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2008-09-15 - City Council

Event date: Monday, September 15, 2008, at 6:30 PM
Location: Council Chambers

Agenda - Minutes

City Council Agenda
September 15, 2008 at 6:30 PM - Council Chambers

The Lords Prayer

Thirty Seconds Of Silent Prayer

National Anthem

Ceremonial Presentations – Peterborough Fire Service – Fighting Fires in Peterborough Book

1. Adoption of Minutes

Minutes of the meetings of Council held on:

a) August 11, 2008

2. Disclosure Of Pecuniary Interest

3. Delegations – Items on the Agenda

a) Planning Committee Report

John Baker will make a delegation regarding item 1 of Planning Committee Report 12 (Re-Development Of Land Owned By Trent Severn Waterway – Parks Canada Adjacent To Lock 20 At Little Lake)

Kevin Duguay will make a delegation regarding item 2 of Planning Committee Report 12 (Report PLPD08-067 - Rezoning 901 Lansdowne Street West)

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) Audit Committee Report No. 2
Audit Committee meeting of August 11, 2008

b) Planning Committee Report No. 12
Planning Committee meeting of September 2, 2008

c) Committee of the Whole Report No. 19
Committee of the Whole meeting of September 8, 2008

5. Notice of Motion

None.

6. By-Laws

08-147 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And Morrison Hershfield Limited For The Consulting Services To Complete The Update To The 2002 Comprehensive Transportation Plan. (P-21-08)

08-148 Being A By-Law To Authorize The Mayor And Clerk To Sign A Letter Of Agreement Between The Ministry Of Transportation For The Province Of Ontario And The Corporation Of The City Of Peterborough For Funding Under The Ontario Bus Replacement Program

08-149 Being A By-Law To Authorize The Borrowing Upon Amortizing Debentures In The Principal Amount Of $7,876,800.00 Towards The Cost Of Certain Capital Works Of The Corporation Of The City Of Peterborough

08-150 Being A By-Law To Amend 901 Lansdowne Street West

08-151 Being A By-Law To Amend 1850 And 1900 Technology Drive


08-152 Being A By-Law To Adopt Amendment No. 139 To The Official Plan Of The City Of Peterborough For Part Of The Properties At 2300 Marsdale Drive And 2150 Television Road (Extension Of Marsdale Drive And Foxmeadow Road)

08-153 A By-Law To Amend The Zoning By-Law For Part Of The Properties At 2300 Marsdale Drive And 2150 Television Road (Extension Of Marsdale Drive And Foxmeadow Road)

7. Other Business

8. By-Law To Approve Actions Of Council

08-154 Being A By-Law To Confirm The Proceedings Of The Council At Its Meeting Held On September 15, 2008

9. Adjournment

Currently Unavailable.


City Council Minutes
September 15, 2008 at 6:30 PM - Council Chambers

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

Ceremonial Presentations

Peterborough Fire Service presented the Fighting Fires in Peterborough Book to Mayor Ayotte and members of Council. Maureen Crowley and members of the Committee provided a short presentation.

Confirmation of Minutes

Moved by Councillor Clarke, seconded by Councillor Pappas

That the minutes of the meeting of Council held on August 11, 2008, be confirmed.

“CARRIED”

Disclosure of Pecuniary Interest

Councillor Clarke declared an interest in item 14 of Committee of the Whole Report 19 (CORRESP08-047 Town of Milton - aluminium Cans and Plastic Drink Containers), as his employer is a company of Pepsi.

Delegations

Audit Committee

There were no delegations.

Planning Committee

John Baker, 450 George Street South made a delegation regarding item 1 of Planning Committee Report 12 (Re-Development Of Land Owned By Trent Severn Waterway – Parks Canada Adjacent To Lock 20 At Little Lake)

Kevin Duguay made a delegation regarding item 2 of Planning Committee Report 12 (Report PLPD08-067 - Rezoning 901 Lansdowne Street West)

Erica Cherney, 99 Roper Drive, Peterborough made a delegation regarding item 2 of Planning Committee Report 12 (Report PLPD08-067 - Rezoning 901 Lansdowne Street West) Also, Brad Smith spoke to this matter.

Committee of the Whole Report

Roy Brady made a delegation regarding item 9 of Committee of the Whole Report 19 (CORRESP08-050 – Galway,Cavendish, Harvey –Canada’s Water Resources)

Other Items on this Agenda

No delegations were made.

Report Number 2 of the Audit Committee

Moved by Councillor Clarke, seconded by Councillor Peeters

That Report Number 2 of the Audit Committee Meeting of August 11, 2008 be approved.

"CARRIED"

Report Number 12 of the Planning Committee

Moved by Councillor Eggleton, seconded by Councillor Doris

That Report Number 12 of the Planning Committee Meeting of September 2, 2008 be approved.

Moved by Councillor Pappas, seconded by Councillor Farquharson

That Item 2 be separated out.

"CARRIED"

Councillor Vass left the Council Chambers at 8:30 p.m. and returned at 8:39 p.m.

Moved by Councillor Pappas, seconded by Councillor Farquharson

That Item 2 of Report 12 of Planning Committee (Report PLPD08-067) be referred until after the Downtown Master Plan is completed, and traffic issues relating to the closure of Erskine Avenue and possible extension of Goodfellow Road are resolved, and that this application be reconsidered at that time.

Yea

Nay

Councillor Doris

Councillor Martin

Councillor Eggleton

Councillor Peeters

Councillor Farquharson

Councillor Hall

Councillor Vass

Councillor Clarke

Councillor Pappas

Councillor Peacock

Mayor Ayotte

“LOST”


Councillor Hall raised a question of privilege in respect to comments made by Councillor Peeters.

Upon the motion of Councillors Eggleton and Doris, less item #2, this motion carried.

Moved by Councillor Vass, seconded by Councillor Pappas

That the site plan on Item 2 (Report PLPD08-067) be returned to Council for approval.

“CARRIED”

Upon item 2, this motion carried

Report Number 19 of the Committee of the Whole

Moved by Councillor Hall, seconded by Councillor Vass

That Report Number 19 of the Committee of the Whole Meeting of September 8, 2008 be approved.

Upon the motion of Councillors Hall and Vass, less item 14, this motion carried.

Upon item 14, this motion carried.

Notice of Motion

There was no notice of motion.

By-Laws

Moved by Councillor Clarke, seconded by Councillor Vass

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

08-147 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And Morrison Hershfield Limited For The Consulting Services To Complete The Update To The 2002 Comprehensive Transportation Plan. (P-21-08)

08-148 Being A By-Law To Authorize The Mayor And Clerk To Sign A Letter Of Agreement Between The Ministry Of Transportation For The Province Of Ontario And The Corporation Of The City Of Peterborough For Funding Under The Ontario Bus Replacement Program

08-149 Being A By-Law To Authorize The Borrowing Upon Amortizing Debentures In The Principal Amount Of $7,876,800.00 Towards The Cost Of Certain Capital Works Of The Corporation Of The City Of Peterborough

08-150 Being A By-Law To Amend 901 Lansdowne Street West

08-151 Being A By-Law To Amend 1850 And 1900 Technology Drive

08-152 Being A By-Law To Adopt Amendment No. 139 To The Official Plan Of The City Of Peterborough For Part Of The Properties At 2300 Marsdale Drive And 2150 Television Road (Extension Of Marsdale Drive And Foxmeadow Road)

08-153 A By-Law To Amend The Zoning By-Law For Part Of The Properties At 2300 Marsdale Drive And 2150 Television Road (Extension Of Marsdale Drive And Foxmeadow Road)

"CARRIED"

Other Business

Councillor Peeters advised that the 17th annual Scotia Walk for Aids is being held this weekend.

Councillor Eggleton indicated that there is an initiative underway in respect to large items placed outside for collection. Mr. Jackson advised that Public Utilities has started an aggressive program to combat this problem.

Councillor Hall asked about clarification on earth moving approval provided at the last Council meeting.

Councillor Pappas asked about the status of the Downtown Master Plan. Mr. Hunt indicated that he intends to have the report forward by December.

Councillor Vass asked about the issue of additional items placed at a business at Bethune and Simcoe Street. Mr. Jackson indicated that he will review the matter.

Confirmatory By-Law

Moved by Councillor Vass, seconded by Councillor Hall

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

08-154 Being A By-Law To Confirm The Proceedings Of The Council At Its Meeting Held On September 15, 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 Eggleton, seconded by Councillor Farquharson

That this meeting of City Council adjourn at 9:54 p.m.

“CARRIED”

Nancy Wright-Laking

City Clerk

Paul Ayotte

Mayor


AUDIT COMMITTEE REPORT NO. 2

MEETING OF AUGUST 11, 2008

TO THE COUNCIL OF THE CITY OF PETERBOROUGH FOR CONSIDERATION AT ITS MEETING HELD SEPTEMBER 15, 2008

THE AUDIT COMMITTEE, AS A RESULT OF ITS MEETING HELD ON MONDAY, AUGUST 11, 2008, RECOMMENDS AS FOLLOWS:

1. Senior Director of Corporate Services

Report CPFRAS08-012

Update on the Asset Management Project

That Council approve the recommendations outlined in report CPFRAS08-012 dated August 11, 2008, of the Senior Director of Corporate Services as follows:

a) That the update on the Asset Management Project be received.

b) That the draft Tangible Capital Asset Accounting Policy and attached as Appendix A be approved.

2. Senior Director of Corporate Services

Report CPFRAS08-013

Report on results of the 2007 Municipal Performance Measurement Program

That Council approve the recommendation outlined in report CPFRAS08-013,

dated August 11, 2008 from the Senior Director of Corporate Services as follows:

That Report CPFRAS08-013 providing the City of Peterborough’s 2007 results of

the provincially mandated Municipal Performance Measurement Program be

received as information.

3. Senior Director of Corporate Services

Report CSSS08-005

2007 Ontario Works Compliance Review

That Council approve the recommendation outlined in Report CSSS08-005 dated August 11, 2008, of the Director, Community Services as follows:

That Report CSSS08-005 pertaining to the 2007 Ontario Works Compliance Review is received for information.

All of which is respectfully submitted,

Councillor Clarke

Chair of Audit Committee

August 11, 2008


PLANNING COMMITTEE REPORT NO. 12

SEPTEMBER 2, 2008

TO THE COUNCIL OF THE CITY OF PETERBOROUGH, FOR CONSIDERATION AT ITS MEETING HELD SEPTEMBER 15, 2008

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

1. Re-Development Of Land Owned By Trent Severn Waterway – Parks Canada Adjacent To Lock 20 At Little Lake

That this matter be referred to the City Planning and Development Department for recommendations regarding the Trent Severn - Parks Canada potential re-development, in consultation with the GPAEDC and that a report be provided to Council.

2. Director of Planning and Development Services

Report PLPD08-067

Rezoning 901 Lansdowne Street West

That Council approve the recommendations outlined in Report PLPD08-067 dated September 2, 2008, of the Director of Planning and Development Services, as follows:

a) That Zoning By-Law #1997-123 be amended by adding Exception 242 to Section 3.9 in accordance with Exhibit ‘C’ to Report PLPD08-067.

b) That the zoning of the subject property, be amended from the C.4 –13 – Commercial District to the C.7 – 242 – Commercial District in accordance with the draft amendment attached as Exhibit ‘C’ to Report PLPD08-067.

3. Director of Planning and Development Services

Report PLPD08-069

Official Plan Amendment O0802

Zoning By-Law Amendment Z0803SB

Draft Plan of Subdivision 15T-08501

1496951 Ontario Inc.

2300 Marsdale Drive and 2150 Television Road

That Council approve the recommendation(s) outlined in Report PLPD08-069 dated September 2, 2008, of the Director of Planning and Development Services, as follows:

a) That Schedule ‘A’ – Land Use of the Official Plan be amended in accordance with Exhibit ‘D’ of Report PLPD08-069

b) That Draft Plan of Subdivision Approval for Plan 15T-08501, Project No. 10124 dated August 28, 2008 by D.M. Wills Associates Limited, be granted, subject to the Conditions of Draft Plan Approval attached to Report PLPD08-069, as Schedule 1.

c) That the subject property be rezoned from A.1 – Restricted Agricultural (Otonabee), M – General Industrial (Otonabee) and HL – Hazard Lands (Otonabee) to R.1-“H”; R.2-“H”; R.2,4h-“H” – Residential Districts, OS.1 – Open Space District, and D.1 – Development District in accordance with the Draft Plan of Subdivision and Exhibit ‘E’ of Report PLPD08-069.


That the following amendment be added to condition #18 of Schedule ‘A’:

“..subject to any cost sharing with the City, if applicable, in connection with any improvements to the existing sanitary system undertaken by the owner, as may be agreed to by the City and the owner.”

4. Director of Planning and Development Services

Report PLPD08-068

1850 and 1900 Technology Drive

That Council approve the recommendations outlined in Report PLPD08-068 dated September 2, 2008, of the Director of Planning and Development Services, as follows:

a) That Zoning By-Law #1997-123 be amended by adding a M2.3 – Prestige and Service Industrial District to Section 19 in accordance with Exhibit ‘C’ to Report PLPD08-068.

b) That the zoning of the subject properties, be amended from the M2.1 – Industrial District to the M2.3 – Prestige and Service Industrial District in accordance with the draft amendment attached as Exhibit ‘C’ to Report PLPD08-068.

5. Director of Planning and Development Services

Report PLPD08-70

Drainage Modifications on Technology Drive

That Council approve the recommendation outlined in Report PLPD08-070, dated September 2, 2008, of the Director of Planning & Development Services and the Director of Utility Services, as follows:

That Report PLPD08-070 be received for information and that no further action be taken to adjust the storm drainage system on Technology Drive at this time.

All of which is respectfully submitted,

Councillor Farquharson

Chairman

September 2, 2008


COMMITTEE OF THE WHOLE REPORT NO. 19

MEETING OF SEPTEMBER 8, 2008

TO THE COUNCIL OF THE CITY OF PETERBOROUGH FOR CONSIDERATION AT ITS MEETING HELD SEPTEMBER 15, 2008

THE COMMITTEE OF THE WHOLE, AS A RESULT OF ITS MEETING HELD ON SEPTEMBER 8, 2008, RECOMMENDS AS FOLLOWS:

1. City Clerk

Report CPCLK08-009

Municipal Heritage Advisory Committee (PACAC) Appointments

That Council approve the recommendation outlined in Report CPCLK08-009, dated September 8, 2008, of the City Clerk, directed by the Selection Committee as follows:

That the following appointments be made to the Municipal Heritage Advisory Committee (PACAC):

Two (2) Year Term to November 30, 2010 Andre Vallillee

effective immediately due to a vacancy on the board

Three (3) Year Term to November 30, 2011 Sue McGregor-Hunter

effective immediately due to a vacancy on the board

Four (4) Year Term to November 30, 2012

effective December 1, 2008 Geoffrey K. Eve

Four (4) Year Term to November 30, 2012 Gordon Young

effective December 1, 2008

2. Director of Community Services

Report CSEM08-003

Supply and Installation of Diesel Generator Set - Evinrude Centre (P-24-08)

That Council approve the recommendations outlined in Report CSEM08-003 dated September 8, 2008, of the Director of Community Services, as follows:

a) That the 2008 Capital Budget (Project 6.9.01) for the purchase and installation of a Backup Generator at the Evinrude Centre be increased from $90,000 to $108,730 and the $18,730 difference be funded from

i) $15,000 from the approved 2008 Capital Budget Project 6.9.02 for Evacuation Centre Facility Supplies and Equipment;

ii) $3,730 from the Emergency Management Division 2008 Operating Budget.

b) That the supply and installation of a Diesel Generator Set (P-24-08) by Barry Electrical Contractors Inc., 1003 Monaghan Road, Peterborough, Ontario in the amount of $108,730.00 plus GST for a total of $114,166.50 be approved.


3. Senior Director of Corporate Services

Report CPFRAS08-014

Quarterly Financial Report as of June 30, 2008

That Council approve the recommendations outlined in report CPFRAS08-014 dated September 8, 2008, of the Senior Director of Corporate Services as follows:

a) That the June 30, 2008 Quarterly Financial Report attached as Appendix A to report CPFRAS08-014 be received.

b) That the 2008 Capital budgets for the Municipal Eco Challenge projects, approved by Council on April 28, 2008 based on report CPFPRS08-008 be amended to reflect $90,652 municipal share, instead of the $90,000, $65,549 financing from the Energy Conservation Reserve and $25,103 from the Capital Levy Reserve.

c) That the $1.0 M capital project, previously approved as part of the 2007 Capital Budget for Material Recycling Facility Optimization (budget reference 5-9.05) be deleted, as the future investment in facility infrastructure is no longer required, and the City’s net $0.65M portion that was to be financed from the Waste Management Reserve Fund no longer be reflected as a commitment against the Fund,

d) i) That a $191,000 portion of the $200,000 set aside in the 2008 Contingency Provision to provide for additional expenses incurred as the result of the Phase II Annexation that took effect January 1, 2008, be transferred to various Public Works Operating Accounts

ii) And that the approved Public Works full time staff complement be increased by three operator positions to accommodate the additional workload stemming from the annexation and to accommodate the increased work load stemming from Council approved changes to the Waste Collection System including City Wide Organics Collection to take effect in two Phases September 15, 2008 and September of 2009.

4. Senior Director of Corporate Services

Report CPFPRS08-015

2008 Infrastructure Ontario Loan – Debenture By-Law

That Council approve the recommendation outlined in Report CPFPRS08-015 dated September 8, 2008 from the Senior Director of Corporate Services, as follows:

That the Senior Director of Corporate Services be authorized to prepare the debenture by-law to borrow funds up to a maximum of $7,876,800 for a maximum term of up to 10 years at 4.44% interest to finance four City capital projects as set out in Schedule 1 attached to Report CPFPRS08-015.


5. City Clerk Report

CSCLK08-008

2009 Council Meeting Schedule

That Council approve the recommendation outlined in report CPCLK08-008, dated September 8, 2008, of the City Clerk, as follows:

That the 2009 Council Meeting Schedule be adopted as presented in Appendix “A” to Report CPCLK08-008.

6. CORRESP08-043

Township of Muskoka

MPAC Errors

That correspondence CORRESP08-043 from the Township of Muskoka regarding a request to the Board of Directors of MPAC to improve operations by allocating provincial funds to correct errors across the Province for those municipalities with greater reliance on the data receiving priority; making errors and backlog in data a priority to complete; working with lower and upper tier municipalities to correct these errors, be received for information.

7. CORRESP08-044

City of Owen Sound

Exemption of sales tax for Ontario Police Service Purchases

That correspondence CORRESP08-044 from the City of Owen Sound regarding a request that the Government of Ontario provivde a full exemption of Provincial sales tax on goods and services for Ontario Police services similar to the GST exemption, be received for information.

8. CORRESP08-046

City of Owen Sound

Request for full exemption of PST on items and services purchased for Ontario Municipalities

That correspondence CORRESP08-046 from the City of Owen Sound regarding a request that the Government of Ontario provide a full exemption of Provincial sales tax on goods and services for Ontario Police services similar to the GST exemption, be received for information.

9. CORRESP08-050

Township of Galway-Cavendish-Harvey

Canada's Water Resources

That correspondence CORRESP08-050 from the Township of Galway-Cavendish-Harvey regarding a request to the Federal and Provincial governments to protect Canada’s fresh water lakes and rivers from being used as toxic dumps for the mining and oil refinery industries, be received for information.


10. CORRESP08-049

Town of Caledon

Tax Exempt Allowances

That correspondence CORRESP08-049 from the Town of Caledon regarding a request for support of their resolution to the Canadian Revenue Agency (CRA) to increase the deduction limit of tax exempt allowance paid by employers to employees using their personal vehicle for business purposes for the current rate of 52 cents on the first 5,000 kilometres driven and 46 cents for each additional kilometre, be received for information.

11. Director of Community Services

Report CSSS08-016

Homelessness Initiative

That Council approve the recommendation outlined in Report CSSS08-016 dated September 8, 2008, of the Director of Community Services as follows:

That Report CSSS08-016 and a presentation on the Homelessness Initiative from Len Lifchus of the United Way be received for information;

And that the Mayor write a letter of support of the program to the Federal and Provincial Governments.

12. Director of Utility Services
Report USTR08-021
Ontario Bus Replacement Program

That Council approve the recommendation in Report USTR08-021 dated September 8, 2008 of the Director of Utility Services and Senior Director of Corporate Services, as follows:

That a by-law be passed authorizing the Mayor and Clerk to sign a Letter of Agreement between the Province of Ontario represented by the Minister of Transportation and the Corporation of the City of Peterborough to facilitate Provincial funding under the Ontario Bus Replacement Program.


13. Director of Utility Services

Report USEC08-018

Budget Increase and Amendment of the Contract Agreement for Tender T-15-06 Benson Avenue, O’Carroll Avenue, Geraldine Avenue and Kingan Street

That Council approve the recommendations outlined in Report USEC08-018, dated September 8, 2008 of the Director of Utility Services as follows:

a) That the contract agreement with Balterre Contracting Limited, P.O. Box 594 Norwood, Ontario, K0L 2V0, for Tender T-15-06 be increased by $31,292.46 (PST not applicable) plus $1,564.62 GST for a total of $32,857.08; and

b) That the 2006 Capital Budget (Reference # 5-15.15) for the O’Carroll, Benson, Geraldine and Kingan Reconstruction project, reflecting the City’s share of the costs, be increased by $13,163 ($1,928,930 to $1,942,093) with the additional amount to be funded from the Utility Services Reserve; and

c) That $217,591.09 of road resurfacing related costs be transferred from the Benson/O’Carroll project to the 2007 Various Road Resurfacing budget.

14. CORRESP08-047

Town of Milton

aluminium Cans and Plastic Drink Containers

That correspondence CORRESP08-047 from the Town of Milton regarding the Halton Region resolution to request the Minister of the Environment consider placing a deposit/return system on aluminium and plastic drink containers be received for information and that the item be referred to Utility Services for a report.

15. CORRESP08-048

Township of Hilliard

Zenn Electric Cars

That correspondence CORRESP08-048 from the Township of Hilliard be received and that a letter of support be sent to petition the Province of Ontario to take the same position that Quebec has taken and allow zenn electric low speed vehicles to be licensed in Ontario.

16. CORRESP08-051

Town of Halton Hills

Places to Grow and Bill 51

That correspondence CORRESP08-051 from the Town of Halton Hills regarding a request to the Lieutenant Governor in Council to appoint one or more persons to conduct a provincial public inquiry into the challenges facing municipalities from implementation of provincial growth legislation, such as the Places to Grow Act and the Bill 51 amendments to the Planning Act be received for information.


17. CORRESP08-052

Rural Transportation Committee

Need for Rural Transportation in Peterborough County

That this item be referred for a further report from the CAO to clarify the matters raised in discussion on this matter.

18. Bus Ridership

That commencing September 20, 2008 and September 21, 2008, for the next four weekends, that ridership be tabulated from 6:00 p.m. to end of run.

All of which is respectfully submitted,

Bob Hall

Chairman

September 8, 2008