September 26, 2013 Regional Council Minutes
Page Content:
1. Prayer and Roll Call
2. Declarations of Conflicts of Interest
3. Approval of Minutes
4. Approval of Agenda
5. Delegations
6. Reports
  1. Staff Reports
     
7. By-laws
8. Other Business
9. Notices of Motion
10. In Camera Matters
11. By-law to Confirm the Proceedings of Council
12. Adjournment

THE COUNCIL OF
THE REGIONAL MUNICIPALITY OF PEEL
September 26, 2013

Regional Chair Kolb called the meeting of Regional Council to order at 9:31 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:
G. Carlson; B. Crombie*; F. Dale; S. Fennell; P. Foley; C. Fonseca; S. Hames; N. Iannicca; E. Kolb; K. Mahoney; H. McCallion; S. McFadden; G. Miles; E. Moore; M. Morrison; P. Mullin; P. Palleschi; R. Paterak; P. Saito; J. Sanderson; J. Sprovieri; R. Starr; A. Thompson; J. Tovey; R. Whitehead
     
  Members Absent: Nil
     
  Also Present: D. Szwarc, Chief Administrative Officer; R. K. Gillespie, 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; P. O’Connor, Regional Solicitor and Director, Legal and Risk Management; K. Lockyer, Regional Clerk and Director of Clerk’s; C. Thomson, Legislative Specialist; S. Singh, Legislative Technical Coordinator; V. Montesdeoca, Legislative Technical Coordinator; H. Gill, Legislative Assistant

___________________________________

*See text for arrivals
¨See text for departures


2. DECLARATIONS OF CONFLICTS OF INTEREST - Nil


3. APPROVAL OF MINUTES

a) September 12, 2013, Regional Council Meeting

Moved by Councillor Thompson,
Seconded by Councillor Sanderson;

That the minutes of the Regional Council meeting held on September 12, 2013 be approved.

Carried 2013-728


4.
APPROVAL OF AGENDA

Moved by Councillor Sprovieri,
Seconded by Councillor Sanderson;

That the agenda for the September 26, 2013 Regional Council meeting include a communication from the Federation of Canadian Municipalities (FCM), regarding the Building Canada Fund, to be dealt with under Other Business – Item 8a;

And further, that the agenda for the September 26, 2013 Regional Council meeting include a delegation from Brian Johnston, Resident, City of Brampton regarding Brampton’s Representation on Regional Council, to be dealt under Delegations – Item 5c;

And further, that the agenda for the September 26, 2013 Regional Council meeting be approved, as amended.

Carried 2013-729

See also Resolutions 2013-734 and 2013-787


5. DELEGATIONS

a) Aamna Ashraf, Director, Peel Newcomer Strategy Group (PNSG), Providing a Collective Impact Report for 2012-2013 and Information Regarding Regional Alignment and Support for the Work of PNSG

Received 2013-730

See also Resolution 2013-731

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

Aamna Ashraf, Director, Peel Newcomer Strategy Group (PNSG) provided an update on the recent activities of the PNSG. She provided a collective impact report and emphasized a process of Service Access Coordination and the “No Wrong Door Approach” to seamless systems navigation for newcomers in five neighbourhoods in the Region of Peel: Malton, Meadowvale, Sheridan, Springdale and Bolton.

Items Related to Human Services was dealt with.

HS-A. DEPARTMENTAL

HS-A1. Peel Newcomer Strategy Group (PNSG)

Received 2013-731

See also Resolution 2013-730

b) Mayor Susan Fennell, John Corbett, Chief Administrative Officer and Peter Simmons, Chief Corporate Services Officer, City of Brampton, Regarding Brampton Representation at Regional Council

Received 2013-732

See also Resolutions 2013-733 to 2013-738, inclusive

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

Mayor Susan Fennell, City of Brampton, advised that the Council of the City of Brampton had unanimously supported a recommendation that would provide the City of Brampton with fair representation at Regional Council and she requested the support of Regional Council for the City of Brampton to have the strength of voice that is afforded through representation by population.

John Corbett, City Manager and Peter Simmons, Chief Corporate Services Officer, City of Brampton, provided an overview of the current representation at Regional Council which has been in place since 2005 when Bill 186, The Regional Municipality of Peel Act, 2005 (the Act,) was enacted. John Corbett reviewed the City of Brampton’s current representation and Ward Boundaries which include 10 Wards and 11 members of Council comprised of the Mayor and one City and one Regional Councillor for each of 5 electoral areas. One additional Regional Councillor is appointed by Brampton Council from among the City Councillors through a process that is set out in Brampton’s Procedure By-law. He noted that Brampton approved new municipal boundaries for the 2014 Municipal Election to address significant population growth distribution. Regional representation comparators from other municipalities were presented and it was noted that the population per elected Member of Region of Peel Council is 55,292; however, because Regional Councillors from the City of Brampton represent two Wards, they each represent approximately twice that number.

John Corbett highlighted the recommendations from the 2004 report of Justice Adams which included increasing Brampton’s representation on Regional Council to 11, based on Brampton’s explosive growth since 2000. Despite the report’s recommendation, the Province of Ontario passed the Act, which provided for only seven Brampton representatives. In recognition of Brampton’s growth and to ensure fair and equitable governance in the Region of Peel, the City of Brampton requested the support of Regional Council to request the Minister of Municipal Affairs and Housing (MMAH) to enact a regulation for the composition of Regional Council to be increased by the addition of four City of Brampton Councillors.

In response to a question from Councillor Starr, John Corbett stated that the current population of the City of Brampton is approximately 560,000 and that approved growth targets anticipate an additional 18,000 residents per year.

Councillor Crombie arrived at 9:48 a.m.

Additional Item – Item MA-C3 was dealt with.

MA-C. COMMUNICATIONS

MA-C3. Peter Fay, City Clerk, City of Brampton, Letter dated September 25, 2013, Providing a Copy of a City of Brampton Resolution Regarding the Regional Representation Task Force Delegation to Regional Council

Received 2013-733

See also Resolutions 2013-732 and 2013-734 to 2013-738 inclusive

Additional Item – Item 5c:

c) Brian Johnston, Resident, City of Brampton, Regarding City of Brampton Representation at Regional Council

Received 2013-734

See Resolutions 2013-729, 2013-732, 2013-733 and 2013-735 to 2013-738 inclusive

Brian Johnston, Resident, City of Brampton, stated that the addition of four Brampton Councillors on Regional Council would assist the current Regional Councillors from Brampton with their workload which, in his opinion, is excessive. He requested that Regional Council consider and act upon the recommendations presented by the City of Brampton delegation to equalize their representation.

In response to a question of clarification from Councillor Iannicca, Kathryn Lockyer, Regional Clerk, outlined the process to change the composition of Regional Council by the addition of four additional Brampton Councillors which would require a resolution from Regional Council to request that the Minister of Municipal Affairs and Housing enact a regulation to authorize the change. Once the Minister’s authorization is received by Regional Council, a by-law to change Council’s composition would be drafted; public notice of the by-law would be provided and a public meeting held. The by-law would then need to pass by a “triple majority”. The Regional Clerk explained that the achievement of a “triple majority” requires the by-law to be approved by Regional Council; consent to the by-law by the majority of the lower-tier councils; and, the number of electors in those consenting municipalities must form a majority of all electors in the upper-tier. The process would need to be finalized prior to December 31, 2013 in order for the by-law to be effective for the 2014 Municipal Election.

Councillor Iannicca stated that, in his opinion, the Councils of the City of Mississauga and the Town of Caledon should have the opportunity to consider the matter and obtain public input prior to determining whether the process to change the composition of Regional Council should be initiated. Councillor Iannicca requested referral of the issue to the area municipalities.

Councillor Paterak stated, for the record, that he would not support a process that would reduce the number of political representatives from the Town of Caledon, noting that although Caledon’s population numbers are not as great as those of Brampton and Mississauga, services in Caledon are primarily property-oriented and the Town of Caledon encompasses a huge land mass.

Councillor Mullin suggested that the issue of Brampton’s representation should not be dealt with in isolation but rather, the whole governance structure of the Region of Peel should be examined.

Councillor Saito indicated her support for the referral of the issue to the area municipalities, noting that given the short timeframe to complete the legislative process to change the composition of Regional Council, the issue should have been brought forward sooner to enable consultation with area municipal staff and residents. She further highlighted the financial implications associated with a change to Regional Council’s composition including reconfiguration of the Council Chamber and salaries.

Moved by Councillor Iannicca,
Seconded by Councillor Saito;

That the issue of Brampton’s representation on Regional Council be referred to the three area municipalities;

And further, that the matter of the change to the composition of Regional Council be deferred to the October 24, 2013 meeting of Regional Council.

Councillor Sprovieri spoke against the referral, noting that the process to change the composition of Regional Council requires that the proposed by-law be considered and approved by the Councils of the area municipalities which would enable public input to be received and that the by-law would not be enacted if the three area municipalities did not agree.

Councillor Palleschi expressed concern that referral of the motion would preclude the completion of the legislative process to effect a change to the composition of Regional Council within the required timeframe to be effective for the 2014 Municipal Election.

Councillor McCallion noted that the Task Force formed to deal with the election of the Regional Chair and Brampton’s request for additional Regional Council members gave careful consideration to the issues and recommended that, due to timing constraints and the significance of the issues, the composition of Regional Council be maintained for the 2014 Municipal Election and that the matter be revisited early during the 2014-2018 term of Regional Council. She noted that the Task Force also recommended that the appointment of the Regional Chair be conducted by open vote.

Councillor McCallion stated that the suggestion made to the Task Force by Councillor Fennell, that those persons who wish to be considered for appointment to the position of Regional Chair be required to indicate their interest by Nomination Day, should be considered. Councillor McCallion advised that she had written letters to the leaders of the three political parties in Ontario to request the enactment of legislation prior to the next municipal election, that would require a local Councillor to resign their position if they accept an appointment to another office.

Councillor McCallion advised that while she believes the City of Brampton needs increased representation at Regional Council, she would not support an increase to the size of Regional Council.


Regional Council recessed at 11:41 a.m. at the request of Councillor Fennell.

Regional Council reconvened at 12:40 p.m.

  Members Present: G. Carlson; B. Crombie; F. Dale; S. Fennell; P. Foley; C. Fonseca; S. Hames; E. Kolb; K. Mahoney¨; H. McCallion; S. McFadden; G. Miles¨; E. Moore; M. Morrison; P. Mullin; P. Palleschi; R. Paterak; P. Saito; J. Sanderson; J. Sprovieri; R. Starr; A. Thompson; J. Tovey; R. Whitehead
     
  Members Absent: N. Iannicca, due to a personal matter
     
  Also Present: D. Szwarc, Chief Administrative Officer; R. K. Gillespie, Commissioner of Employee and Business Services; D. Labrecque, Commissioner of Public Works; N. Trim, Chief Financial Officer and Commissioner of Corporate Services;
L. Duarte, Acting Commissioner of Human Services; J. Smith, Commissioner of Health Services; Dr. D. Mowat, Medical Officer of Health; P. O’Connor, Regional Solicitor and Director, Legal and Risk Management; K. Lockyer, Regional Clerk and Director of Clerk’s; C. Thomson, Legislative Specialist; S. Singh, Legislative Technical Coordinator; V. Montesdeoca, Legislative Technical Coordinator; H. Gill, Legislative Assistant


Councillor Fennell advised that the Members of Regional Council from the City of Brampton had caucused and she placed the following motion:

Moved by Councillor Fennell,
Seconded by Councillor Palleschi;

That the Council of the Regional Municipality of Peel notify the Minister of Municipal Affairs and Housing that the municipalities within the Region of Peel have initiated discussions to contemplate a change to Regional Council to include the eleven members from Brampton Council;

And further, that the matter of the change to the composition of Regional Council, be deferred to the October 24, 2013 meeting of Regional Council to enable deliberations at the local level.

The motion of referral, previously placed by Councillor Iannicca, was withdrawn.

After much discussion, Councillor Palleschi requested a friendly amendment to Councillor Fennell’s motion to request that the local Councils deliver the results of their deliberations in time to permit the process, if proceeding, to be finalized no later than December 31, 2013, which was accepted.

The motion, as amended, was voted upon.

Councillor Saito requested a recorded vote.

Moved by Councillor Fennell,
Seconded by Councillor Palleschi;

That the Council of the Regional Municipality of Peel notify the Minister of Municipal Affairs and Housing that the municipalities within the Region of Peel have initiated discussions to contemplate a change to Regional Council to include the eleven members from Brampton Council;

And further, that the matter of the change to the composition of Regional Council, be deferred to enable deliberations at the local level;

And further, that the local Councils be requested to deliver the results of the deliberations in time to permit the process, if proceeding, to be finalized no later than December 31, 2013.

  In Favour: G. Carlson, B. Crombie, F. Dale, S. Fennell, P. Foley, C. Fonseca, S. Hames, K. Mahoney, H. McCallion, S. McFadden, G. Miles, E. Moore, M. Morrison, P. Mullin, P. Palleschi, R. Paterak, P. Saito, J. Sanderson, J. Sprovieri, R. Starr, A. Thompson, J. Tovey; R. Whitehead
  Total: 23
     
  Opposed: Nil
  Total: 0
     
  Absent: N. Iannicca
  Total: 1

Carried unanimously 2013-735

See also Resolutions 2013-732 to 2013-734 inclusive and 2013-736 to 2013-738 inclusive

Moved by Councillor McCallion,
Seconded by Councillor Palleschi;

That the presentation from the City of Brampton to the September 26, 2013 Regional Council meeting regarding Brampton’s representation at Regional Council be referred to the area municipalities, for their consideration.

Carried 2013-736

See also Resolutions 2013-732 to 2013-735 inclusive, 2013-737 and 2013-738

Councillor Mahoney departed at 1:45 p.m., due to other municipal business.
Councillor Miles departed at 2:02 p.m., due to other municipal business.

Items Related to Management – Item MA-B2 was dealt with.

MA-B. EXECUTIVE OFFICE

MA-B2. Report of the 2013 Task Force on the Election of Regional Chair and Brampton Representation

Moved by Councillor Whitehead,
Seconded by Councillor Thompson;

That for the 2014 Municipal Election, the method of appointing the Chair of the Region of Peel Council be confirmed as appointment by the Members of Regional Council;

And further, that Appendix I to By-law 100-2012, being the Procedure By-law, be amended to reflect that the voting on the appointment of the Regional Chair by Regional Council be through an open vote and not by secret ballot;

And further, that By-law 100-2012, being the Procedure By-law, be amended to prohibit suspension of the rules governing the procedure on the appointment of the Regional Chair set out in Appendix I;

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

And further, that the Provincial government be requested to enact for the 2014 municipal election, legislation to authorize the Region of Peel to require that persons who intend to seek appointment as Regional Chair be required to publicly so declare on or before municipal nomination day.

Carried 2013-737

See also Resolutions 2013-732 to 2013-736 inclusive and 2013-738

Moved by Councillor Morrison,
Seconded by Councillor Moore;

That staff report to Regional Council early in 2015 to initiate a review of the governance of the Region of Peel;

And further, that staff include, but not be limited to, in the report on governance:

a) a review of the options for the selection of the Regional Chair; and
b) a review of the composition of Regional Council

And further, that the governance structure review be completed before June 1, 2016 in order to allow sufficient time to implement any changes by December 31, 2017 for the 2018 Municipal Election.

Carried 2013-738

See also Resolutions 2013-732 to 2013-737 inclusive


Regional Council recessed at 2:02 p.m.

Regional Council reconvened at 2:42 p.m.

  Members Present: G. Carlson; B. Crombie; F. Dale; S. Fennell; P. Foley; C. Fonseca; S. Hames; E. Kolb; H. McCallion; S. McFadden; E. Moore; M. Morrison; P. Mullin; P. Palleschi ; P. Saito; J. Sanderson; R. Starr¨; A. Thompson; J. Tovey
     
  Members Absent: N. Iannicca, due to a personal matter; K. Mahoney, due to other municipal business; G. Miles, due to other municipal business; R. Paterak; J. Sprovieri, due to other municipal business; R. Whitehead, due to other municipal business
     
  Also Present: D. Szwarc, Chief Administrative Officer; R. K. Gillespie, Commissioner of Employee and Business Services; D. Labrecque, Commissioner of Public Works; N. Trim, Chief Financial Officer and Commissioner of Corporate Services;
L. Duarte, Acting Commissioner of Human Services; J. Smith, Commissioner of Health Services; Dr. D. Mowat, Medical Officer of Health; P. O’Connor, Regional Solicitor and Director, Legal and Risk Management; K. Lockyer, Regional Clerk and Director of Clerk’s; C. Thomson, Legislative Specialist; S. Singh, Legislative Technical Coordinator; V. Montesdeoca, Legislative Technical Coordinator; H. Gill, Legislative Assistant


6. REPORTS

1. Staff Reports

ITEMS RELATED TO HUMAN SERVICES
Chaired by Vice-Chair Councillor P. Palleschi

HS-A. DEPARTMENTAL

HS-A1. Peel Newcomer Strategy Group (PNSG)

This item was dealt with under Resolution 2013-731


HS-B. COMMUNICATIONS

HS-B1. Teresa Piruzza, Minister of Children and Youth Services, Letter dated July 25, 2013, Responding to the Region of Peel’s Resolution Regarding the Peel Children’s Aid Society Budget Allocation

Received 2013-739

ITEMS RELATED TO MANAGEMENT
Chaired by Vice-Chair Councillor C. Fonseca

MA-A. CHIEF FINANCIAL OFFICER AND CORPORATE SERVICES

MA-A1. 2014 Regional Council and Committee Meeting Schedule

Moved by Councillor Fennell,
Seconded by Councillor Hames;

That the 2014 Regional Council and Committee meeting schedule, attached as Appendix I to the report of the Chief Financial Officer and Commissioner of Corporate Services dated August 20, 2013, titled “2014 Regional Council and Committee Meeting Schedule”, be amended by rescheduling the March 20, 2014 Regional Council and Peel Housing Corporation meetings to March 27, 2014;

And further, that the 2014 Regional Council and Committee meeting schedule be approved, as amended.

Carried 2013-740

MA-A2. Statement of Development Charges Reserve Funds – Fiscal 2012

Moved by Councillor Thompson,
Seconded by Councillor Tovey;

That the Regional Treasurer be directed to forward the statement attached as Appendix I to the report of the Chief Financial Officer and Commissioner of Corporate Services, dated July 29, 2013, titled “Statement of Development Charges Reserve Funds – Fiscal 2012”, to the Ministry of Municipal Affairs and Housing in accordance with the Development Charges Act, 1997 and Ontario Regulation 82/98.

Carried 2013-741

The Chief Financial Officer and Commissioner of Corporate Services was requested by Councillor Morrison to report to a future meeting of Regional Council with potential alternatives to front-end development financing.

MA-A3. Report of the Region of Peel Accessibility Advisory Committee (AAC-2013-5) meeting held on August 27, 2013

Moved by Councillor Hames,
Seconded by Councillor Morrison;

That the report of the Region of Peel Accessibility Advisory Committee (AAC-2013-5) meeting held on August 27, 2013, be adopted.

Carried 2013-742

1. CALL TO ORDER

2. APPROVAL OF AGENDA

RECOMMENDATION AAC-15-2013:

That the agenda for the August 27, 2013, Region of Peel Accessibility Advisory Committee meeting, include an update from Maureen Tymkow regarding Roundabouts in the Town of Caledon, to be dealt with under Reports – Item 6b-iv-1;

And further, that the agenda for the August 27, 2013, Region of Peel Accessibility Advisory Committee meeting be approved, as amended.

Approved 2013-743

See also Resolution 2013-753

3. PREVIOUS MEETING MINUTES

a. Minutes of the Region of Peel Accessibility Advisory Committee (AAC-2013-4) meeting held on May 21, 2013

Received 2013-744

4. DELEGATIONS

a. Mark Head, Manager, Research and Analysis, Integrated Planning Division, Presenting the Region of Peel Official Plan Review 2013 - Accessibility Policies

Received 2013-745

See also Resolution 2013-749

b. Sotabdo Debnath, Capital Project Manager, Real Property Asset Management and Rebecca Fortin, Advisor, Chronic Disease and Injury Prevention, Peel Public Health, Presenting the Active Outdoor Space Project: Phases 1 and 2 and Active Stairwells

Received 2013-746

5. COMMUNICATIONS

a. Region of Waterloo, Report dated January 29, 2013, titled “Accessibility Solutions at Intersections and Roundabouts on Regional Roads in the Region of Waterloo”

Received 2013-747

b. Ann Hoy, Assistant Deputy Minister, Accessibility Directorate of Ontario, Ministry of Economic Development, Trade and Employment, Letter dated July 5, 2013, Announcing the Appointments for the New Accessibility Standards Advisory Council/Standards Development Committee

Received 2013-748

c. Mark Head, Manager, Research and Analysis and Jelena Baker, Planner, Integrated Planning Division, Memo dated July 17, 2013, titled “Region of Peel Official Plan Review 2013 - Accessibility Policies”

Received 2013-749

See also Resolution 2013-745

6. REPORTS

a. Accessible Transportation Master Plan Update (Oral)
Update by Hillary Calavitta, Principal Planner, Transportation Planning Division, Region of Peel

Received 2013-750

b. Updates

i) Region of Peel Accessibility Planning Program Monthly Update (June/July/August) (Oral)
Update by Meenu Sikand, Accessibility Planning Specialist, Region of Peel

Received 2013-751

ii) Region of Peel Accessibility Advisory Committee Work Plan Update

Received 2013-752

iii) Subcommittee Updates – Nil

iv) Region of Peel Accessibility Advisory Committee Member Updates

Additional Item – Item 6b-iv-1:

1. Roundabouts in the Town of Caledon (Oral)

Received 2013-753

See also Resolution 2013-743

MA-A4. Report of the Greenlands Securement Subcommittee (GSSC-2013-3) meeting held on September 5, 2013

Moved by Councillor Thompson,
Seconded by Councillor Starr;

That the report of the Greenlands Securement Subcommittee (GSSC-2013-3) meeting held on September 5, 2013, be adopted.

Carried 2013-754

1. DECLARATIONS OF CONFLICTS OF INTEREST - Nil

2. APPROVAL OF AGENDA

RECOMMENDATION GSSC-5-2013:

That the agenda for the September 5, 2013, Greenlands Securement Subcommittee meeting, be approved.

Approved 2013-755

3. DELEGATIONS - Nil

4. REPORTS

a) Greenlands Securement Program 2014 Budget

RECOMMENDATION GSSC-6-2013:

That the annual contribution to the Greenlands Securement Reserve R0221 remain unchanged at $750,000 for the 2014 Budget;

And further, that the $250,000 increase originally recommended for the 2011 Budget be deferred for consideration as part of the 2015 Budget.

Approved 2013-756

5. COMMUNICATIONS

a) Glenda Rodgers, Chief Administrative Officer, Lower Trent Conservation, Regarding Conservation Authorities Moraine Coalition 2012 Accomplishments

Received 2013-757

6. IN CAMERA

These items were dealt with under Resolutions 2013-789 and 2013-790


MA-B. EXECUTIVE OFFICE

MA-B1. Peel Regional Council Code of Conduct

Moved by Councillor Saito,
Seconded by Councillor Tovey;

That the report of the Chief Administrative Officer, dated September 5, 2013, titled “Peel Regional Council Code of Conduct”, be received;

And further, that a Committee of Council be formed comprising of at least one Councillor from each area municipality, to look at a potential code of conduct for Members of Regional Council;

And further, that Councillors Hames, Saito and Tovey opted to serve on the subject Committee.

Carried 2013-758

See Resolution 2013-759

Councillor McCallion declared a conflict of interest and left the room when Councillor Saito raised the issue of indemnification and insurance for Councillors.

Moved by Councillor Saito,
Seconded by Councillor Tovey;

That the Regional Solicitor report to a future meeting of Regional Council describing the indemnification under policies of insurance or otherwise which is available to Members of Council, in the event that an allegation of a breach of a member’s legal obligation has been made.

Carried 2013-759

See Resolution 2013-758

MA-B2. Report of the 2013 Task Force on the Election of Regional Chair and Brampton Representation

This item was dealt with under Resolutions 2013-737 and 2013-738

MA-B3. Report of the Intergovernmental Relations Advisory Committee (IRAC-2013-4) meeting held on September 5, 2013

Moved by Councillor Sanderson,
Seconded by Councillor Saito;

That the report of the Intergovernmental Relations Advisory Committee (IRAC-2013-4) meeting held on September 5, 2013, be adopted.

Carried 2013-760

1. DECLARATIONS OF CONFLICTS OF INTEREST - Nil

2. APPROVAL OF AGENDA

RECOMMENDATION IRAC-9-2013:

That the agenda for the September 5, 2013 Intergovernmental Relations Advisory Committee meeting, be approved.

Approved 2013-761

3. DELEGATIONS

a) Kyle Seeback, Member of Parliament, Brampton West, Regarding Opportunities for Collaboration on Issues within the Brampton West Riding

Received 2013-762

4. REPORTS

a) 2013 Association of Municipalities of Ontario (AMO) Annual Conference Update (Oral)
Discussion led by Allan Thompson, Chair, Intergovernmental Relations Advisory Committee

Deferred to the next Intergovernmental Relations Advisory Committee meeting 2013-763

5. GOVERNMENT RELATIONS STATUS REPORT AND CURRENT ACTIVITIES (Oral)
Discussion led by L. Rubin-Vaughan, Senior Advisor, Government Relations, Executive Office

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

Received 2013-764


MA-C. COMMUNICATIONS

MA-C1. Brock Carlton, Chief Executive Officer, Federation of Canadian Municipalities, Letter dated July 16, 2013, Advising of the First and Final Contribution in Regard to the Green Municipal Fund Project Grant Agreement – John Street Apartment and Municipal Parking Garage

Received 2013-765

MA-C2. Terri Brenton, Legislative Coordinator, City of Brampton, Letter dated August 22, 2013, Providing a Copy of a Resolution and the Report from Councillor Fennell Regarding the Federation of Canadian Municipalities (FCM) National Municipal Rail Safety Working Group

Received 2013-766

Additional Item – Item MA-C3:

MA-C3. Peter Fay, City Clerk, City of Brampton, Letter dated September 25, 2013, Providing a Copy of a City of Brampton Resolution Regarding the Regional Representation Task Force Delegation to Regional Council

This item was dealt with under Resolution 2013-733


ITEMS RELATED TO PUBLIC WORKS
Chaired by Councillor A. Thompson

PW-A. OPERATIONS SUPPORT

PW-A1. Implementation of Ontario Underground Infrastructure Notification System Act, 2012 (ON1Call)

Received 2013-767


PW-B. TRANSPORTATION

PW-B1. Review of the Aggregate Recycling Promotion Act - Bill 56

Deferred to the October 10, 2013 Regional Council meeting 2013-768

Councillor Morrison requested that Brian Messerschmidt, Executive Director, Aggregate Recycling Ontario (ARO), be invited to delegate to the October 10, 2013 Regional Council meeting to provide additional insight regarding Bill 56, as well as, information regarding the use of recycled aggregates.

PW-B2. Transportation Asset Management Strategy

Received 2013-769

Councillor Thompson requested that Troy Mander, Manager, Corporate Asset Management, be invited to present on the accomplishments related to Asset Management in the Region of Peel, at a future meeting of Regional Council.

PW-B3. Arterial Road Rationalization Review Phase III: Transfer of Jurisdictional Responsibilities for Sidewalks, Multi-use Trails and Street Lighting within the Regional Right-of-Way

Moved by Councillor Saito,
Seconded by Councillor Morrison;

That the transfer of jurisdictional responsibilities from the area municipalities to the Region of Peel, for providing transportation services with respect to sidewalks, multi-use trails and street lighting within the Regional right-of-way, be approved in principle, with an effective date subject to developing a service delivery model and preparing the necessary service agreements including legal, liability and financial factors, and detailed implementation plans;

And further, that the Chief Financial Officer and Commissioner of Corporate Services review all necessary information from the Cities of Mississauga and Brampton and the Town of Caledon to implement the operational, financial and jurisdictional changes for delivering the transportation services within the Regional right-of-way;

And further, that the Regional Solicitor review all agreements and necessary legal documentation from the Cities of Mississauga and Brampton and the Town of Caledon, and any other service providers, to implement the jurisdictional changes for delivering the transportation services within the Regional right-of-way;

And further, that the report of the Commissioner of Public Works, dated August 29, 2013, titled “Arterial Road Rationalization Review Phase III: Transfer of Jurisdictional Responsibilities for Sidewalks, Multi-Use Trails and Street Lighting within the Regional Right-of-Way” be forwarded to the Cities of Brampton and Mississauga, and the Town of Caledon, for endorsement.

Carried 2013-770

Councillor Saito commended staff for reporting back to Regional Council on the transfer of jurisdictional responsibilities for sidewalks, multi-use trails and street lighting within the Regional right-of-way in a timely manner. She stated that Regional and area municipal staff worked collaboratively to effectively present the recommendation contained in the report listed as Item PW-B3 on the September 26, 2013 Regional Council agenda.

In response to a question from Councillor McCallion, Dan Labrecque, Commissioner of Public Works, confirmed that signage on Regional Roads was included in the Matrix of Responsibilities attached as Appendix II to the subject report.

Councillor Starr departed at 2:51 p.m.


PW-C. WASTE MANAGEMENT

PW-C1. Report of the Waste Management Committee (WMC-2013-4) meeting held on September 5, 2013

Moved by Councillor Sanderson,
Seconded by Councillor Tovey;

That the report of the Waste Management Committee (WMC-2013-4) meeting held on September 5, 2013, be adopted.

Carried 2013-771

1. DECLARATIONS OF CONFLICTS OF INTEREST - Nil

2. APPROVAL OF AGENDA

RECOMMENDATION WM-11-2013:

That the agenda for the September 5, 2013 Waste Management Committee meeting include a communication from Norman Lee, Director, Waste Management, regarding the Peel Energy Recovery Centre, to be dealt with under Communications – Item 5b;

And further, that the agenda for the September 5, 2013 Waste Management Committee meeting include a communication from Norman Lee, Director, Waste Management, regarding the mixed rigid plastic media campaign and collection launch, to be dealt with under Communications – Item 5c;

And further, that the agenda for the September 5, 2013 Waste Management Committee meeting be approved, as amended.

Approved 2013-772

See also Resolutions 2013-773 and 2013-774

Items 5b and 5c were dealt with.

Additional Items – Items 5b and 5c:

5. COMMUNICATIONS

b) Norman Lee, Director, Waste Management, Project/Issue Update dated September 3, 2013, Regarding Peel Energy Recovery Centre

Received 2013-773

See also Resolution 2013-772

c) Norman Lee, Director, Waste Management, Project/Issue Update dated September 5, 2013, Regarding Mixed Rigid Plastic Media Campaign and Collection Launch

Received 2013-774

See also Resolution 2013-772

3. DELEGATIONS - Nil

4. REPORTS

a) White Goods (Large Metal Appliances and Metal Fixtures) Collection

RECOMMENDATION WM-12-2013:

That the collection of white goods (large metal appliances and metal fixtures) be discontinued effective June 30, 2016, at the end of the current White Goods collection contract;

And further, that the free drop-off of white goods and scrap metal at the Region of Peel Community Recycling Centres continue to be promoted.

Approved 2013-775

b) Waste Management Policy Changes for Business Improvement Areas and Small Businesses on Collection Routes

RECOMMENDATION WM-13-2013:

That the Region of Peel continue to provide public waste collection service within the boundaries of the six Business Improvement Areas (BIA) located within the Region;

And further, that the three area municipalities be requested to review the BIA boundaries and approve BIA boundary changes, if any;

And further, that the Commissioner of Public Works be authorized to approve collection from businesses in the immediate vicinity of BIAs provided that such requests are supported by the BIA, the respective Ward Councillor and the respective Mayor;

And further, that public waste collection service be provided to small businesses, small commercial residences and small non-profit enterprises that exist within residential neighbourhoods on established residential waste collection routes, provided they comply with the requirements of the residential curbside collection program, subject to the approval of the Commissioner of Public Works or his designate.

Approved 2013-776

c) Leaf and Yard Waste Collection

RECOMMENDATION WM-14-2013:

That, with the commencement of the new waste collection contracts in 2016, the Region of Peel extend its weekly leaf and yard waste collection in Brampton and Mississauga by two weeks in the spring and two weeks in the fall so that leaf and yard waste collection in these areas begins in the second week of March and ends after the second week of December;

And further, that with the commencement of the new waste collection contracts in 2016, the Region of Peel extend its bi-weekly leaf and yard waste collection in the urban settlement and rural subdivisions of the Town of Caledon by two weeks in the spring and two weeks in the fall so that leaf and yard waste collection in these areas begins the second week of March and ends after the second week of December;

And further, that with the commencement of the new waste collection contracts in 2016, the Region of Peel add two leaf and yard waste collection days (one in March and one in September) to the collection schedule for residents in the rural areas of Caledon;

And further, that with the commencement of the new waste collection contracts in 2016, that the Region of Peel continue to accept dedicated loads of leaf and yard waste at the Bolton and Caledon Community Recycling Centres, at no charge.

Approved 2013-777

d) Considerations for the 2016 Waste Collection Contracts

RECOMMENDATION WM-15-2013:

That the use of compressed natural gas-powered waste collection vehicles be specified for the 2016 Waste Collection Contracts;

And further, that a required time-off-of-the-road of 6:00 p.m., with liquidated damages being applied after 6:00 p.m., be incorporated into the 2016 Waste Collection Contracts;

And further, that additional liquidated damages be incorporated into the 2016 Waste Collection Contracts to address potential service failures and issues, in accordance with industry practice;

And further, that locations meeting collection restriction criteria, as outlined in the report of the Commissioner of Public Works, dated August 6, 2013, titled “Considerations for the 2016 Waste Collection Contracts”, remain on a bag-based collection service and be specified accordingly in the 2016 Waste Collection Contracts;

And further, for locations where a cart-based recycling collection service is not suitable, that bag-based recycling be mandatory and recycling box usage be discontinued;

And further, that the Region of Peel provide an accessible cart-based collection service through a subscription walk-up program for residents requiring assistance in the 2016 Waste Collection Contracts;

And further, that provisional pricing for twice-a-year curbside collection of household single-use batteries be sought for the 2016 Waste Collection Contracts.

Approved 2013-778

5. COMMUNICATIONS

a) Deanna Dubicki, on behalf of Regional Councillor Chris Fonseca, E-mail dated July 2, 2013, Forwarding a Copy of a Letter from Marie-Helene Labrie, Vice-President, Government Affairs and Communications, Enerkem, Regarding Enerkem’s Proprietary Waste-to-Biofuels and Chemical Technology

Received 2013-779

Additional Items – Items 5b and 5c:

b) Norman Lee, Director, Waste Management, Project/Issue Update dated September 3, 2013, Regarding Peel Energy Recovery Centre

This item was dealt with under Resolution 2013-773

c) Norman Lee, Director, Waste Management, Project/Issue Update dated September 5, 2013, Regarding Mixed Rigid Plastic Media Campaign and Collection Launch

This item was dealt with under Resolution 2013-774

6. IN CAMERA MATTERS - Nil

7. OTHER BUSINESS

a) Request from Paulina Leung, Vice-President, Corporate Strategy and Business Development; Erica Seibert, General Manager, Canadian Liquids Processors, and John Cassell, General Manager, Emterra Tire Recycling, Emterra Environmental Group, to Delegate to the October 3, 2013 Waste Management Committee meeting Regarding Emterra’s Innovative Waste Management Programs

RECOMMENDATION WM-16-2013:

That the representatives from Emterra Environmental Group be requested to meet directly with the Director, Waste Management or his designate, regarding the Region of Peel requirements for innovative waste programs and services;

And further, that any potential vendors or agencies wishing to discuss the Region of Peel requirements for innovative waste programs and services, be directed to meet with the Director of Waste Management, or his designate, prior to submitting a request to delegate to the Waste Management Committee.

Approved 2013-780

Additional Items – Items 7b and 7c:

b) July 8, 2013 Flooding Event (Oral)

Received 2013-781

c) Inspection of Garbage Bags on Collection Days (Oral)

Received 2013-782


ITEMS RELATED TO HEALTH
Chaired by Councillor E. Moore

HE-A. PUBLIC HEALTH

HE-A1. Breastfeeding Program Initiatives to Increase Exclusivity Rates in Peel

Received 2013-783

HE-A2. Update on Panorama Information Management System Implementation

Received 2013-784


HE-B. PARAMEDIC SERVICES

HE-B1. Data Management Services and Ambulance Call Reports, Document 2005-135N

Moved by Councillor Sanderson,
Seconded by Councillor Crombie;

That the contract (Document 2005-135N) for the supply of Data Management Services and Ambulance Call Reports (ACRs) awarded to Sunnybrook Health Sciences Centre be extended for an additional 12 month period commencing October 1, 2013 in the estimated amount of $290,000 (excluding applicable taxes) for a revised total commitment of $2,328,361.49 (excluding applicable taxes) in accordance with Purchasing By-law 63-2008;

And further, that the Director of Purchasing be authorized to approve the contract renewal on an annual basis, based on satisfactory service, performance, pricing, the availability of budget funding and the Region of Peel's continued need for the associated services.

Carried 2013-785


HE-C. COMMUNICATIONS

HE-C1. Deb Matthews, Minister of Health and Long-Term Care, Letter dated August 15, 2013, Regarding Annual Base Funding being Allocated for the 2013 Funding Year to Support the Provision of Mandatory and Related Public Health Programs and Services in the Region of Peel

Received 2013-786


7. BY-LAWS - Nil


8. OTHER BUSINESS

Additional Item – 8a:

a) Update Regarding the Building Canada Fund (Oral)

Received 2013-787

See also Resolution 2013-729

Councillor Fennell expressed concern that the guidelines for submitting applications to the Building Canada Fund have not yet been released to municipalities; however, the Federal government has committed to provide the City of Toronto with $660 million for their subway expansion. She noted that Brock Carlton, Chief Executive Officer, FCM would be requesting further details regarding application timelines and the financial impact to the remainder of funds available through the Building Canada Fund.


9. NOTICES OF MOTION
- Nil


10. IN CAMERA MATTERS

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


1. Approval of Minutes

a) Closed Session Report of the Greenlands Securement Subcommittee (GSSC- 2013-3) meeting held on September 5, 2013

Moved by Councillor Palleschi,
Seconded by Councillor Mullin;

That the Closed Session Report of the Greenlands Securement Subcommittee (GSSC-2013-3) meeting held on September 5, 2013, be adopted.

Carried 2013-788

6. IN CAMERA

a) DELEGATIONS

i) Don Prince, Land Securement, Oak Ridges Moraine Land Trust, Regarding an Oak Ridges Moraine Land Trust Funding Request (A proposed or pending acquisition or disposition of land by the municipality or local board)

Received 2013-789

See also Resolution 2013-790

b) REPORTS

i) Oak Ridges Moraine Land Trust Funding Request - September 2013 -Town of Caledon, Ward 4 (A proposed or pending acquisition or disposition of land by the municipality or local board)

RECOMMENDATION GSSC-7-2013:

That an amount not to exceed $11,863.25 be provided to the Oak Ridges Moraine Land Trust (ORMLT) to cover an amount not to exceed 50 per cent of the eligible costs related to the securement of a conservation easement on 4 hectares (10 acres) of property in the Town of Caledon as described in the report of the Chief Financial Officer and Commissioner of Corporate Services, dated July 19, 2013, titled “Oak Ridges Moraine Land Trust Funding Request – September 2013 – Town of Caledon, Ward 4”, in accordance with the Region of Peel and Oak Ridges Moraine Land Trust Greenlands Securement Agreement;

And further, that eligible costs include eco-sensitivity report, appraisal, legal services, baseline documentation report, and land securement professional fees;

And further, that the funds for the securement be provided from the Greenlands Securement Capital Project 13-3310 subject to the terms and conditions outlined in the subject report;

And further, that the ORMLT provide final invoices to support the work undertaken, with the Region of Peel contribution adjusted to reflect 50 per cent of the final invoices.

Approved 2013-790

See also Resolution 2013-789

b) September 12, 2013 Regional Council Closed Session Minutes

Received 2013-791


2. Staff Reports

a) Proposed Property Acquisition and Disposal – Beechwood Pumping Station – City of Mississauga, Ward 1 (A proposed or pending acquisition or disposition of land by the municipality or local board)

Moved by Councillor Palleschi,
Seconded by Councillor Mullin;

That the Council of The Regional Municipality of Peel resolves that the expropriated fee simple lands being more particularly identified as Parts 1, 2, 3, 4 and 5 on Expropriation Plan PR2235145 and the permanent easement interest or rights in the nature of a permanent easement in, under, over, through, across, along and upon the lands described as Part of Lot 12, Concession 2 South of Dundas Street, City of Mississauga (formerly Township of Toronto), being more particularly identified as Part 6 on Expropriation Plan PR2235145, save and except a temporary pumping station easement, are no longer required for the purposes of The Regional Municipality of Peel, provided that the transfers of the real property interests as contemplated in this report are successfully completed;

And further, that the fee simple lands described as Part of Lot 12, Concession 2 South of Dundas Street, City of Mississauga (formerly Township of Toronto), being more particularly identified as Parts 1, 2, 3, 4 and 5 on Expropriation Plan PR2235145 and the permanent easement interest or rights in the nature of a permanent easement in, under, over, through, across, along and upon the lands described as Part of Lot 12, Concession 2 South of Dundas Street, City of Mississauga (formerly Township of Toronto), being more particularly identified as Part 6 on Expropriation Plan PR2235145 be declared surplus to the needs of the corporation of The Regional Municipality of Peel, save and except a temporary easement in favour of The Regional Municipality of Peel;

And further, that compliance with the procedures governing the sale and disposition of real property by the corporation of the Regional Municipality of Peel be waived pursuant to By-law 23-95, Section 11, in connection with the transfer of the fee simple lands described as Part of Lot 12, Concession 2 South of Dundas Street, City of Mississauga (formerly Township of Toronto), being more particularly identified as Parts 1, 2, 3, 4 and 5 on Expropriation Plan PR2235145 and the permanent easement interest or rights in the nature of a permanent easement in, under, over, through, across, along and upon the lands described as Part of Lot 12, Concession 2 South of Dundas Street, City of Mississauga (formerly Township of Toronto), being more particularly identified as Part 6 on Expropriation Plan PR2235145.

Carried 2013-792

See also Resolution 2013-793

Moved by Councillor Palleschi,
Seconded by Councillor Mullin;

That The Regional Municipality of Peel enter into an agreement and full and final release with 501 Lakeshore Inc., Trinity Properties Lakeshore Inc., and Kingsett Real Estate Growth LP No. 2 for the transfers of the following interests in land:

The Regional Municipality of Peel re-conveys to 501 Lakeshore Inc.:

501 Lakeshore Inc. transfers to The Regional Municipality of Peel:

And further, that funds for and associated with the transfers be financed from Capital Project 06-2935;

And further, that any proceeds from the transaction be credited to Capital Project 06-2935;

And further, that contract 2011-184N awarded to Borden Ladner Gervais LLP to provide external legal counsel for expropriation matters be increased by $50,000 for a total commitment of $300,000, exclusive of applicable taxes;

And further, that contract 2007-449P awarded to Genivar to provide engineering services be increased by $1,000,000 for a total commitment of $3,233,136.44, exclusive of applicable taxes.

Carried 2013-793

See also Resolution 2013-792

b) Payment of Compensation Pursuant to the Expropriations Act, R.S.O. 1990, C.E. 26 Regional Road 4 (Dixie Road) and Regional Road 5 (Derry Road) Intersection Improvements - City of Mississauga, Ward 5 (A proposed or pending acquisition or disposition of land by the municipality or local board)\

Moved by Councillor Palleschi,
Seconded by Councillor Mullin;

That The Regional Municipality of Peel approve and accept an Agreement as to Compensation and Full and Final Release with 1195705 Ontario Inc. for a full and final settlement and release of all claims arising from the expropriation of fee simple lands and a temporary easement interest in the lands described as follows:

fee simple interest in the lands described as Part of Lot 10, Concession 3 East of Hurontario Street, City of Mississauga (formerly Township of Toronto) Regional Municipality of Peel, being more particularly described as Parts 1, 2, 3, and 4 on Expropriation Plan PR1361888;

temporary easement interest in the lands described as Part of Lot 10, Concession 3 East of Hurontario Street, City of Mississauga (formerly Township of Toronto) Regional Municipality of Peel, being more particularly described as Part 5 on Expropriation Plan PR1361888;

And further, that the funds be provided from Capital Project 03-4232.

Carried 2013-794

c) Proposed Property Acquisition – Hanlan Feedermain from Lakeview Water Treatment Facility to Hanlan Reservoir - City of Mississauga, Ward 3 and Mississauga City Centre Watermain from Hanlan Reservoir to Cawthra Road - City of Mississauga, Ward 3 (A proposed or pending acquisition or disposition of land by the municipality or local board)

Moved by Councillor Palleschi,
Seconded by Councillor Mullin;

That the Chief Administrative Officer be granted delegated authority to approve all appropriate agreements and documents necessary for the acquisition of the interests in lands currently held by Her Majesty The Queen in Right of Ontario as represented by The Minister of Infrastructure, required for the Hanlan Feedermain and Mississauga City Centre Watermain project on the terms and conditions satisfactory to the Commissioner of Public Works and the Office of the Regional Solicitor including the acquisition of permanent easements and license interests in the lands described as follows:

And further, that staff complete the negotiations for the agreements and the transactions for the required interests in lands so as to avoid delays in the construction timeline for the Hanlan Feedermain and Mississauga City Centre Watermain project;

And further, that the Regional Chairman on behalf of the Region of Peel, contact The Minister of Infrastructure to discuss and attempt to resolve the issues of concern outlined in the report of the Commissioner of Employee and Business Services and Commissioner of Public Works dated August 15, 2013, titled “Proposed Property Acquisition Hanlan Feedermain from Lakeview Water Treatment Facility to Hanlan Reservoir - City of Mississauga, Ward 3 and Mississauga City Centre Watermain from Hanlan Reservoir to Cawthra Road - City of Mississauga, Ward 3”;

And further, that all approved agreements and documents for completion of the transactions be executed by the Region’s duly authorized signing officers;

And further, that the funds for the transactions be financed from Capital Projects 10-1205 and 10-1121.

Carried 2013-795


11. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL

Moved by Councillor Carlson,
Seconded by Councillor Crombie;

That By-law 79-2013 to confirm the proceedings of Regional Council at its meeting held on September 26, 2013, and to authorize the execution of documents in accordance with the Region of Peel by-laws relating thereto, be given the required number of readings, taken as read, signed by the Regional Chair and the Regional Clerk, and the Corporate Seal be affixed thereto.

Carried 2013-796


12. ADJOURNMENT

The meeting adjourned at 3:08 p.m.


K. Lockyer
_________________________
Regional Clerk

E. Kolb
_________________________
Regional Chair