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HomeMy WebLinkAboutMay 20, 2014 Cat/ co A, Council Meeting Minutes Tuesday, May 20, 2014 7:00 PM - Council Chambers Present: Mayor Ryan Councillors: K. Ashe D. Dickerson B. McLean J. O'Connell D. Pickles P. Rodrigues Also Present: T. Prevedel - Chief Administrative Officer P. Bigioni - Director, Corporate Services & City Solicitor M. Carpino - Director, Culture & Recreation R. Holborn - Director, Engineering & Public Works T. Melymuk - Director, City Development J. Hagg - Fire Chief S. Karwowski - Division Head, Finance &Treasurer L. Harker - (Acting) City Clerk 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 Councillor McLean noted a conflict of interest with respect to By-law No. 7359/14 as he lives in the area, and did not take part in the vote. (III) Adoption of Minutes Resolution #231/14 Moved by Councillor Dickerson Seconded by Councillor Pickles In Camera Council Minutes, April 22, 2014 Council Meeting Minutes, April 22, 2014 1 Cali 00 Council Meeting Minutes _ Tuesday, May 20, 2014 lies_ei 7:00 PM - Council Chambers Planning & Development Committee Minutes, May 5, 2014 Executive Committee Minutes, May 12, 2014 Carried (IV) Delegations 1. Kyle Fitzgerald Re: Durham Youth Council Kyle Fitzgerald, Chair, Durham Youth Council, appeared before Council to provide an overview of the goals, objectives and composition of their organization. He explained their community involvement, noting they represent youth across Durham Region, with their primary objective_hosting debates on current issues, such as youth unemployment. He noted their organization is entirely non-profit, and that they are dependent upon donations in order to host and participate in events. Mr. Fitzgerald noted they are seeking representation from each municipality on their Youth Council and would appreciate support of any events being hosted in the City of Pickering, as well as notification of City hosted events. A brief question and answer period ensued. 2. Eileen Higdon Re: Veridian Governance Eileen Higdon, 852 Fairview Avenue, appeared before Council to express her concerns with respect to the lack of transparency with respect to the Veridian Corporation. She noted her concerns over the composition of the Board as well as expenditures, questioning their governance. She felt this would be the time to review Board appointments as well as governance structure, with the upcoming Municipal Elections. 3. Kim Wheatley & Bill Littlefair Re: Aboriginal Day in Esplanade Park Bill Littlefair appeared before Council to outline the activities and events being proposed for the annual Aboriginal Celebration Day. He noted they are anticipating holding this free event at the Esplanade Park on June 14th. Mr. Littlefair introduced Kim Wheatley, who entertained the audience through song. She noted this will be their 5th event, stating this is a way to celebrate their rich culture and to encourage support and raise awareness by bringing people together. 2 • Cali 00 A Council Meeting Minutes Tuesday, May 20, 2014 SiS _t X 7:00 PM - Council Chambers Through the aid of a power point presentation, Mr. Littlefair provided an overview and photos of previous events held. He also provided statistics on population growth of First Nations by area, noting Durham Region has the largest population in the Greater Toronto Area. In closing, Mr Littlefair outlined-their request, explaining-the setup for the day and- respectfully asked for Council endorsement to hold the event at the Esplanade Park, as well as services in kind to make the event financially feasible. A brief question and answer period ensued. (V) Correspondence 1. Corr. 14-14 Bill Littlefair Oshawa Community Centre 115 Grassmere Avenue Oshawa, ON L1 H 3X7 A brief discussion period ensued with staff providing clarification on questions raised. Resolution #232/14 Moved by Councillor Dickerson Seconded by Councillor McLean That Corr. 14-14 received from Bill Littlefair seeking Council approval for hosting the annual Aboriginal Celebration Day in Esplanade Park on Saturday, June 14, 2014 be endorsed. Council approved the use of the Esplanade Park and hydro at no charge, with other r requirements provided at a 50% reduction. Carried Unanimously 2. Corr. 15-14 Roger Anderson Chair, Durham Regional Police Services Board Resolution #233/14 Moved by Councillor O'Connell Seconded by Councillor Ashe That Corr. 15-14 received from Roger Anderson, Chair, Durham Regional Police Services Board seeking support for a resolution passed by the Durham Regional 3 Qui 00 Council Meeting Minutes Tuesday, May 20, 2014 7:00 PM - Council Chambers Police Services Board regarding the Marihuana for Medical Purposes Regulations be received for information. Carried Re-solutionn#-234714 Moved by Councillor O'Connell Seconded b y Councillor McLean That leave be granted to introduce a new motion for Council endorsement. Carried on 2/3 Majority Resolution # 235/14 Moved by Councillor O'Connell Seconded by Councillor McLean Whereas the federal Government introduced the Marihuana for Medical Purposes Regulations to establish a system whereby individuals would access marihuana for medical purposes from licensed producers; And whereas the Regulations provide authority for Health Canada to issue licenses to producers of marihuana according to criteria in the Regulations; And whereas the Regulations require that an applicant notify the local police authority of its application to Health Canada to produce marihuana; And whereas there exists norequirement in the Regulations or any formal mechanism for Health Canada to seek or receive input from local police authorities regarding the viability of the application; And whereas there is no requirement in the Regulations for Health Canada to advise local police authorities that a license to produce marihuana has been issued for a facility within its jurisdiction; And whereas the Regulations may impose additional workload on the police to track notifications and conduct background investigations in the absence of formal consultation by Health Canada on licence applications; And whereas the presence of a marihuana production facility in a local community raises community safety concerns; 4 Cat/ oq _- Council Meeting Minutes m �. Tuesday, May 20, 2014 .10-=.,, :Lion./.11 I[S i t4I ■ 7:00 PM - Council Chambers And whereas the views of local police should be a factor in considering whether a licence should be granted or extended; Therefore be it resolved that the Pickering Council request that the Ministry of Health implement a formal process to consult with the local police authorities prior to granting or extending-a license-to produce marihuana under the Marihuana for Medical Purposes Regulations and to advise the police authorities that a license has been issued in its jurisdiction. • And be it further resolved that this resolution be forwarded to the Big 12 Police Services Boards in Ontario, the Ontario Association of Police Services Boards, the Ontario Association of Chiefs of Police, the Association of Municipalities of Ontario, the Canadian Association of Police Governance, the Federation of Canadian Municipalities, the Canadian Association of Chiefs of Police, Durham Regional Council and local municipal councils, and local MPs and MPPs. Carried 3. Corr. 16-14 Arnold Mostert Sr. Coordinator, Landscape & Park Development Waterfront Coordinating Committee Resolution #236/14 Moved by Councillor Dickerson Seconded by Councillor Pickles That Corr. 16-14 received from Arnold Mostert, Sr. Coordinator, Landscape & Park Development, submitting the 2013 annual report and 2014 work plan on behalf of the Waterfront Coordinating Committee be received for information. Carried (VI) Committee Reports a) Report PD 2014-04 of the Planning & Development Committee 1. Director, City Development, Report PLN 09-14 Draft Plan of Subdivision SP-2013-02 Zoning By-law Amendment Application A 5/13 2364722 Ontario Inc. Part of Lot 26, Concession 1 (1915 Fairport Road) 5 Cali 4 Council Meeting Minutes Tuesday, May 20, 2014 NON_ �IK 7:00 PM - Council Chambers Council Decision 1. That Draft Plan of Subdivision Application SP-2013-02, submitted by 2364722 Ontario Inc., on lands being Part of Lot 26, Concession 1, to establish a residential plan of subdivision for 14 lots, 6 blocks to be combined with adjacent lands for future-lots, a block for Fairport-Road widening and the extension of Gablehurst Crescent, as shown on Attachment#2 to Report PLN 09-14, and the implementing conditions of approval, as set out in Appendix I, be endorsed; and 2. Further, that Zoning By-law Amendment Application.A 5/13, submitted by 2364722 Ontario Inc., to implement the Draft Plan of Subdivision SP-2013-02 be endorsed with the provisions contained in Appendix II to Report PLN 09-14, and that staff be authorized to finalize and forward the implementing Zoning By-law Amendment to Council for enactment. Resolution #237/14 Moved by Councillor O'Connell Seconded by Councillor Pickles That Report 2014-04 of the P & D meeting held on May 5, 2014, be adopted. Carried b) Report EC 2014-05 of the Executive Committee 1. Director, Culture & Recreation, Report CR 01-14 Fire Alarm Panel Upgrade for Pickering Civic Complex No. RFP-3-2014 Council Decision 1. That Report CR 01-14 of the Director, Culture & Recreation regarding the Fire Alarm Panel Upgrade for Pickering Civic Complex be received; 2. That proposal No. RFP-3-14 submitted by Vickery Electric Contracting Ltd. in the amount of$125,769.00 (HST included) be accepted; 3. That the total gross project cost of$188,484.00 (HST included), including the amount of the proposal and other associated costs, and the total net project cost of$169,736.00 (net of HST rebate), be approved; 4. That Council authorize the Division Head, Finance & Treasurer to finance the projects as follows: 6 Cilq co Council Meeting Minutes ; ; Tuesday, May 20, 2014 CO-ITE[ 7:00 PM - Council Chambers a) the sum of$169,000.00, as provided for in the 2013 Civic Complex Capital Budget be financed by the issue of debentures by the Regional Municipality of Durham over a period not to exceed five years; b) the balance amount of$736.00 to be funded from property taxes; c) the annual repayment charges in the amount of approximately $38,000.00 be included in the annual Current Budget for the City of Pickering commencing 2015, or such subsequent year in which the debentures are issued, and continuing thereafter until the debenture financing is repaid, and any financing cost to be paid out of the Current Budget; 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. 2. Director, Engineering & Public Works, Report ENG 10-14 Whitevale Bridge Replacement -Tender No. T-8-2014 Council Decision 1. That Report ENG 10-14 of the Director, Engineering & Public Works regarding the Whitevale Bridge Replacement be received; 2. That Tender No. T-8-2014 as submitted by Esposito Bros. Construction Ltd. in the total tendered amount of$2,049,712.40 (HST included) be accepted; 3. That the total gross project cost of$3,003,315.00 (HST included), including the tendered amount and other associated costs, and the total net project cost of $2,704,578.00 (net of HST rebate) be approved; 4. That Council authorize the Division Head, Finance & Treasurer to finance the net project cost in the amount of$2,704,578.00 as follows: a) The sum of$1,400,000.00 be financed by the issuance of debentures by The Regional Municipality of Durham over a period not to exceed twenty years; b) The sum of$1,100,000.00 to be funded from the Federal Gas Tax Reserve Fund as provided for in the 2012 and 2014 Roads Capital Budgets and that $104,578.00 surplus Federal Gas Tax Reserve Fund from the 2014 asphalt 7 Cali c1 Council Meeting Minutes Tuesday, May 20, 2014 7:00 PM —Council Chambers resurfacing tender project (T-7-2014) be re-allocated as additional funds to this project; c) That the sum of$100,000.00 to be funded from the Rate Stabilization Reserve as provided for in the 2014 Roads Capital Budget; d) The annual repayment charges in the amount of approximately $106,000.00 be included in the annual Current Budget commencing in 2015 or such subsequent year in which the debentures are issued and continuing thereafter until the debenture financing is repaid; 5. That the draft by-law attached to this report be enacted; and 6. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. 3. Director, Engineering & Public Works, Report ENG 11-14 Amberlea Creek Erosion Control Project -Single Source of Construction and Restoration Works Council Decision 1. That Report ENG 11-14 of the Director, Engineering & Public Works regarding the construction of the Amberlea Creek Erosion Control Project be received; 2. That Council approve the hiring of Toronto and Region Conservation Authority (TRCA) as a single source in accordance with the City's Purchasing Policy 09.03 and 09.09; 3. That the quotation as submitted by the Toronto and Region Conservation Authority (TRCA) for the construction and restoration of the Amberlea Creek Erosion Control Project in the total amount of$1,946,642.58 (HST included) be accepted; 4. That the total gross project cost of$2,335,971.00 (HST included) including the quoted amount and other associated costs and the total net project cost of $2,103,614.00 (net of HST rebate) for the construction of the Amberlea Creek Erosion Control Project be accepted; 5. That Council authorize the Division Head, Finance &Treasurer to finance the total net project cost of$2,103,614.00 as follows: 8 ca 00 it Council Meeting Minutes ..-_ n —a Tuesday, May 20, 2014 114 7:00 PM - Council Chambers a) That the debt-financing approved in the 2010 Capital Budget for this project be revised to an internal loan for the sum of$1,678,000.00 over a period not to exceed ten years; b) That the sum of$270,074.00 be funded from the Development Charges Reserve Fund:Stormwater;— — c) That the sum of$154,812.00 be funded by a contribution from the Regional Municipality of Durham; d) That the sum of$728.00 to be funded from property taxes; e) That the annual repayment charges in the approximate amount of $200,000.00 be included in the annual Current Budget for the City of Pickering commencing in 2015 and continuing thereafter until the internal loan financing is repaid; 6. That a copy of this report be forwarded to the Regional Municipality of Durham; and 7. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. 4. Director, Corporate Services & City Solicitor, Report FIN 07-14 Commodity Price Hedging Agreements Report Council Decision That Report FIN 07-14 from the Director, Corporate Services & City Solicitor regarding commodity price hedging agreements be received for information. 5. Director, Corporate Services & City Solicitor, Report FIN 09-14 Cash Position Report as at December 31, 2013 Council Decision That Report FIN 09-14 from the Division Head, Finance & Treasurer be received for information. 6. Director, Corporate Services & City Solicitor, Report FIN 10-14 Development Charges Reserve Fund – Statement of the Treasurer for the Year Ended December 31, 2013 Council Decision 9 Cry A Council Meeting Minutes I;'yg l ; Tuesday, May 20, 2014 0N-Al C 7:00 PM - Council Chambers That Report FIN 10-14 of the Director, Corporate Services & City Solicitor respecting the Development Charges Reserve Fund be received for information 7. Director, Corporate Services & City Solicitor, Report FIN 11-14 2014 Tax Rates and Final Tax Due Dates for All Realty Tax Classes Except for Commercialindustrial &Mulfi=Residential Realty Classes Council Decision 1. That Report FIN 11-14 of the Director,.Corporate Services & City Solicitor regarding the 2014 tax rates be received; 2. That the 2014 tax rates for the City of Pickering be approved as contained in Schedule A of the By-law attached hereto; 3. That the tax levy due dates for the Final Billing be June 26, 2014 and September 26, 2014 excluding the industrial, multi-residential and commercial realty tax classes; 4. That for the year 2014, the City shall levy upon designated Universities and Colleges an annual tax at the prescribed amount for each full-time student enrolled in the university or college, as determined by the Minister of Training, Colleges and Universities, payable on or after July 1St ; 5. That the attached By-law be approved; 6. That the Division Head, Finance & Treasurer be authorized to make any changes or undertake any actions necessary to comply with Provincial regulations including altering due dates or final tax rates to ensure that the property tax billing process is completed; and, 7. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Resolution #238/14 Moved by Councillor O'Connell • Seconded by Councillor Pickles That Report 2014=05 of the Executive Committee meeting held on May 12, 2014, be • adopted. Carried 10 00 ==r Council Meeting Minutes Tuesday, May 20, 2014 14'� � 7:00 PM - Council Chambers (VII) New and Unfinished Business 1. Chief Administrative Officers Report, CAO 04-14 Eurasian Water-Milfoil Weed — Frenchman's Bay Discussion ensued with clarification being provided on the revisions to the recommendation. Staff were requested to look into who the approval authority would be with respect to the use of herbicides in the Bay. Resolution #239/14 Moved by Councillor O'Connell Seconded by Councillor Pickles 1. That Report CAO 04-14 of the Chief Administrative Officer regarding Eurasian Water-Milfoil Weed — Frenchman's Bay be received; 2. That staff be directed to provide Allies of the Frenchman's Bay Association with funding for Eurasian Water-Milfoil Weed control in the form of a grant to a . for 2014 which is to be used sole) maximum of$21,875 fo solely for the introduction of milfoil weevils; 3. That the Allies of the Frenchman's Bay Association be required to provide evidence that the City funding was directed solely for the purposes of introducing weevils for the control of the Eurasian Water-Milfoil weed; and 4. That staff report back to Council annually regarding the status of the milfoil weed presence in Frenchman's Bay. Carried 2. Director, Corporate Services & City Solicitor, Report CLK 04-14 City Policies - City Hiring Policy - City Community Grant Policy City Protocol Policy Resolution #240/14 Moved by Councillor O'Connell Seconded by Councillor Pickles 11 • City co Council Meeting Minutes _ = Tuesday, May 20, 2014 iV C% tit1[ 7:00 PM - Council Chambers 1. That Council approve the Hiring Policy, amended as set out in Attachment 1, in order to comply with the requirements of the Accessibility for Ontarians with Disabilities Act, 2005, and the Ontario Human Rights Code, and to implement minor housekeeping updates; 2: That Council approve-the Community Grant Policy,as set out in Aftachmer►t 2, in order to provide consistent processes for grant requests; and 3. That Council approve the Protocol Policy, as set out in Attachment 3, in order to provide a Policy statement for Procedures and Standard Operating Procedures. Carried (VIII) By-laws 7355/14 Being a by-law to authorize the Whitevale Bridge.Replacement project in the City of Pickering and the issuance of debentures in the amount of $1,400,000. 7356/14 Being a by-law to authorize the Fire Alarm Panel Upgrade for Pickering Civic Complex in the City of Pickering and the issuance of debentures in the amount of$169,000. 7357/14 Being a by-law to establish that part of Block M, Plan M-1057, designated as Part 1, 40R-28283, as public highway. 7358/14 Being a by-law to adopt the estimates of all sums required to be raised by taxation for the year 2014 and to establish the Tax Rates necessary to raise such sums and establish the final due dates for the residential, • pipeline, farm and managed forest realty tax classes. 7360/14 Being a by-law to provide for early voting and reduced hours of voting in institutions and retirement homes on advance voting days. Resolution #241/14 Moved by Councillor O'Connell Seconded by Councillor Dickerson That By-law Nos.7355/14 through 7360/14 be approved, save and except By-law No. 7359/14. Carried 12 Cali o1 Council Meeting Minutes Tuesday, May 20, 2014 1[St1 t a-K 7:00 PM - Council Chambers Resolution #242/14 Moved by Councillor O'Connell Seconded by Councillor Dickerson 7359/14 Being a by=law to establish that part of Lot 105, RCP 1051,designated as Part 1, 40R-28105, as public highway. Carried • (IX) 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 #243/14 • Moved by Councillor McLean Seconded by Councillor Rodrigues That Council move In Camera in that the matters to be discussed relate to labour relations or employee negotiations. Carried A confidential verbal update was presented to Council by the Division Head, Human Resources. A question and answer period ensued on this matter. Refer to the In Camera minutes for further information. [City Clerk has custody and control of the In Camera minutes]. Resolution #244/14 Moved by Councillor Pickles Seconded by Councillor O'Connell That the Memorandum of Settlement with attached Letter of Intent between Pickering Professional Firefighters Association and the City of Pickering, be approved. Carried Unanimously On a Recorded Vote 13 a1 _ Council Meeting Minutes Tuesday, May 20, 2014 IiSi fe[ 7:00 PM - Council Chambers (X) Other Business 1. Councillor Rodrigues gave notice that he would be bringing forward Notice of Motions with respect to; a) Electronic voting for Pickering Council; b) Reconsideration of previous Council decision regarding all-way stop signs at Acorn Lane and Old Brock Road; and c) The Ontario Municipal Board. 2. Councillor Ashe requested staff to look into St. Marguerite School property to determine who the purchaser was, any conditions attached to the sale of the property, and what the purchase price was. (XI) Confirmation By-law By-law Number#7361/14 Councillor O'Connell seconded by Councillor Dickerson moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of May 20, 2014. (XII) Adjournment Moved by Councillor O'Connell Seconded by Councillor Pickles That the meeting be adjourned at 8:00 pm. Carried Dated this 20th day of May, 2014. Mayor • Lisa Harker (Acting) City Clerk • 14