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2008-06-16 City Council

Event date: Monday, June 16, 2008, at 6:30 PM
Location: Council Chambers

Agenda - Minutes

City Council Agenda
June 16, 2008 at 6:30 PM - Council Chambers

The Lords Prayer

Thirty Seconds Of Silent Prayer

National Anthem

Ceremonial Presentations

Sick Kids Foundation will present a certificate of appreciation to the Mayor and Members of City Council

PUSI Annual Presentation

1. Adoption of Minutes

Minutes of the meetings of Council held on:

a) May 26, 2008
b) June 3, 2008

2. Disclosure Of Pecuniary Interest

3. Delegations – Items on the Agenda

a) Planning Committee Report
None at this time.

b) Committee of the Whole Report
None at this time.

c) Other Items on this Agenda
None at this time.


4. Reports And Communications

a) Planning Committee Report No. 9
Planning Committee meeting of June 2, 2008

b) Committee of the Whole Report No. 14
Committee of the Whole meeting of June 9, 2008

5. Notice of Motion
None at this time.

6. By-Laws

08-107 Being A By-Law To Authorize The Acquisition Of The Lands Municipally Known As 124 Robinson Street And 109-½ Robinson Street, In The City Of Peterborough, In The County Of Peterborough

08-108 Being A By-Law To Stop Up And Close A Portion Of The Lane Shown On Plan 48Q, Shown As Parts 1 And 2 On Reference Plan 45R14345, In The City Of Peterborough, In The County Of Peterborough (Jane Street)

08-109 Being A By-Law To Authorize The Transfer Of Part Of The Lane Shown On Plan 48Q, Shown As Part 1 On Reference Plan 45R14345, In The City Of Peterborough, In The County Of Peterborough, To Lakebridge Developments Limited

08-110 Being A By-Law To Authorize The Transfer Of Part Of The Lane Shown On Plan 48Q, Shown As Part 2 On Reference Plan 45R14345, In The City Of Peterborough, In The County Of Peterborough, To Janelle Elizabeth Leal And Richard John Arthur Leal

08-111 Being A By-Law To Appoint Parking Enforcement Officers At 121 George Street North (Market Plaza); 1154 Chemong Road (Portage Place Shopping Centre); And 785 The Kingsway And 747, 749, 751, 753, 755, 759 Erskine Avenue (Cherney Realty)

08-112 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And McCormick Rankin Corporation For Construction Inspection And Contract Administration For The Rehabilitation Of Bonaccord And Park Street Bridges In The City Of Peterborough (T-22-08)

08-113 Being A By-Law To Amend The Zoning For 746 Jane Street

08-114 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And Urban And Environmental Management Inc. (P-17-08) For The Provision Of Engineering And Reporting Services For The Design And Operation Of The Peterborough Waste Management Facility For Five Years With Possible Renewal For Two Years

7. Other Business

8. By-Law To Approve Actions Of Council

08-115 Being A By-Law To Confirm The Proceedings Of The Council At Its Meeting Held On June 16, 2008

9. Adjournment


City Council Minutes
June 16, 2008 at 6:30 PM - Council Chambers

Meeting call to order at 6:30 p.m. in the Council Chambers.

Roll Call:
Councillor Doris
Councillor Eggleton
Councillor Farquharson
Councillor Hall
Councillor Martin
Councillor Pappas
Councillor Peacock
Councillor Peeters
Councillor Vass
Mayor Ayotte

Absent:
Councillor Clarke

Ceremonial Presentations

The Mayor introduced Dr. Rosana Pelizzari, new Medical Officer of Health for the Peterborough County-City Health Unit.

The Sick Kids Foundation presented a certificate of appreciation to the Mayor and Members of City Council.

City of Peterborough Holding Inc. provided an update on their annual financial report.

Moved by Councillor Peacock, seconded by Councillor Pappas

That the annual City of Peterborough Holdings Inc. presentation and consolidated financial report be approved; and

Whereas the Corporation of the City of Peterborough is the sole Shareholder of City of Peterborough Holdings Inc., and Council has determined that it is appropriate to pass the following resolution to fulfill the annual requirements of the Ontario Business Corporations Act;

Therefore, be it resolved that:

(a) The consolidated financial statements of City of Peterborough Holdings Inc. (the “Corporation”) for the fiscal year ended on December 31, 2007, together with the report of the auditors thereon, are hereby received and approved;

(b) The election of the following persons as Directors of the Corporation be and the same are hereby confirmed for the terms set out in prior resolutions of the Council of the Corporation of the City of Peterborough: Gary Lounsbury, Stephen Kylie, Clifford Maynes, Ernest Morrison, Janet Lafortune, David Nichols, Henry Clarke, Melvin Johnson, John Connolly, Brian Baker, and Paul Ayotte;

(c) The election of the following persons as Directors of Peterborough Distribution Inc. be and the same are hereby confirmed for the terms set out in prior resolutions of the Council of the Corporation of the City of Peterborough: Bryan Weir and Charles Kidd; and

(d) Collins Barrow Kawarthas LLP, Chartered Accountants, are hereby appointed auditors of the Corporation, until the next annual resolution of the Shareholder is signed or until their successors are duly appointed.

“CARRIED”


Moved by Councillor Pappas, seconded by Councillor Vass

That the Minutes of the meeting of Council held on May 26 and June 3rd, 2008, be confirmed.


“CARRIED”


Disclosure of Pecuniary Interest

There were no disclosures of pecuniary interest.

Delegations

Planning Committee Report

None at this time.

Committee of the Whole Report

Gord Young of Whittaker Street, Peterborough, representing Lakefield Heritage Research made a delegation regarding item 4 of Committee of Whole Report #14, Report CSD08-008 Market Hall 2008 Capital Budget Reallocation Request

John Kittle of Kingston made a delegation regarding item 6 of Committee of Whole Report #14, CORRESP08-038, Moratorium on Uranium Mining Exploration Resolution.

Other Items on this Agenda
None at this time.

Report Number 9 of the Planning Committee

Moved by Councillor Farquharson, seconded by Councillor Martin

That Report Number 9 of the Planning Committee Meeting of June 2, 2008 be approved.

"CARRIED"


Report Number 14 of the Committee of the Whole

Moved by Councillor Hall, seconded by Councillor Vass

That Report Number 14 of the Committee of Whole Meeting of June 9, 2008 be approved.

Item 1, Report PLPD08-047, Sale of City Property on Technology Drive

Moved by Councillor Vass. There was no seconder.

c) That Committee direct staff to discuss drainage issues related to this property with ORCA and Drain Bros. and provide recommendations as necessary to Committee in the future.

This item was not put to a vote.

Item 6 - CORRESP08-038 – Safe and Green Energy (SAGE)

Moved by Councillor Peacock, seconded by Councillor Pappas

That Item 6, CORRESP08-038 of Committee of Whole Report #14 be separated

"CARRIED"


Councillor Peacock requested a recorded vote on item 6, CORRESP08-038, Moratorium On Uranium Mineral Exploration, Mining And Related Processing In The Otonabee River Watershed.

Yea Nay
Councillor Doris
Councillor Eggleton
Councillor Farquharson
Councillor Martin
Councillor Peeters
Councillor Vass
Councillor Hall
Councillor Pappas
Councillor Peacock
Mayor Ayotte

“CARRIED”


Item 7 – Report COU08-004(A) Procedure By-Law Revisions

Moved by Councillor Hall, seconded by Councillor Peeters

That item 7, Report COU08-004(A) be separated for discussion and vote

“CARRIED”



Item 7, Committee of Whole Report 14 Report COU-08-004(A) Procedure By-Law Revisions

Moved by Councillor Hall, seconded by Councillor Peeters

That the following be deleted from Item 7, Committee of Whole Report 14, Report COU08-004(A):

That the Proposed Procedure By-Law be referred to a special meeting of Committee of the Whole in the Fall of 2008.

“LOST”


The Mayor stepped down from the chair to speak to Report COU-08-004A. Second Deputy Mayor Peacock assumed the chair.

Mayor Ayotte returned to the chair.

Councillor Vass requested an update regarding the various airport site visits conducted by the Acting Airport Manager.

Councillor Vass requested that other municipal airport documents be available to Council in hard copy. The Mayor offered to make his copies available.

Councillor Vass requested that staff provide information regarding the proposal made by Lakefield Heritage Research, item 4 of Committee of Whole Report #14, Report CSD08-008, Market Hall 2008 Capital Budget Reallocation Request.

Upon the Motion of Councillor Hall and Vass, less item #6, this motion carried.

Notice of Motion

There were no Notices of Motion.

By-Laws

Moved by Councillor Martin, seconded by Councillor Farquarharson

That the following by-laws be read a first, second and third time:

08-107 Being A By-Law To Authorize The Acquisition Of The Lands Municipally Known As 124 Robinson Street And 109-½ Robinson Street, In The City Of Peterborough, In The County Of Peterborough

08-108 Being A By-Law To Stop Up And Close A Portion Of The Lane Shown On Plan 48Q, Shown As Parts 1 And 2 On Reference Plan 45R14345, In The City Of Peterborough, In The County Of Peterborough (Jane Street)

08-109 Being A By-Law To Authorize The Transfer Of Part Of The Lane Shown On Plan 48Q, Shown As Part 1 On Reference Plan 45R14345, In The City Of Peterborough, In The County Of Peterborough, To Lakebridge Developments Limited

08-110 Being A By-Law To Authorize The Transfer Of Part Of The Lane Shown On Plan 48Q, Shown As Part 2 On Reference Plan 45R14345, In The City Of Peterborough, In The County Of Peterborough, To Janelle Elizabeth Leal And Richard John Arthur Leal


08-111 Being A By-Law To Appoint Parking Enforcement Officers At 121 George Street North (Market Plaza); 1154 Chemong Road (Portage Place Shopping Centre); And 785 The Kingsway And 747, 749, 751, 753, 755, 759 Erskine Avenue (Cherney Realty)

08-112 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And McCormick Rankin Corporation For Construction Inspection And Contract Administration For The Rehabilitation Of Bonaccord And Park Street Bridges In The City Of Peterborough (T-22-08)

08-113 Being A By-Law To Amend The Zoning For 746 Jane Street

08-114 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And Urban And Environmental Management Inc. (P-17-08) For The Provision Of Engineering And Reporting Services For The Design And Operation Of The Peterborough Waste Management Facility For Five Years With Possible Renewal For Two Years

"CARRIED"


Other Business

Moved by Councillor Vass, seconded by Councillor Pappas

That staff discuss the City’s ability to bring the Kawartha Cup back to Peterborough and that discussions with Mr. Avann commence.

“CARRIED”


Councillor Peeters requested to speak to the apology made by the Prime Minister to the Native Community.

The Mayor ruled this request ultra vires.

Moved by Councillor Hall, seconded by Councillor Peeters

That Councillor Hall be permitted to present a motion.

“CARRIED”


Moved by Councillor Hall, seconded by Councillor Vass

That Council address the definition of new business as it pertains to the Procedure By-Law at the next Committee of Whole meeting.

“LOST”


Confirmatory By-Law

Moved by Councillor Pappas, seconded by Councillor Peacock

That the following by-law be read a first, second and third time:

08-115 Being A By-Law To Confirm The Proceedings Of The Council At Its Meeting Held On June 16, 2008

and the said by-law, having been now read a third time and passed, the Mayor and Clerk be authorized to sign and seal the same.

“CARRIED”


Adjournment

Moved by Councillor Peacock, seconded by Councillor Pappas

That the meeting adjourn at 8:26 p.m.

“CARRIED”



John Kennedy
Deputy City Clerk



Paul Ayotte
Mayor






PLANNING COMMITTEE REPORT NO. 9
JUNE 2, 2008

TO THE COUNCIL OF THE CITY OF PETERBOROUGH, FOR CONSIDERATION AT ITS MEETING HELD JUNE 16, 2008

THE PLANNING COMMITTEE, AS A RESULT OF ITS MEETING HELD ON MONDAY, JUNE 2, 2008, RECOMMENDS AS FOLLOWS:

1. Director of Planning and Development Services
Report PLPD08-011A
Extension to Draft Plan of Subdivision Approval
For Draft Plan of Subdivision 15T-98502, 1244 Dafoe Drive

That Council approve the recommendation outlined in Report PLPD08-011A dated June 2, 2008, of the Director of Planning and Development Services, as follows:

That Draft Plan of Subdivision Approval for Plan 15T-98502 be extended for a period of eight months, to lapse on February 25, 2009 to allow staff sufficient time to undertake a comprehensive review of the approved Plan of Subdivision and bring forward a modified draft plan and conditions for approval through a public process pursuant to the Planning Act.

2. Director of Planning and Development Services
Report PLPD08-043
746 Jane Street

That Council approve the recommendations outlined in Report PLPD08-043 dated June 2, 2008, of the Director of Planning and Development Services, as follows:

a) That Zoning By-Law #1997-123 be amended by adding Exception 23 to Section 6.12 in accordance with Exhibit ‘C’ to Report PLPD08-043.

b) That the zoning of the subject property, be amended from the SP.339 – Special District Residential to R.1,1r,4j – ‘H’ in accordance with Exhibit ‘C’ to Report PLPD08-043.

c) That the ‘H’ Holding Symbol be removed upon the review and approval of a proposed concept plan by the Planner of Urban Design.

All of which is respectfully submitted,


Councillor Farquharson
Chairman
June 2, 2008


COMMITTEE OF THE WHOLE REPORT NO. 14
MEETING OF JUNE 9, 2008

TO THE COUNCIL OF THE CITY OF PETERBOROUGH FOR CONSIDERATION AT ITS MEETING HELD JUNE 16, 2008

THE COMMITTEE OF THE WHOLE, AS A RESULT OF ITS MEETING HELD ON JUNE 9, 2008, RECOMMENDS AS FOLLOWS:

1. Director of Planning and Development Services
Report PLPD08-047
Sale of City Property on Technology Drive

That Council approve the recommendations outlined in Report PLPD08-047 dated June 9, 2008, of the Director of Planning and Development Services as follows:

a) That a by-law be passed to authorize the sale of approximately 7.2 acres at the north west corner of 1900 Technology Drive, to Drain Bros. Excavating Limited for $2.00 in return for the design, servicing and construction of a new public street illustrated on Appendix A to Report PLPD08-047, and the completion of a fill program on the 7.2 acre parcel to the satisfaction of the City, subject to rezoning.

b) That under section 29(4) of the City’s Purchasing Policy By-Law 06-175, Council authorize the single-source procurement of additional fill and compaction services to prepare additional lots for sale concurrent with the development of the new public street on 1900 Technology Drive from Drain Brothers Excavating Limited, R.R. #2 Lakefield, ON K0L 2H0, for a total amount not to exceed $100,000, including PST and net of GST.

c) That Committee direct staff to discuss drainage issues related to this property with ORCA and Drain Bros. and provide recommendations as necessary to Committee in the future.


2. Director of Utility Services
Report USWM08-011
Award of P-17-08 Engineering and Reporting Services for the Peterborough Waste Management Facility

That Council approve the recommendations outlined in Report USWM08-011, dated June 9, 2008, of the Director of Utility Services, as follows:

a) That RFP P-17-08, to provide engineering and reporting services for the Peterborough County/City Waste Management Facility for the five-year period from July 1, 2008 to June 30, 2013, be awarded to Urban & Environmental Management Inc., 5100 Orbitor Drive, Suite 300 Mississauga, Ontario L4W 4Z4 and Jagger Hims Limited, 294 Rink Street, Suite 103 Peterborough, Ontario K9J 2K2 at an estimated cost of $856,284, (PST not applicable) plus GST of $42,814, for a total estimate of $899,098; and
b) That a by-law be passed authorizing the Mayor and Clerk to sign and seal the contract documents.


3. Senior Director of Corporate Services
Report CPFRAS08-007
Bridge Financing to Peterborough Housing Corporation for Anson House Project

That Council approve the recommendations outlined in Report CPFRAS08-007, dated June 9, 2008 of the Senior Director of Corporate Services as follows:

a) That the City of Peterborough provide up to $1.9 million bridge financing required during the construction period for the Peterborough Housing Corporation (PHC) Anson House Project.

b) That a promissory note be prepared and signed for each advance payment made to PHC which will bear a flexible interest rate based on the Royal Bank daily prime rate less 0.50%, compounded monthly, and which will become due and payable to the City of Peterborough, together with accumulated interest when construction is complete and the take out mortgage can be secured.

4. Director of Community Services
Report CSD08-008
Market Hall 2008 Capital Budget Reallocation Request

That Council approve the recommendations outlined in Report CSD08-008 dated June 9, 2008, of the Director of Community Services as follows:

a) That the work on the west storefronts of Market Hall proceed in 2008;

b) That applicable sections of the City’s Purchasing By-Law 06-175, which would require a competitive procurement process be undertaken to complete the architect services on the west ground floor of Market Hall, be waived;

c) That architect services from Trevelyan Architect, 379 George Street North, Peterborough, ON, K9H 3R2 at a total cost of $18,000, PST not applicable, plus $900 GST for a total of $18,900, be approved; and

d) That $297,720 to fund the project be drawn from the Capital Levy Reserve.

e) That staff be directed to proceed with project tendering to establish firm cost estimates for Council’s consideration.

5. Director of Utility Services
Report USEC08-013
Budget Increase and Award of Tender T-22-08 for the Rehabilitation of the Bonaccord Street and Park Street North Bridges over Jackson Creek

That Council approve the recommendations outlined in Report USEC08-013 dated June 9, 2008, of the Director of Utility Services, as follows:

a) That the 2007 Capital Budget Project 5-4.04 for rehabilitation of the Bonaccord Street Bridge over Jackson Creek be increased from $280,600 to $643,539 and that the additional $362,939 be transferred from the Federal Gas Tax Reserve;


b) That the 2007 Capital Budget Project 5-4.05 for rehabilitation of the Park Street North Bridge over Jackson Creek be increased from $488,000 to $715,648 and that the additional $227,648 be transferred from the Federal Gas Tax Reserve ($127,648) and the Bridge Reserve Fund ($100,000);

c) That Tender T-22-08, for the rehabilitation of the Bonaccord Street and Park Street North bridges over Jackson Creek be awarded to ConCreate USL Limited, 135 Commercial Road, Bolton, Ontario, L7E 1R6 at a cost of $1,235,625.00 (PST not applicable) plus GST of $61,781.25 for a total of $1,297,406.25; and

d) That McCormick Rankin Corporation, 920 Princess Street, Suite 101, Kingston, Ontario, K7L 1H1 be retained to provide construction inspection and contract administration services during the construction phase, at a cost of $75,652.00 (PST not applicable) plus GST of $3,782.60 for a total cost of $79,434.60.

6. CORRESP08-038
Roy Brady of Safe and Green Energy (SAGE)
Moratorium On Uranium Mineral Exploration, Mining And Related Processing In The Otonabee River Watershed

That the resolution from Safe and Green Energy requesting the City of Peterborough petitioning the Province of Ontario to initiate a moratorium on uranium mineral exploration and related processing in the Otonabee River watershed and to undertake an immediate, comprehensive, public review to amend the Mining Act, 1990 and that City Council endorse the correspondence in its entirety along with the attached resolution as follows:

NOW THEREFORE BE IT RESOLVED THAT Council for the City of Peterborough:

1. Petition the Province of Ontario and Premier Dalton McGuinty to initiate an immediate moratorium on uranium mineral exploration, mining and related processing in the Otonabee River watershed and across the Province of Ontario until such time as all environmental and health issues related to uranium mining are resolved;

2. Petition the Province of Ontario to undertake an immediate, comprehensive, public review of the Mining Act, 1990, with a view to curtailing the present system whereby the sub-surface rights of mineral claims dominate the surface rights of private landowners, and whereby Provincial land-use policies for Crown land gives overriding priority to mining and mineral resource development.

AND FURTHER THAT a copy of this resolution be forwarded to AMO, the Premier of Ontario, to the Ontario Minister of Northern Development and Mines, the Ontario Minister of Natural Resources, Barry Devolin - MP Haliburton-Kawartha Lakes-Brock, Laurie Scott - MPP Haliburton-Kawartha Lakes-Brock, Dean Del Mastro - MP Peterborough, and Jeff Leal - MPP Peterborough.

7. Mayor Ayotte
Report COU-08-004(A)
Procedure By-Law Revisions

That the Proposed Procedure By-Law be referred to a special meeting of Committee of the Whole in the Fall of 2008.



8. Peterborough Municipal Airport

That this item be referred to the next Committee of the Whole meeting.






All of which is respectfully submitted,

Councillor Hall
Chairman
June 9, 2008