April 28, 2011 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. Reports
  1. Proclamations
    a) Proclamation of Event Weeks:
    b) Recognizing Canada Health Day, Nursing Week and Paramedic Week in the Region of Peel
  2. Staff Reports
     
7. By-laws
8. Other Business
9. Notices of Motion
10. In Camera Matters
  1. Staff Reports
    a) Proposed Property Acquisition Pursuant to Section 30 of the Expropriations Act, R.S.O. 1990, C.E.26 (A proposed or pending acquisition or disposition of land by the municipality or local board)
b) Payment of Compensation Pursuant to the Expropriations Act, R.S.O. 1990, C.E.26 Regional Road 107 (Bovaird Drive) Widening Highway 410 to Regional Road 1 (Mississauga Road) - City of Brampton, Ward 2 (A proposed or pending acquisition or disposition of land by the municipality or local board)
c) Appeals of Regional Official Plan Amendments 20, 22, 23, 24 and 25 (Litigation or potential litigation, including matters before administrative tribunals, affecting a municipality or local board)
11. By-law to Confirm the Proceedings of Council
12. Adjournment

THE COUNCIL OF
THE REGIONAL MUNICIPALITY OF PEEL
April 28, 2011

Regional Chair Kolb called the meeting of Regional Council to order at 9:35 a.m. in the Council Chamber, Regional Administrative Headquarters, 10 Peel Centre Drive, Suite A, Brampton.


1. PRAYER AND ROLL CALL

Councillor Mullin recited the prayer.

Members Present:

F. Dale; C. Fonseca; S. Hames*¨; N. Iannicca*; E. Kolb; H.  McCallion*; S. McFadden; G. Miles; E. Moore; M. Morrison*; P.  Mullin; P. Palleschi; R. Paterak; J. Sanderson*; J. Sprovieri; R. Starr; A. Thompson; J. Tovey; R. Whitehead*

   
Members Absent:

E. Adams; G. Carlson, due to a personal matter; S. Fennell, due to a personal matter; P. Foley, due to vacation; K. Mahoney, due to a personal matter; P. Saito, due to a personal matter

   

Also Present:

D. Szwarc, Chief Administrative Officer; J. Macintyre, Acting Commissioner of Employee and Business Services; D. Labrecque, Commissioner of Public Works; N. Trim, Chief Financial Officer and Commissioner of Corporate Services; J.  Menard, Commissioner of Human Services; J. Smith, Commissioner of Health Services; Dr. D. Mowat, Medical Officer of Health; K. Lockyer, Acting Regional Solicitor and Director, Legal and Risk Management; C. Reid, Regional Clerk; C. Thomson, Legislative Specialist

___________________________________

* See text for arrivals
¨See text for departures


2. DECLARATIONS OF CONFLICTS OF INTEREST - Nil


3. APPROVAL OF MINUTES

a) April 14, 2011, Regional Council Meeting

Moved by Councillor Miles,
Seconded by Councillor McFadden;

That the minutes of the Regional Council meeting held on April 14, 2011 be approved.

Carried 2011-338


4. APPROVAL OF AGENDA

Moved by Councillor Fonseca,
Seconded by Councillor Dale;

That the agenda for the April 28, 2011 Regional Council meeting be amended to withdraw Delegations/Presentations – Item 5i;

And further, that the agenda for the April 28, 2011 Regional Council meeting be amended to include a communication item from Paul Sharma, Resident, City of Brampton, Supporting Community Water Fluoridation, to be dealt with under Items Related to Health – Item HE-C1;

And further, the agenda for the April 28, 2011 Regional Council meeting be amended to include a communication item from Dr. Stephen Gangbar, President, Halton Peel Dental Association, Providing Information on Water Fluoridation, to be dealt with under Items Related to Health – Item HE-C2;

And further, that the agenda for the April 28, 2011 Regional Council meeting be amended to include a communication item from Emil Kolb, Regional Chair, Expressing his Appreciation to Mayor Morrison for her Commitment to Regional Committees and Congratulating her on the Appointment to the Oak Ridges Moraine Foundation’s Board of Directors, to be dealt with under Items Related to Management – Item MA-D6;

And further, that the agenda for the April 28, 2011 Regional Council meeting be amended to include a delegation from Christina Corlett, Resident, City of Mississauga, regarding Dental Fluorosis, to be dealt with under Delegations/Presentations - Item 5q;

And further, that the agenda for the April 28, 2011 Regional Council meeting be amended to include a delegation from Zahra Ismail, speaking in Favour of Fluoride in Community Drinking Water, to be dealt with under Delegations/Presentations – Item 5r;

And further, that the agenda for the April 28, 2011 Regional Council meeting be approved, as amended.

Carried 2011-339

See also Resolutions 2011-348, 2011-349, 2011-357, 2011-375, 2011-376 and 2011-396


5. DELEGATIONS/PRESENTATIONS

a) Dr. Arlene King, Chief Medical Officer of Health of Ontario, Discussing the Benefits of Water Fluoridation on Dental Health

Received 2011-340

See also Resolutions 2011-341 to 2011-362 inclusive, 2011-375 and 2011-376

Councillor Whitehead arrived at 9:44 a.m., due to other municipal business.

Dr. Arlene King, Chief Medical Officer of Health of Ontario stated that she is concerned about the loss of water fluoridation in communities in spite of evidence that it is safe and effective. She urged Regional Councillors to recognize the value of fluoride in drinking water, noting that the Centre for Disease Control called the fluoridation of community water one of the greatest health achievements of the 20th Century.

b) Dr. Ivor Margolis, Chief of Paediatrics, William Osler Health System, Brampton Civic Hospital, Discussing Community Water Fluoridation

Received 2011-341

See also Resolutions 2011-340, 2011-342 to 2011-362 inclusive, 2011-375 and 2011-376

Dr. Ivor Margolis, Chief of Paediatrics, William Osler Health System, stated that the longest paediactric surgery wait times is for dental surgery. He stated that the loss of community water fluoridation would be a major concern for the dental health of children and new Canadians.

Councillor Morrison arrived at 9:47 a.m., due to other municipal business.
Councillor Sanderson arrived at 9:47 a.m., due to other municipal business.

c) Dr. Paul Andrews, Assistant Professor, Department of Paediatric Dentistry, University of Toronto, Discussing the Benefits of Community Water Fluoridation as it Relates to Oral Health Care for Children from Infancy through Adolescence

Received 2011-342

See also Resolutions 2011-340, 2011-341, 2011-343 to 2011-362 inclusive, 2011-375 and 2011-376

Councillor McCallion arrived at 9:54 a.m.

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

Dr. Paul Andrews, Assistant Professor, Department of Paediatric Dentistry, University of Toronto, stated that fluoridation of community water is the most effective way to reduce tooth decay and is categorically safe. He noted that over 90 esteemed organizations fully support its use.

d) Dr. Natalie Archer, Vice President, Royal College of Dental Surgeons of Ontario, Speaking in Support of the Continuation of the Fluoridation of Municipal Drinking Water as an Effective Public Health Measure

Received 2011-343

See also Resolutions 2011-340 to 2011-342 inclusive, 2011-344 to 2011-362 inclusive, 2011-375 and 2011-376

Councillor Hames arrived at 9:57 a.m.
Councillor Iannicca arrived at 9:59 a.m., due to other municipal business.

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

Dr. Natalie Archer, Vice President, Royal College of Dental Surgeons of Ontario (RCDSO), advised that the RCDSO does not speak on behalf of the dental profession but is the body mandated by provincial law to work in the interests of public protection and safety. The RCDSO passed a policy in support of water fluoridation in 2003 and is convinced that fluoridation of community water systems, at the appropriate levels, is a safe and effective public health measure. Dr. Archer encouraged Regional Council to ensure that all Peel residents will continue to have the benefit of this safe, effective and economical way to help prevent tooth decay in infants, children, adults and seniors.

e) Dr. Dick Ito, Public Health Dental Consultant, Simcoe Muskoka District Health Unit, Ontario Association of Public Health Dentistry (OAPHD), Discussing the Effectiveness of Community Water Fluoridation

Received 2011-344

See also Resolutions 2011-340 to 2011-343 inclusive, 2011-345 to 2011-362 inclusive, 2011-375 and 2011-376

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

Dr. Dick Ito, Public Health Dental Consultant, Simcoe Muskoka District Health Unit, Ontario Association of Public Health Dentistry, provided information related to the effectiveness of community water fluoridation in the Simcoe Muskoka region. He stated that community water is cost-effective and benefits all consumers across all income levels.

f) Dr. Ian McConnachie, Paediatric Dentist, Ontario Dental Association, Discussing Community Water Fluoridation

Received 2011-345

See also Resolutions 2011-340 to 2011-344 inclusive, 2011-346 to 2011-362 inclusive, 2011-375 and 2011-376

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

Dr. Ian McConnachie, Paediatric Dentist, Ontario Dental Association, provided an overview of changes in levels of tooth decay in municipalities as they moved towards community water fluoridation.

g) Reverend Michael F. Clarke, Executive Director, John Howard Society of Peel-Halton-Dufferin, Regarding the Benefits of Community Water Fluoridation

Received 2011-346

See also Resolutions 2011-340 to 2011-345 inclusive, 2011-347 to 2011-362 inclusive, 2011-375 and 2011-376

Reverend Michael F. Clarke, Executive Director, John Howard Society of Peel-Halton-Dufferin, advised that he works with the Region’s most vulnerable and marginalized citizens whose primary source of dental care is through the fluoridation of community water. He stated that the citizens need fluoridation in their water supply and strongly urged Regional Council to continue its support of water fluoridation.

h) Kim Ivan, President, Ontario Dental Hygienists Association, Supporting Community Water Fluoridation

Received 2011-347

See also Resolutions 2011-340 to 2011-346 inclusive, 2011-348 to 2011-362 inclusive, 2011-375 and 2011-376

Kim Ivan, President, Ontario Dental Hygienists Association, advised that the Ontario Dental Hygienists Association, comprising over 12,000 members, supports community water fluoridation, noting that tooth decay is a chronic but preventable disease.

i) Shelley White, President and Chief Executive Officer, United Way of Peel Region, Discussing the Benefits of Community Water Fluoridation in Particular for Disadvantaged Residents of Peel

Withdrawn 2011-348

See also Resolutions 2011-339, 2011-340 to 2011-347 inclusive, 2011-349 to 2011-362 inclusive, 2011-375 and 2011-376

Additional Item - Item 5r was dealt with.

r) Zahra Ismail, Speaking in Favour of Fluoride in Community Drinking Water

Received 2011-349

See also Resolutions 2011-339, 2011-340 to 2011-348 inclusive, 2011-350 to 2011-362 inclusive, 2011-375 and 2011-376

Zahra Ismail expressed her support for the continuation of community water fluoridation.


Questions from Councillors to the Delegates in Favour of Fluoridation:

Councillor Mullin requested clarification with respect to the affect of fluoride on the bone and the prevalence of fluorosis.

Dr. Andrews advised that Health Canada found no link between community water fluoridation, arthritis, bone cancer and bone fragility. A University of Toronto study found people with lifelong exposure to fluoride had no difference in strength than those not exposed to fluoride, but were found to be more flexible, which is a positive finding. He further stated that mild fluorosis levels have no negative health impacts and that moderate to severe levels were investigated by Health Canada and found that the levels were so low as to be unmeasurable.

Councillor Mullin expressed concern regarding the cumulative effect of fluoride in food, toothpaste and community water and asked if the Dental Association has suggested that fluoride be removed from toothpaste and that community water fluoridation levels be reduced.

Dr. Andrews stated that the effectiveness of toothpaste is due to its high level of fluoride, and the primary effectiveness of fluoride is the topical action while sitting on the tooth and that a constant source of fluoride throughout the day is needed to get the benefit.

Councillor Sprovieri inquired why the upper levels of government have not taken responsibility for fluoride, but rather have left it with municipalities who are not knowledgeable about the various studies that have been completed.

Dr. Andrews stated that in his opinion, decisions regarding fluoride should be made at the provincial level. He noted that dealing with it at the municipal level allows for too much confusion and repetition of decision making. In response to a question from Councillor Sprovieri, Dr. Andrews advised that Health Canada looked at the affects of fluoride on the healthy function of the thyroid gland and determined that the weight of evidence demonstrates there is no link between community water fluoridation and the thyroid gland.

In response to a question from Councillor Paterak, Dr. McConnachie advised that if natural aquifer fluoride levels are greater than 1.5 mg, the municipality must lower levels in municipal water supply.

j) Liesa Cianchino, Resident, City of Mississauga, Discussing Concerns Regarding Fluoride in Our Drinking Water

Received 2011-350

See also Resolutions 2011-340 to 2011-349 inclusive, 2011-351 to 2011-362 inclusive, 2011-375 and 2011-376

Liesa Cianchino, Resident of Mississauga, outlined concerns for herself and her family regarding the effect of fluoride on their health. She quoted Dr. Hardy Limebeck and fellow delegate, Carole Clinch, with regards to the research that has been done in the area that suggests significant problems with fluoridating water and the effect on lower-income residents.

k) Carole Clinch, Resident, Waterloo, Presenting Information Relevant to the Freedom of Information (FOI) Regarding the Fluoridation Products Used in Artificial Water Fluoridation and Other FOI/Access to Information and Privacy (ATIP) Requests

Received 2011-351

See also Resolutions 2011-340 to 2011-350 inclusive, 2011-352 to 2011-362 inclusive, 2011-375 and 2011-376

Carole Clinch, Resident of Waterloo, presented her concerns with having fluoride in the water system and provided several rebuttals to previous speakers and questioned the legitimacy of the analysis done in studies on this topic.

Councillor Hames departed at 11:25 a.m., due to vacation.

l) Mark J. Corlett, Chief Executive Officer, AVT.ca, Discussing the Financial Aspects of Fluoridation

Received 2011-352

See also Resolutions 2011-340 to 2011-351 inclusive, 2011-353 to 2011-353 to 2011-362 inclusive, 2011-375 to 2011-376

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

Mark J. Corlett, Chief Executive Officer, AVT.ca, presented a warning to Regional Council that by using fluoridated water, Council risks legal actions by those affected by fluorosis. He quoted several statistics that show the high costs of fluoridated water and he emphasized the fact that the Region of Peel would be liable for any damages incurred.

m) Mark J. Corlett on behalf of Vladimir V. Gagachev, Resident, Mississauga, Exposing the Toxicity of Fluoride and Fluoride Compounds in our Drinking Water

Received 2011-353

See also Resolutions 2011-340 to 2011-352 inclusive, 2011-354 to 2011-362 inclusive, 2011-375 and 2011-376 inclusive

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

Mark J. Corlett, Chief Executive Officer, AVT.ca, presented on behalf of Mr. Vladimir V. Gagachev who was absent from the meeting. The presentation focused upon the specific toxicity and poisonous nature of fluoride and reasons why it should not be included in drinking water.

n) Calin Guga, Business Analyst, KantarITP, Discussing Water Fluoridation and its Effects on Health, Specifically the Thyroid Endocrine Gland

Received 2011-354

See also Resolutions 2011-340 to 2011-353 inclusive, 2011-355 to 2011-362 inclusive, 2011-375 and 2011-376

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

Calin Guga, Business Analyst, KantarITP, discussed concerns regarding the affect of fluoride upon the thyroid endocrine gland in the human body. Due to the negative affects, she suggested removing fluoride from drinking water.

o) Mary Pearson, Nutritionist, Discussing Safer Ways to Prevent Tooth Decay

Received 2011-355

See also Resolutions 2011-340 to 2011-354 inclusive, 2011-356 to 2011-362 inclusive, 2011-375 and 2011-376

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

Mary Pearson, Nutritionist, presented her concerns about fluoride affecting the bodies of children. As fluoride benefits tend to be geared towards younger children, she suggested there are better ways to prevent tooth decay in children and in so doing, remove the dangers involved with fluoridation.

p) Diane Sprules, Resident, Oakville, Requesting that Water Fluoridation be Stopped Due to Its Harmful Effects on Health

Received 2011-356

See also Resolutions 2011-340 to 2011-355 inclusive, 2011-357 to 2011-362 inclusive, 2011-375 and 2011-376 inclusive

Diane Sprules, Resident of Oakville, presented her concerns regarding how fluoride was deemed to be safe by expert panels. She questioned the legitimacy of the experts noting that it included representation from only the dental industry. She stressed that the panels that investigate fluoride need to have representatives who will tell the truth about the effects of fluoride on the human body.

Additional Items – Items 5q and 5r were dealt with.

q) Christina Corlett, Resident, City of Mississauga, Regarding Dental Fluorosis

Received 2011-357

See also Resolutions 2011-339 to 2011-356 inclusive, 2011-358 to 2011-362 inclusive, 2011-375 and 2011-376

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

Christina Corlett, Resident, City of Mississauga, presented slides originally created by Dr. Hardy Limebeck of the University of Toronto, illustrating the negative consequences of fluoride on teeth; specifically the discolouration of children’s teeth.

Reverend Scott Young was not in attendance, but submitted a video which was viewed by Regional Council.

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

r) Zahra Ismail, Speaking in Favour of Fluoride in Community Drinking Water

This item was dealt with under Resolution 2011-349


Additional Item – Item HE-C3 was dealt with.

HE-C: COMMUNICATIONS

HE-C3. “Professionals Statement to End Water Fluoridation”

Received 2011-358

See also Resolutions 2011-340 to 2011-357 inclusive, 2011-359 to 2011-362 inclusive, 2011-375 and 2011-376


Questions from Councillors to the Delegates Opposed to Water Fluoridation:

Councillor Moore inquired about several of the statistics presented. Specifically, she inquired where certain cost statistics and prevalence of child fluorosis statistics originated from. Several of the delegates responded for each statistic questioned.

Liesa Cianchino, Resident, City of Mississauga, provided a copy of a list of Professionals, by degree, who have signed the “Professionals Statement to End Water Fluoridation” which was distributed to Regional Councillors.

Councillor Moore asked Diane Sprules what her preferred expert panels would look like. Ms. Sprules responded that the panels should have a human body expert who would show what dentists will not.

Councillor Mullin inquired to Carole Clinch regarding her awareness of what the Food and Drug Act says about regulations by Health Canada on products containing fluoride. Ms. Clinch stated Health Canada does not regulate, but should based on the wording of the Food and Drug Act.

Councillor Mullin also inquired if the delegates are seeking to get fluoride out of toothpaste. Ms. Clinch stated that this is another route they are pursuing.

Councillor Mullin asked whether Ms. Clinch is aware of any toxicity reports that actually linked fluoride with the claims made today. Ms. Clinch responded that there are several from the United States and out of Europe as well.

Items Related to Health – Item HE-B1 was dealt with.

HE-B. PUBLIC HEALTH

  HE-B1. Health Benefits of Community Water Fluoridation
      Presentation by Dr. David Mowat, Medical Officer of Health

Received 2011-359

See also Resolutions 2011-340 to 2011-358 inclusive, 2011-360 to 2011-362 inclusive, 2011-375 and 2011-376

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

Moved by Councillor Moore,
Seconded by Councillor Paterak;

That Regional Council reaffirms its position to provide community water fluoridation in the Region of Peel.

Dr. Mowat, Medical Officer of Health, urged Regional Councillors to continue with fluoridation in water.

Councillor Mullin requested that the motion be amended to include the following:

Moved by Councillor Mullin,
Seconded by Councillor Tovey;

That the Medical Officer of Health bring forward a future report on the feasibility of reducing fluoride in the water to .2 or the least possible amount;

And further, that the concern regarding the amount of fluoride in toothpaste be referred to the Medical Officer of Health to bring back appropriate recommendations that can be sent to the Ministry of Health.

Carried 2011-360

See also Resolutions 2011-340 to 2011-359 inclusive, 2011-361 and 2011-362, 2011-375 and 2011-376

Councillor McCallion requested that the motion be amended to include the following:

Moved by Councillor McCallion,
Seconded by Councillor Mullin;

That the Region of Peel request the Province of Ontario, in cooperation with the Federal Government, undertake the necessary research to determine the advantages and disadvantages of the fluoridation of drinking water systems and provide the necessary direction to the Municipal Water Systems regarding this issue;

And further, that the delegations in favour of water fluoridation and the delegations against the fluoridation of water be thanked for the time they have allocated to this issue and their presentations to Regional Council.

Carried 2011-361

See also Resolutions 2011-340 to 2011-360 inclusive, 2011-362, 2011-375 and 2011-376

The main motion, as amended, was voted upon.

Councillor Moore requested a recorded vote.

Moved by Councillor Moore,
Seconded by Councillor Paterak;

That Regional Council reaffirms its position to provide community water fluoridation in the Region of Peel;

And further, that the Medical Officer of Health bring forward a future report on the feasibility of reducing fluoride in the water to .2 or the least possible amount;

And further, that the concern regarding the amount of fluoride in toothpaste be referred to the Medical Officer of Health to bring back appropriate recommendations that can be sent to the Ministry of Health;

And further, that the Region of Peel request the Province of Ontario, in cooperation with the Federal Government, to undertake the necessary research to determine the advantages and disadvantages of the fluoridation of drinking water systems and provide the necessary direction to the Municipal Water Systems regarding this issue;

And further, that the delegations in favour of water fluoridation and the delegations against the fluoridation of water be thanked for the time they have allocated to this issue and for their presentations to Regional Council.

    In Favour: F. Dale, C. Fonseca; N. Iannicca; H. McCallion; S. McFadden; G. Miles; E. Moore; M. Morrison; P. Mullin; P. Palleschi; R. Paterak; J. Sanderson; J. Sprovieri; R. Starr; A. Thompson; J. Tovey; R. Whitehead
    Total: 17
       
    Opposed: Nil
    Total: 0
       
    Absent: E. Adams; G. Carlson; S. Fennell; P. Foley; S. Hames; K. Mahoney; P. Saito
    Total: 7

Carried unanimously 2011-362

See also Resolutions 2011-340 to 2011-361 inclusive, 2011-375 and 2011-376

Regional Chair Kolb extended his appreciation to all of the delegates who spoke to the issue of community water fluoridation.


Regional Council recessed at 1:56 p.m.

Regional Council reconvened at 2:24 p.m.

  Members Present:

F. Dale; C. Fonseca; N. Iannicca; E. Kolb; H.  McCallion; S. McFadden¨; G. Miles; E. Moore; M. Morrison; P.  Mullin; P. Palleschi; R. Paterak; J. Sanderson; J. Sprovieri; R. Starr; A. Thompson; J. Tovey; R. Whitehead

     
  Members Absent:

E. Adams; G. Carlson, due to a personal matter; S. Fennell, due to a personal matter; P. Foley, due to vacation; S. Hames, due to vacation; K. Mahoney, due to a personal matter; P. Saito, due to a personal matter


In Camera Matters – Items 10.1a to 10.1c were dealt with.

10. IN CAMERA MATTERS

At 2:25 p.m., in accordance with section 239(2) of the Municipal Act, 2001, as amended, a motion was placed, and was carried, to move into closed session to consider the following subject matters:

Moved by Councillor Palleschi,
Seconded by Councillor Paterak;

That Council proceed “In Camera” to consider Council reports relating to the following:

Additional Item:

Carried 2011-363

Councillor McFadden departed at 3:19 p.m.

Moved by Councillor Tovey,
Seconded by Councillor Thompson;

That Council proceed out of “In Camera”.

Carried 2011-364

Moved by Councillor Paterak,
Seconded by Councillor Palleschi;

That in accordance with Procedural By-law 57-2006, as amended, Section III-2(n), be waived in order that the April 28, 2011 Regional Council continue past 3:30 p.m.

Carried 2011-365

Council moved out of closed session at 4:30 p.m.

Moved by Councillor Palleschi,
Seconded by Councillor Mullin;

That the Communication from Aird and Berlis, Barristers and Solicitors, dated April 26, 2011, be received;

And further, that the recommendations contained within the confidential reports related to items 10.1a to 10.1c inclusive, listed on the April 28, 2011 Regional Council agenda be approved, and become public upon adoption.

Carried 2011-366

See also Resolutions 2011-367 to 2011-371 inclusive

1. Staff Reports

Item 10.1c was dealt with.

c) Appeals of Regional Official Plan Amendments 20, 22, 23, 24 and 25 (Litigation or potential litigation, including matters before administrative tribunals, affecting a municipality or local board)

Moved by Councillor Morrison,
Seconded by Councillor McCallion;

That the Without Prejudice Settlement Proposal submitted on behalf of Solmar Development Corporation to settle its appeals of Regional Official Plan Amendments as set out in the In Camera report of the Chief Financial Officer and Commissioner of Corporate Services, dated April 20, 2011, not be accepted.

Councillor Palleschi requested an amendment to the main motion, to include the following and requested a recorded vote.

Moved by Councillor Palleschi,
Seconded by Councillor Sanderson;

And further, that staff continue to work with staff from the Town of Caledon, the City of Brampton, the City of Mississauga, and other interested parties to resolve ROPA 24 issues.

    In Favour: N. Iannicca; P. Palleschi; J. Sanderson
    Total: 3
       
    Opposed: F. Dale; C. Fonseca; H. McCallion; G. Miles; E. Moore; M. Morrison; P. Mullin; R. Paterak; J. Sprovieri; R. Starr; A. Thompson; J. Tovey; R. Whitehead
    Total: 13
       
    Absent: E. Adams; G. Carlson; S. Fennell; P. Foley; S. Hames; K. Mahoney; S. McFadden; P. Saito
    Total: 8

Lost 2011-367

The main motion was voted upon:

Councillor Palleschi requested a recorded vote.

Moved by Councillor Morrison,
Seconded by Councillor McCallion;

That the Without Prejudice Settlement Proposal submitted on behalf of Solmar Development Corporation to settle its appeals of Regional Official Plan Amendments as set out in the In Camera report of the Chief Financial Officer and Commissioner of Corporate Services, dated April 20, 2011, not be accepted.

    In Favour: F. Dale; C. Fonseca; N. Iannicca; H. McCallion; G. Miles; E. Moore; M. Morrison; P. Mullin; R. Paterak; J. Sanderson; J. Sprovieri; R. Starr; A. Thompson; J. Tovey; R. Whitehead
    Total: 15
       
    Opposed: P. Palleschi
    Total: 1
       
    Absent: E. Adams; G. Carlson; S. Fennell; P. Foley; S. Hames; K. Mahoney; S. McFadden; P. Saito
    Total: 8

Carried 2011-368

See also Resolutions 2011-366, 2011-367 and 2011-371

a) Proposed Property Acquisition Pursuant to Section 30 of the Expropriations Act, R.S.O. 1990, C.E.26 (A proposed or pending acquisition or disposition of land by the municipality or local board)

Moved by Councillor Palleschi,
Seconded by Councillor Thompson;

That The Regional Municipality of Peel, as Purchaser, enter into an agreement with Shell Canada Limited and Shell Canada Products, as Vendor, pursuant to Section 30 of the Expropriations Act, R.S.O., 1990, c. E.26, for the purchase of the fee simple lands described as of Part of Lot 1, Concession 7 Northern Division, City of Brampton (formerly Township of Toronto Gore), Regional Municipality of Peel, designated as Parts 2 and 6 on draft reference plan 123-2-10 prepared by David B. Searles Surveying Ltd. and for the purchase of a permanent hydro easement over Part of Lot 1, Concession 7 Northern Division, City of Brampton (formerly Township of Toronto Gore), Regional Municipality of Peel, designated as Parts 1, 4 and 5 on draft reference plan 123-2-10 prepared by David B. Searles Surveying Ltd. and a permanent hydro anchor easement over Part of Lot 1, Concession 7 Northern Division, City of Brampton (formerly Township of Toronto Gore), Regional Municipality of Peel, designated as Part 3 on draft reference plan 123-2-10 prepared by David B. Searles Surveying Ltd. and a temporary working easement over Part of Lot 1, Concession 7 Northern Division, City of Brampton (formerly Township of Toronto Gore), Regional Municipality of Peel, designated as Parts 3 and 4 on draft reference plan 123-2-10 prepared by David B. Searles Surveying Ltd.;

And further, that the Office of the Regional Solicitor be authorized to complete the transaction, including the execution of all documents, Affidavits, Statutory Declarations and Undertakings required;

And further, that the necessary funds to complete the transaction be financed from Capital Project 07-4250.

Carried 2011-369

See also Resolution 2011-366

b) Payment of Compensation Pursuant to the Expropriations Act, R.S.O. 1990, C.E.26 Regional Road 107 (Bovaird Drive) Widening Highway 410 to Regional Road 1 (Mississauga Road) - City of Brampton, Ward 2 (A proposed or pending acquisition or disposition of land by the municipality or local board)

Moved by Councillor Palleschi,
Seconded by Councillor Thompson;

That The Regional Municipality of Peel enter into a Minutes of Settlement and Full and Final Release Agreement with Elizabeth Jane Francis and Stephen Wilson Early for a full and final settlement and release of all claims arising from the expropriation of fee simple lands described as Part of Lot 11, Concession 1 West of Hurontario Street, City of Brampton (formerly Township of Chinguacousy), Regional Municipality of Peel, being more particularly identified as Parts 8 and 9 on Expropriation Plan PR836030;

And further, that the funds be financed from Capital Project 02-4090.

Carried 2011-370

See also Resolution 2011-366

c) Appeals of Regional Official Plan Amendments 20, 22, 23, 24 and 25 (Litigation or potential litigation, including matters before administrative tribunals, affecting a municipality or local board)

This item was dealt with under Resolutions 2011-367 and 2011-368

Additional Item – Item 10.1d:

COMMUNICATION

d) Communication from Aird and Berlis, Barristers and Solicitors, dated April 26, 2011

Received 2011-371

See also Resolutions 2011-366 and 2011-367


6. REPORTS

1. Proclamation Reports

a) Proclamation of Event Weeks

Moved by Councillor Morrison,
Seconded by Councillor Moore;

That May 1 to 7, 2011 be proclaimed “Emergency Preparedness Week” in the Regional Municipality of Peel;

And further, that May 1 to 7, 2011 be proclaimed “Privacy Awareness Week” in the Regional Municipality of Peel;

And further, that May 29 to June 4, 2011 be proclaimed “National Access Awareness Week” in the Regional Municipality of Peel.

Carried 2011-372

b) Recognizing Canada Health Day, Nursing Week and Paramedic Week in the Region of Peel

Moved by Councillor Morrison,
Seconded by Councillor Moore;

That May 12, 2011 be proclaimed “Canada Health Day” in the Regional Municipality of Peel;

And further, that the week of May 9 to 15, 2011 be proclaimed “National Nursing Week” in the Regional Municipality of Peel;

And further, that the week of May 15 to 21 be proclaimed “Paramedic Week” in the Regional Municipality of Peel;

And further, that all Health Services staff be commended for their dedication to providing long-term care, pre-hospital emergency medical services and public health programs to over 1.2 million residents in Peel.

Carried 2011-373

2. Staff Reports

ITEMS RELATED TO HEALTH
Chaired by Regional Chair E. Kolb

HE-A. PARAMEDIC SERVICES

HE-A1. Non-Emergency Inter-Facility Patient Transportation Services in Ontario

Moved by Councillor Mullin,
Seconded by Councillor Tovey;

That the Province of Ontario be requested to provincially regulate non-emergency patient transfer services;

And further, that the Regional Chair write, on behalf of Regional Council, write to the Premier of Ontario, the Minister of Health and Long-Term Care and the Minister of Transportation to advocate for provincial-wide standards for non-emergency inter-facility patient transportation services in Ontario;

And further, that a copy of the report of the Commissioner of Health Services, dated March 28, 2011, titled “Non-emergency Inter-facility Patient Transportation Services in Ontario” be sent to Peel area MPPs, the Chief Executive Officers of the Mississauga-Halton and Central West Local Health Integration Networks, Ontario Medical Association, Ontario Hospital Association and Association of Municipalities of Ontario.

Carried 2011-374

Councillor Mullin extended her appreciation to the Commissioner of Health Services and Health Services staff for their efforts related to the issue of inter-facility patient transportation services in Ontario.


HE-B. PUBLIC HEALTH

  HE-B1. Health Benefits of Community Water Fluoridation
      Presentation by Dr. David Mowat, Medical Officer of Health

This item was dealt with under Resolutions 2011-359 to 2011-362 inclusive

Additional Items – Items HE-C1 to HE-C3 inclusive:


HE-C. COMMUNICATIONS

HE-C1. Paul Sharma, Resident, City of Brampton, Letter dated April 20, 2011, Supporting Community Water Fluoridation

Received 2011-375

See also Resolutions 2011-339 to 2011-362 inclusive and 2011-376

HE-C2. Dr. Stephen Gangbar, President, Halton Peel Dental Association, Letter dated April 20, 2011, Providing Information on the Safety and Benefits of Fluoride and the Need for Continuing Water Fluoridation

Received 2011-376

See also Resolutions 2011-339 to 2011-362 inclusive and 2011-375

HE-C3. “Professionals Statement to End Water Fluoridation”

This item was dealt with under Resolution 2011-358

ITEMS RELATED TO HUMAN SERVICES
Chaired by Regional Chair E. Kolb

HS-A. INTERDEPARTMENTAL

HS-A1. Provincial Poverty Reduction Strategy Update

Received 2011-377

HS-B. DEPARTMENTAL

HS-B1. Home in Peel: Affordable Home Ownership Program - Phase Two Information Update

Moved by Councillor Sanderson,
Seconded by Councillor Tovey;

That the Regional Chair write, on behalf of Regional Council, to the Minister of Human Resources and Skills Development Canada, the Minister Responsible for the Canada Mortgage and Housing Corporation and the Minister of Municipal Affairs and Housing, to request their government's positions on their commitment to Years Three to Five of the Canada - Ontario Affordable Housing Program, including the Affordable Home Ownership component.

Carried 2011-378

ITEMS RELATED TO MANAGEMENT
Chaired by Regional Chair E. Kolb

MA-A. INTERDEPARTMENTAL

MA-A1. Status of Peel Region Official Plan Review Amendments, Area Municipal Provincial Policy Conformity Official Plan Amendments, the City of Mississauga’s New Comprehensive Official Plan and Legal Services for the Peel Region Official Plan Review Ontario Municipal Board Hearing

Moved by Councillor Miles,
Seconded by Councillor Paterak;

That the contract for External Legal Services for the Peel Region Official Plan Review (PROPR) Ontario Municipal Board (OMB) hearings and related hearings contingent on the outcome of the PROPR, be awarded to Garrod Pickfield LLP in the estimated amount of $364,000 (excluding applicable taxes), under Capital Project 11-7708, in accordance with Purchasing By-law 63-2008.

Carried 2011-379


MA-B. CHIEF FINANCIAL OFFICER AND CORPORATE SERVICES

MA-B1. 2011 Final Levy By-law

Moved by Councillor Miles,
Seconded by Councillor Moore;

That the necessary by-law be presented for enactment which apportions the 2011 Regional net levy requirement of $829,937,264 to the Cities of Brampton and Mississauga and the Town of Caledon in accordance with the Council approved apportionment formula, as set out in Appendix I of the report of the Chief Financial Officer and Commissioner of Corporate Services, dated March 17, 2011, titled “2011 Final Levy By-law”.

Carried 2011-380

See also Resolution 2011-407

MA-B2. Town of Caledon's Request to Change the Relief of Financial Hardship for Low-Income Seniors and Low-Income Persons with Disabilities Program Currently Provided by the Region of Peel

Received 2011-381

Councillor Thompson moved receipt of the report.

Councillor Paterak requested that the Commissioner of Human Services report to a future meeting of Regional Council with an analysis of how the Relief of Financial Hardship for Low-Income Seniors and Low-Income Persons with Disabilities Program has affected lives.

MA-B3. Notice of Scoped Withdrawals on Appealed Peel Region Official Plan Review Amendments 20, 22, 23 and 25

Received 2011-382


MA-C. EXECUTIVE OFFICE

MA-C1. Report of the Intergovernmental Relations Advisory Committee (IRAC-2011-2) meeting held April 7, 2011

Moved by Councillor Thompson,
Seconded by Councillor Sanderson;

That the report of the Intergovernmental Relations Advisory Committee (IRAC-2011-2) meeting held April 7, 2011, be adopted.

Carried 2011-383

1. DECLARATIONS OF CONFLICTS OF INTEREST - Nil

2. APPROVAL OF AGENDA

RECOMMENDATION IRAC-5-2011:

That the agenda for the April 7, 2011 Intergovernmental Relations Advisory Committee meeting, be approved.

Approved 2011-384

3. DELEGATIONS/PRESENTATIONS - Nil

4. REPORTS

  a) Rural Ontario Municipal Association/Ontario Good Roads Association (ROMA/OGRA) Annual Conference Summary (Oral)
      Discussion led by Allan Thompson, Chair, Intergovernmental Relations Advisory Committee

Received 2011-385

4c was dealt with.

c) Federal Election Strategy

RECOMMENDATION IRAC-6-2011:

That the recommendations identified in the report of the Regional Chair; dated March 28, 2011, titled “Federal Election Strategy,” be approved.

Approved 2011-386

b) Provincial Election Strategy

Referred back to staff for revisions 2011-387

c) Federal Election Strategy

This item was dealt with under Resolution 2011-386

5. GOVERNMENT RELATIONS STATUS REPORT AND CURRENT ACTIVITIES (Oral)
Discussion led by Lowell Rubin-Vaughan, Intergovernmental Relations Advisor, Office of Strategic Innovation and Policy

a) Federal News
b) Provincial News
c) Local News

Received 2011-388

6. COMMUNICATIONS – Nil

7. IN CAMERA MATTERS – Nil

8. OTHER BUSINESS

a) Vote Compass

Received 2011-389


MA-D. COMMUNICATIONS

MA-D1. Rick Bartolucci, Minister of Municipal Affairs and Housing, Letter dated March 18, 2011, Responding to a Letter from Regional Chair Kolb Regarding Delegation of Tax Ratio Setting Authority

Received 2011-390

MA-D2. Frederick Biro, Executive Director, Peel Police Services Board, Letter dated March 28, 2011, Providing a Copy of the Peel Police Services Board Report titled “2010 External Funding Assistance – Public Police Programs“

Received 2011-391

MA-D3. Ken Whitbread, Manager, Niagara Escarpment Commission, Letter dated March 30, 2011, Providing a Copy of Niagara Escarpment Plan Amendment PC 172 08 – Agricultural Polices and Related Housekeeping

Received 2011-392

MA-D4. Hazel McCallion, Mayor, City of Mississauga, Letter dated March 31, 2011, Providing a Copy of a Letter sent to Premier Dalton McQuinty from the City of Mississauga Regarding a Transportation Infrastructure Funding Resolution

Received 2011-393

MA-D5. Marolyn Morrison, Mayor, Town of Caledon, Letter dated April 13, 2011, Tendering of Her Resignation from the Intergovernmental Relations Advisory Committee, Emergency Management Program Committee, Emergency and Protective Services Committee and the Waste Management Committee

Received 2011-394

See also Resolutions 2011-395 and 2011-396

Moved by Councillor Thompson,
Seconded by Councillor Starr;

That the resignation of Councillor Morrison from the following Committees of Regional Council effective May 1, 2011, be accepted:

• Intergovernmental Relations Advisory Committee
• Emergency Management Program Committee
• Emergency and Protective Services Committee
• Waste Management Committee

Carried 2011-395

See also Resolutions 2011-394- and 2011-396

Additional Item – Item MA-D6:

MA-D6. Emil Kolb, Regional Chair, E-mail dated April 25, 2011, Expressing his Apprication to Mayor Morrison for her Commitment and Contributions to Regional Committees and Extending his Congratulations on her Appointment to the Oak Ridges Moraine Foundation’s Board of Directors

Received 2011-396

See also Resolutions 2011-339, 2011-394 and 2011-395

ITEMS RELATED TO PUBLIC WORKS
Chaired by Regional Chair E. Kolb

PW-A. WASTE MANAGEMENT

PW-A1. Report of the Waste Management Committee (WMC-2011-2) meeting held on April 7, 2011

Moved by Councillor Sanderson,
Seconded by Councillor Tovey;

That the report of the Waste Management Committee (WMC-2011-2) meeting held on April 7, 2011 be adopted.

Carried 2011-397

1. DECLARATIONS OF CONFLICTS OF INTEREST - Nil

2. APPROVAL OF AGENDA

RECOMMENDATION WM-4-2011:

That the agenda for the April 7, 2011 Waste Management Committee meeting be amended to include a delegation by Rod Muir, Partner, Sure-Close Inc. regarding the in-home foodscrap collection container, to be dealt with under Delegations/Presentations – Item 3a;

And further, that the agenda for the April 7, 2011 Waste Management Committee meeting be approved, as amended.

Approved 2011-398

See also Resolution 2011-399

3. DELEGATIONS/PRESENTATIONS

Additional Item – Item 3a:

a) Rod Muir, Partner, Sure-Close Inc., Regarding the Sure-Close in-Home Foodscrap Collection Container

Received 2011-399

See also Resolutions 2011-398 and 2011-400

Item 5a was dealt with.

5. COMMUNICATIONS

a) Rod Muir, Partner, Sure-Close Inc., Letter dated March 3, 2011, Introducing the Sure-Close in-Home Foodscrap Collection Container

Received 2011-400

See also Resolution 2011-399

4. REPORTS

  a) Waste Management Program Objective, Goals and Actions
      Presentation by Norman Lee, Director, Waste Management

Received 2011-401

  b) Waste Reduction and Reuse Strategy
      Presentation by Norman Lee, Director, Waste Management

Received 2011-402

  c) Update on Long Term Waste Disposal Study
      Presentation by Norman Lee, Director, Waste Management

Received 2011-403

5. COMMUNICATIONS

a) Rod Muir, Partner, Sure-Close Inc., Letter dated March 3, 2011, Introducing the Sure-Close in-Home Foodscrap Collection Container

This item was dealt with under Resolution 2011-400


PW-B. WATER

PW-B1. Consulting Services for the 2012 Water and Wastewater Servicing Master Plan for the Lake-Based Systems, Capital Projects 10-1504 and 10-2520, Document Number 2010-794P, Region of Peel

Moved by Councillor Starr,
Seconded by Councillor Thompson;

That the contract (Document 2010-794P) for consulting engineering services for the 2012 Water and Wastewater Servicing Master Plan for the Lake-Based Systems be awarded to AECOM Canada Limited under Capital Projects 10-1504 and 10-2520 in the estimated amount of $1,096,260 (excluding applicable taxes), in accordance with Purchasing By-law 63-2008.

Carried 2011-404

Councillor Starr stated that he had discussions with Regional staff and concluded that the current procurement system is satisfactory. He noted that staff will look at ways to improve the process for the future.


PW-C. COMMUNICATIONS

PW-C1. John Britto, Legislative Coordinator, City of Mississauga, Letter dated March 31, 2011, Providing a Copy of the Recommendation and Report titled “Assessing Planning Tools for Mississauga: Requested Modifications to the Proposed New Mississauga Official Plan Policies Regarding Bonus Zoning Community Improvement – Report on Comments”

Referred to Public Works 2011-405

See also Resolution 2011-406

PW-C2. John Britto, Legislative Coordinator, City of Mississauga, Letter dated March 31, 2011, Providing a Copy of the Recommendation and Report titled “Proposed New Mississauga Official Plan – Requested Modifications – Report on Comments”

Referred to Public Works 2011-406

See also Resolution 2011-405


7. BY-LAWS

Three Readings:

By-law 52-2011: A by-law to adopt estimates of all sums required during the year 2011 for the purposes of the Regional Corporation and to provide a general levy and special levies on lower-tier municipalities.

Moved by Councillor Palleschi,
Seconded by Councillor Mullin;

That the by-law listed on the Regional Council agenda, being By-law
52-2011, 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 2011-407

See also Resolution 2011-380

 

8. OTHER BUSINESS

Additional Item – Item 8a:

a) April 28, 2011 Waste Collection (Oral)

Received 2011-408

Councillor McCallion stated that garbage was strewn all over communities in Peel due to high winds and bad weather which occurred the morning of April 28th. She requested that Regional and area municipal staff work together to come up with a solution and arrange for a Region-wide clean up.


9. NOTICES OF MOTION
- Nil


10. IN CAMERA MATTERS

Items Related to In Camera Matters were dealt with under Resolutions 2011-367 to 2011-371 inclusive


11. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL

Moved by Councillor Palleschi,
Seconded by Councillor Starr;

That By-law 53-2011 to confirm the proceedings of Regional Council at its meeting held on April 28, 2011, 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 Regional Chair and the Regional Clerk, and the Corporate Seal be affixed thereto.

Carried 2011-409


12. ADJOURNMENT

The meeting adjourned at 4:46 p.m.


C. Reid
_________________________
Regional Clerk

E. Kolb
_________________________
Regional Chair