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HomeMy WebLinkAboutApril 10, 2018e4 DICKERING Council Meeting Minutes April 10, 2018 7:00 pm - Council Chambers Present: Mayor Ryan Councillors: K. Ashe M. Brenner S. Butt I. Cumming B. McLean D. Pickles Also Present: T. Prevedel K. Bentley P. Bigioni M. Carpino J. Hagg S. Karwowski R. Holborn R. Michaud L. Roberts - Chief Administrative Officer - Director, City Development & CBO - Director, Corporate Services & City Solicitor - Director, Community Services - Fire Chief - Director, Finance & Treasurer - Director, Engineering Services - (Acting) Deputy Clerk - Committee Coordinator (1) Invocation Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (II) Disclosure of Interest There were no disclosures of interest noted. (III) Adoption of Minutes Resolution #422/18 Moved by Councillor McLean Seconded by Councillor Brenner Council Meeting Minutes,March 12, 2018 Executive Committee Minutes, April 3, 2018 1 e4 DICKERING Council Meeting Minutes April 10, 2018 7:00 pm - Council Chambers Planning & Development Committee Minutes, April 3, 2018 Carried (IV) Delegations 1. Jack Gibbons Ontario Clean Air Alliance Jack Gibbons, Ontario Clean Air Alliance appeared before Council to outline their rationale for seeking closure of the Ontario Power Generation in Pickering when their licence expires in August 2018. Through the aid of a PowerPoint presentation, he outlined the main reasons for seeking closure of the plant as being public safety, lowering hydro rates, job creation as well as the revitalization of the waterfront. He stated this was the oldest nuclear power station surrounded by the highest population in North America. Through his presentation, Mr. Gibbons outlined the potential impacts of a nuclear fallout, explaining the various levels of radiation within each zone as well as evacuation routes and health impacts. A brief discussion period ensued with Members seeking clarification on the 10 year timelines involved with relicensing for continuing operations and shutdown, noting that four years would be required for the actual shut down. They also questioned whether Ontario Clean Air Alliance would be submitting their report with respect to the relicensing. 2. Mike Borie Ontario Power Generation Mike Borie, 1044 Escott Court, Pickering, appeared before Council to express his concerns in relation to discussions held during the presentation from OPG at the March 12 Council meeting. He stated he felt there was misinformation related at that meeting, and that some of the statements were misleading to the public. He also noted he had received differing responses from OPG in response to his inquiries. Mr. Borie clarified the attendance of CNSC as well as DNA members at various meetings on a regular bases. He also stated he felt that comments made during the meeting were derogatory towards Clean Air Alliance and DNA and felt an apology was in order. 3. Janet McNeill, Durham Nuclear Awarenss (DNA) Janet McNeill, Durham Nuclear Awarenss (DNA), appeared before Council. She also expressed some concerns over the March 12 Council meeting and comments made with respect to DNA. She offered clarification on the notification procedures, 2 64 01 DICKERING Council Meeting Minutes April 10, 2018 7:00 pm - Council Chambers noting that CNSC normally provides ample notification on their information sessions. Ms. McNeill noted that a nuclear fallout is forever, and it is impossible to determine the end of a nuclear accident, which can occur for various reasons other than an earthquake. She also noted concerns for safety issues at OPG, and questioned whether they have complied with the provision of annual safety reports to Council as well as the public as was previously requested. She stated the importance of emergency planning, noting that evacuation planning was key, and felt that these plans were currently inadequate. She also stated that there are credibility issues with OPG in a number of areas, noting a lack of trust. Ms. McNeill responded to various questions posed by Members with respect to sufficient funding from the Province to the Region of Durham for emergency planning, accountability of the regulatory body, as well as any restructuring legislation associated with this. Resolution #423/18 Moved by Councillor Pickles Seconded by Councillor Butt That the rules of procedure be suspended in order to change the order of the agenda to allow the delegation from Veridian to be heard at the end of the meeting. Carried (V) Correspondence 1. Corr. 67-18 Marisa Carpino Director, Community Services Resolution #424/18 Moved by Councillor McLean Seconded by Councillor Brenner That Corr. 67-18 received from Marisa Carpino, Director, Community Services, seeking Council endorsement to deaccession the attached list of artifacts, be endorsed. Carried 3 64 01 DICKERING Council Meeting Minutes April 10, 2018 7:00 pm - Council Chambers (VI) Committee Reports a) Report EC 2018-04 of the Executive Committee 1. Director, Corporate Services & City Solicitor, Report CLK 01-18 2018 Municipal Election Compliance Audit Committee -Terms of Reference Council Decision 1. That the draft Terms of Reference for the 2018 Municipal Election Compliance Audit Committee (the "Terms of Reference" ) included as Attachment 1 to this Report be approved in accordance with the Municipal Elections Act; 2. That, in accordance with the Terms of Reference, the City Clerk be delegated the authority to recruit and appoint a roster of individuals eligible to serve on the 2018 Municipal Election Compliance Audit Committee and to appoint three (3) members from the roster to serve as the 2018 Municipal Election Compliance Audit Committee for the City of Pickering if and when an application for a compliance audit is received; and 3. That Council approve the remuneration of the 2018 Municipal Election Compliance Audit Committee members as outlined in the draft Terms of Reference. 2. (Acting) Director, Community Services, Report CS 22-18 Beach Volleyball Court Licence Agreement - Ontario Volleyball Association Council Decision 1. That the Mayor and City Clerk be authorized to execute the Licence Agreement set out in Attachment 1 of this Report to which Ontario Volleyball Association will be permitted to operate beach volleyball programs in Diana, Princess of Wales Park for a 5 year term beginning May 1, 2018 and ending September 30, 2022, subject to minor revisions acceptable to the Director, Community Services and the Director, Corporate Services & City Solicitor. 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 4 e4 DICKERING Council Meeting Minutes April 10, 2018 7:00 pm - Council Chambers 3. Director, Engineering Services, Report ENG 04-18 Asphalt Resurfacing on Various City Streets - Tender No. T-4-2018 Council Decision 1. That Tender No. T-4-2018 for Asphalt Resurfacing on Various City Streets as submitted by Four Seasons Site Development Ltd. in the total tendered amount of $1,222,267.89 (HST included) be accepted; 2. That the total gross project cost of $1,591,837.00 (HST included), including the tendered amount, a contingency, other associated costs, and an amount of $180,000.00 (net of HST rebate) for the resurfacing of Brookshire Square in accordance with Recommendation 2(h) of Report FIN 03-18 regarding the 2018 Current and Capital Budget and the total net project cost of $1,433,499.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost as approved in the 2018 Roads Projects Capital Budget in the amount of $1,433,499.00 by a transfer from the Federal Gas Tax Reserve Fund; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 5. Director, City Development & CBO, Report PLN 08-18 Driveway Widening Permeable Pavements Council Decision 1. That Report PLN 08-18 regarding driveway widening be received; 2. That Council direct staff to proceed with the following actions: (a) prepare a brochure promoting the use of permeable pavement; (b) communicate the benefits of permeable pavement through the City's website, community page ad, eNewsletters, telephone on -hold messaging, media release, social media, and at sustainability events; (c) revise the City of Pickering Driveway Entrance Application to include driveway widening; (d) revise the 2018 User Fee Schedule to reflect the $100.00 permit fee to widen a driveway; (e) incorporate appropriate maximum driveway width provisions in the Comprehensive Zoning By-law Update Study; 5 e4 DICKERING Council Meeting Minutes April 10, 2018 7:00 pm - Council Chambers (f) investigate opportunities to use permeable pavement for parking areas, sidewalks, multi -use paths and trails when constructing or upgrading City facilities subject to site specific conditions; and 3. That the appropriate City of Pickering staff be authorized to take the necessary actions as indicated in this Report. Resolution #425/18 Moved by Councillor Pickles Seconded by Councillor Brenner That Report 2018-04 of the Executive Committee meeting held on April 3, 2018 be adopted, save and exept Item No. 4. Carried 4. Director, Corporate Services & City Solicitor, Report LEG 04-18 Avis Property Public Parking Lot -Lease Agreement Dicussion period ensued with Members questioning whether a by-law was required to regulate parking, or if signage would be sufficient, as well as timelines for nearby washrooms to open. Resolution #426/18 Moved by Councillor Pickles Seconded by Councillor Brenner 1. That the lease by the City of approximately 1.44 acres of land at 640 Liverpool Road for use as a public parking lot be approved; 2. That the Mayor and the City Clerk be authorized to execute the Lease Agreement included as Attachment 1 to this Report, subject to minor revisions agreeable to the Director, Corporate Services & City Solicitor; 3. That City staff be directed to perform clean-up and grading work on the site, at a cost of not more than $6,000, for the purpose of making the site suitable for use as a public parking lot; and 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this Report. Carried 6 64 01 DICKERING Council Meeting Minutes April 10, 2018 7:00 pm - Council Chambers b) Report 2018-03 of the Planning & Development Committee 1. Director, City Development & CBO, Report PLN 09-18 Official Plan Amendment Application OPA 17-002/P Zoning By-law Amendment Application A 02/17 2388116 Ontario Inc. Part of Lots 5 and Lots 8, 9, 10, 11 and 12, Plan M-89 (1280, 1288, 1290, 1292 and 1294 Wharf Street and 607 Annland Street) Council Decision 1. That Official Plan Amendment Application OPA 17-002/P and Zoning By-law Amendment Application A 02/17, submitted by 2388116 Ontario Inc., to facilitate the development of an 8 -storey condominium apartment building on Part of Lots 5, and Lots 8, 9, 10, 11 and 12, Plan M-89; be refused; and 2. That Council authorize City staff, its outside legal counsel and outside experts in the fields of planning, transportation, urban design and other specialties, as may be required, to present and defend Council's position on Official Plan Amendment Application OPA 17-002/P and Zoning By-law Amendment Application A 02/17, submitted by 2388116 Ontario Inc. at the Ontario Municipal Board. Resolution #427/18 Moved by Councillor Pickles Seconded by Councillor Brenner That Report 2018-03 of the Planning & Development Committee meeting held on April 3, 2018 be adopted. Carried (VII) New and Unfinished Business 1. Director, Engineering Services, Report ENG 05-18 Rotary Frenchman's Bay West Park Phase 1 (T-3-2018) Discussion period ensued with staff responding to questions raised with respect to the changes over the years in the Master Plans. Clarification was provided on the changing vision, noting that the removal of the turnaround at Westshore Boulevard and the off leash park areas were removed in 2016 as a result of comments received during the public consultation process with residents, park users as well as community organizations. He stated that the east end of Beachpoint Promenade had an area that would accommdate larger vehicles to 7 64 01 DICKERING Council Meeting Minutes April 10, 2018 7:00 pm - Council Chambers compensate for the removal at Westshore Boulevard. Clarification was also provided with respect to the removal of trees, as well as the timelines for reforestation, and the calibre and height of trees being proposed, as well as what was included in the next phase. Members also inquired about park maintenance plans with TRCA as well as timelines for the shoreline restoration, noting this should be a priority. Resolution #428/18 Moved by Councillor Ashe Seconded by Councillor Brenner 1. That Tender No. T-3-2018 as submitted by Melfer Construction Inc. in the total tendered amount of $1,649,999.00 (HST included) be accepted; 2. That Council approve to single source the contract administration and construction supervision to MBTW Group in the amount of $73,760.00 (HST extra) for Tender No. T-#2018 Rotary Frenchman's Bay West Park Reconstruction — Phase 1; 3. That the total gross project cost of $2,322,809.00 (HST included), including the tendered amount and other associated costs and the total net project cost of $2,091,761.00 (net of HST rebate) be approved; 4. That the Director, Finance & Treasurer be authorized to finance the total net project cost in the amount of $2,091,761.00 as follows: a) the sum of $1,149,761.00 be funded by Development Charges — City's Share; the sum of $942,000.00 be funded by Development Charges - Parks & Recreation Services; b) 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 appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried Unanimously on a Recorded Vote 8 e4 DICKERING Council Meeting Minutes April 10, 2018 7:00 pm - Council Chambers (VIII) Notice of Motion a) Inflated Municipal Property Assessments Resolution #429/18 Moved by Councillor Brenner Seconded by Councillor McLean Whereas The mission of Municipal Property Assessment Corporation (MPAC) is to serve Ontario property taxpayers together with provincial and municipal stakeholders through accurate and timely property assessments and a commitment to service excellence and efficiency; Whereas MPAC uses one of three recognized approaches to establish an assessed value for properties: 1. Direct comparison, 2. Income approach (not applicable to residential properties), and 3. Cost approach (not applicable to residential properties); Whereas Recent sales of comparable properties are used to establish an assessed value that is then used to calculate residential property taxes; Whereas Market value has come to represent a price of a property that has been driven by an inflated housing bubble which has resulted in bidding wars that has driven up the selling price of a property in excess of its accurate valuation or assessment of its worth thus impacting what a property owner must pay in property taxes and creating an undue financial hardship; Whereas The Federal and Provincial governments have put in place various policies that are intended to curb and reduce the high cost of home ownership to make housing more affordable; Now therefore the City of Pickering Council urges the Province of Ontario and MPAC to review the unfairness of the current assessment and the need to put a freeze on any and all future assessments until such time as market conditions stabilize and place a moratorium on its phasing of increases in 2019 and 2020; and Now therefore this motion be copied to Don Mathieson (Chair MPAC); Ontario Premier Kathleen Wynne; Andrea Horwath, leader of the Ontario New Democratic Party; and Doug Ford, Leader of the Ontario Progressive Conservative Party; and to all Durham Regional Municipalities and the Durham Regional Council for their endorsement. Carried 9 64 01 DICKERING Council Meeting Minutes April 10, 2018 7:00 pm - Council Chambers (VIII) By-laws 7613/18 Being a by-law to exempt Lots 2, 3 and 4, Plan 40M-2597 from the part lot control provisions of the Planning Act. 7614/18 Being a by-law to establish those parts of Lots 24 and 25, Con. 3 and those parts of the road allowance between Lots 24 and 25, Con. 3, being Parts 1 to 4, 40R-29947 as public highway. Resolution #430/18 Moved by Councillor Butt Seconded by Councillor Pickles That By-law Nos. 7613/18 through 7614/18 be approved. (IX) Other Business 1 Resolution #431/18 Moved by Councillor Brenner Seconded by Councillor McLean Carried That the rules of procedure be suspended in order to allow the introduction of a Notice of Motion. Ontario Gaming GTA LP Revenue Sharing Resolution #432/18 Moved by Councillor Ashe Seconded by Councillor Pickles Carried on 2/3 Majority Whereas Ontario Gaming GTA LP has now announced that it will proceed with development of the Durham Live entertainment complex and casino in the City of Pickering; Whereas Durham Live will be a significant tourist destination, will create thousands of jobs in Pickering and will generate significant revenues for the City of Pickering; 10 64 01 DICKERING Council Meeting Minutes April 10, 2018 7:00 pm - Council Chambers Whereas The City of Pickering, by resolution No. 158/12 dated December 10, 2012, committed to revenue sharing regardless of which municipality is selected as the gaming site for the C3 zone; Whereas The City of Pickering remains committed to an equitable and reasonable arrangement for sharing gaming revenues for the benefit of all Durham Region residents; Whereas The City of Pickering has publicly proposed that 30 percent of gaming revenues at full build -out of the gaming facility be directed to the Region of Durham, and further proposes that a portion of the said revenue share be directed to Social Housing and/or other Social programs; Now Therefore The Council of the City of Pickering directs City staff to consult with staff at the Region of Durham and to make recommendations to City Council regarding the terms of a revenue sharing agreement; and Now Therefore City staff are directed to send a copy of this motion to the Region of Durham and to all Durham Region municipalities. Carried Unanimously on a Recorded Vote 2) Councillor Brenner gave notice that he would be bringing forward his Notice of Motion with respect to the licensing of service animals at the May Council meeting. He noted that this had been deferred from the April Council meeting in order to allow sufficient time for consultation with the Accessibility Advisory Committee. Resolution #433/18 Moved by Councillor Pickles Seconded by Councill Butt That Council recess for ten minutes. Delegations Continued 4. Michael Angemeer, Veridian Proposed Veridian and Whitby Hydro Merger Michael Angemeer, Veridian, Ron Clark, Aird & Berlis & Troy MacDonald, Grant Thornton LLP appeared before Council and with the aid of a PowerPoint presentation provided an overview of the potential merger of Veridian Corporation and Whitby Hydro Energy Corporation. He noted that the reasons for the potential merger is to achieve efficiencies, mitigate future rate increases to customers and 11 e4 DICKERING Council Meeting Minutes April 10, 2018 7:00 pm - Council Chambers secure long-term dividends to Veridian's municipal shareholders. He mentioned the advantages for merging versus the purchasing of Whitby Hydro and why not maintain status quo. The potential merger is recommended due to the changing industry landscape and immense pressure to maintain safe, reliable systems while addressing consumer demand. He further noted that over the next ten years, all customers will pay less in distribution rates than they would have otherwise due to rate harmonization. In addition, customers will have 24/7 access to greater resources when responding to major outage events as well as improvements in overall customer experience through best practices of both utilities. He indicated that a collaborative process was undertaken to gather input from shareholders and the Boards of Directors of Whitby Hydro and Veridian, as well as consider governance best practices in establishing the New Energy Services Company. Next steps will include public consultations in shareholder municipalities, followed by decisions at future Council meetings. Discussion ensued with Members of Council enquiring about the reason for the potential merger, costs savings to residential customers, job losses, the physical presence and locations and the name for the new Energy Services company. (X) Confirmation By-law By-law Number #7615/18 Councillor McLean, seconded by Councillor Cumming moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of April 10, 2018. (XI) Adjournment Moved by Councillor Butt Seconded by Councillor Brenner That the meeting be adjourned at 9:25 pm. Dated this 10th day of April, 2018. 12 Carried Carried David Ryan, Mayor Paul Bigioni (Acting) City Clerk