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HomeMy WebLinkAboutMay 2, 2005Council Meeting Minutes Monday, May 2, 2005 7:30 PM PRESENT: Mayor David Ryan COUNCILLORS: K. Ashe M. Brenner D. Dickerson R. Johnson B. McLean D. Pickles ALSO PRESENT: T. J. Quinn E. Buntsma N. Carroll G. Paterson S. Karwowski B. Taylor D. Watrous - Chief Administrative Officer - Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Services & Treasurer - Manager, Finance & Taxation - City Clerk - Committee Coordinator ii) INVOCATION Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (11) ADOPTION OF MINUTES Regular Meeting of April 11, 2005 (111) 1. DELEGATIONS Peter Ritchiz, Executive Director, AIDS Committee of Durham, addressed Council with respect to the Education and Awareness Walk for AIDS/Durham West on May 14th and requested Council to proclaim Saturday, May 14, 2005 as Awareness & Education for AIDS Day in Picketing. Council Meeting Minutes Monday, May 2, 2005 7:30 PM The following persons addressed Council to support the Notice of Motion to establish a Taxicab Advisory Committee: a) Guram Singh, Toronto, serves on the Airport Taxicab Industry Committee and on the Public Vehicle Advisory Committee in Mississauga. He expressed the need for this committee to assist the taxi community and help with the problems they are facing. b) Surinder Kumar, 9 Holly Dr., Ajax, stated his support of the Notice of Motion advising that an Advisory Committee could deal with taxi issues and individual complaints. With the 'implementation of a Committee complaints and workload would be decreased for the Municipal Law Enforcement Officers. c) Kewal Menocha, 1480 Pickering Pkwy., Unit 508, stated that a taxi driver has a stressful and high dsk job and a committee would protect them and the public. d) Bhupinder Bajwa, OPG, 358 Rouge Hill Road, stated the need for a committee to be visionary. The purpose of a committee would be to help citizens, drivers and Council to have improved service and to create mutual respect between the taxi operations and public. e) Sagir Ahmed, Dundas Street W., Toronto, left the Picketing Taxi business two years ago due to dispute with the owner. (IV) RESOLUTIONS Resolution #70105 Moved by Councillor Brenner Seconded by Councillor Dickerson To suspend the rules to deal with the Notice of Motion. CARRIED -2- Council Meeting Minutes Monday, May 2, 2005 7:30 PM Resolution #71105 Moved by Councillor Brenner Seconded by Councillor McLean WHEREAS concerns have been raised by members of the taxicab industry pertaining to how the City of Pickering regulates their industry and the need to develop guidelines that will result in a standard of best practices; and WHEREAS it is the desire of the members of the taxicab industry to have open communication with Members of Council and staff of the City of Picketing; and WHEREAS it has been proven in other GTA municipalities that such communication can be achieved through the creation of an Advisory Committee; NOW THEREFORE the Council of The Corporation of the City of Picketing hereby establishes an Advisory Committee with a mandate to review the existing Taxicab By- law, to examine the feasibility of being a Regionally regulated industry as well as other issues that may be brought to the Committee's attention; and FURTHER THAT the Advisory Committee be comprised of: two Members of Council two Taxicab Drivers · two Taxicab Owners · two Taxicab Business Owners · one member from the community at large · appropriate staff of the Clerk's Division and By-law Enforcement Section · one member of the Accessibility Advisory Committee FURTHER THAT Councillors Brenner and McLean be appointed to the Taxicab Advisory Committee for a term to expire on November 30, 2006. CARRIED Recorded Vote: Yes: Councillors Ashe, Ryan Brenner, Dickerson, Johnson, McLean, Pickles and Mayor The following motions were considered in conjunction with the above resolution: -3- Council Meeting Minutes Monday, May 2, 2005 7:30 PM Resolution #71105(a) Moved by Councillor Brenner Seconded by Councillor Pickles That Councillor McLean be appointed to the Taxicab Advisory Committee. CARRIED Resolution #71/05(b) Moved by Councillor McLean Seconded by Councillor Pickles That Councillor Brenner be appointed to the Taxicab Advisory Committee. CARRIED Resolution #72/05 Moved by Councillor Johnson Seconded by Councillor McLean That the Report of the Executive Committee adopted. EC 2005-07, dated April 25, 2005, be CARRIED Resolution #73/05 Moved by Councillor Dickerson Seconded by Councillor McLean 1. That Report CS 30-05 from the Director, Corporate Services & Treasurer concerning 2005 Current and Capital Budgets, be approved; and a) That 2005 Current (Operating) budget expenditure for employer contributions (Account #1400) in the amount of $6,085,422, be approved; and -4- Council Meeting Minutes Monday, May 2, 2005 7:30 PM b) a) b) c) d) a) That the 2005 Gross Current (Operating) Budget for City purposes in the amount of $49,349,401 (which excludes employer contributions) and includes capital expenditures from current revenues in the amount of $2,799,545, less estimated current operating revenues of $22,494,162 and a transfer from the Rate Stabilization Reserve of $1,000,000, and including approval to use funds of $231,500 originally provided for the Transit Equalization Payment, resulting in a net overall levy for City Operations of $31,709,161 and when added to the City Levy for APTA of $2,568,726 results in a total City Levy of $34,277,887 which is approximately a 5.5 percent increase over 2004, be adopted; and That the City of Pickering's, 2005 financial share of the APTA Current Budget in the amount of $3,760,939, and APTA's Capital Budget in the amount of $2,092,838 for a total amount of $5,853,777, be approved; and That funding for the 2005 APTA Current and Capital Budget as follows: 2004 Gas Tax Funds in the amount of $161,515 2005 Gas Tax Funds in the amount of $647,341, transfer from the Transit (Transportation) Reserve $307,354; "2005 Transit Tax Levy" to be transferred from the Region of Durham to the City of Pickering in the currently estimated amount of $990,835 be applied towards 2005 capital and current expenditures; funding by Durham Region through the assumption of Progress Payments in the amount of $1,178,006 when title to the new buses is transferred to the Region on January 1, 2006 leaving a residual balance of $2,568,726 funded from the tax levy be approved; and That APTA Board of Management be advised that all capital bus expenditures must have written confirmation from Durham Region to assume progress payment liabilities after December 31, 2005 estimated to be $1,178,006; and That the Treasurer be authorized to fund Pickering's share of any over expenditure or shortfall in revenue in APTA's operations by a transfer from the Transit (Transportation) Reserve and if there are any funds left in this Reserve, that these funds be used to reduce the amount of the tax levy used to fund APTA's operations; and That the Director, Corporate Services & Treasurer be authorized to establish the Easement Settlement Reserve (ESR) and $2,500,000 be transferred to this Reserve; and -5- Council Meeting Minutes Monday, May 2, 2005 7:30 PM 5 b) That the amount of $1,404,887 be transferred from (ESR) to be used to fund current budget expenditures of $435,337 and capital budget expenditures of $969,550; and That the Director, Corporate Services & Treasurer present the 2005 final tax rates for adoption by Council when further information regarding 2005 (Non Residential Education Tax Rates) from the Province of Ontario and Region of Durham is available; and a) That the 2005 Capital Budget for the City of Pickering with a Gross Expenditure of $14,420,495 be adopted as presented; and b) That the following capital financing sources be approved as presented in the 2005 Capital Budget: Transfer from Current Fund to Capital Fund $2,799,545 Transfers from Reserves: - Capital Equipment (4611) - Easement Settlement Reserve - Rec Complex Arena Reserve (4623) 76,000 969,550 120,000 Transfers from Reserve Funds: - Development Charges - Community Facilities (4225) - Parkland Development (4230) - Public Works Services (4232) - City Share Dev. Charges Projects - Third Party Contribution (4235) 1,623,260 25,000 650,000 100,000 2,027,840 50,000 Debt - 5 yr Debt- 10 yr Debt - 20 yr Internal Loans/Dealer Financing 172,000 3,372,800 700,000 110,000 Federal Grants (1610) Provincial Grants (1623) Donations (4905) 1,153,500 375,000 96,000 TOTAL $14,420,495 -6- Council Meeting Minutes Monday, May 2, 2005 7:30 PM c) That total external debt financing of $4,224,800 for the projects identified in the 2005 Capital Budget and as indicated in this report in the amount of $172,000 for a period not to exceed 5 years and; $3,372,800 for a period not to exceed 10 years and $700,000 for a period not to exceed 20 years be approved; and d) That projects identified in the 2005 Capital Budget as being financed through the issuance of debt be subject to additional, specific approval by Council of the expenditure and the financing before proceeding; and e) That internal loans or dealer financing in the amount of $110,000 to be undertaken at the discretion of the Director, Corporate Services & Treasurer as indicated in this report, be approved; and That any debt or financing provisions contained in the annual Current Operating Budget of Pickering not used in the current year's payments requirements may, at the discretion of the Director, Corporate Services & Treasurer, be used to apply towards principal amounts remaining to be financed; and g) That all Capital expenditures or portions thereof, approved in the 2005 and future Capital Budgets to be financed at the discretion of the Director, Corporate Services & Treasurer, most likely through internal loans, dealer financing, current funds or a combination thereof; and That the Director, Corporate Services & Treasurer be authorized to transfer: a) That any surplus current operating funds at any year-end in excess of $110,000 to the Rate Stabilization Reserve; and b) That any funds necessary from the Rate Stabilization Reserve in order to ensure that in any year the Current Budget results in a year end surplus of no less than $110,000; and c) That any revenue resulting from the disposition of land or other assets in excess of $200,000 to the Reserve for Replacement of Capital Equipment; and a) That the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, in order to ensure that the budget plan including any re-allocation of 2005 current operating -7- Council Meeting Minutes Monday, May 2, 2005 7:30 PM 10. 11. 12. 13. expenditures and revenues resulting from any re-organization including any adjustment in taxes or tax rates due to Provincial and Regional tax policy changes to ensure that the tax billing process is proper and complete; and b) That any new Provincial and Federal Government funding announcements for municipal govemment in the form of grants or new taxing authority/powers that Council endorse that these new revenue sources be deemed where applicable to be new revenue sources for the lower tier municipality and to be applied to future Current and Capital budgets; and c) That if and when Federal Gas Tax funds are received, that these funds be transferred to the Rate Stabilization Reserve; and d) That the 2005 Current Fire Services Division Operating Budget for Accounts #1100 (Salaries & Wages) and $1400 (Employer Contributions) be restated for the 2006 Budget once contract negotiations have been completed; and That the Director, Corporate Services & Treasurer be authorized to dose any prior year's capital expenditure accounts, at his discretion, and to first apply any excess funding to any over expenditure (in accounts utilizing the same source of funds) and to secondly transfer any remaining excess funding back to the original source of the funds; and That the provisions of the Municipal Act, 2001 (s.299 and s.300), that require municipalities to provide public notice regarding the improvements and barders to improvements in the efficiency and effectiveness of municipally delivered services, be fulfilled by the service level standards provided in the detailed program budget sections of the 2005 City Budgets; by compliance with the Municipal Performance Measurement Program and by the reporting to the public as required under the Act, later this year; and That Council enact the attached General Municipal Fees and Charges By-law which provides for the fees and charges that are incorporated into the 2005 Current Budget; and That the Schedule of Salary, Expenses and Communications Respecting Members of Council as set out in this report be adopted; and a) That approval be given for the Liverpool Road - Great Lakes Nautical Theme, Phase 1, Liverpool Road South Underground Utility Conversion to be undertaken by Veddian at an estimated cost of $200,000 and a Purchase Order be so issued; and -8- Council Meeting Minutes Monday, May 2, 2005 7:30 PM 14. b) That Council authorize the Director, Corporate Services & Treasurer to finance the project as included in the approved 2005 Capital Budget as follows: (i) issuance of debt not exceeding the amount of $200,000 for a pedod not exceeding 20 years, at a rate to be determined; and (ii) financing and repayment charges in the amount of approximately $17,500 be included in the annual Current Budget for the City of Pickering commencing in 2006 and continuing thereafter until the loans are repaid; and 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 2005 as established by the Province for municipalities in Ontario; and (iv) the Treasurer be authorized to take any necessary actions in order to effect the foregoing; and That the appropriate staff of the City of Pickering be given authority to give effect thereto. CARRIED Recorded Vote: Yes: Councillors Brenner, Dickerson, Johnson, McLean, Pickles and Mayor Ryan No: Councillor Ashe Councillor Ashe declared an interest with respect to Section 2(a) because he has a business relationship with a company that serves the City. Councillor Brenner declared an interest in those sections of the resolution that pertain to salaries in the Division, Culture & Recreation because a member of his family is employed by the City. -9- Council Meeting Minutes Monday, May 2, 2005 7:30 PM Resolution #74/05 Moved by Councillor Johnson Seconded by Councillor Ashe That Zoning By-law Amendment Application A 16/04, be APPROVED as set out in the draft by-law attached as Appendix I to Report PD 14-05, to amend the existing zoning on the subject lands to add a body rub parlour as a permitted use on lands being Part of Lot 19, B.F.C. Range 3, (Durham Condominium Plan 105), City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 16/04, as set out in Appendix I to Report PD 14-05, be FORWARDED to City Council for enactment. CARRIED Resolution #75/05 Moved by Councillor Johnson Seconded by Councillor Brenner 1. That Report OES 14-05 regarding the Picketing Recreation Complex Refrigeration Upgrades, be received; and That Tender T-9-2005 submitted by Black and McDonald Ltd. for the Pickering Recreation Complex Refrigeration Upgrades at the Delaney Arena including the Ammonia Chiller Replacement, the Compressor Replacement and associated equipment in the amount of $158,842.51 (GST extra), be accepted; and 3. That the total gross project cost of $180,661.48 and a net project cost of $168,842.51 including tender amount and other project costs identified in this report, be approved; and 4. That staff at the City of Pickering be given the authority to give effect thereto. CARRIED -10- Council Meeting Minutes Monday, May 2, 2005 7:30 PM Resolution #76/05 Moved by Councillor Dickerson Seconded by Councillor Johnson That Mayor Ryan be authorized to make the following proclamations: "Awareness & Education for AIDS Day"- May t4, 2005 CARRIED (V) BY-LAWS That Councillor Brenner, seconded by Councillor McLean, took leave to introduce by- laws of the City of Picketing: By-law 6513/05 Being a by-law to exempt those parts of Blocks 7 and 13, Plan 40M-1599, Picketing, designated as Parts 1 and 5, Plan 40R-21767 from part lot control. By-law 6514/05 Being a by-law to amend Restricted Area (Zoning) By-law 2511, to implement the Official Plan of the City of Pickering, Region of Durham, for Part of 19, B.F.C. Range 3, (Durham Condominium Plan 105), City of Pickering. (A 16/04) By-law 6515/05 Being a by-law to dedicate Block 24, Plan 40M-1727, Pickering as public highway. By-law 6516/05 Being a by-law to prohibit the sounding of train whistles at Rosebank Road crossing of the Canadian Pacific Railway line, Belleville Subdivision. By-law 6518/05 Being a by-law to amend By-law 2359/87 regulating parking, standing and stopping on highways on private and municipal property. -11 - Council Meeting Minutes Monday, May 2, 2005 7:31) PM By-law 6519/05 Being a by-law to amend By-law 6338/04 to confirm General Munidpal Fees and Charges pursuant to the Municipal Act, 2001. CARRIED THIRD READING: Councillor Brenner, seconded by Councillor McLean, moved that By-law Numbers 6513/05, 6514/05, 6515/05, 6516/05, 6518/05 and 6519/05, 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. o OTHER BUSINESS Mayor Ryan congratulated the Chief Administrative Officer on his 35th Anniversary with the City of Pickering. Councillor McLean requested a status report on the PAW Report and was advised that it would be before the Executive Committee on May 9th. Councillor Johnson advised of his attendance at an NHL Old Timers Lunch held in honour of Ivan Irwin. Councillor Johnson also congratulated the Chief Administrative Officer on his 35th Anniversary with the City of Pickering. Councillor Brenner extended his congratulations to the Chief Administrative Officer on his 35 years with the City. Councillor Brenner requested information on the PAW Report Councillor Dickerson advised of his attendance at the Seniors Tea and congratulated the Pickering Carib Canadian Cultural Association for this wonderful event and also extended thanks from the public. The following matters were discussed prior to the regular Council Meeting: - 12- Council Meeting Minutes Monday, May 2, 2005 7:30 PM a) b) c) d) e) The CAO distributed a memo dated April 28, 2005 regarding the Beachfront Park. The CAO distributed a memo dated May 2, 2005 regarding the retention of a City Clerk. It was the consensus of Members of Council to reschedule the Council Meeting of May 16th to May 17m, 2005. The CAO distributed a letter dated April 28, 2005 from the law firm of Hicks/Morley and a letter dated April 25, 2005 from the Durham Regional Police Service regarding a litigation issue. Resolution #77105 Moved by Councillor Brenner Seconded by Councillor Pickles That Council meet In Camera at 7:03 pm to discuss a matter of potential litigation. CARRIED The Division Head, Corporate Projects & Policy provided Council with an update on Seaton-related issues. Resolution #78105 Moved by Councillor Brenner Seconded by Councillor Pickles That Council rise from this In Camera session at 7:30 pm. CARRIED -13- Council Meeting Minutes Monday, May 2, 2005 7:30 PM (VII) CONFIRMATION BY-LAW By-law Number 6520105 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 May 2, 2005. CARRIED ADJOURNMENT The Meeting adjourned at 9:50 pm. DATED CITY CLERK -14- Appendix I Executive Committee Report EC 2005-07 That the Executive Committee of the City of Picketing having met on April 25, 2005, presents its seventh report to Council and recommends: PLANNING & DEVELOPMENT REPORT PD 16-05 ZONING BY-LAW AMENDMENT APPLICATION A 4/04 162042 ONTARIO LIMITED 979- 983 KINGSTON ROAD SOUTH PART OF LOT 26, CONCESSION 1 PART 2, 40R-11222 (EAST OF THE POLICE CREDIT UNION, FRONTING SHEPPARD AVENUE That Zoning By-law Amendment Application A 4/04 to permit a four-storey, thirty-two unit hotel, submitted by 1612042 Ontario Limited, on lands being South Part of Lot 26, Concession 1, Part 2, 40R-11222, City of Picketing be NOT APPROVED. PLANNING & DEVELOPMENT REPORT PD 15-05 REQUEST FOR COUNCIL'S PERMISSION TO DEVELOP BY LAND SEVERANCE TANIA SPRING 1839 PINE GROVE AVENUE PART OF LOT 6, PLAN 282 & PART OF THE ROAD ALLOWANCE BETWEEN LOT 34 & 35 ('PART 2, PLAN 40R-20388) That the request made by T. Spring, be APPROVED, to permit the division of the subject lands, being Part 2, 40R-20388 (known as 1839 Pine Grove Avenue), by land severance rather than a plan of subdivision, subject to Rockwood Drive being extended through the subject lands in a north-south direction. -15- Appendix I Executive Committee Report EC 2005-07 OPERATIONS & EMERGENCY SERVICES REPORT OES 08-05 ANTI-WHISTLING BY-LAW, ROSEBANK ROAD CROSSING 1. That Report OES 08-05 regarding prohibition of train locomotive whistling be received; and That the attached draft by-law be enacted to prohibit train locomotive whistling at Rosebank Road crossing (mileage 190.60) along the Canadian Pacific Railway Line, Belleville Subdivision; and That the Mayor and Clerk be authorized to enter into the necessary agreements with the Canadian Pacific Railway Company Limited to give effect to the cessation of train whistling at the above noted level crossing. = OPERATIONS & EMERGENCY SERVICES REPORT OES 10/05 PICKERING DRAGON BOAT CLUB RACES - JUNE 4 & 5, 2005 AMENDMENT OF PARKNIG BY-LAW 2359/87 FOR PROHIBITING STOPPING ON PORTIONS OF BREEZY DRIVE AND OKLAHOMA DRIVE That Report OES 10-05 regarding a temporary by-law for prohibiting parking, standing and stopping on portions of highways under the jurisdiction of the City of Pickering be received and forwarded to Council for their approval; and That a by-law be enacted to amend Schedule %' By-law 2359/87 as amended regulating stopping restrictions and prohibitions on certain highways. OPERATIONS & EMERGENCY SERVICES REPORT OES 12-05 PROVINCIAL SECONDARY LAND USE PROGRAM - PSLUP RATIFICATION OF MUNICIPAL PUBLIC INTERESTS FOR HYDRO CORRIDORLANDS That OES 12-05 regarding the Provincial Secondary Land Use Program, be received; and That Council approve the City of Pickering's submission of future public interests on hydro corridor lands under the Provincial Secondary Land Use Program, as contained in Report OES 12-05; and -16- Appendix I Executive Committee Report EC 2005-07 That a copy of Report OES 12-05, be forwarded to the Regional Municipality of Durham to facilitate a joint municipal submission to the Ministry of Municipal Affairs and Housing; and That Council acknowledge that the City of Pickering's resolution(s), and its submission contained in the joint submission, will be a public document and will remain on file with the Ministry of Municipal Affairs and Housing. PROCLAMATIONS: "AJAX-PICKERING BOARD OF TRADE MONTH" That Mayor Ryan be authorized to make the following proclamations: "Ajax-Pickering Board of Trade Month" - October, 2005 -17-