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HomeMy WebLinkAboutJune 18, 2012 • City a 1 Council Meeting Minutes Monday, June 18, 2012 MISA41ZE 7:30 PM Council Chambers Present: Mayor David Ryan Councillors: K. Ashe D. Dickerson B. McLean J. O'Connell D. Pickles P. Rodrigues Also Present: T. Prevedel - Chief Administrative Officer E. Bunstma - Director, Community Services G. Paterson - Director, Corporate Services & Treasurer N. Carroll - Director, Planning & Development T. Melymuk - Director, Office of Sustainability B. Douglas - Fire Chief P. Bigioni - City Solicitor, (Acting) City Clerk M. Carpino - Manager, Culture & Recreation K. Bentley - Chief Building Official L. Roberts —Committee Coordinator (I) 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 # 78/12 Moved by Councillor Dickerson Seconded by Councillor Pickles In Camera Council Minutes, May 22, 2012 1 Cal 00 Council Meeting Minutes ;u= i �— Monday, June 18, 2012 01-MI 7:30 PM Council Chambers Council Minutes, May 22, 2012 Planning & Development Committee Minutes, June 4, 2012 Executive Committee Minutes, June 11,2012 Carried (IV) Presentations Presentation of Certificates Adopt A Park Devi Mandir— Peak Trail Open Space John McLellan Contracting —Alderwood Park Michelle Pearce, Coordinator, Environmental Awareness Programs, outlined the Adopt a Park Program. Mayor Ryan, Councillor Dickerson and Councillor McLean presented the groups with certificates as well as new park signs in appreciation of their support and commitment of the adopt a park program. (V) Delegations Election Campaign Contribution Rebate Program, 1. Eileen Higdon appeared before Council with respect to the creation of a contribution rebate program for residents who have made contributions to candidates for office in the City of Pickering. She explained this would give the next generation of candidates a level playing field and possibly generate more involvement from residents at election time. Ms. Higdon explained that the City of Toronto has such a program in place and suggested the City of Pickering begin research into the creation of a by-law for this program. A question and answer period ensued. 2. Notice of Motion —Amendment to Procedural By-law Pasquale Malandrino appeared before Council in support of the Notice of Motion to amend the Procedural By-law. He noted that if approved, this would provide better transparency and integrity for Council. He also stated this would set the tone for other municipalities to follow and have a great impact on residents by restoring confidence and trust. 2 • City a0 Council Meeting Minutes Monday, June 18, 2012 S1E1J[ 7:30 PM Council Chambers A question and answer period ensued. (VI) Committee Reports a) Report PD 06-2012 of the Executive Committee 1. Director, Planning & Development, Report PD 12-12 Downtown Pickering Intensification Study Status Report (Part of the Pickering Official Plan Review) Council Decision That Report PD 12-12 of the Director, Planning & Development respecting the status of the Downtown Pickering Intensification Study be received. 2. Chief Administrative Officer's Report, CAO 09-12 Sydney Beare Limited, Plan of Subdivision 40M-2167 -Final Assumption of Plan of Subdivision Council Decision 1. That Sandtrap Court within Plan 40M-2167 be assumed for public use; 2. That the works and services required by the Subdivision Agreement within Plan 40M-2167, 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 10, 11, 12 and 13; and 3. That the Subdivision Agreement and any amendments thereto relating to Plan 40M-2167 be released and removed from title. Resolution #79/12 Moved by Councillor Dickerson Seconded by Councillor Pickles That Report PD 06-2012 of the Planning & Development Committee dated June 4, 2012, be adopted. Carried 3 CAN �� Council Meeting Minutes. Monday, June 18, 2012 P 1-1410-1 7:30 PM Council Chambers 1. Director, Corporate Services & Treasurer, Report CST 18-12 -- 2011 Year End Audit Council Decision 1. That Report CST 18-12 of the Director, Corporate Services & Treasurer be received; 2. That the Year-end Communication Report as submitted by Deloitte & Touche LLP be received for information; and, 3. That the 2011 draft Audited Consolidated Financial Statements for the City of Pickering be approved. 2. Director, Community Services, Report CS 17-12 • Tender No. T-10-2012 -Tender for East Shore Community Centre Parking Lot Improvements Council Decision 1. That Report CS 17-12 of the Director, Community Services regarding Tender No. T-10-2012 for the East Shore Community Centre Parking Lot Improvements be received; 2. That the proposed works under Tender No. T-10-2012 is to include East Shore Community Centre-west side, parking lot reconstruction and drainage improvements; 3. That Tender No. T-10-2012 submitted by Wyndale Paving Company Limited in the total tendered amount of$217,700.83 (HST included) and a net cost of $196,046.34 be accepted; 4. That the total gross project cost of$244,821 (HST included) and a net project cost of$220,469 (net of HST rebate) including the total tendered amount and other associated costs be approved; 5. That Council authorize the Director, Corporate Services & Treasurer to finance the project as follows: a) the sum of$200,000 as provided for in the 2012 Capital Budget be increased to $220,000 and be financed through the issuance of debentures by the Regional Municipality of Durham for a period not to exceed five years, at a rate to be determined; 4 Ca,/ Council Meeting Minutes ,:fs,:tAgra , , 4 Monday, June 18, 2012 KO ZIA Mai 7:30 PM Council Chambers b) the balance sum of $469 be funded from property taxes; c) that the annual repayment charges in the amount of approximately $47,350 be included in the annual Current Budget for the City of Pickering commencing in 2013, continuing thereafter until the loan is repaid,_and any financing cost to be paid out of the Current Budget; 6. That the draft by-law attached to this report be enacted; and 7. Further that the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. 5. Director, Community Services, Report CS 23-12 No Parking By-law, Sandstone Manor -Amendment to By-law 6604/05 Council Decision 1. That Report CS 23-12 of the Director, Community Services regarding the installation of No Parking Zones on Sandstone Manor, and a proposed amendment to the municipal traffic and parking by-law 6604/05 be received; and 2. Further that the attached draft by-law be enacted to amend Schedule "2" to By- law 6604/05 to provide for the regulation of parking on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering, specifically to address parking concerns on Sandstone Manor. 7. Director, Community Services, Report CS 27-12 Supply & Delivery of one 41,000 LB. GVW Dump Truck -Quotation No. Q-13-2012 Council Decision 1. That Report CS 27-12 of the Director, Community Services regarding the supply and delivery of one 41,000 LB. GVW Dump Truck be received; 2. That Quotation No. Q-13-2012, as submitted by Scarborough Truck Centre Inc. for the supply and delivery of one 41,000 LB. GVW Dump Truck in the.amount of $187,758 (HST extra) be accepted; 3. That the total gross purchase cost of$213,297 and a net purchase cost of $192,081 be approved; 5 Ctrs Council Meeting Minutes Monday, June 18, 2012 to starer 7:30 PM Council Chambers 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project as follows as provided for in the 2012 Capital Budget; a) the sum of$190,000 be financed by the issue of debentures through the Regional Municipality of Durham for a period not exceeding five years, at a rate to be determined; b) that the balance of$2,081 plus issuing costs be funded from property taxes; 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 2013 and continuing thereafter until the loan is repaid; d) 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; and 6. Further that the appropriate City of Pickering Officials be authorized to take necessary action to give effect. 8. Director, Corporate Services & Treasurer, Report CST 17-12 Development Charges —Annual Indexing Council Decision 1. That Report CST 17-12 of the Director, Corporate Services & Treasurer be received; 2. That effective July 1, 2012 as provided for in Section 16 of By-law 6978/09, the Development Charges referred to in Sections 6 and 11 of that By-law be increased by 3.3 percent; and, 3. That the appropriate officials of the City of Pickering be given authority to give effect thereto. 9. Director, Corporate Services & Treasurer, Report CST 19-12 2012/2013 Property and Liability Insurance Renewal Council Decision 6 Citqa4 Council Meeting Minutes 1-1 = Monday, June 18, 2012 SI ZNIZE 7:30 PM Council Chambers 1. That Report CST 19-12 of the Director, Corporate Services & Treasurer be received; 2. That the City of Pickering renew its property, liability and other insurance policies through the Frank Cowan Company for the period July 1, 2012 to June 30, 2013 in the amount of$790,690.92 (includes applicable taxes) and inclusive on terms and conditions acceptable to the Director, Corporate Services & Treasurer; 3. That L.V. Walker & Associates be confirmed as the City's Adjuster of Record for property, liability and other insurance and related matters; 4. That the Director, Corporate Services & Treasurer, as part of the Risk Management Program, be authorized to continue the Deductible Program, • including entering into the attached Claims Handling Agreement, through the Insurance Adjuster L.V. Walker & Associates, and the Frank Cowan Company and further, that the Director, Corporate Services & Treasurer or the Manager, Finance & Taxation be authorized to settle any claims including any adjusting and legal fees where it is in the City's interest to do so; 5. That the Director, Corporate Services & Treasurer be authorized to purchase additional insurance, make changes to deductibles and existing coverages, and alter terms and conditions as becomes desirable or necessary in order to limit potential liability exposure and to protect the assets of the City and it's elected officials and staff; and, 6. That the appropriate officials be authorized to take the necessary actions to give effect thereto. Resolution #80/12 Moved by Councillor Pickles Seconded by Councillor Dickerson That Report EC 06-2012 of the Executive Committee dated June 11, 2012, save and except Item Nos. 3, 4 and 6 be adopted. Carried 3. Director, Community Services, Report CS 20-12 Urban Forest Study A brief discussion period ensued regarding the location of the study area. 7 Cm/ Council Meeting Minutes � Monday, June 18, 2012 1.34NI t 7:30 PM Council Chambers Resolution #81/12 . Moved by Councillor Pickles .Seconded by Councillor Dickerson • 1. That Report CS 20-12 of the Director, Community Services regarding the Urban Forest Study be received; 2. That the City of Pickering Urban Forest.Study—Technical Report, be received by Council for information; 3. That City staff be authorized to commence the preparation of a request for proposals, and investigate costs related to consulting services for the,preparation - of a city-wide Urban Forest Management Plan; 4. That staff be directed to include a request for funding in the 2013 Current Budget for the purpose of retaining a consultant to assist in the preparation of a city-wide . Urban Forest Management Plan; and 5. Further that a copy of this report be forwarded to the Toronto and Region Conservation Authority for their information. . • Carried 4. Director, Community Services, Report CS 21-12 Amberlea Creek Erosion Control Environmental Assessment A brief discussion period ensued with staff responding to questions regarding project and report timelines . Resolution #82/12 Moved by Councillor Pickles . Seconded by Councillor Dickerson 1. That Report CS 21-12 of the Director, Community Services, regarding the Amberlea Creek Erosion Control Environmental Assessment be received; 2. That the Toronto and Region Conservation Authority.be authorized to assume a • leadership role in the partnership with the City of Pickering to undertake the project; • 8 Ca,/ ,k; Council Meeting Minutes Monday, June 18, 2012 TKO 1 Nara 7:30 PM Council Chambers 3. That the proposal from Toronto and Region Conservation Authority for services related to the Amberlea Creek Erosion Control Environmental Assessment, in a gross amount of $532,334 and a net project cost of $479,383 including net HST, disbursements, and a 15% contingency be approved; 4. That the Director, Corporate Services & Treasurer be authorized to fund the above mentioned project through a transfer from: a) the Development Charges Reserve Fund — Stormwater in the amount of $57,526; b) the DC-City's Share Reserve in the amount of$421,857; 5. That a report be presented to Council upon completion of the Class Environmental Assessment; and, 6. Further that appropriate City of Pickering staff be authorized to enter into any agreements to give effect hereto. Carried 6. Director, Community Services, Report CS 24-12 Tender No. T-17-2012 -Tender for School Crossing Guard Program Discussion ensued with staff responding to questions regarding what mechanisms were in place to handle safety concerns. Resolution #83/12 Moved by Councillor Pickles Seconded by Councillor. Dickerson 1. That Report CS 24-12 of the Director, Community Services regarding Tender T- 17-2012 for the administration, supply and service of the School Crossing Guard Program be received; 2. That Tender No. T-17-2012 submitted by Staffing Services in the total tendered amount of$1,356,000 (HST included) with a net project cost of$1,221,120 be approved for the three year period from September 2012 to June 2015, subject to the annual review and extension to the contract by the Manager, Supply & Services; 9 • City 4 A Council Meeting Minutes _�� Monday, June 18, 2012 _ Mh • 7:30 PM Council Chambers 3. Further that the appropriate City of Pickering officials be authorized to take . necessary action to give effect hereto. Carried (VII) New and Unfinished Business 1: Director, Community Services, Report CS 28-12 • Tender No. T-15-2012 -Tender for Renovations and Expanded Washroom Facilities to the Seniors Activity Center at East Shore Community Centre A brief discussion period ensued with regards to accessibility. Resolution #84/12 Moved by Councillor O'Connell Seconded by Councillor Pickles 1. That Report CS 28-12 of the Director, Community Services regarding Tender No. T-15-2012 for the Renovations and Expanded Washroom Facilities to the Seniors • Activity Centre at East Shore Community Centre be received; 2. That Tender No. T-15-2012 submitted by Joe Pace & Sons Contracting Inc. in • the amount of$223,740 (HST included) and a net cost of$201,484.80 be accepted; 3. That the total gross project cost of$271,878.00 (HST included) and a net project cost of $244,835 (net of HST rebate), including the tender amount and other associated costs, be approved; • - 4. That Council authorize the Director, Corporate Services & Treasurer to finance • the projects as follows: a) the sum of$200,000, as provided for in the 2012 Seniors Citizens Centre Capital Budget be increased to $240,000 and be financed by the issue of . debentures by the Regional Municipality of Durham over a period not to . exceed five years at a rate to be determined; b) the balance amount of$4,835 to be funded from property taxes; c) the annual repayment charges in the amount of approximately $51,600 be included in the annual Current Budget for the City of Pickering commencing 10 Cat/ a1 Council Meeting Minutes _ 411 , Monday, June 18, 2012 6-cem�ti 7:30 PM Council Chambers 2013, 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 be authorized to take any actions necessary in order to give effect to the foregoing; and 5. That the draft by-law attached to this report be enacted; and 6. That the appropriate City of Pickering officials be authorized to take necessary action to give effect hereto. Carried 2. Director, Planning & Development, Report PD 13-12 Potential Long Term Lease Program for Heritage Listed Properties on Federal Lands A detailed discussion ensued with concerns raised regarding the structures being moved out of the City of Pickering and the lack of time for the public to review this report. Concerns were also noted with respect to the responsibility of the Federal Government to maintain these structures. It was noted that the City of Brampton currently has a policy in place to prevent homes from being derelict and it was suggested staff look into this. It was also questioned whether any other alternatives existed for these buildings as well as the possibility of requesting a further extension from Transport Canada. Discussion also ensued on the costs involved for security and insurance with retaining the structures in their current location. Staff noted the significant restoration costs involved should the City of Pickering pursue the restoration of these buildings. It was further questioned what the position of the local Members of Parliament were , and whether they had responded to correspondence sent from the City of Pickering on this matter. Resolution #85/12 Moved by Councillor Dickerson Seconded by Councillor Ashe 1. That Report PD 13-12 of the Director, Planning & Development dated June 18, 2012 entitled "Potential Long Term Lease Program for Heritage Listed Properties on Federal Lands" be received; 11 City 00 45 Council Meeting Minutes Monday, June 18, 2012 a c� er 7:30 PM Council Chambers 2. That Transport Canada be advised that the City intends to assume ownership of the "Craftsman Cottage" building, located at 3570 Brock Road, and to relocate this building to the Pickering Museum Village; 3. That Council authorize the extension of the current lease agreement with Transport Canada respecting 3570 Brock Road to December 31, 2012, to provide sufficient time to facilitate the relocation of the structure to the Pickering Museum; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the relocation costs for the movement of the above-grade structure at 3570 Brock Road to the administrative area of the Pickering Museum and the cost for the construction of concrete foundations at the Pickering Museum to support the relocated building structure, at an estimated cost of$55,000 and other related costs of$9,600 as indicated in this report. 5. That the Federal Minister of Transport, Infrastructure and Communities be requested to allow the City to retrieve elements of heritage value from 1607 Highway 7, 3656 Brougham Road, 3970 Brock Road, and 5460 Sideline 30 prior to demolition; 6. That Council authorize City staff to engage directly with individuals who have expressed an interest in the private acquisition of the heritage-listed buildings at 4355 Brock Road and 5460 Sideline 30 for relocation to private lands and, should arrangements satisfactory to the City be made, that Council authorize staff to extend the existing lease agreement with Transport Canada respecting these buildings to December 31, 2012, to provide sufficient time to accommodate the building relocation; and 7. Further, that the appropriate City of Pickering officials be authorized to take the necessary action to give effect thereto. Carried as Amended later in the meeting (Refer to following Motion) Resolution #86/12 Moved by Councillor Rodrigues Seconded by Councillor O'Connell That the main motion be amended to read as follows; 1. That Report PD 13-12 be received for information; and 12 City o0 Council Meeting Minutes bT t 1,1 Monday, June 18, 2012 Lk. 7:30 PM Council Chambers 2. That the City defer any action regarding the six heritage properties under this program for a period of three months to allow staff to pursue further discussions with Transport Canada. Carried as amended on a Recorded Vote as Follows Yes No Councillor McLean Councillor Ashe Councillor O'Connell Councillor Dickerson. Councillor Pickles Mayor Ryan Councillor Rodrigues (VIII) Notice of Motion Amendment to Procedural By-law Discussion ensued with numerous questions being raised which were addressed by the City Solicitor and staff. Resolution #87/12 Moved by Councillor McLean Seconded by Councillor O'Connell To amend the Procedural By-law (7212/12) to add the following provision: "9.5 In the event that a Member is charged or legal proceedings are commenced, with: (i) an offence under s. 89, 90 or 92(5) of the Municipal Elections Act, 1996, or (ii) an offence under the Criminal Code (Canada) in connection with an act or omission that relates to a municipal election, then Council may, with the support of a majority of Members present, suspend the appointment of such Member from any Advisory Committee and from any external agency, board or commission (including Veridian Corporation and The Toronto and Region Conservation Authority). Such suspension shall be for such duration as Council deems fit, provided that if the Member is acquitted, the suspension shall terminate no later than the date on which all prosecution proceedings described above have been concluded and all rights of appeal in respect thereof have been exhausted." Motion Defeated on a Recorded Vote as Follows 13 • City 4 Council Meeting Minutes Monday, June 18, 2012 7:30 PM Council Chambers • Yes No Councillor McLean Councillor Ashe Councillor O'Connell Councillor Dickerson Councillor Rodrigues . Councillor Pickles Mayor Ryan . (IX) By-laws Resolution #88/12 Moved by Councillor Dickerson Seconded by Councillor Pickles That leave be granted to introduce By-law Nos. 7220/12 through 7226/12; 7220/12 Being a by-law to authorize the East Shore Community Centre-West Side, • Parking Lot Reconstruction and Drainage Improvements project in the City of Pickering and the issuance of debentures in the amount of$220,000. 7221/12- Being a-by-law to amend By-law 6604/05 providing for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property 7222/12 Being a by-law to authorize the supply and delivery of one 41,000.LB. GVW Dump Truck in the City of Pickering and the issuance of debentures in the amount of$190,000. 7224/12 Being a by-law to dedicate Blocks 31 and 32, Plan 40M-2470, Pickering, as public highway. 7225/12. Being a by-law to authorize the Renovations and Expanded Washroom Facilities to the Seniors Activity Centre at East Shore Community Centre in the City of Pickering and the issuance of debentures in the amount of$240,000. That said by-laws be approved, save and except By-law Nos. 7223/12 and 7226/12. • Carried Discussion ensued with staff providing clarification. Resolution #89/12 14 Ca,/ 00 Council Meeting Minutes - ,- Monday, June 18, 2012 S E1_��t 7:30 PM Council Chambers Moved by Councillor Dickerson Seconded by Councillor Pickles 7223/12 Being a by-law to dedicate those parts of Lot 18, Concession 3, designated as Parts 1, 5, 7, 9, 11 and 13, Plan 40R-26332 and Block 145, Plan 40M-2437 as public highway. Carried Resolution #90/12 Moved by Councillor Dickerson Seconded by Councillor Pickles 7226/12 Being a by-law to dedicate Block 9, Plan 40M-1457, Pickering, as public highway. Carried (X) Confidential Matters In accordance with Procedural By-law 7212/12 and,the provisions of the Municipal Act, an In Camera meeting of Council was held prior to the regularly scheduled meeting. Resolution #91/12 Moved by Councillor Dickerson Seconded by Councillor O'Connell That Council move In Camera in accordance with the provisions of the Municipal Act and Procedural By-law 7212/12, in that the matters to be discussed relate to solicitor- client privilege and the proposed or pending acquisition or disposition of land. Carried a) Verbal Update by City Solicitor Draft Plan of Subdivision Application SP-2011-01 Draft Plan of Condominium Application CP-2011-01 Zoning By-law Amendment Application A 3/11 Emery Homes Glendale Ltd. 1880, 1876, 1872 Liverpool Road and 1863, 1865, 1871, 1875, 1877 & 1881 Glendale Drive (Lot 19, 20, 21, 33, 34, 35, 36, 37 & 38, Plan 492), City of Pickering 15 • City fi Council Meeting Minutes af ' ' =F Monday, June 18, 2012 iIG 7:30 PM Council Chambers b) Confidential Report CAO 12-12 Road Closing -Conveyance of Land -Road Allowance between Lots 30 and 31, Range 3, BFC, being Part 1, Plan 40R- 27441 and Part of Rosebank Road within Highway 401 Corridor Resolution # 92/12 Moved by Councillor Dickerson Seconded by Councillor O'Connell That the recommendations of staff considered at the Closed Meeting of Council be approved. Carried Refer to the In Camera minutes for further information. [City Clerk has custody and control of the In Camera minutes.] (XI) Other Business The Chief Administrative Officer was requested to act on the following; a) Councillor.McLean asked staff to follow up with the City of Brampton with respect to the implementation of strategies respecting the Federal Government's responsibility • to maintain vacant heritage properties. b) Councillor O'Connell asked what communication has taken place with local MP's in regards to the heritage structures in question, what correspondence has been sent to them by the City of Pickering and what, if any, responses were received. She also asked whether or not Council had previously directed staff to contact the local MP's regarding the preservation of heritage structures. c) Councillor O'Connell asked the CAO for an update on the Whitby Harbour dredging and on Whitby's responsibility for it. She noted that Whitby had refused ownership of the harbor. (XII) Confirmation By-law By-law Number#7227/12 Councillor Dickerson, seconded by Councillor Pickles 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 18, 2012. 16 Cit,r 04 Council Meeting Minutes Monday, June 18, 2012 ��� WE 7:30 PM Council Chambers (XIII) Adjournment Moved by Councillor O'Connell Seconded by Councillor McLean That the meeting be adjourned at 9:55 pm. Carried • Dated this 18th day of June, 2012 - 41■111111■ MaYOrtrairan Paul Bigi• (Acting) c ity le 17