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Home My WebLink AboutOctober 26, 2015Council Meeting Minutes Monday, October 26, 2015 7:00 PM - Council Chambers Present: Deputy Mayor McLean Councillors: K. Ashe I. Cumming R. Johnson D. Pickles Absent: Mayor Ryan — City Business Also Present: T. Prevedel - Chief Administrative Officer P. Bigioni - Director, Corporate Services & City Solicitor M. Carpino - Director, Culture & Recreation J. Hagg - Fire Chief R. Holborn - Director, Engineering & Public Works T..Melymuk - Director, City Development S. Karwowski - Division Head, Finance & Treasurer D.-Shields - City Clerk L. Harker - Deputy Clerk (I) Invocation Deputy. Mayor McLean called the meeting to order and led Council in the saying of the Invocation. (II) Disclosure of Interest No disclosures of interest were noted. (111) Adoption of Minutes Resolution #85/15 Moved by Councillor Johnson Seconded by Councillor Cumming Council Meeting Minutes, September 21, 2015 Executive Committee Minutes, October 5, 2015 1 Council Meeting Minutes Monday, October 26, 2015 7:00 PM - Councils Chambers Planning & Development Committee Minutes, October.5, 2015 Carried (IV) Presentations 1.. Royal Canadian Legion Branch 606 — Remembrance Day Poppy Kick Off Campaign Myrna Picotte, Royal Canadian Legion Branch 606, and Gil Barrett, President, Royal Canadian Legion. Branch 606, appeared before Council to kick off their annual poppy campaign. The Deputy Mayor, Councillors, MP Elect Jennifer O'Connell, MPP Tracy MacCharles, Fire Chief John Hagg, and Tracy Patterson, Rouge Valley Health System, were invited to come forward for the poppy fitting ceremony. Deputy Mayor McLean was presented with the official poppy flag to fly at City Hall during the campaign. 2. Pickering Food Truck Festival and Sick Kids Hospital Cheque Presentation Deputy Mayor McLean provided an overview of the Pickering Food Truck Festival history, and detailed their fundraising successes. Ben Freeman, Executive Director of Canadian Food Truck Festivals presented a cheque in the amount of $25,000 to Sick Kids Hospital Foundation and thanked the Deputy Mayor and Council. Connie Bleaker, Sick Kids Hospital Foundation, thanked the Pickering Food Truck Festival and the City of Pickering for all of their support. M Delegations 1. Jennifer O'Connell MP Elect, Pickering -Uxbridge Jennifer O'Connell, MP Elect, Pickering -Uxbridge, appeared before Council to thank the City and its' residents for all of their support over the last 10 years. She also thanked Council and staff for all of their support. MP Elect O'Connell stated that she looks forward to continuing her relationship with the City of Pickering, and will ensure that what they are focused on in Ottawa, is what communities really want and need. Deputy Mayor McLean and Council congratulated Jennifer O'Connell on her election and wished her all the best. 2. John Sabean, Chair, Pickering Library Board Annual Presentation to Council 2 3 M Council Meeting Minutes Monday, October 26, 2015 7:00 PM - Council Chambers John Sabean, Chair, Pickering Library Board, appeared before Council to provide the Library Board's Annual Presentation to Council. Mr. Sabean shared the Library's use statistics, school programs, lifelong learning and early literacy programs, and equal access to technology programs. Mr. Sabean noted the Library's Priority for an expanded central library, and that the key drivers for this project are space deficits, facility deficits, and service enhancements. Brian Laundry, Senior Director Central East Local Health Integration Network (LHIN) Brian Laundry; Senior Director; Local Health Integration Network (LHIN), appeared before Council to provide an update on health care activities and integrated health services plan for 2016-2019. Mr. Laundry detailed the role of the LHIN and what they . have been doing to improve delivery of health care over the last 3 years. Mr. Laundry also noted priorities and areas of focus, and how LHIN will be supporting residents to live healthier in their homes and communities. A brief question and answer period ensued. Peter Rodrigues Re: Corr. 21-15 Peter Rodrigues, 750 Whitevale Road, Pickering, appeared before Council regarding the vacancy on Pickering Council. He stated that he believed this vacant position does not need to be filled by appointment and that there is no good justification to appoint a replacement. Mr. Rodrigues noted that a by-election would be the most democratic process to fill this vacant position. (VI) Correspondence 1. Corr.19-15 Nicole Wellsbury, Deputy Clerk Town of Ajax Resolution #86/15 Moved by Councillor Ashe Seconded by Councillor Johnson Correspondence received from Nicole Wellsbury, Deputy Clerk, Town of Ajax, seeking Council endorsement of a resolution passed on September 14, 2015 regarding the creation of a National Phammacare Program, be received for information. Carried 3 �-;-f MWIRAi 2. Corr.20-15 Lorraine Billings Legislative Services Associate Town of Ajax Resolution #87/15 Moved by Councillor Ashe Seconded by Councillor Pickles Council Meeting Minutes Monday, October 26, 2015 700 PM = Council Chambers That Corr. 20-15 received from Lorraine Billings, Legislative Services Associate, Town of Ajax seeking Council endorsement of a resolution passed on September 14, 2015 regarding donations to Lifeline Syria, be received for information. Carried 3. Corr. 21-15 Jennifer O'Connell MP Elect, Pickering -Uxbridge Re: Letter of Resignation Resolution #88/15 Moved by Councillor Pickles Seconded by Councillor Johnson Correspondence received from Jennifer O'Connell, submitting her resignation as Ward One, Regional Councillor for the City of Pickering. Council declared the Ward One, Regional Councillor Seat, vacant. Carried (VII) Committee Reports Executive Committee Reports Director, Engineering & Public Works, Report PW 03-15 Quotation.No. Q-26-2015 -Quotation for the Supply and Delivery of Two - One Ton Dump Trucks Council Decision L! Council Meeting Minutes Monday, October 26, 2015 7:00 PM - Council Chambers 1.- That Report PW 03-15 of the Director, Engineering & Public Works regarding Quotation No. Q-26-2015 for the Supply and Delivery of One New Latest Model Year, One Ton Truck with Standard Cab and Genesis Landscape 12' Aluminum Dump Body (or equivalent) and One New Latest Model Year, One Ton Truck with Standard Cab and Everest "LSD" Side Dump Spreader (or equivalent) be received; 2. That Quotation No. Q-26-2015, submitted by Maclver Dodge Jeep for Two — One Ton Dump Trucks in the total amount of $140,935.00 (HST extra) be accepted; 3. That the total gross project cost of $159,935.00 (HST included) and the total net .project cost. of $144,026.00 (net of HST rebate) be approved; 4. That the Division Head, Finance & Treasurer be authorized to finance the total net project cost of $144,026.00 by a transfer from the Vehicle Replacement Reserve; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. 2. Director, Corporate Services & City Solicitor, Report FIN 23-15 Tender/Contract Approval -Approvals During Council Recess 2015 Council Decision 1. That Council pass a resolution ratifying the approval of the Tenders and - Contracts by the Chief Administrative Officer during Council's recess being: RFP-4-2015, Consulting Services for Structure Repairs & Associated Works — Palmer Bridge; Tender No. T-14-2015, Asphalt and Concrete Repairs; Quotation No. Q-19-2015, Supply and Delivery of Two Sidewalk Tractors; Quotation No. Q- 38-2015, Phase 1 Tree Canopy Replacement —Tree Removal Services, Supply, Delivery and Planting -of Trees; 2. That Council authorize the Division Head, Finance & Treasurer to:change the financing allocation for the Multi -Purpose Sidewalk Tractor Account 5311.1504.6178 to Development Charges City's Share Reserve ($11,623) and Development Charges Reserve Fund — Operations Services ($104,605); and, 3. That the appropriate staff of the City of Pickering be given authority to take the necessary actions to give effect thereto. Resolution #89/15 5 °o Council Meeting Minutes Monday, October 26, 2015 7:00 PM - Council Chambers Moved by Councillor Pickles Seconded by Councillor Johnson That Report 2015-10 of the Executive Committee meeting held on October 5, 2015, be adopted. Carried Planning & Development Reports 1. Director, City Development, Report PLN 12-15 Zoning By-law Amendment Application A 9/15 Kingsett Brookdale Centre Inc. Concession 1,-Part Lots 23 and 24, 40R-25448 Parts 1, 2, 4 to 37, 44 to 47 and Parts 3 and 38, 40R-6862 Parts 2 and 3, and 40R-10821 Part 1 except 40R-25266 Parts 1 to 6 (1105 Kingston Road) Council Decision That Zoning By-law Amendment Application A 9/15, submitted by Kingsett Brookdale Centre Inc., to remove the floor area restriction for a food store use and to permit a seasonal outdoor garden centre accessory to a food store use on lands being Concession 1, Part Lots 23 and 24, 40R-25448 Parts 1, 2, 4 to 37, 44 to 47 and Parts 3 and 38, 40R-6862 Parts 2 and 3, and 40R-10821 Part 1 except 40R-25266 Parts 1 to 6, be approved, and that the draft Zoning By-law Amendment as set.out in Appendix I to Report PLN 12-15 be forwarded to Council for enactment. 2. Director, City Development, Report PLN 13-15 Conservation Authorities Act Review Discussion Paper Comments on existing legislative, regulatory and policy framework for Conservation Authorities Council Decision That the comments contained in Report PLN 13-15 with respect to the Conservation Authorities Act (CA Act) Review Discussion Paper (Environmental Registry posting 012-4509, dated July 20, 2015) be endorsed, and that the Ministry of Natural Resources and Forestry be requested to: a) reinforce its role as the "one -window" Ministry for providing a consistent approach and establishing minimum service levels for all conservation authorities in Ontario; 1.1 Qfy Council Meeting Minutes Monday, October 26, 2015 PICKE I I 7:00 PM'- Council Chambers b) establish an integrated approach to watershed management by consolidating legislation that affects conservation authorities, and by clearly defining and articulating the responsibilities of conservation authorities in relation to those of municipalities; and c) increase transfer payments to address inequity in funding between .conservation authorities, and to reflect the Province's role as an important partner in integrated watershed management; and 2. . Further, that a copy of Report PLN 13-15 and .Pickering Council's resolution on the matter, be forwarded to the Region of Durham, other Durham Area Municipalities, the Toronto and Region Conservation Authority, the Central Lake Ontario Conservation Authority, the Ministry of Natural Resources and Forestry, and the Ministry of Environment and Climate Change. 3. Director, City Development, Report PLN 14-15 Plan of Subdivision Application SP-2014-04 Zoning By-law Amendment Application A 11/14 K. Lazaridis and Louisville Homes Ltd. Part Lot 31, Concession 2, Parts 1 and 2, Plan 40R-28483 (452 Finch Avenue) City of Pickering Council Decision 1. That Draft Plan of Subdivision Application SP-2014-04, submitted by K. Lazaridis and Louisville Homes Ltd., on lands being Part Lot 31, Concession 2, Parts 1 and 2, Plan 40R-28483, to establish a residential plan of subdivision consisting of 4 lots for 1 detached dwelling and 6 semi-detached dwellings, and a block for a road widening, as shown on Attachment #3 to Report PLN 14-15, and the implementing conditions of approval, as set out in Appendix I, be endorsed; and 2. Further,. that Zoning By-law Amendment Application A 11/14, submitted by K. Lazaridis and Louisville Homes Ltd., to implement the Draft Plan of Subdivision SP-2014-04 be endorsed with the provisions contained in Appendix II to Report PLN 14-15, and that staff be authorized to finalize and forward the implementing Zoning By-law Amendment to Council for enactment. Resolution #90/15 7 Council Meeting Minutes Monday, October.26, 2015 7:00 PM - Council Chambers Moved by Councillor Pickles Seconded by Councillor Johnson That Report 2015-09 of the Planning & Development Committee meeting held on October 5, 2015, be adopted. Carried (VI11) New and Unfinished Business 1. Director, Engineering & Public Works, Report ENG 18-15 Southview Drive Road Reconstruction -Tender No. T-18-2015 Discussion ensued regarding the project timelines. Resolution #91 /15 Moved by Councillor Pickles Seconded by Councillor Johnson 1. That Tender No. T-18-2015 as submitted by NEI Construction Corp. in the total tendered amount of $604,942.11 (HST included) be accepted; 2. That the total gross project cost of $744,001.00 (HST included), including the tendered amount and other associated costs, and the total net project cost of $669,996.00 (net of HST rebate) be approved; .3. That Council authorizes the Division Head, Finance & Treasurer to finance the net project cost in the amount of $669,996.00 as follows: a) the sum of $650,000.00 as provided for in the 2015 Roads Capital Budget be increased, to $660,000.00 and be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten years; b) the sum of $9,996.00 to be funded from property taxes; c) the financing and annual repayment charges in the amount. of approximately $80,000.00 be included in the annual Current Budget commencing in 2016 or subsequent year in which the debentures are issued and continuing thereafter until the debenture financing is repaid; d) 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; 4. That the draft by-law attached to this report be enacted; and i:? Qt�f a� _ 'Council Meeting Minutes '' Monday, October 26, 2015 Z� 7:00 PM Council Chambers. 5. Further that.the appropriate City of Pickering officials be authorized to take the, necessary action to give effect hereto. Carved 2. Director, Culture & Recreation, Report CR 19-15 New Boiler System and Holding Tanks at Don Beer Arena - Request for Proposal No. RFP-6-2015 Resolution #92/15 Moved by Councillor, Johnson Seconded by Councillor Pickles 1. That Proposal No. RFP-6-2015.submitted by Climate Control in the amount of $116,253.27(HST included) be accepted; 2. That the total gross project cost of $143,825.00 (HST included), including the amount of the proposal and other associated costs, and the total net project cost of $129,519.00 (net of HST rebate), be approved; 3. That Council authorize the Division Head, Finance & Treasurer to finance the net project cost of $129,519.00 as.follows: . a) The sum of $110,000 as provided for in the 2014 Don Beer Arena Capital .Budget to be financed from the Don Beer Arena Reserve; b) The additional sum of $19,519.00 to be funded from property taxes; and 4. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Carried 3. Director, Culture & Recreation, Report CR 22-15 Architectural & Engineering Consulting Services for Delaney Arena Improvements -Request for Proposal No. RFP-12-2015 Moved by Councillor Johnson Seconded by Councillor Pickles Res6lution.#93/15 9 Council Meeting Minutes �� .... Monday, October 26, 2015 7:00 PM - Council Chambers 1. That Proposal No. RFP-12-2015 submitted by Barry Bryan Associates in the amount of $237,752.00 (HST included) be accepted; 2. That the total gross project cost of $285,212.00 (HST included), including the amount of the proposal and other associated costs, and the total net project cost of $256,842.00 (net of HST rebate), be approved; 3. That Council authorize the Division Head, Finance & Treasurer to finance the net project cost of $256,842.00 as follows: a) The sum of $185,000.00 as provided for in the 2015 Capital Budget Recreation Complex Arena to be financed by undertaking an internal loan for a term not to exceed five, years; b) The sum of $4,782.00 to be funded from property taxes; c) The sum of $67,060.00 for the optional scope of work from the Federal Grant -Canada 150 Community Infrastructure Program Grant (CIPG); and 4. That the appropriate City. of Pickering officials be authorized to take the necessary action to give effect hereto. Carried 4. ., Director, Corporate Services & City Solicitor, Report FIN 26715 Veridian Corporation — Promissory Note Amending Agreement - 'Resolution #94/15 Moved by Councillor Ashe Seconded by Councillor Pickles 1. That the maturity date on the Promissory Note in the amount of $7,095,000 owed by Veridian Corporation to the City be amended to December 31, 2018 at its face value subject to the existing terms and conditions and bearing interest at the greater of 6% or the Ontario Energy Board Deemed Rate as indicated on the Note; 2. That a By-law in the form attached providing for the approval and execution of a Note Amending Agreement be passed; 3. That the Mayor and Clerk be authorized to execute the Note Amending Agreement on behalf of the City of Pickering in the form attached; 10 (IX) a) 7 VL i �§25_ Council Meeting Minutes Monday, October 26, 2015 7:00 PM - Council Chambers 4. That the Director, Corporate Services & City Solicitor be authorized to undertake any actions including negotiations or amendments to the terms and conditions of the Promissory Notes and/or the Note Amending Agreement which may be necessary in order to put the foregoing into effect; and, 5. That the appropriate officials at the City of Pickering be given authority to give effect thereto. Carried Notice of Motion Climate Change Labels on Gas Pumps in Pickering Resolution #95/15 Moved by Councillor Cumming Seconded by Councillor Pickles Whereas as pump labelling has been primed to go global with similar labels on tobacco packages all over the world. This concept is perhaps the lowest cost climate intervention in the world and yet has the potential to be among the most impactful; Whereas there is evidence that combustion of petroleum products such as gas and diesel in vehicle engines contributes to greenhouse gas emissions that affect natural systems in ways that are injurious to human health and the environment; Whereas point -of -sale warning labels. have been required for other consumables, such as .tobacco products, which has effectively reduced use of harmful products; Whereas gas pump labelling has been endorsed by over a hundred academics and leaders in their field from disciplines including the natural sciences, social sciences, public policy and economics at universities across North America, as well as non- governmental organizations (NGOs) such as the David Suzuki Foundation, the Canadian Association of Physicians for the Environment, and the Clean Air Partnership. have similarly endorsed the idea; Whereas municipalities can require gasoline retailers to put warning labels on gas pumps similar to those found on cigarette packages. Municipalities in Ontario are able to do this under the authority of their licensing powers and general health and welfare powers found in the'Municipal Act. 11 Cd# 4 Council Meeting Minutes Monday, October 26, 2015 T 7:00 PM - Council Chambers Now therefore be it resolved that the City of Pickering support the resolution adopted by West Vancouver regarding gas pump labelling and that Council support be advanced for consideration at the 2016 Federation of Canadian Municipalities (FCM) convention; And that all vendors of retail petroleum products in Pickering be legislated to provide warning labels on all pump handles (pump talkers) and/or pump panels, and that those companies who do not have this feature on their pump handle be obligated to fit them with the plastic sleeves which will allow warning labels to be displayed. Carried (X) By-laws 7446/15 Being a By-law to amend Restricted Area (Zoning).By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham Part Lot 31, Concession 2, Parts 1 and 2, Plan 40R-28483, City of Pickering. (A 11/14) 7447/15 Being a by-law to approve and authorize the execution of a note amending agreement made as of the 26"' day of October, 2015 in respect of fourth amended and restated promissory notes dated October 31, 2012 issued by Veridian Corporation 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, and to approve the issue of fifth amended and restated promissory notes dated as of the VI Day of December, 2015. 7448/15 Being a by-law to authorize the Southview Drive Road Reconstruction project in the City of Pickering and the issuance of debentures in the amount of $660,000.00 7449/15 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Concession 1, Part Lots 23 and 24, 40R-25448 Parts 1, 2, 4 to 37, 44 to 47 and Parts 3 and 38, 40R-6862 Parts 2 and 3, and,40R-10821 Part 1 except 40R- 25266 Parts 1 to 6, in the City of Pickering. (A Resolution #96/15 Moved by Councillor Johnson Seconded by Councillor Cumming That By-law Nos. 7446/15 through 7449/15, be approved. Carried 12 Council Meeting Minutes Monday, October 26, 2015 7:00 PM - Council Chambers W) Confidential Matters In accordance with Procedural By-law 721'2/12 and the provisions of the Municipal Act, an In Camera meeting of Council was held prior to the regularly scheduled meeting. Resolution #97/15 Moved by Councillor Johnson Seconded by Councillor Cumming That Council move In Camera in that the matters to be discussed relate to the receiving of advice that is subject to solicitor -client privilege, including, communications necessary for that purpose. Carried Director, Culture & Recreation & Director, Corporate Services & City Solicitor, Confidential Report CR 23-15. Refer to the In Camera minutes for further information. [City Clerk has custody and control of the In Camera minutes]. Resolution #98/15 Moved by Councillor Johnson Seconded by Councillor Cumming 1. That the -recommendation at'the Closed Meeting of Council regarding litigation matters, be approved; 2. That the City take all actions reasonably necessary to complete the construction of the Indoor Soccer Facility as contemplated by the Indoor Soccer Facility construction contract; 3. That the City retain Independent Project Managers ("IPM") for the purpose of coordinating all trades and sub trades required to complete construction of the Indoor Soccer Facility; 4. That Council accept the proposal dated September 30, 2015 and October 1, 2015 submitted by Independent Project Managers ("IPM") in the amount of approximately $37,000 and approve the engagement of IPM; 5. That the amount of $150,000 be added to the overall project budget for the Indoor Soccer Facility to provide additional contingency funding for additional costs, to be funded 47.75% by the City and 52.25% by the Pickering Soccer Club; 13 .4 _ Council Meeting Minutes Monday, October 26, 2015 R� 7:00 PM - Council Chambers 6. That the Division Head Finance. & Treasurer be authorized to finance the additional construction and project construction related costs of $150,000 if required as follows: 1. The sum of $71,625 be funded from a transfer from the DC -Recreation Facilities Reserve Fund; 2. The sum of $78,375 be funded from a transfer from the City Share DC reserve and this additional amount be included in the memorandum of understanding between the City and Pickering Soccer Club. Carried (XII) Other Business 1-. Councillor Johnson gave notice that he would be bringing forward a notice of motion regarding the renaming of the Claremont Community Centre. (XIII) Confirmation By-law By-law Number #7450/15 Councillor Johnson seconded by Councillor Cumming moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of October 26, 2015. (XM Adjournment Moved by Councillor Ashe Seconded by. Councillor Johnson That the meeting be adjourned at 8:15 pm. Dated this 26th day, of October, 2015. - Deputy Mayor McLean Lisa Harker (Acting) City Clerk 14 Carried Carried