April 24, 2014 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
6-13. Staff Reports and Communications
     
14. By-laws
15. Other Business
16. Notices of Motion
17. In Camera Matters
18. By-laws Relating to In Camera Matters
19. By-law to Confirm the Proceedings of Council
20. Adjournment

THE COUNCIL OF
THE REGIONAL MUNICIPALITY OF PEEL
April 24, 2014

Acting Regional Chair Saito called the meeting of Regional Council to order at 9:32 a.m. in the Council Chamber, Regional Administrative Headquarters, 10 Peel Centre Drive, Suite A, Brampton.


1. PRAYER AND ROLL CALL

Councillor Miles recited the prayer.

  Members Present: G. Carlson
B. Crombie*
F. Dale
S. Fennell*
P. Foley
C. Fonseca
S. Hames
N. Iannicca*
K. Mahoney
H. McCallion
S. McFadden
G. Miles
E. Moore
P. Mullin
P. Palleschi
R. Paterak
P. Saito
J. Sanderson
J. Sprovieri
R. Starr
A. Thompson
R. Whitehead
       
  Members Absent: E. Kolb
M. Morrison
J. Tovey

(personal matter)
(personal matter)
(Illness)
       
  Also Present: D. Szwarc, Chief Administrative Officer; J. Macintyre, Acting Commissioner of Employee and Business Services; D. Bingham, Acting Chief Financial Officer and Commissioner of Corporate Services; P. O'Connor, Regional Solicitor and Director, Legal and Risk Management; D. Labrecque, Commissioner of Public Works; J. Menard, Commissioner of Human Services; J. Smith, Commissioner of Health Services; Dr. E. de Villa, Acting Medical Officer of Health; K. Lockyer, Regional Clerk and Director of Clerk's; C. Thomson, Legislative Specialist; S. Singh, Legislative Technical Coordinator; V. Montesdeoca, Legislative Technical Coordinator

___________________________________

*See text for arrivals
¨See text for departures

2. DECLARATIONS OF CONFLICTS OF INTEREST

Councillor McCallion declared a conflict of interest with respect to In Camera Matters - Item 17.1, due to a personal interest in the matter.


3. APPROVAL OF MINUTES

3.1. April 10, 2014, Regional Council Meeting

Moved by Councillor Fonseca,
Seconded by Councillor Thompson;

That the minutes of the Regional Council meeting held on April 10, 2014 be approved.

Carried 2014-344


4.
APPROVAL OF AGENDA

Moved by Councillor Sanderson,
Seconded by Councillor Starr;

That Items Related to Management - Item 6.1, listed on the agenda for the April 24, 2014 Regional Council meeting be withdrawn;

And further, that the agenda for the April 24, 2014 Regional Council meeting include an additional communication from Alan Young, Senior Associate, Weston Consulting, on behalf of Wyndcliffe Developments Inc., providing comments on the South Albion-Bolton Employment Land and North Hill Supermarket Settlement Boundary Expansion, to be dealt with under Items Related to Public Works - Item 9.3;

And further, that the agenda for the April 24, 2014 Regional Council meeting include an additional communication from Frances K. Macklin, Partner, Gowling Lafleur Henderson LLP, on behalf of BoltCol Holdings North Inc. and BoltCol Holdings South Inc., regarding a Proposed Amendment to the Region of Peel Official Plan, to be dealt with under Items Related to Public Works - Item 9.4;

And further, that the agenda for the April 24, 2014 Regional Council meeting include an additional communication from Robert D. Howe, Solicitor, Goodmans LLP, on behalf of Canadian Tire Corporation Limited, regarding a Proposed Amendment to the Region of Peel Official Plan, to be dealt with under Items Related to Public Works - Item 9.5;

And further, that the agenda for the April 24, 2014, Regional Council meeting be approved, as amended.

Carried 2014-345

See also Resolutions 2014-362 to 2014-364 inclusive

5. DELEGATIONS

5.1. Kendrick Doll, Natural Heritage Coordinator, Ontario Heritage Trust (OHT), Beth Gilhespy, Executive Director, The Bruce Trail Conservancy (BTC), and Sally Rook, Project Manager, Region of Peel, Regarding Project and Related Upgrades Planned for the Badlands Site and to Request Funds for a Parking Lot at Cheltenham Badlands

Received 2014-346

See also Resolution 2014-347

A copy of the presentation is available from the Office of the Regional Clerk.

Kendrick Doll, Natural Heritage Coordinator, Ontario Heritage Trust (OTC), Beth Gilhespy, Executive Director, The Bruce Trail Conservancy (BTC) and Sally Rook, Project Manager, Region of Peel, provided an overview of a conceptual design to address safety issues on Olde Base Line Road (Regional Road 12), in the Town of Caledon where the Cheltenham Badlands are located. The Badlands are owned by the OTC and are managed by the BTC who worked in partnership with the Region of Peel to develop a pedestrian and vehicle traffic strategy. Regional Council was requested to approve funding for Phase 2 of the strategy which will build on the work completed to date and complete the detailed design and construction.

Members of Regional Council commended the members of the OTC and BTC, for their efforts to address safety concerns associated with the high volume of pedestrians and vehicular traffic in the area of the Cheltenham Badlands.

Councillor Paterak advised that the Town of Caledon had recently named the Caledon Hills Bruce Trail Club as the recipient of its Annual Environmentalist Recognition Award.

Councillor Fennell arrived at 9:35 a.m.
Councillor Crombie arrived at 9:40 a.m.
Councillor Iannicca arrived at 9:42 a.m.

Items Related to Public Works - Item 8.3 was dealt with.

8.3. Cheltenham Badlands Site Safety and Parking Regional Road 12 (Olde Base Line Road) Town of Caledon, Ward 2

Moved by Councillor Thompson,
Seconded by Councillor Paterak;

That the Cheltenham Badlands parking lot construction for $1.0 million presented as a pending item in the 2014 Capital Budget under Capital Project 14-4007, financed from Roads Capital Financing Stabilization Reserve (R0210), be approved.

Carried 2014-347

See also Resolution 2014-346

5.2. Dr. Harry Earle, Senior Medical Director, Long Term Care Division, Region of Peel, Presenting the Annual Reports of the Medical Directors of the Region of Peel's Long Term Care Centres

Received 2014-348

See also Resolution 2014-349

A copy of the presentation is available from the Office of the Regional Clerk.

Dr. Harry Earle, Senior Medical Director, Long Term Care Division, presented the 2013 Annual Reports of the Long Term Care Medical Directors, which the changing profile of the Region of Peel's long term care residents, as well as 2013 achievements.

Councillor Fennell commended the quality of care provided to residents of the Region of Peel's Long Term Care Centres.

Items Related to Health - Item 10.2 was dealt with.

10.2. 2013 Annual Reports of the Long Term Care Medical Directors

Received 2014-349

See also Resolution 2014-346

In response to a question from Councillor Foley, Janette Smith, Commissioner of Health Services, advised that provincial legislation does not require Long Term Care Centre staff to have influenza immunization. If there is an outbreak in the long term care home, policy requires staff who are not vaccinated to take anti-viral medication or they are excluded from working.

5.3. Deborah Martin-Downs, Chief Administrative Officer, Credit Valley Conservation, Recognizing the 60th Anniversary of Credit Valley Conservation

Received 2014-350

A copy of the presentation is available from the Office of the Regional Clerk.

Deborah Martin-Downs, Chief Administrative Officer, Credit Valley Conservation (CVC), advised that the CVC would be celebrating its 60th Anniversary on May 13, 2014 and provided a history of conserving the Credit Watershed.

Councillor Mullin acknowledged the Region of Peel's financial support of the CVC, as well as, the Members of Regional Council who have served on the CVC Board of Directors.


6. ITEMS RELATED TO MANAGEMENT
Chaired by Councillor R. Whitehead

6.1. Peel 2041 Regional Official Plan Review - Draft Regional Official Plan Amendment 27 Proposing Changes Related to Growth Management, Age-Friendly Planning, Housing, Health and the Built Environment, Minor Editorial Changes and Administrative Updates

This item was withdrawn under Resolution 2014-345

6.2. Results of Inquiries - Prosecution of CRA Employee - Overbroad Press Reference to 'Peel Developers'

Deferred to a future meeting of Regional Council 2014-351

6.3. Enbridge Gas Distribution Inc. - Model Franchise Agreement for Provision of Natural Gas within Peel Region and Use of Regional Highways for Gas Pipelines

Moved by Councillor Palleschi,
Seconded by Councillor Hames;

That the By-law, which includes the Franchise Agreement and is attached as Appendix I to the joint report of the Commissioner of Public Works, Acting Commissioner of Employee and Business Services, and the Regional Solicitor, titled "Enbridge Gas Distribution Inc. - Model Franchise Agreement for Provision of Natural Gas within Peel Region and Use of Regional Highways for Gas Pipelines", be approved in form and substance, and be submitted to the Ontario Energy Board for approval pursuant to the provisions of Section 9 of the Municipal Franchises Act;

And further, that the Ontario Energy Board be requested to make an order dispensing with the assent of municipal electors to the By-law pursuant to the provisions of Section 9(4) of the Municipal Franchises Act, under application made by Enbridge Gas Distribution Inc. ("Enbridge") at its own expense;

And further, that following receipt of the necessary approval of the By-law by the Ontario Energy Board, the By-law in the form attached as Appendix I to the subject report, be presented to Regional Council for enactment;

And further, that the Regional Clerk, or other approved signing officers be authorized to execute the Franchise Agreement in a form substantially similar to the form attached as Appendix I to the subject report, and as approved for execution by the Regional Solicitor, following approval of same by the Ontario Energy Board.

Carried 2014-352

6.4. 2014 Debenture Borrowing Approval

Moved by Councillor McFadden,
Seconded by Councillor Starr;

That the Chief Financial Officer and Commissioner of Corporate Services ("CFO") be authorized to negotiate the issuance of debentures in the maximum principal amount of $36.7 million on behalf of the City of Mississauga for a term not to exceed 16 years and at an average rate not to exceed 4.5 per cent.

Carried 2014-353

6.5. Peel Art Gallery, Museum and Archives (PAMA) Update

Received 2014-354

6.6. Verint Impact 360 Version 11 Upgrade Document Number 1-2014-149N

Moved by Councillor Fonseca,
Seconded by Councillor Moore;

That the Director of Purchasing, upon successful negotiation with Verint Americas Inc., be authorized to award the contract (Document 2014-149N) for the supply of Verint Impact 360 Version 11 Upgrade and related services to Verint Americas Inc. in the estimated amount of $410,000 US (excluding applicable taxes), in accordance with Purchasing By-law 113-2013;

And further, that the Director of Purchasing be authorized to extend the contract for software maintenance and support in the estimated annual amount of $16,722 US (excluding applicable taxes), based on satisfactory performance and price, for the duration of the time period that the Region continues to utilize this software;

And further, that the Director of Purchasing be authorized to increase or extend Verint Americas Inc. contract for similar requirements, where actual requirements exceed the estimates;

And further, that the Commissioner of Employee and Business Services be authorized to execute the required agreements with Verint Americas Inc., together with such further documents that may be required.

Carried 2014-355


7. COMMUNICATIONS

7.1. Media Release: From Association of Municipalities Ontario (AMO), Received April 2, 2014, Regarding the Ontario Legislative Assembly Motion to Put Aside Bill 69: The Prompt Payment Act

Received 2014-356


8. ITEMS RELATED TO PUBLIC WORKS
Chaired by Councillor A. Thompson

8.1. Municipal Drinking Water Licensing Program - License Renewal and Update to the Financial Plan

Moved by Councillor Starr,
Seconded by Councillor McCallion;

That the Financial Plan (2014-2019) Number 009-301A, attached as Appendix I to the joint report of the Commissioner of Public Works and Chief Financial Officer and Commissioner of Corporate Services titled "Municipal Drinking Water Licensing Program - License Renewal and Update to the Financial Plan", demonstrating Peel's long term strategy to financial sustainability of its municipal drinking water systems be endorsed to satisfy the requirements of the Ontario Regulation 453/07 (Financial Plans) under the Safe Drinking Water Act, 2002 (SDWA).

Carried 2014-357

8.2. South Albion-Bolton Employment Land and North Hill Supermarket Settlement Expansion - Regional Official Plan Amendment Application (ROP-10-002C) by the Town of Caledon

Moved by Councillor Dale,
Seconded by Councillor Whitehead;

That the Peel Region Official Plan be amended to expand the Rural Service Centre boundary for Bolton by a total 200.1 hectares; 196.75 hectares to accommodate the Town of Caledon's employment land needs and by 3.35 hectares to accommodate the Town of Caledon's commercial land needs;

And further, that the Regional Official Plan Amendment that is attached as Appendix I to the report of the Commissioner of Public Works titled "South Albion-Bolton Employment Land and North Hill Supermarket Settlement Expansion - Regional Official Plan Amendment Application (ROP-10-002C) by the Town of Caledon", be adopted;

And further, that a copy of the subject amendment together with this resolution be forwarded to the Ministry of Municipal Affairs and Housing, Town of Caledon, City of Brampton and City of Mississauga;

And further, that the necessary by-law to amend the Regional Official Plan be presented for enactment.

Carried 2014-358

See also Resolutions 2014-362 to 2014-365 inclusive and 2014-373

Moved by Councillor Whitehead,
Seconded by Councillor Paterak;

That the agenda for the April 24, 2014 Regional Council meeting include an additional communication from Marolyn Morrison, Mayor, Town of Caledon, regarding the South Albion-Bolton Settlement Area Boundary Expansion for Employment Land and North Hill Supermarket, to be dealt with under Items Related to Public Works - Item 9.6;

And further, that the agenda for the April 24, 2014 Regional Council meeting include an additional communication from Kim Seipt, Treasurer, Your Voice for Bolton, regarding the Proposed Official Plan Amendment - Town of Caledon Application for the South Albion-Bolton Employment Land and North Hill Supermarket Site Settlement Boundary Expansion (ROP-10-002C), to be dealt with under Items Related to Public Works - Item 9.7.

Carried 2014-359

See also Resolutions 2014-365 and 2014-366

Items Related to Public Works - Items 9.1 to 9.2 inclusive were dealt with.

9. COMMUNICATIONS

9.1. Denis Kelly, Regional Clerk, York Region, Letter dated March 28, 2014, Responding to the Region of Peel Letter and Resolution dated January 30, 2014 Regarding "Provincial Transportation Initiatives Update" with Direction to York Staff to Report back to their Council on Similar Transportation Initiatives in York

Received 2014-360

9.2. Carey deGorter, Town Clerk, Town of Caledon, Letter dated April 2, 2014, Providing a Copy of the Town of Caledon Report and Resolution titled "Proposing a Town-Initiated Official Plan Amendment: Agriculture-related Uses"

Received 2014-361

Additional Items - Items 9.3 to 9.7 inclusive were dealt with.

9.3. Alan Young, Senior Associate, Weston Consulting, on behalf of Wyndcliffe Developments Inc., Letter dated April 23, 2014, Providing Comments to the South Albion-Bolton Employment Land and North Hill Supermarket Settlement Boundary Expansion Recommendation Report (ROP-10-002C)

Received 2014-362

See also Resolutions 2014-345, 2014-358, 2014-363 to 2014-366 inclusive and 2014-373

9.4. Frances K. Macklin, Partner, Gowling Lafleur Henderson LLP, on behalf of BoltCol Holdings North Inc. and BoltCol Holdings South Inc., Letter dated April 23, 2014, Regarding the Proposed Amendment to the Region of Peel Official Plan ROP-10-002

Received 2014-363

See also Resolutions 2014-345, 2014-358, 2014-362, 2014-364 to 2014-366 inclusive and 2014-373

9.5. Robert D. Howe, Solicitor, Goodmans LLP, on behalf of Canadian Tire Corporation Limited, Letter dated April 23, 2014, Regarding the Proposed Amendment to the Region of Peel Official Plan Application by the Town of Caledon (ROP-10-002C), Bolton Rural Service Area, South Albion-Bolton Employment Land Settlement Expansion

Received 2014-364

See also Resolutions 2014-345, 2014-358, 2014-362, 2014-363, 2014-365, 2014-366 and 2014-373

9.6 Marolyn Morrison, Mayor, Town of Caledon, Email dated April 23, 2014, Regarding the South Albion-Bolton Settlement Area Boundary Expansion for Employment Land and North Hill Supermarket

Received 2014-365

See also Resolutions 2014-358 to 2014-364 inclusive, 2014-366 and 2014-373

9.7. Kim Seipt, Treasurer, Your Voice for Bolton, Email dated April 23, 2014, Regarding the Proposed Official Plan Amendment - Town of Caledon Application for the South Albion-Bolton Employment Land and North Hill Supermarket Site Settlement Boundary Expansion (ROP-10-002C)

Received 2014-366

See also Resolutions 2014-358 to 2014-365 inclusive and 2014-373

8.3. Cheltenham Badlands Site Safety and Parking Regional Road 12 (Olde Base Line Road) Town of Caledon, Ward 2

This item was dealt with under Resolution 2014-347

8.4. Overview of Various Organizations Dealing with Transportation Issues

Received 2014-367

8.5. Consulting Engineering Services for the Update and Calibration of the Region of Peel Hydraulic Wastewater Model Capital Project 13-2502 Document 2013-711P

Moved by Councillor Miles,
Seconded by Councillor Foley;

That the contract (Document 2013-711P) for professional engineering services for the Update and Calibration of the Region of Peel Hydraulic Wastewater Model be awarded to XCG Consultants Ltd. and Blue Plan Engineering Consultants Ltd. in the amount of $824,885 (excluding applicable taxes), in accordance with Purchasing By-law 113-2013.

Carried 2014-368


9. COMMUNICATIONS

9.1. Denis Kelly, Regional Clerk, York Region, Letter dated March 28, 2014, Responding to the Region of Peel Letter and Resolution dated January 30, 2014 Regarding "Provincial Transportation Initiatives Update" with Direction to York Staff to Report back to their Council on Similar Transportation Initiatives in York

This item was dealt with under Resolution 2014-360

9.2. Carey deGorter, Town Clerk, Town of Caledon, Letter dated April 2, 2014, Providing a Copy of the Town of Caledon Report and Resolution titled "Proposing a Town-Initiated Official Plan Amendment: Agriculture-related Uses"

This item was dealt with under Resolution 2014-361

Additional Items - Item 9.3 to 9.7 inclusive:

9.3. Alan Young, Senior Associate, Weston Consulting, on behalf of Wyndcliffe Developments Inc., Letter dated April 23, 2014, Providing Comments to the South Albion-Bolton Employment Land and North Hill Supermarket Settlement Boundary Expansion Recommendation Report (ROP-10-002C)

This item was dealt with under Resolution 2014-362

9.4. Frances K. Macklin, Partner, Gowling Lafleur Henderson LLP, on behalf of BoltCol Holdings North Inc. and BoltCol Holdings South Inc., Letter dated April 23, 2014, Regarding the Proposed Amendment to the Region of Peel Official Plan ROP-10-002

This item was dealt with under Resolution 2014-363

9.5. Robert D. Howe, Solicitor, Goodmans LLP, on behalf of Canadian Tire Corporation Limited, Letter dated April 23, 2014, Regarding the Proposed Amendment to the Region of Peel Official Plan Application by the Town of Caledon (ROP-10-002C), Bolton Rural Service Area, South Albion-Bolton Employment Land Settlement Expansion

This item was dealt with under Resolution 2014-364

9.6. Marolyn Morrison, Mayor, Town of Caledon, Email dated April 23, 2014, Regarding the South Albion-Bolton Settlement Area Boundary Expansion for Employment Land and North Hill Supermarket

This item was dealt with under Resolution 2014-365

9.7. Kim Seipt, Treasurer, Your Voice for Bolton, Email dated April 23, 2014, Regarding the Proposed Official Plan Amendment - Town of Caledon Application for the South Albion-Bolton Employment Land and North Hill Supermarket Site Settlement Boundary Expansion (ROP-10-002C)

This item was dealt with under Resolution 2014-366


10. ITEMS RELATED TO HEALTH
Chaired by Councillor E. Moore

10.1. 2014 Youth Violence Prevention Update

Received 2014-369

10.2. 2013 Annual Reports of the Long Term Care Medical Directors

This item was dealt with under Resolution 2014-349

10.3. Contraband Tobacco Use in the Region of Peel

Received 2014-370

10.4. Parent Experience Study

Received 2014-371


11. COMMUNICATIONS

11.1. Deb Matthews, Minister of Health and Long-Term Care, Letter dated March 18, 2014, Responding to Regional Chair Kolb's letter Regarding Ministry Reimbursement for the Universal Influenza Immunization Program (UIIP)

Received 2014-372


12. ITEMS RELATED TO HUMAN SERVICES - Nil


13. COMMUNICATIONS - Nil


14. BY-LAWS

Three Readings:

By-law 35-2014: A by-law to accept, assume and dedicate lands for public highway purposes.

By-law 36-2014: A by-law to adopt Amendment Number 28 to the Region of Peel Official Plan in order to amend policies, schedules and figures related to the expansion of the Rural Service Centre Boundary for Bolton.

Moved by Councillor Palleschi,
Seconded by Councillor Folley;

That the by-laws listed on the Regional Council agenda, being By-laws 35-2014 and 36-2014, be given the required number of readings, taken as read, signed by the Regional Chair and the Regional Clerk, and the Corporate Seal be affixed thereto.

Carried 2014-373

See also Resolutions 2014-358 and 2014-362 to 2014-364


15. OTHER BUSINESS - Nil

16. NOTICES OF MOTION - Nil


17. IN CAMERA MATTERS

Council opted not to move into closed session to consider the following items:

Councillor McCallion exited the room at 10:40 a.m., due to her declared conflict of interest with respect to Item 17.1.

17.1. Litigation or Potential Litigation (Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board)

Moved by Councillor Starr,
Seconded by Councillor Palleschi;

That the Regional Solicitor be instructed to take such steps as in his judgment will effectively balance costs and benefits towards the enforcement against Elias Hazineh of the $170,000.00 award of costs made against him in Hazineh v. McCallion and assigned to the Region of Peel in connection with its indemnification of Mayor Hazel McCallion.

Carried 2014-374

17.2. Proposed Lease Extension - Morguard Corporation and Bramalea City Centre Equities Inc. (A proposed or pending acquisition or disposition of land by the municipality or local board)

Moved by Councillor Starr,
Seconded by Councillor Palleschi;

That The Regional Municipality of Peel, as Tenant, enter into a Lease Amendment Agreement with Morguard Corporation and Bramalea City Centre Equities Inc., collectively as Landlord, for approximately 6,185 square feet (574.61 square metres) of space at 40-44 Peel Centre Drive, Suites 202 and 400A, City of Brampton, to extend the existing Lease for an additional one (1) year term commencing October 1, 2014 and terminating September 30, 2015;

And further, that the funds for and associated with the Lease Amendment Agreement be provided from Cost Centre GW20204;

And further, that the Director of Real Property Asset Management be authorized to execute the Lease Amending Agreement and any ancillary documents as approved by the Regional Solicitor.

Carried 2014-375


18. BY-LAWS RELATING TO IN CAMERA MATTERS
- Nil


19. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL

Moved by Councillor Sanderson,
Seconded by Councillor Fennell;

That By-law 37-2014 to confirm the proceedings of Regional Council at its meeting held on April 24, 2014, and to authorize the execution of documents in accordance with the Region of Peel by-laws relating thereto, be given the required number of readings, taken as read, signed by the Regional Chair and the Regional Clerk, and the Corporate Seal be affixed thereto.

Carried 2014-376


20. ADJOURNMENT

The meeting adjourned at 10:43 a.m.





K. Lockyer
_________________________
Regional Clerk

P. Saito
_________________________
Acting Regional Chair