February 17, 2005 Regional Council Minutes
Page Content:
1. Prayer and Roll Call
2. Declarations of Conflicts of Interest
3. Approval of Minutes
4. Approval of Agenda
5. Delegations/Presentations
6. Communications
7. Reports
1. Committee Reports (Report of the General Committee (GC-2005-2) meeting held on February 10, 2005)
  Items Related to Human Services
  Items Related to Management
  Items Related to Planning
  Items Related to Public Works
  Items Related to Housing and Property
2. Staff Reports
a) Follow up Report on Funding of Homemakers and Nurses Services in Peel
b) Award of Contract for Disposal and Collection Services
   
8. By-laws
9. Other Business
10. Notices of Motion
11. In Camera Matters
  1. Committee Reports (In Camera Report of the General Committee (GC-2005-2) meeting held on February 10, 2005)
  2. Staff Reports
       
11A. By-laws Relating to In Camera Matters
12. By-law to Confirm the Proceedings of Council
13. Adjournment


 

THE COUNCIL OF
THE REGIONAL MUNICIPALITY OF PEEL
February 17, 2005


Acting Regional Chair Adams called the meeting of Regional Council to order at 9:40 a.m. in the Council Chamber, Regional Administrative Headquarters, 10 Peel Centre Dr., Brampton.

1. PRAYER AND ROLL CALL

Councillor Mahoney recited the prayer.

Members:
E. Adams, G. Carlson, C. Corbasson, F. Dale, S. DiMarco*, S. Fennell, A. Groves, N. Iannicca*, D. Lyons¨, K. Mahoney, H. McCallion, G. Miles, E. Moore, M. Morrison, P. Mullin, P. Palleschi, R. Paterak¨, M. Prentice, P. Saito
 
Members Absent:

E. Kolb, due to vacation; J. Sprovieri, due to vacation; N. Stewart, due to other municipal business

 
Also Present:

D. Szwarc, Acting Chief Administrative Officer and Commissioner of Social Services; P. O'Connor, Acting Commissioner of Corporate Services and Regional Solicitor; P. Graham, Commissioner of Health; D. Labrecque, Treasurer and Commissioner of Finance; L. Nashman, Commissioner of People, Information and Technology; N. Tunnacliffe, Commissioner of Planning; K. Ward, Commissioner of Housing & Property; M. Zamojc, Commissioner of Public Works; Dr. H. Shapiro, Acting Medical Officer of Health; C. Gravlev, Regional Clerk; C. Thomson, Legislative Co-ordinator

___________________________________

* See text for arrivals
¨See text for departures

2. DECLARATIONS OF CONFLICTS OF INTEREST

 

Councillor DiMarco arrived at 9:41 a.m.

3. APPROVAL OF MINUTES

a) January 27, 2005, Regional Council meeting

Moved by Councillor Dale,
Seconded by Councillor Corbasson;

That the minutes of the Regional Council meeting held on January 27, 2005 be approved.

Carried 2005-123


4. APPROVAL OF AGENDA

Moved by Councillor Carlson,
Seconded by Councillor DiMarco;

That the consolidated agenda for the February 17, 2005 Regional Council meeting be approved.

Carried 2005-124


Councillor Iannicca arrived at 9:43 a.m.


5. DELEGATIONS/PRESENTATIONS

a) Ron Dell'Agnese, Internal Audit Consultant and Larry Hawes, Director, Internal Audit, Presenting the Institute of Internal Auditors Quality Assurance Review Report which Provides Assurance to Audit Subcommittee that the Internal Audit Division is Meeting the Standards for the Professional Practice of Internal Auditing as set by the Institute of Internal Auditors

Received 2005-125

Members of Regional Council extended their gratitude to Larry Hawes, Director of Internal Audit, for his leadership and dedication to the Region of Peel over the past 30 years and wished him well in his retirement from the Region.

b) Dr. Kathleen Armitage, Chair, Peel Heritage Complex Advisory Board and Richard Feltoe, Vice-Chair, Peel Heritage Complex Advisory Board, Providing an Update on the Activities of the Peel Heritage Complex

Received 2005-126

c) Paul Speed, Rehrig Pacific Company, Regarding Organics Collection Container Tender Procurement Award

Received 2005-127

See also Resolutions 2005-128 and 2005-130


Councillor Lyons departed at 10:40 a.m., due to personal matters
Councillor Paterak departed at 10:49 a.m., due to other municipal business


d) Ghaetan Bolduc, Director, IPL Inc. and Otto Fasthuber, F and M Distributing, Regarding Organics Collection Container Tender Procurement Award

Received 2005-128

See also Resolutions 2005-127 and 2005-130


Moved by Councillor Prentice,
Seconded by Councillor Saito;

That Recommendation GC-35-2005 contained in the report of the General Committee meeting held on February 10, 2005, with respect to "Organics Collection Container Tender Procurement", Item PW-C1, be considered.

Carried 2005-129


Items Related to Public Works - Item PW-C1 was dealt with.

PW-C1. Organics Collection Container Tender Procurement

Moved by Councillor Prentice,
Seconded by Councillor Saito;

That Document 2004-644T for the supply, delivery and distribution of organics collection containers be awarded to Norsemen Plastics in the estimated amount of $5,966,999.40 (excluding applicable taxes), under Capital Project 03-6300, Cost Centre 23899 for a 24 month period, in accordance with Purchasing By-law 62-2001.

Carried 2005-130

See also Resolutions 2005-127 and 2005-128

 

Moved by Councillor Prentice,
Seconded by Councillor Saito;

That Bill Waddell, General Manager, Halton Recycling Ltd. and Robert Webb, Vice President, Republic Services of Canada, Inc. be added to the February 17, 2005 Regional Council agenda to address Council with respect to Staff Reports, Item 7-2b, "Award of Contract for Disposal and Collection Services".

Carried 2005-131


Additional Items

e) Bill Waddell, General Manager, Halton Recycling Ltd., Regarding the Award of Contract for Disposal and Collection Services

Received 2005-132

See also Resolutions 2005-133 and 2005-190

f) Robert Webb, Vice President, Republic Services of Canada, Inc. Regarding the Award of Contract for Disposal and Collection Services

Received 2005-133

See also Resolutions 2005-132 and 2005-190


6. COMMUNICATIONS

a) Hazel McCallion, Mayor, City of Mississauga, Letter dated January 25, 2005 Regarding Resolution 2004-1282, titled "Dedicated Funding for Land Securement" adopted by Regional Council on December 9, 2004

Referred to the March 3, 2005 General Committee meeting 2005-134

b) News Release: The Association of Municipalities of Ontario (AMO), dated February, 2005, Seeking the Participation of Council in a Survey on Issues Relating to Municipal Elections Including Length of Term, Election Date and Minimum Voting Age

Received 2005-135


c) Wendy Goss, Accessibility Coordinator, Office of the City Clerk, City of Brampton, Advising of Resolution C331-2004 Nominating Brampton City Councillor S. Hames for Appointment to the Joint Peel-Caledon Accessibility Advisory Committee (AAC) as the City of Brampton Council Representative

Moved by Councillor Prentice,
Seconded by Councillor Palleschi;

That Brampton City Councillor Sandra Hames be appointed to the Joint Peel-Caledon Accessibility Advisory Committee (AAC) for a term ending on November 30, 2006, or until a successor is appointed by Regional Council;

And further, that a copy of this resolution be forwarded to the Town of Caledon for endorsement.

Carried 2005-136


7. REPORTS

1. Committee Reports

a) Report of the General Committee (GC-2005-2) meeting held on February 10, 2005

B. DECLARATIONS OF CONFLICTS OF INTEREST


C. APPROVAL OF AGENDA

RECOMMENDATION GC-25-2005:

That the agenda for the February 10, 2005, General Committee meeting be amended to include a motion on economic development in the Region of Peel in relation to Items Related to Management - Item MA-A1;

And further, that In Camera Matters, Item G3 regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose be referred to the February 17, 2005 Regional Council meeting;

And further, that the agenda for the February 10, 2005, General Committee meeting be approved, as amended.

Approved 2005-137


D. DELEGATIONS/PRESENTATIONS

D1. Janet McDougald, Chair, Peel District School Board; Beryl Ford, Trustee, Peel District School Board, Brampton Wards 7 and 8; Leo Kazlovskis, Superintendent, Elementary Schools in Clarkson, Lorne Park, Port Credit and T. L. Kennedy (Camilla) Families, Peel District School Board, Karen Lane, Vice Principal, Camilla Senior Public School, Peel District School Board and Lynn McGinn, School Development Officer, The Terry Fox Foundation, Speaking About the Success of the Terry Fox Run - Pilot Event that was held in Peel on September 24, 2004

Received 2005-138


Additional Item

Long Term Service Recognition of Peter Graham, Commissioner of Health

Received 2005-139


E. REPORTS AND COMMUNICATIONS

ITEMS RELATED TO HUMAN SERVICES

HS-A. INTERDEPARTMENTAL

HS-A1. Food Services for Long Term Care and Child Care Centres

RECOMMENDATION GC-26-2005:

That the Food Services contract be awarded to Sysco Food Services of Toronto, partnering with Complete Purchasing Services Inc. for a period of 12 months commencing March 1, 2005 for an annual estimated cost of $1.9 million for the Health, Long Term Care Division;

And further, that the Food Services contract be awarded to Derry Foods Ltd. at an estimated cost of $300,000 for Children's Services Division for a period of 12 months commencing March 1, 2005;

And further, that subject to performance and pricing an additional four 12-month periods be offered to Sysco Food Services of Toronto with the total estimated annual increase to the Long Term Care Division to $1.95 million for the first optional and each subsequent period;

And further, that subject to performance and pricing, an additional four 12-month periods be offered to Derry Foods Ltd. at an estimated cost of $300,000 for each optional year;

And further, that authority be given to increase/extend this contract for similar requirements, within the limits allowed by the program's approved budget;

And further, that the required documents be executed by the Region's duly authorized signing officers.

Approved 2005-140

HS-A2. Follow up Report on Funding of Homemakers and Nurses Services in Peel

RECOMMENDATION GC-27-2005:

That the Regional Chair request a meeting with the Minister of Health and Long-Term Care (MOHLTC) to support Community Care Access Centre's (CCAC) request that the $800,000 Provincial funding in Peel be released to the CCAC to fund services, without the requirement of municipal cost-sharing;

And further, that the Commissioner of Social Services report back to the February 17, 2005 Regional Council meeting outlining the process as to how the Region of Peel, through its contribution of 20% or $160,000, can ensure that provincial dollars are released;

And further, that no contribution towards administrative costs be made;

And further, that the Regional Chair seek support of other municipalities.

Approved 2005-141

See also Resolution 2005-174


HEALTH

HS-B. Chronic Disease and Injury Prevention

HS-B1. New Funding for Tobacco Prevention and Enforcement Programs

RECOMMENDATION GC-28-2005:

That the Commissioner of Health be authorized to execute service agreements with the Ministry of Health and Long-Term Care (MOHLTC), whereby MOHLTC will fully fund up to $725,000 for tobacco prevention and enforcement programs in Peel Region;

And further, that the addition of up to 5.5 Full-Time Equivalent (FTE) employees to implement tobacco prevention and enforcement programs, fully funded by the MOHLTC, be approved by Regional Council subject to final approval by the MOHLTC of Peel Health's submissions;

And further, that the 2005 Peel Health Budget be adjusted upward to reflect the approved program costs and funding;

And further, that staff report back to Regional Council as additional information regarding funding becomes available.

Approved 2005-142


SOCIAL SERVICES

HS-C. General Services

HS-C1. Cross-Canada Hearings of the House of Commons Standing Committee on Citizenship and Immigration

RECOMMENDATION GC-29-2005:

That the Regional Chair, supported by alternate Councillor Gael Miles, present Peel's concerns on immigration issues to the hearings of the House of Commons Standing Committee on Citizenship and Immigration when they meet in Toronto in March or April of 2005.

Approved 2005-143

See also Resolution 2005-162


HS-C2. The Mentoring Partnership Public Launch - February 28, 2005

Received 2005-144


HS-D. COMMUNICATIONS

HS-D1. Dalton McGuinty, Premier of Ontario, Letter dated January 20, 2005, Responding to Chair Kolb's Letter dated December 21, 2004, Advising of the Region's Support of the New Initiatives to Expand the Capacity and Quality of Early Learning and Child Care (Resolution 2004-1268)

Received 2005-145

 

ITEMS RELATED TO MANAGEMENT

MA-A. INTERDEPARTMENTAL

MA-A1. Brampton Downtown Development Corporation

RECOMMENDATION GC-30-2005:

That the City of Brampton proposal to incorporate the Brampton Downtown Development Corporation, for the benefit of the area now designated as the Brampton Downtown Business Improvement Area (BIA), be supported;

And further, that the City of Brampton and the Ministry of Municipal Affairs and Housing be so advised.

Approved 2005-146

Additional Item

Motion relating to Economic Development Services Relating to the Acquisition, Development and Disposal of Sites for Industrial, Commercial and Institutional Uses

Referred to the February 17, 2005 Regional Council meeting 2005-147

See also Resolution 2005-176



FINANCE

MA-B. Corporate Finance

MA-B1. Delegation of Tax Ratio Setting Authority

RECOMMENDATION GC-31-2005:

That the delegation of the upper-tier tax ratio setting authority under Section 310 of the Municipal Act, be approved;

And further, that the necessary by-law be presented to Regional Council;

And further, that the Minister of Municipal Affairs and Housing (MMAH) be requested to make a regulation designating the Region of Peel as a delegated municipality for 2005.

Approved 2005-148

See also Resolution 2005-175


PEOPLE INFORMATION AND TECHNOLOGY

MA-C. Information Technology Services

MA-C1. Public Sector Network (PSN) Update and Budget

RECOMMENDATION GC-32-2005:

That the Public Sector Network (PSN) Financial Results for 2004 and Proposed Budget for 2005, as documented in Appendix I of the report of the Commissioner of People, Information and Technology, dated January 14, 2005, titled "Public Sector Network Update and Budget", be approved, with no impact on the overall Regional budget;

And further, that in accordance with the Public Sector Network (PSN) Partnership Agreement, staff be authorized to apply revenues received from PSN Subscribers in 2005 to offset shared network expenditures, as documented in Appendix I of the subject report.

Approved 2005-149



MA-D. COMMUNICATIONS

MA-D1. Greg Sorbara, Minister of Finance, and John Gerretsen, Minister of Municipal Affairs and Housing and Minister Responsible for Seniors, Letter dated January 11, 2005, Providing an Update on the Status of the Provincial Government Review of the Community Reinvestment Fund (CRF) and Announcing a Stable Funding Guarantee for 2005

Received 2005-150

MA-D2. News Release: The Association of Municipalities of Ontario (AMO), dated January 13, 2005, Outlining the Review Process for the Ontario Centre for Municipal Best Practices (OCMBP) Taking Place in Early 2005 and Encouraging Participation from Municipal Elected Officials and Senior Staff

Received 2005-151

MA-D3. Rose Caterini, Deputy City Clerk/Manager of Legislative Services, City of Hamilton, Letter dated January 13, 2005, Acknowledging Receipt of Peel Resolution Number 2004-1224 Regarding GO Transit Which was Forwarded to the General Manager of Finance and Corporate Services, City of Hamilton, for a Report to the Corporate Administration Committee

Received 2005-152

MA-D4. News Release: The Association of Municipalities of Ontario (AMO), Advising of Two New Programs Currently Under Consideration, the Bulk Electricity Procurement Program and the 311 Initiative

Received 2005-153

MA-D5. Cheri Cowan, Clerk, Town of Caledon, Letter dated January 17, 2005, Adopting Resolutions Extending the Terms for Non-Elected Members of the Joint Peel-Caledon Accessibility Advisory Committee (AAC) to November 30, 2006 and Requesting an Additional Elected Member from the City of Brampton be Appointed to the AAC

Received 2005-154

MA-D6. P.M. Madill, Regional Clerk, Regional Municipality of Durham, Letter dated January 21, 2005, Acknowledging Receipt of Peel Resolution Number 2004-1224 Regarding GO Transit Which was Received by the Council of the Regional Municipality of Durham and Providing a Report From R.J. Clapp, Commissioner of Finance, Durham Region

Received 2005-155

MA-D7. News Release: The Association of Municipalities of Ontario (AMO), dated January 27, 2005, Advising of the Reduction of Property Tax Pass-Through for Recreational Uses Along Hydro Corridors by the Province of Ontario to 50 per cent from 100 per cent

Received 2005-156

MA-D8. News Release: The Association of Municipalities of Ontario (AMO), dated February 1, 2005, Announcing the National Allocation Formula for Federal Gas Revenues for Municipal Infrastructure

Received 2005-157

MA-D9. News Release: The Association of Municipalities of Ontario (AMO), dated February 1, 2005, Detailing the Highlights of the AMO Presentation on Accessibility for Ontarians with Disabilities Act (AODA) to the Standing Committee on Social Policy on Bill 118

Referred to the Joint Peel-Caledon Accessibility Advisory Committee (AAC) 2005-158

 

ITEMS RELATED TO PLANNING

PL-A. INTERDEPARTMENTAL

PL-A1. Ontario Municipal Board (OMB) Decision Regarding an Appeal by a Property Owner (Atchison) (Regional File OZ-03-005C) Against the Town of Caledon Official Plan - Town of Caledon, Ward 3

Received 2005-159


PL-B. Administration

PL-B1. Report of the Public Meeting Regarding a Proposed Amendment Number 13 to the Region of Peel Official Plan (ROP) held on January 27, 2005

2. OPENING OF PUBLIC MEETING

Regional Chair Kolb called the public meeting to order at 9:41 a.m. in the Council Chamber, Regional Administrative Headquarters, 10 Peel Centre Dr., Brampton. He stated that the public meeting was open and was being held pursuant to Section 17 (15) of the Planning Act, R.S.O. 1990, Chapter P.13.

Chair Kolb stated that if a person or public body does not make oral submissions regarding this amendment at this public meeting or make written submissions before this proposed Official Plan Amendment is adopted by the Regional Municipality of Peel, the Ontario Municipal Board (OMB) may dismiss all or part of an appeal to the Ontario Municipal Board.


3. CONFIRMATION OF NOTIFICATION

The Regional Clerk stated that the Notice of the Public Meeting was given in accordance with Section 17 (15) of the Planning Act, R.S.O 1990, Chapter P.13 by publication in the following news media:

Mississauga News - Wednesday, December 15, 2004
Brampton Guardian - Wednesday, December 15, 2004
Caledon Enterprise - Saturday, December 18, 2004

In addition, the Notice of Public Meeting was faxed to the prescribed public bodies on January 20, 2005.

Further, it was noted that Notice of the Public Meeting was posted on the Regional website as of December 13, 2004 (www.peelregion.ca) and the Draft Official Plan Amendment was available to the public on-line as of the same date.


4. FURTHER NOTICE REQUEST

The Regional Chair stated that if any person would like further notice of the future passage of this proposed Regional Official Plan Amendment (ROPA) that they should give their full name, address, postal code, and telephone number in writing at the Clerk's reception prior to leaving the meeting.


5. STAFF PRESENTATIONS

Chair Kolb called upon Simone Banz, Planning Manager, Planning Policy and Research Division, Planning Department who made a brief presentation to explain the purpose of the proposed amendment.


6. PUBLIC PARTICIPATION

a) Oral Submissions

i) Carl Brawley, Associate, Glen Schnarr and Associates Inc. on behalf of several clients within the Cities of Brampton and Mississauga stated that his concerns with the proposal can be grouped into four areas, such as:

  • Given the specific feature oriented nature of the proposed map, some features shown may not qualify as Regional Core under the definition as provided for within the Regional Official Plan (ROP);
  • Relationship of the ROP with the local Official Plans (OP), given that the ROP states that detailed interpretation of the Regional Core is to occur within the local OP, allowing for conflict between the specific nature of the mapping and the local plans;
  • Methods of acquisition of the core features, particularly those which fall on table land areas; and
  • Concerned with the use of crest of slope to define valley and stream corridors, and that it may become the criteria to establish development limits.

Received 2005-160

b) Written Submissions

- Nil


7. CONCLUSION OF PUBLIC MEETING

Chair Kolb advised those in attendance that, comments will be taken into consideration and a final report and supporting by-law will be considered by Regional Council at a future meeting.


PL-C. Planning Policy and Research

PL-C1. Status Report - Regional Official Plan Strategic Update (ROPSU)

Received 2005-161


PL-C2. An Overview of the Characteristics and Experiences of Peel Immigrants
Presentation by Arvin Prasad, Director of Planning Policy and Research and Ron Jaros, Planning Manager, Planning Policy and Research

Received 2005-162

See also Resolution 2005-143


PL-C3. Peel Agricultural Advisory Working Group (PAAWG) Amended Terms of Reference

RECOMMENDATION GC-33-2005:

That the amended Terms of Reference for the Peel Agricultural Advisory Working Group (PAAWG) as outlined in Appendix I to the report of the Commissioner of Planning, dated January 26, 2005, titled "Peel Agricultural Advisory Working Group (PAAWG) Amended Terms of Reference", be adopted;

And further, that the Peel Agricultural Advisory Working Group (PAAWG) members, other than the Regional and City of Brampton Councillors, appointed for the 2003-2006 term also be appointed for the 2007-2010 term.

Approved 2005-163


PL-D. COMMUNICATIONS

PL-D1. Harinder Takhar, Minister of Transportation, Letter dated January 7, 2005, Responding to Chair Kolb's Letter dated November 9, 2004, Regarding Support for the Expansion of Highway 401 from the Highway 401/410/403 Interchange Westerly to the Credit River

Received 2005-164

PL-D2. David Miller, Mayor, City of Toronto, Letter dated January 10, 2005, Commending the Honourable John Gerretsen, Minister of Municipal Affairs and Housing (MMAH), on the Introduction of Bill 135, the Proposed Greenbelt Act and the Draft Greenbelt Plan to Establish a Permanent Greenbelt Across the Greater Golden Horseshoe Area (GGHA) as Part of an Overall Strategy to Manage Growth in the Greater Golden Horseshoe (GGH)

Received 2005-165

PL-D3. Brad Graham, Assistant Deputy Minister, Ontario Growth Secretariat, Ministry of Public Infrastructure Renewal, Letter received January 19, 2005, Providing Information on Three Key Topics Related to the Development of the Draft Growth Plan for the Greater Golden Horseshoe (GGH)

Received 2005-166

 

ITEMS RELATED TO PUBLIC WORKS

PW-A. Engineering and Construction

PW-A1. Intersection Safety Program to Reduce Red Light Running Current Program Status

Received 2005-167


PW-B. Operations and Maintenance

PW-B1. Purchase of Vacuum-Excavation Units, Capital Projects 01-9020 and 04-9020, Document Number 2004-279T

RECOMMENDATION GC-34-2005:

That Document 2004-279T for the purchase of two vacuum-excavation units be awarded to Joe Johnson Equipment Inc. (Bid "A") in the estimated amount of $808,240 (excluding applicable taxes), under Capital Projects 01-9020 and 04-9020 in accordance with Purchasing By-law 62-2001, as amended;

And further, that authority be given to dispose of the current equipment through the Region's Operations Support Section.

Approved 2005-168


PW-C. Waste Management

PW-C1. Organics Collection Container Tender Procurement

This item was dealt with under Resolution 2005-130



PW-D. COMMUNICATIONS

PW-D1. Hazel McCallion, Mayor, City of Mississauga, Letter dated January 21, 2005, Requesting Endorsement of City of Mississauga Resolution 0005-2005, Adopted on January, 19, 2005, Requesting the Province of Ontario to Implement a System of Deposit Returns for all Metal, Glass and Plastic Beverage Containers

RECOMMENDATION GC-36-2005:

That City of Mississauga Resolution 0005-2005 be endorsed, which reads:

"WHEREAS, the Ministry of the Environment has set a goal for all municipalities in Ontario to divert 60% of all waste from landfill by 2008 through reduction, reuse or recycling;

AND WHEREAS, the Corporation of the Township of Algonquin Highlands recently petitioned the Minister of the Environment to implement a system of deposit returns for all metal, glass and plastic beverage containers and seriously considered mandating reusable plastic drink containers as outlined in their Resolution dated November 18, 2004;

AND WHEREAS, Mississauga Councillors in their capacity as councilors on the Region of Peel Council, which is responsible for waste management, sent resolutions to the Province of Ontario advocating deposit return programs in 2002, 2001, 1998 and 1997;

AND WHEREAS, Mississauga Council continues to support deposit return programs as a means of reducing waste;

NOW THEREFORE BE IT RESOLVED, THAT the City of Mississauga petition the Minister of the Environment to implement a system of deposit returns for all metal, glass and plastic beverage containers;

And further, that a copy of this resolution be forwarded to the Ministry of the Environment, the Corporation of the Township of Algonquin Highlands, Region of Peel, City of Brampton, Town of Caledon and all Provincial MPPs in Mississauga and the Large Urban Mayors' Caucus of Ontario";

And further, that a copy of the subject resolution be forwarded to the Ministry of the Environment, the Corporation of the Township of Algonquin Highlands, Cities of Brampton and Mississauga, Town of Caledon, all Peel Area MPPs and the Large Urban Mayors' Caucus of Ontario.

Approved 2005-169

PW-D2. David Miller, Mayor, City of Toronto, Letter dated January 20, 2005, Inviting Municipalities to Support and Participate in the City of Toronto 2005 20-Minute Makeover Event, to be held on Friday, April 22, 2005

Received 2005-170

PW-D3. Donna Russett, Volunteer Director, Ontario, Pitch-In Canada, Letter received January 31, 2005, Inviting Members of Council to Participate in the 2005 Pitch-In Canada Week, April 18 - 24, 2005

Received 2005-171

 

ITEMS RELATED TO HOUSING AND PROPERTY

HO-A. INTERDEPARTMENTAL

HO-A1. Community Rental Housing Program Pilot - Guarantee of Provincial Funding to Peel Living for Summerville Pines and Peel Youth Village Projects

RECOMMENDATION GC-37-2005:

That the Region of Peel guarantee forgivable loans from the Province to Peel Housing Corporation pursuant to the requirements of the Provincial Contribution Agreements and the related Community Rental Housing Program, in order to receive funding for the Summerville Pines and Peel Youth Village projects;

And further, that all necessary documents be executed by the Regional Corporation's duly authorized signing officers.

Approved 2005-172


HO-B. COMMUNICATIONS

HO-B1. Pat Mullin, Regional Councillor, City of Mississauga, Ward 2 and Chair, Peel Housing Committee, Letter dated January 17, 2005 to Joseph Fontana, Minister of Labour and Housing, Regarding the Positive Feedback on His Speech Made at the Annual Conference of the Ontario Non-Profit Housing Association and Providing Him with Peel's Centralized Social Housing Waiting List Reports

Received 2005-173


F. OTHER BUSINESS


7. REPORTS

2. Staff Reports

a) Follow up Report on Funding of Homemakers and Nurses Services in Peel

Moved by Councillor Saito,
Seconded by Councillor Fennell;

That funding of up to $200,000 in 2005 for Homemakers and Visiting Nurses Services, as the 20 per cent municipal cost sharing required by the Provincial Homemakers and Nurses Services Act, be approved;

And further, that staff be authorized to negotiate an agreement with the Community Care Access Centre (CCAC) for the services to be provided with this funding;

And further, that the Treasurer and Commissioner of Finance be directed to report back on the source of the funding for this cost sharing and the cost centre to be used in his report on supplementary assessment growth;

And further, that the required documents be executed by the Regional Corporation's duly authorized signing officers.

Carried 2005-174

See also Resolution 2005-141

 

b) Award of Contract for Disposal and Collection Services

This item was dealt with under Resolution 2005-190

 

8. BY-LAWS

Three Readings

By-law 35-2005: A by-law to delegate to the Council of each area municipality the authority to pass a by-law establishing tax ratios and setting out a method by which the portion of Regional levies that will be raised in each area municipality can be determined.


Moved by Councillor Prentice,
Seconded by Councillor Miles;

That the by-laws listed on the Regional Council agenda, being By-law 35-2005, be given the required amount of readings, taken as read, signed by the Acting Regional Chair and the Regional Clerk, and that the Corporate Seal be affixed thereto.

Carried 2005-175

See also Resolution 2005-148


9. OTHER BUSINESS

a) Motion relating to Economic Development Services Relating to the Acquisition, Development and Disposal of Sites for Industrial, Commercial and Institutional Uses

Moved by Councillor Saito,
Seconded by Councillor Prentice;

WHEREAS in the Region of Peel the Region has never exercised any jurisdiction it may have had in relation to the acquisition of sites for industrial purposes and the area municipalities have always assumed full responsibility for economic development within their boundaries;

AND WHEREAS subsection 11(2) of the Municipal Act, 2001 (Spheres of Jurisdiction) has assigned jurisdiction exclusively to the Region of Peel in respect of providing economic development services related to the acquisition, development and disposal of sites for industrial, commercial and institutional uses despite this being an area municipal function in the Region of Peel;

AND WHEREAS Ministry staff have, in a variety of public forums, repeatedly stated that the spheres of jurisdiction are intended to codify and not to change jurisdiction in two-tier municipalities;

AND WHEREAS Mississauga City Council, at its meeting of November 28, 2001 adopted recommendations in the General Committee report of November 21, 2001 which requested, among others, that the Province revise Bill 111 to clarify that the proposed legislation does not change the current allocation of authority between regional and area municipalities despite sections 11 and 13, and further that the Table accompanying subsection 11(2) of Bill 111 be amended to provide that economic development services relating to the acquisition, development and disposal of sites for industrial, commercial and institutional uses be exclusively assigned to the City of Mississauga and not to the Region of Peel;

AND WHEREAS at its meeting of October 13, 2004 Mississauga City Council again requested that appropriate amendments be made to sections 11 and 13 of the Municipal Act, 2001 to clearly state that enactment of the legislation does not change the allocation of powers and authority between upper-tier and lower-tier municipalities;

AND WHEREAS the City of Brampton adopted a recommendation on October 29, 2001 that "The table in section 11 (2) of Bill 111 be amended to give the region of Peel non-exclusive power with respect to acquisition, development and disposal of sites for industrial, commercial and institutional use.";

AND WHEREAS at its meeting of February 10, 2005 the Region of Peel General Committee considered Report No. MA-A1, being a report respecting the Brampton Downtown Development Corporation, which specifically references the power of acquisition and development for the economic development services sphere of jurisdiction being exclusive to the Region and further notes that Brampton has submitted that this should be made non-exclusive in the Municipal Act review.

THEREFORE BE IT RESOLVED THAT:

1. The Council of the Region of Peel request the Minister of Municipal Affairs and Housing to amend the Municipal Act, 2001 to:

i) Make appropriate amendments to sections 11 and 13 of the Municipal Act, 2001 to clearly state that enactment of the legislation does not change the allocation of powers and authority between upper-tier and lower-tier municipalities;

ii) Revise the Table accompanying subsection 11(2) of the Municipal Act, 2001 to provide that economic development services relating to the acquisition, development and disposal of sites for industrial, commercial and institutional uses be exclusively assigned to the area municipalities.

2. That a copy of this resolution be forwarded to the Minister of Municipal Affairs and Housing, the City of Mississauga, the City of Brampton, the Town of Caledon, all Peel area MPPs and the Association of Municipalities of Ontario (AMO).

Carried 2005-176

See also Resolution 2005-147


10. NOTICES OF MOTION

 

RECESS

Regional Council recessed at 11:17 a.m.

Regional Council reconvened at 11:41 p.m.


Members Present:
E. Adams, G. Carlson, C. Corbasson, F. Dale, S. DiMarco, S. Fennell, A. Groves, N. Iannicca, D. Lyons*, K. Mahoney¨, H. McCallion, G. Miles, E. Moore, M. Morrison, P. Mullin, P. Palleschi, M. Prentice, P. Saito
 
Members Absent:

E. Kolb, due to vacation; R. Paterak, due to other municipal business; J. Sprovieri, due to vacation; N. Stewart, due to vacation

 


11. IN CAMERA MATTERS

Moved by Councillor Mullin,
Seconded by Councillor Morrison;

That Council proceed "In Camera" to consider the In Camera General Committee report of February 10, 2005 and Council reports relating to the following:

  • A proposed or pending acquisition or disposition of land by the municipality or local board
  • Labour relations or employee negotiations
  • Advice that is subject to solicitor-client privilege, including communications necessary for that purpose
  • To receive information in accordance with Section 10 of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, Chapter M.56

Carried 2005-177

Moved by Councillor Morrison,
Seconded by Councillor Moore;

That Council proceed out of In Camera.

Carried 2005-178

1. Committee Reports

a) In Camera Report of the General Committee (GC-2005-2) meeting held on February 10, 2005

G1. A proposed or pending acquisition or disposition of land by the municipality or local board

RECOMMENDATION GC-38-2005:

That the Council of The Regional Municipality of Peel consider the Report of the Inquiry Officer, Victor L. Freidin from a Hearing of Necessity pursuant to the Expropriations Act, R.S.O. 1990, c. E.26, as amended (the "Expropriations Act") and approve the expropriation of the fee simple interest in the lands described as Part of Lot 16, Concession 7, Northern Division, City of Brampton (formerly Township of Toronto Gore), Regional Municipality of Peel, being more particularly identified as Part 11 on Reference Plan 43R-28969 for the purpose of widening Airport Road and works ancillary thereto, and for the expropriation of a temporary easement interest for a period of two years in the lands described as Part of Lot 16, Concession 7, Northern Division, City of Brampton (formerly Township of Toronto Gore), Regional Municipality of Peel, designated as Part 9 on Reference Plan 43R-28969 for the purpose of grading and other construction works and adopt the written reasons for its decision as set out in the report of the Commissioner of Housing and Property and General Manager of Peel Living and the Commissioner of Public Works dated January 14, 2005 in accordance with subsection 8(1) of the Expropriations Act;

And further, that a by-law be enacted authorizing and directing that the following steps be taken with respect to the expropriation of the fee simple interest in the lands described as Part of Lot 16, Concession 7, Northern Division, City of Brampton (formerly Township of Toronto Gore), Regional Municipality of Peel, being more particularly identified as Part 11 on Reference Plan 43R-28969 for the purpose of widening Airport Road and works ancillary thereto, and for the expropriation of a temporary easement interest for a period of two years in the lands described as Part of Lot 16, Concession 7, Northern Division, City of Brampton (formerly Township of Toronto Gore), Regional Municipality of Peel, designated as Part 9 on Reference Plan 43R-28969 for the purpose of grading and other construction works:

(a) approval of the expropriation for the written reasons as set out in the report of the Commissioner of Housing and Property and General Manager of Peel Living and the Commissioner of Public Works dated January 14, 2005;
(b) service of the decision to approve the expropriation and the written reasons therefor upon the parties to the Hearing of Necessity and the Inquiry Officer;
(c) execution of a Certificate of Approval;
(d) registration of a Plan of Expropriation;
(e) preparation of an appraisal report setting out the market value of the expropriated lands and damages for injurious affection, if any, to the remaining lands;
(f) service upon the registered owners of offers of compensation and offers for the immediate payment of 100 per cent of the market value of the expropriated lands, in accordance with Section 25 of the Expropriations Act, together with the supporting appraisal report; and
(g) service of Notice of Expropriation, Notice of Possession and delivery of Notice of Election form.

And further, that the landowners that requested the Hearing of Necessity be paid costs in the amount $200 in accordance with subsection 7(10) of the Expropriations Act to be provided by Public Works Project 01-4035.

Approved 2005-179

See also Resolution 2005-191


RECOMMENDATION GC-39-2005:

That the Council of The Regional Municipality of Peel consider the Report of the Inquiry Officer, Victor L. Freidin from a Hearing of Necessity pursuant to the Expropriations Act, and approve the expropriation of the fee simple interest in the lands described as Part of Lot 12, Concession 6, East of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Part 2 on Reference Plan 43R-18881 for the purpose of widening Airport Road and works ancillary thereto, and for the expropriation of a temporary easement interest for a period of two years in the lands described as Part of Lot 12, Concession 6, East of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, designated as Part 1 on draft reference plan 03-28-837-04-B prepared by J.D. Barnes Limited dated May 20, 2004 for the purpose of demolition of a building and adopt the written reasons for its decision as in the report of the Commissioner of Housing and Property and General Manager of Peel Living and the Commissioner of Public Works dated January 14, 2005 in accordance with subsection 8(1) of the Expropriations Act;

And further, that a by-law be enacted authorizing and directing that the following steps be taken with respect to the expropriation of the fee simple interest in the lands described as Part of Lot 12, Concession 6, East of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Part 2 on Reference Plan 43R-18881 for the purpose of widening Airport Road and works ancillary thereto, and for the expropriation of a temporary easement interest for a period of two years in the lands described as Part of Lot 12, Concession 6, East of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, designated as Part 1 on draft reference plan 03-28-837-04-B prepared by J.D. Barnes Limited dated May 20, 2004 for the purpose of demolition of a building:

(a) approval of the expropriation for the written reasons as set out in the Report of the Commissioner of Housing and Property and General Manager of Peel Living and the Commissioner of Public Works dated January 14, 2005;
(b) service of the decision to approve the expropriation and the written reasons therefor upon the parties to the Hearing of Necessity and the Inquiry Officer;
(c) execution of a Certificate of Approval;
(d) registration of a Plan of Expropriation;
(e) preparation of an appraisal report setting out the market value of the expropriated lands and damages for injurious affection, if any, to the remaining lands;
(f) service upon the registered owners of offers of compensation and offers for the immediate payment of 100 per cent of the market value of the expropriated lands, in accordance with Section 25 of the Expropriations Act, together with the supporting appraisal report; and
(g) service of Notice of Expropriation, Notice of Possession and delivery of Notice of Election form.

And further, that the landowners that requested the Hearing of Necessity be paid costs in the amount $200 in accordance with subsection 7(10) of the Expropriations Act to be provided by Public Works Project 01-4035.

Approved 2005-180

See also Resolution 2005-191

G2. Advice that is subject to solicitor-client privilege, including communications necessary for that purpose

Referred back to staff to amend the proposed resolution and report to the February 17, 2005 Regional Council meeting 2005-181

See also Resolution 2005-187

G3. Advice that is subject to solicitor-client privilege, including communications necessary for that purpose

Referred to the February 17, 2005 Regional Council meeting 2005-182

See also Resolution 2005-188


2. Staff Reports

a) A proposed or pending acquisition or disposition of land by the municipality or local board

Moved by Councillor Dale,
Seconded by Councillor DiMarco;

That The Regional Municipality of Peel, as purchaser, enter into an agreement with Patricia Small and Karen Deanne Joan Small, as vendors, for the purchase of fee simple interest lands described as Lot 25, Plan 483, City of Mississauga, Regional Municipality of Peel, as described in Instrument RO1076641, PIN 13204-0097, and known municipally as 2 Earl Street, Mississauga, Ontario, for a total purchase price of $281,400.00 plus taxes and costs;

And further, that the funds for the transaction be provided from Public Works Project Number 99-4080.

Carried 2005-183


b) Labour relations or employee negotiations

Moved by Councillor Fennell,
Seconded by Councillor Groves;

That the Memorandum of Settlement for the contract renewal negotiated by the Regional Municipality of Peel and the Canadian Union of Public Employees (CUPE) and its Local 966 representing employees in the Public Works and Finance Departments, be ratified;

And further, that the Chief Administrative Officer be authorized to implement the terms and provisions as negotiated;

And further, that the required documents be executed by the Regional Corporation's duly authorized signing officers.

Carried 2005-184

c) Labour relations or employee negotiations

Moved by Councillor Groves,
Seconded by Councillor Iannicca;

That the Memorandum of Settlement for the contract renewal negotiated by the Regional Municipality of Peel and the Canadian Union of Public Employees (CUPE) and its Local 966 representing employees in the Ontario Works Division be ratified;

And further, that the Chief Administrative Officer be authorized to implement the terms and provisions as negotiated;

And further, that the required documents be executed by the Regional Corporation's duly authorized signing officers.

Carried 2005-185

d) Labour relations or employee negotiations

Moved by Councillor Lyons,
Seconded by Councillor McCallion;

That the Memorandum of Settlement for the contract renewal negotiated by the Regional Municipality of Peel and the Canadian Union of Public Employees (CUPE) and its Local 966 representing employees at TransHelp, be ratified;

And further, that the Chief Administrative Officer be authorized to implement the terms and provisions as negotiated;

And further, that the required documents be executed by the Regional Corporation's duly authorized signing officers.

Carried 2005-186

e) Advice that is subject to solicitor-client privilege, including communications necessary for that purpose

Moved by Councillor Miles,
Seconded by Councillor Moore;

Whereas in May 2004 the Ontario Government introduced the Ontario Health Premium (OHP) as a graduated income tax payable by all Ontarians with income over $20,000;

And whereas, it is expected the OHP will provide approximately two billion dollars annually in new health care funding;

And whereas, Ontario unions, relying on old collective agreement language whereby many employers agreed to pay now defunct Ontario Health Insurance Plan (OHIP) premiums on behalf of unionized employees, requested that employers pay the new OHP on behalf of unionized employees;

And whereas, in the case of Peel alone the burden of paying the OHP to Peel property taxpayers would approximate two million dollars annually, a prospect which is unacceptable to Regional Council;

And whereas, Peel, like most other employers, refused to pay the OHP and this refusal has been grieved by unions and several arbitrations have now been scheduled to resolve the Peel grievances;

And whereas, the labour relations process is not appropriate for the determination of the liability for the payment of a personal tax based on income;

And whereas, the Province of Ontario is responsible to attain its clear policy objective that employees pay the OHP and to ensure that the burden of the OHP is not thrown upon property taxpayers through arbitration decisions based on outdated collective agreement language;

And whereas, the Province of Ontario has at its disposal the ability to legislate to safeguard the Region, Ontario municipalities and employers generally from the unintended and financially destabilizing burden of the OHP;

Therefore be it resolved, that the Government of Ontario be requested to confirm, through legislation, that Ontario employers cannot be made responsible for payment of the Ontario Health Premium;

And further, that this resolution be circulated to the Government of Ontario, Peel Area MPPs, area municipalities within Peel and the Association of Municipalities of Ontario (AMO).

Carried 2005-187

See also Resolution 2005-181

f) Advice that is subject to solicitor-client privilege, including communications necessary for that purpose

Moved by Councillor Mullin,
Seconded by Councillor Morrison;

Whereas Carosi Construction Limited ("Carosi") has asserted claims against the Region of Peel ("Region") including significant claims for extras, which it alleges arise from certain construction projects (the East Brampton "Standby Power Facility" and "Reservoir Expansion" and the Clarkson Primary Treatment Expansion) (the "Projects") which were substantially completed in the years 2000 and 2002;

And whereas, both the professional engineering firms retained by the Region to manage the projects and Regional staff considered the Carosi claims and concluded that they were largely unfounded and offset by deficiencies in Carosi's work and to that extent should neither be paid nor recommended to Council for payment;

And whereas, Council received representations from Carosi taking issue with the position of the project manager and of Regional staff, insisting upon payment of its claims;

And whereas, an informal committee of council members was struck to further consider the claims of Carosi, which committee met with representatives of Carosi with the result that the Region extended to Carosi an offer to resolve the matter, upon terms which largely amounted to a continuing rejection of Carosi's claims;

And whereas, upon Carosi having found the Region's offer to be unacceptable, Council on August 12, 2004 adopted Resolution 2004-785 instructing staff to advise Carosi that all settlement discussions had been concluded and declining to receive any further delegations at Council concerning Carosi's claims;

And whereas, despite the resolution, Carosi commissioned a report by Wesko Management Group Inc. which largely reiterates the claims previously considered and rejected by staff and committee members alike;

And whereas, despite the conclusion of Carosi's own consultant that the process has been extremely wasteful and unproductive and is "sure to continue for the foreseeable future and many more years" Carosi has shown no inclination to have its claims determined on their merits by an impartial court of law;

And whereas, both Carosi and Wesko have cast aspersions upon the integrity of members of Regional Council and Regional staff in the conduct of their review of the claims advanced by Carosi;

Now therefore be it resolved, that Council direct the Chair to prepare and deliver to Carosi:

i) a reasoned response to the Wesko report dated November 5, 2004; and
ii) a modification of the Region's offer in accordance with the most recent available information as to the Region's costs to complete the Projects, as presented to Council in camera on February 17, 2005 essentially reiterating the offer previously approved by Council;

And further, that Council express its confidence in the integrity and goodwill of both the Councillors and staff who have been involved in the review of Carosi's claims.

Carried 2005-188

See also Resolution 2005-182


Councillor Mahoney departed at 12:30 p.m. for a medical appointment
Councillor Lyons arrived at 12:37 p.m.

g) To receive information in accordance with Section 10 of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, Chapter M.56 (Oral)

Received 2005-189



Items Related to Staff Reports - Item 7-2b was dealt with.

7. Reports

2. Staff Reports

b) Award of Contract for Disposal and Collection Services

Moved by Councillor Fennell,
Seconded by Councillor Prentice;

That the signing officers of the Regional Corporation be authorized to execute an agreement with Waste Management of Canada Corporation (WMCC) based on the terms outlined in the report of the Commissioner of Public Works, dated February 14, 2005, titled "Award of Contract for Disposal and Collection Services" for Waste Disposal Services for a term of 20 years effective July 1, 2007, at an estimated cost of $145 million;

And further, that the signing officers of the Regional Corporation be authorized to execute an agreement with WMCC based on the terms outlined in the subject report for the collection of municipal waste, organics, yard waste and recyclables in the Cities of Brampton and Mississauga for a term of 10 years, effective April 1, 2006, at an estimated cost of $412 million;

And further, that staff undertake all actions necessary in connection with this matter.

Carried 2005-190

See also Resolutions 2005-132 and 2005-133


11A. BY-LAWS RELATING TO IN CAMERA MATTERS

Three Readings

By-law 2-2005: A by-law to approve the expropriation of land being Part of Lot 16, Concession 7, Northern Division, in the City of Brampton (formerly Township of Toronto Gore), Regional Municipality of Peel, being more particularly identified as Parts 9 and 11 on Reference Plan 43R-28969 deposited on February 20, 2004 and the taking of all steps necessary to obtain the possession of those lands

By-law 37-2005: A by-law to approve the expropriation of land being Part of Lot 12, Concession 6, East of Hurontario Street, in the City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Part 2 on Reference Plan 43R-18881 and Part 1 on draft reference plan 03-28-837-04-B prepared by J.D. Barnes Limited dated May 20, 2004 and the taking of all steps necessary to obtain the possession of those lands

Moved by Councillor Palleschi,
Seconded by Councillor Prentice;

That the by-laws relating to the In Camera Matters - Item G1, being By-laws 2-2005 and 37-2005, be given the required number of readings, taken as read, signed by the Acting Regional Chair and the Regional Clerk, and that the Corporate Seal be affixed thereto.

Carried 2005-191

See also Resolutions 2005-179 and 2005-180



12. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL

Moved by Councillor Saito,
Seconded by Councillor Carlson;

That By-law 39-2005 to confirm the proceedings of Regional Council at its meeting held on February 17, 2005, and to authorize the execution of documents in accordance with the Region's by-laws relating thereto, be given the required number of readings, taken as read, signed by the Acting Regional Chair and the Regional Clerk, and that the Corporate Seal be affixed thereto.

Carried 2005-192


13. ADJOURNMENT

The meeting adjourned at 12:53 p.m.



 

C. Gravlev
_________________________
Regional Clerk
E. Adams
_________________________
Acting Regional Chair