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HomeMy WebLinkAboutMarch 29, 2010 (Special) "Special Council Meeting Minutes Monday, March 29 2010 PLCKERNG 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. Quinn - Chief Administrative Officer E. Buntsma - Director, Operations & 'Emergency Services N. Carroll - Director, Planning & Development T. Melymuk . Director, Office of Sustainability G. Paterson Director, Corporate Services & Treasurer T. Prevedel - Division Head, Operations & Facilities A. Allison - City Solicitor C. Grant - CEO, Pickering Public Library S. Karwowski - Manager, Finance & Taxation-. D. Shields - City Clerk L. Roberts - Committee Coordinator (1) INVOCATION Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. 1. (11) DISCLOSURE OF INTEREST Councillor McLean made a declaration of interest under the Municipal Conflict of Interest Act with respect to Item 2 a) of the 2010 Current Budget as his son is employed with the City of Pickering. Councillor McLean did not take part in any discussions regarding 2 a) or vote on the matter. 1 Crrq o¢~ _ Special Council Meeting Minutes Monday, March 29 2010 PICKE 7:30 PM Council Chambers (III) ADOPTION OF MINUTES Resolution #52/10 Moved by Councillor Johnson Seconded by Councillor Dickerson Executive (Budget) Minutes, March 4, 2010, as amended. CARRIED (IV) DELEGATIONS 1. Peter Rodrigues Re: Report CS 07-10 2010 Current and Capital Budgets Peter Rodrigues, 750 Whitevale Road, appeared before Council in support of the 1 % increase in the budget for litigation purposes regarding the York/Durham sewer system. He felt the consultation and EA process were not properly conducted, and noted many reasons to proceed with the legal action and felt this was money well spent. He thanked Council for their support of this 1 % increase and noted the City needs to remain strong in their legal challenges. A question and answer period ensued. Discussion ensued with respect to the Region .sharing the legal costs as well as funding a full peer review. 2. John Murray Re: York/Durham Sewer System John Murray, 1376 Everton Street, Pickering, appeared before Council in support of the 1 % increase in the budget for litigation purposes regarding the York/Durham sewer system. He informed the Committee that he had researched the existing and proposed York Region Trunk Sewer System and outlined the details of his findings. He had prepared a report based on his personal analysis and provided the City Clerk with copies for Council. He noted his deep concerns with the area of Valley Farm and Finch where the pipes converge, the large volume of sewage and the long term ramifications of this. He questioned the ensuing implications in the event of something going wrong. He also noted his concerns with the quality of drinking water as some of the industrial chemicals are not removed in the sewage treatment process. He thanked Council for their support of the increase. A question and answer period ensued. 2 C-it ~0 Special Council Meeting Minutes Aga, i i Monday, March 29 2010 PM Council Chambers (V) CORRESPONDENCE 1. CORR. 24-10 SANDRA KRANC, CITY CLERK CITY OF OSHAWA .50 Centre Street South, Oshawa, ON L1 H 3Z7 Resolution #53/10 Moved by Councillor Johnson Seconded by Councillor Dickerson That CORR. 24-10, being a copy of a letter from Sandra Kranc, City Clerk, City of Oshawa to the Environmental Assessment and Approvals Branch of the Ministry of the Environment, requesting the City of Pick_ ering's consideration of a resolution passed by the City of Oshawa at a meeting held March 8, 2010 with respect to the Ministry of the. Environment Issuance of the Notice of Completion of the Ministry Review for the Durham and York Residual Waste Study Amended Environmental Assessment be received for information. CARRIED 2. CORR. 25-10 EVELYN SMITH PRESIDENT-PICKERING ROTARY CLUB P.O. Box 7 Pickering, ON L1V 2R2 Resolution #54/10 Moved by Councillor Dickerson Seconded by Councillor Johnson That CORR. 25-10 received from Evelyn Smith, President, Pickering Rotary Club regarding the Ribfest 2010 event on June 4, 5, 6, 2010 at Esplanade Park in Pickering be supported by donating associated costs with respect to City resources. (i.e. park permit fee, City staff support, water, electricity) CARRIED 3 Cif Special Council Meeting Minutes Monday, March 29 2010 FICKERNG 7:30 PM Council Chambers 3. CORR. 26-10 STEPHEN REYNOLDS DIVISION HEAD, CULTURE & RECREATION CITY OF PICKERING One The Esplanade Pickering, ON L1V 6K7 Resolution #55/10 Moved by Councillor Johnson Seconded by Councillor Dickerson That CORR. 26-10 from Stephen Reynolds, Division Head, Culture & Recreation on behalf of the Pickering Museum Village Advisory Committee, seeking Council endorsement with respect to the de-accessioning of artifacts which no longer fit within the mandate of the Pickering Museum Village be endorsed. CARRIED 4. CORR. 27-10 a) Community Development Council Durham b) Central East Hospice Palliative Care Network c) Coaches Association of Ontario Resolution #56/10 Moved by Councillor Dickerson Seconded by Councillor Johnson That CORR. 27-10 be received for information and the following proclamations be declared: April 8, 2010 - Day of Awareness for a Poverty Free Durham May 2 - 8, 2010 - Hospice Palliative Care Week April 17 - 25, 2010 - Ontario Coaches Week CARRIED 4 Crtq o~ Special Council Meeting Minutes Monday, March 29 2010 7:30 PM Council Chambers (VI) NEW AND UNFINISHED BUSINESS 1. Director, Corporate Services & Treasurer, Report CS 07-10 Re: 2010 Current and Capital Budgets Detailed discussion ensued with respect to the 2010 Current and Capital Budgets. Members posed various questions and requested clarification which was provided by the Director, Corporate Services and Treasurer. Councillor Dickerson suggested that for the 2011 budget, the new CAO as well as Directors meet with Councillors to discuss the budget for their respective wards. Resolution #57/10 Moved by Councillor Dickerson Seconded by Councillor Johnson 1. That Report CS 07-10 of the Director, Corporate Services & Treasurer be approved; 2. a) That the 2010 Current Budget expenditure for,personnel expenditures, li consisting of salaries and wages (Account 1100) overtime (Account 1200) and employer contributions (Account 1400), in the total amount of $42,016,239 be approved; b) That the 2010 Gross Current Budget expenditures for City purposes in the amount of $30,386,433 -(that excludes personnel expenditures and includes capital expenditures from current revenues in the amount of $1,822,275); less estimated current operating revenues of $25,716,986 and transfer from the Rate Stabilization Reserve of $2,912,338 and transfer from the Economic Stabilization Reserve of $405,000 be approved; c) That the TOTAL FINAL City levy under a) and b) above plus an additional $420,000 for Legal Challenges associated with York Durham Sanitary Sewer MOU and Judicial Review which results in a TOTAL FINAL levy of $43,788,348 which is approximately a-3.90% increase over 2009-be approved; 3. a)That.Council approve the addition of the Brockridge Batting Cage and storage building at an estimated cost of approximately $97,000 to be entirely funded by the bequest from the Micharel R. Carman Memorial Fund to the 2010 capital budget.. (Please refer to details in this report and memo to CAO in this Agenda); 5 Cry Special Council Meeting Minutes rsxa ~ r. ~ Monday, March 29 2010 7:30 PM Council Chambers. b)That the 2010 Capital Budget for the City of Pickering with a Gross Expenditure of $21,205,145 be adopted as presented and amended (that includes the capital budget changes approved by Council at the Executive Committee meeting of March 4, 2010 and Recommendation 3 a); c)That the-following capital financing sources be approved as presented in the amended 2010 Capital Budget that includes Recommendation 3 a): Transfer from Current Fund to Capital $17822,275 Fund Transfers from Reserves: - Dunbarton Pool Res (7032) 19,500 - Rec Complex Pool Reserve (7035) 30,000 - Rec Complex Arena Res(7036) 105,000 - Vehicle Replacement Res (7040) 100,000 - Easement Settlement Res (7041) 131,279 - Move Ontario Reserve (7043) 252,500 - Cap Mtce and Mgmt Systems(7045) 15,000 Transfers from Reserve Funds - Development Charges 1,881,893 - Parkland Development (7502) 472,000 - Federal Gas Tax Funds (7505) 2,117,500 City Share Dev. Charges Projects 568,947 (7022) - Third Party Contribution (7501) 200,000 - Community Facilities (7700) 10,000 - Public Works (7702) 200,000 Debt - 5 yr 1,060,000 Debt - 10 yr 850,000 DC Funded. Debt -10yr 2,402,400 Federal and Provincial Grants - 8,000,000 Frenchman's Bay Harbour Construction Project 555,000 Provincial Grant - Invest in Ontario Provincial Grant - Ministry of Culture. 1,975 6 Special Council Meeting Minutes Monday, March 29 2010 7:30 PM Council Chambers Provincial Grants - Transportation 247,671 Initiatives Donations (1592) 162,205 TOTAL $21,205,145 d) That total external debt financing.of $4,312,400 for the projects identified in the . 2010 Capital. Budget, and as indicated in this report, in the amount of $1,060,000 for a period not to exceed 5 years and $3,252,400 for a period not, to exceed 10 years; e) That projects identified in. the 2010 Capital Budget as .being financed through the issuance of debt be subject to additional, specific approval of the expenditure and the financing by Council; f) That any debt repayment, interest or financing provisions contained in the annual- Current Operating Budget not used in the current year's payments requirements may, at the discretion of the Director, Corporate Services & Treasurer, be used to apply towards additional principal repayment, outstanding loan or debt charges or to reduce debt, internal loans or any other amounts to be financed; g) That all Capital expenditures or portions thereof, approved in the 2010 Capital Budgets to be financed through the issuance of debt, may, at the discretion of the Director, Corporate Services & Treasurer, be financed through internal loans, dealer financing, current or capital funds or a combination thereof; h) That the Director, Corporate Services & Treasurer, be authorized at his discretion to apply -any excess funds raised from completed internal loans projects to first repay the original internal loans, and secondly to reduce or replace budgeted internal loans or debts; i) That the Director, Corporate Services.& Treasurer be authorized at his discretion to apply any excess funds through the issuance of debentures as provided for under Section 413 of the Municipal Act, 2001 as amended; 7 Cry Special Council Meeting Minutes Monday, March 29 2010 - 7:30 PM PTCKF Council Chambers 4. That the Director, Corporate Services & Treasurer be authorized to transfer: a) Any surplus current operating funds at year-end in excess of approximately $125,000 in.the following ratio: 30% to the Rate Stabilization Reserve and 70% to the City Share DC Projects Reserve; b) Any funds necessary from the Rate Stabilization Reserve in order to ensure that the Current Budget results in a year end surplus of no less than $125,000; c) If Veridian does not increase its dividend by $315,000, the corresponding dollar short fall be offset by an increase in the draws from the Economic Stabilization Reserve. (Please refer to details in this Report, and Report CS 09-10 and memo to CAO in this Agenda) ; 5. 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 accommodates any reallocation of 2010 current operating expenditures and revenues resulting from any reorganization and any adjustment in taxes or tax rates due to Provincial and Regional tax policy changes; b) That any new additional Provincial and Federal Government funding announcements for municipalities in the form of grants or new taxing authority/powers be applied to future Current and Capital budgets unless otherwise approved by Council; 6. That any under expenditures from projects funded from Federal or Provincial Grants may be used to fund over expenditures for approved projects funded from the same source(s); 7. That the Director, Corporate Services & Treasurer be authorized at his discretion to close any prior year's capital project accounts, and to first apply any excess funding to any over expenditure in other capital accounts and to secondly transfer any remaining excess funding back to the original source of the funds; 8. That the Director, Corporate Services & Treasurer be authorized to: a) Undertake transactions in the spot or forward (12 months or less) currency markets in order to effect United States dollar denominated expenditures in the Current or Capital Budgets; 8 Cry Special Council Meeting Minutes Monday, March 29 -2010 PICXEMNG 7:30 PM Council Chambers b) Enter into leases or rental agreements for the provision of vehicles or equipment required for temporary use during periods of equipment breakdown or repair or during periods of increased need (eg. Inclement weather); . 9. That Council pass the attached General Municipal Fees and Charges By-law which provides for the fees and charges that are incorporated into the 2010 Current Budget; 10. That the Director, Corporate Services & Treasurer be authorized to adjust, where appropriate, the per kilometre travel expense reimbursement rate during the year in order to maintain a reasonable level of reimbursement with any increase in cost being met from under expenditures in other accounts;. 11. That Council adopt the following Budget Guidelines for the development and presentation of the 2011 budget; a) That there be no new full or part-time positions, or increase in part-time hours unless these additional costs are offset by additional program revenues,. reduced expenditures or is mandated by Federal or Provincial legislation, or additional staffing is due to health and safety or LTD accommodations; b) That excluding the Bi Centennial Program, there may be no new, enhanced or expanded current or capital budget programs; c) That the Education and Training accounts be adjusted to their 2009 budget levels if sufficient funding exists; d) That the 2011 budget be developed based on a "restricted use of debt;" 12. That the Director, Corporate Services & Treasurer be authorized to initiate any assessment appeals necessary to protect the assessment base of the City; 13. That the appropriate staff of the City of.Pickering be given authority to give effect thereto. CARRIED UNANIMOUSLY ON A RECORDED VOTE 2.. Director, Corporate. Services & Treasurer, Report CS 09-10 Re: Veridian Corporation - Ontario Energy Board (OEB) Rate Submission Resolution #58/10 . 9 Crr~ a~ _ Special Council Meeting Minutes Monday, March 29 2010 7:30 PM Council Chambers Moved by Councillor Dickerson Seconded by Councillor Littley 1. That Report CS 09-10 of the Director, Corporate Services & Treasurer be received; 2. That the Promissory Note $17,974,000 to Veridian Connections Inc. be amended at face value with the revised terms and conditions including maturity dates, redemption features and with interest at 5.57% respectively from May 1,, 2010 onward as indicated on the Note attached hereto; 3. That a By-law in the form attached providing for the approval and execution of a Note Amending Agreement be passed; 4. That the Mayor and Clerk be authorized to execute the Note Amending Agreement on behalf of the City of Pickering substantially in the. form attached; 5. That the Director, Corporate Services & Treasurer be authorized to undertake any actions including execution of agreements, negotiations or amendments to the terms and conditions necessary in order to put the foregoing into effect; and 6. That the appropriate officials at the City of Pickering be given authority to give effect thereto. CARRIED 3. Director, Operations & Emergency Services, Report OES 06-10 Re: Supply & Delivery of (2) Two Fire Pumper Vehicles Resolution #59/10 Moved by Councillor Dickerson Seconded by Councillor Littley 1. That Report OES 06-10 of the Director, Operations & Emergency Services regarding the supply and delivery of (2) two Fire Pumper Vehicles be received; 2. That the proposal dated 01/30/10 and price negotiated with Smeal Fire Apparatus Co. by the Manager, Supply & Services for the supply and delivery of (1) one Fire Pumper Vehicle at a cost of $541,900 for the gross amount of $612,347.00 (HST included) and a net cost of $551,437 be accepted; 10 Cars _ Special Council Meeting Minutes E64a Monday, March 29 2010 PTCKE 7:30 PM. Council Chambers 3. That the proposal dated 01130%10 and price negotiated with Smeal Fire Apparatus Co. by the Manager, Supply & Services for the supply and delivery of a second Fire Pumper Vehicle at a cosf.of $541,900 less a credit of ($9,300) for the gross amount of $601,838.00 (HST included) and a net cost of $541,974 be accepted; 4. That the total gross project cost of $1,214,185.00 as negotiated by the Manager, Supply Services and the total net purchase cost of $1,093,411.20 be approved; 5. That Council authorize the Director; Corporate Services & Treasurer to finance the supply and delivery of two (2) Fire Pumper Vehicles as follows: a) that the sum of $1,090,000 be financed by the issue of debentures by the Regional Municipality of Durham over a period not to exceed (10) years at a rate to be determined b) that the balance of $3,411.20 be funded from property taxes or other revenues available to the Treasurer c) that the annual repayment charges from the debenture in the amount of $141,160 be included in the annual Current Budget for the City of Pickering commencing in 2010, continuing thereafter until the debenture is repaid, and any financing cost be paid out of the Current Budget d) that the draft bylaw attached to this report be enacted; and, e) that the appropriate officials of the City of Pickering be given authority to give effect thereto. 6. 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 2010 as. approved by the Province for municipalities in Ontario and therefore, the Ontario Municipal Board approval is not required. 7. The appropriate officials of the City of Pickering be given authority to give effect thereto. CARRIED 11 Cif Special Council Meeting Minutes Monday, March 29 2010 P1 C - X Ei i 7:30 PM Council Chambers 4. Director, Operations & Emergency Services, Report OES 07-10 Re: Tender No. 7-24-2009 Tender for Don Beer Arena Accessibility Upgrades and Environmental Improvements Resolution #60/10 Moved by Councillor Dickerson Seconded by Councillor Johnson 1. That Report OES 07-10 of the Director, Operations & Emergency Services regarding the Don Beer Arena Accessibility Upgrades and Environmental Improvements be received; 2. That Tender No. T-24-2009 submitted by Deciantis Construction Ltd. for the Don Beer Arena Accessibility Upgrades and Environmental Improvements in the amount of $2,411,850 (PST & GST included) be accepted; 3. That the total gross project cost of $2,838,675 and the.net project cost of $2,703,500 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 $320,000 as provided for in the 2009 approved Capital Budget to be financed by the issue of debentures through the Regional Municipality of Durham, over a period not exceeding ten (10) years, at a rate to be determined; b) The sum of $1,680,000 as provided for in the 2009 approved Capital Budget, to be funded through Provincial and Federal Recreation Infrastructure Canada (RInC) Program in Ontario Grant Funding; c) The sum of $100,000 as provided for in the 2009 .approved Capital Budget to be funded from the Don Beer Arena Reserve; d) The sum of $420,000 as provided for in the 2009 approved Capital Budget to be funded from the Federal Gas Tax Reserve Fund; e) The additional sum of $183,500 to cover the project over expenditure will be funded as follows: 12 Special Council Meeting Minutes Monday, March 29 2010. 7:30 PM Council Chambers i) the sum of $91,750 from Federal Gas Tax Reserve Funds; ii) the sum of $90,000 to be financed by the issue of debentures through the Regional Municipality of Durham over a period not exceeding ten (10) years; iii) the sum of $1,750 to be financed from current funds. f) The annual repayment charges in the amount of approximately $53,400 be included in the annual Current Budget for the City of Pickering commencing in 2010, continuing thereafter until the loan is repaid, and any financing cost to be paid out of the Current Budget; g) The Director, Corporate Services & 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 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; h) The Treasurer is authorized to take any actions necessary in order to effect the foregoing; and 5. That the appropriate officials at the City of Pickering be given authority to give effect thereto. CARRIED Councillor McLean left the meeting at 9:45 pm. (VII) MOTIONS & NOTICES OF MOTION ADMINISTRATION OF THE PROVINCIAL OFFENCES ACT (POA) Resolution #61 /10 Moved by. Councillor O'Connell Seconded by Councillor Dickerson Whereas the Regional Municipality of Durham is responsible for the Intermunicipal Service Agreement (MSA) and the administration of the Provincial Offences Act. (POA); and 13 Special Council Meeting Minutes Monday, March 29 2010. 7:30 PM Council Chambers Whereas the revenues from POA's received by the lower tier municipalities have been decreasing; and Whereas revenue sources outside of the property tax base are essential to municipalities to control property tax increases; and Whereas the current weight assessment is 60% revenues distributed to lower tier municipalities and 40% of revenues distributed to Durham Region. However with the declining POA revenues'perhaps the weight assessment should be reviewed and an assessment of 70% of revenues to lower tier municipalities and 30% of revenues to Durham Region be established; and Now Therefore be it Resolved the Council for the City of Pickering request that the Region of Durham provide a detailed investigation into the declining POA revenues and provide this report to all Durham Regional municipalities. And That a copy of this resolution be forwarded to all Durham Region municipalities for endorsement and that this be circulated to Durham Regional Council once area municipalities have been able to make formal comments. CARRIED ON A RECORDED VOTE AS FOLLOWS: YES NO Councillor Dickerson Councillor Johnson Councillor Littley Councillor O'Connell Councillor Pickles Mayor Ryan Councillor McLean was absent for the vote. (VIII) BY-LAWS 7032/10 Being a by-law to amend By-law No. 6191/03 to confirm General Municipal Fees 14 Cry r Special Council Meeting Minutes _ Monday, March 29 2010 Pil 7:30 PM Council Chambers 7033/10 Being a by-law to (i) approve and authorize the execution of a note amending agreement made as of the 30th day of March, 2010 in respect of fourth amended and restated promissory notes dated March 30th, 2010 issued by Veridian Connections Inc. in favour of The Corporation . of the Town of Ajax, The Corporation of the City of Belleville, The Corporation of the Municipality of Clarington and The Corporation of the City of Pickering; (ii) to approve the issue of fourth amended and restated promissory notes dated March 30th, 2010; and (iii) to approve and authorize the execution of a second amending agreement to a shareholders' agreement dated September 28, 2001, as amended by a first amending agreement dated September 30, 2003, among The Corporation of the Town of Ajax, The Corporation of the City of Belleville, The Corporation of the Municipality of Clarington and The Corporation of the City of Pickering, Veridian Corporation, Veridian Connections Inc. and Veridian Energy Inc. 7034/10, Being a by-law to authorize the issuance of debentures in the amount of $410,000 for the Don Beer Arena Accessibility Upgrades and Environmental Improvements in the City of Pickering. 7035/10 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $1,090,000 for the supply and delivery of (2) Two Fire Pumper Vehicles in the City of Pickering. THIRD READING: Councillor Johnson, seconded by Councillor Littley moved that By-law Numbers 7032/10 to 7035/10, 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 (IX) OTHER BUSINESS 1. The Chief Administrative Officer was requested to action the following; a) Councillor Dickerson requested a meeting be arranged with the City's consultant with respect to the public alerting sirens. 2. Councillor O'Connell gave notice that she would be bringing forward a Notice of Motion with respect to a private member's bill introduced by cabinet minister David Caplain to amend the Ontario Municipal Act so that regional chairs across the province would be subject to direct election. 15 Special Council Meeting Minutes Monday, March 29 2010 PIC 7:30 PM Council Chambers 3. Councillor McLean gave notice that he would be bringing forward a Notice of Motion with respect to the implications of the HST on electricity bills. (X) CONFIRMATION BY-LAW By-law Number #7036/10 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 Special Council Meeting of. March 29, 2010. CARRIED (XI) ADJOURNMENT Moved by Councillor Dickerson Seconded by Councillor Johnson That the meeting be adjourned at 10:10 pm. CARRIED DATED this 29th day of March, 2010. C O. MAYOR YAN DEBBIE SHIELDS CITY CLERK 16