City of Brampton City Council minutes, 2004

2004·9.9 MB·English

by  Corporation of the City of Brampton

Minutes

City Council

January 12, 2004

9:42 a.m.
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o Closed Session (See Item Q)
t (Under Section 239 of the Municipal Act, RSO, 2001)
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Council Chambers - 4 Floor
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Members Present: Mayor S. Fennell
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Regional Councillor E. Moore Wards 1 and 5
r Regional Councillor P. Palleschi Wards 2 and 6 (arrived at 9:45 a.m.)
Regional Councillor S. DiMarco Wards 3 and 4
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Regional Councillor G. Miles Wards 7 and 8
Regional Councillor J. Sprovieri Wards 9 and 10 (arrived at 9:45 a.m.)

City Councillor G. Gibson Wards 1 and 5
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City Councillor J. Hutton Wards 2 and 6
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City Councillor B. Callahan Wards 3 and 4
City Councillor S. Hames Wards 7 and 8
y City Councillor G. Manning Wards 9 and 10

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Staff Present: Mr. L. V. McCool, City Manager
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Mr. R. Cranch, Commissioner of Community Services
Mr. A. D. MacMillan, Commissioner of Works and Transportation
Mr. J. A. Marshall, Commissioner of Planning, Design and Development
Mr. A. Ross, Commissioner of Finance and Treasurer
Mr. J. Wright, Commissioner of Management and Administrative Services
Ms. P. Wyger, Commissioner of Legal Services and City Solicitor
Mr. D. Cutajar, Executive Director of Business Development and
Public Relations
Mr. T. Irwin, Fire Chief, Fire and Emergency Services,
Community Services
Mr. L. J. Mikulich, City Clerk, Management and Administrative Services
Ms. S. Pacheco, Legislative Coordinator, Management and
Administrative Services
Minutes
City Council

The Meeting was called to order at 9:42 a.m. and adjourned at 11:23 a.m.

A. Approval of Agenda

C001-2004 Moved by Regional Councillor Miles
Seconded by City Councillor Manning

That the Agenda for the Council Meeting of January 12, 2004 be approved as
amended to add the following by-law pursuant to Closed Session Item Q2:

12-2004 To authorize the execution of a lease extension agreement with Sun
Glory Co. Ltd. for 50 Kennedy Road South (Provincial Offences
Court)

Carried

B. Conflicts of Interest - nil

C. Minutes

C 1. Regular Council Meeting – December 15, 2003

C002-2004 Moved by Regional Councillor Miles
Seconded by City Councillor Manning

That the Minutes of the Regular Council Meeting of December 15, 2003 to the
Council Meeting of January 12, 2004 be approved as printed and circulated.

Carried

D. Consent

Note: In accordance with the Municipal Act, 2001, Public Notice By-law 393-2002
and By-law 7-2003, public notice was given with respect to matters addressed
in the following report. No delegations indicated they were present and the
staff recommendations in the subject report were therefore added to the
Consent Motion.

F 1-3. Report from M. Kitagawa, Legal Counsel, Legal Services, dated
January 7, 2004, re: Transfer of Easement – Region of Peel – Part
of Block 68, Plan 43M-1467, designated as Part 1, Plan 43R-28353
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– Airport Road north of Castlemore Road (File P14) (See
Delegation E 2 and By-law 6-2004)

Note: Report F8-2 as follows, was originally approved on Consent; however, later in
the meeting, on a 2/3-majority vote of the members present, the matter was
reopened for discussion and deleted from the Consent Motion.

F 8-2. Report from J. Marshall, Commissioner of Planning, Design and
Development, dated November 14, 2003, re: Application to Amend
the Zoning By-law – Argo Developments (Castlemore) Limited –
South side of Castlemore Road between Goreway Drive and
McVean Drive – Ward 10 (File C8E10.4) (See By-law 2-2004)

C003-2004 Moved by City Councillor Manning
Seconded by City Councillor Hames

That Council hereby approve of the following items and that the various Officials of
the Corporation are hereby authorized and directed to take such action as may be
necessary to give effect of the recommendations as therein contained.

* F 1-3. That the report from M. Kitagawa, Legal Counsel, Legal Services, dated January 7,
2004 to the Council Meeting of January 12, 2004, re: Transfer of Easement –
Region of Peel – Part of Block 68, Plan 43M-1467, designated as Part 1, Plan
43R-28353 – Airport Road north of Castlemore Road (File P14) be received; and

That By-law 6-2004 be passed to:

a) declare surplus of Part of Block 68, Plan 43M-1467, designated as Part 1, Plan
43R-28353 for a transfer of easement; and
b) authorize the transfer of easement for nominal consideration over Part of
Block 68, Plan 43M-1467, designated as Part 1, Plan 43R-28353 to the
Regional Municipality of Peel and to authorize the City Solicitor to execute all
documents and instruments as may be necessary to effect the transfer of the
said lands.

* F 4-1. That the report from B. Cranch, Commissioner of Community Services, dated
December 22, 2003 to the Council Meeting of January 12, 2004, re: Surrender and
Cancellation of Lease - Peel District School Board Lease at the former O.P.P.
Site – 15 McLaughlin Road South (File C25) be received; and

That the Commissioners of Community Services and Legal Services be directed to
take the necessary steps to surrender and cancel the lease with the Peel District
School Board at the former O.P.P. Site at 15 McLaughlin Road South; and
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That the Mayor and City Clerk be authorized to execute all necessary legal
documentation

* F 8-1. That the report from J. Marshall, Commissioner of Planning, Design and
Development, dated November 14, 2003 to the Council Meeting of January 12, 2004,
re: Application to Amend the Zoning By-law – Hamount Investments
Limited/Laurelpark Inc. – South side of Castlemore Road between Goreway
Drive and McVean Drive – Ward 10 (File C8E10.6) be received; and

That the Mayor and City Clerk be authorized to execute the subdivision agreement and all
other necessary documents in forms satisfactory to the City Solicitor; and,

That By-law 1-2004 be passed to amend Comprehensive Zoning By-law 56-83, as
amended.

* F 8-3. That the report from J. Marshall, Commissioner of Planning, Design and
Development, dated December 16, 2003 to the Council Meeting of January 12, 2004,
re: Housekeeping Amendments to Comprehensive Zoning By-laws – Corrections
to formatting wording and references (File P42) be received; and

That By-law 3-2004 be passed to amend Comprehensive Zoning By-laws 200-82, 56-
83, 139-84 and 151-88 all as amended.

* F 8-4 That the report from J. Marshall, Commissioner of Planning, Design and
Development, dated December 16, 2003 to the Council Meeting of January 12, 2004,
re: Housekeeping Amendments to Comprehensive Zoning By-laws - Clarification
of provisions for Institutional, Floodplain and Agricultural Zone designations
(File P42) be received; and

That By-law 4-2004 be passed to amend Comprehensive Zoning By-laws 200-82, 56-
83, 139-84 and 151-88 all as amended.

* F8-5. That the report from J. Marshall, Commissioner of Planning, Design and
Development, dated December 16, 2003 to the Council Meeting of January 12, 2004,
re: Application to amend the Official Plan and Zoning By-law – Harbour View
Investments Limited – Southwest corner of Airport Road and Countryside Drive
(File C6E15.8) be received; and

That By-law 5-2004 be passed to adopt Official Plan Amendment OP93-227; and

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That it is hereby determined in adopting the above noted Official Plan Amendment,
Council has had regard to all matters of Provincial Interest and Provincial Policy
Statements as set out in Section 2 and 3(5), respectively of the Planning Act R. S. O.,
c.P.13, as amended.

* F 9-1. That the report from T. Taylor, Supervisor of Animal Services, Works and
Transportation, dated December 11, 2003 to the Council Meeting of January 12,
2004, re: Recovery of Livestock Losses – Mr. Mario Quattrociocchi (File A25) be
received; and

That Mr. Mario Quattrociocchi, 4695 Countryside Drive, Brampton be compensated
in the amount of $120.00 for the loss of one black faced ewe.

* F 9-2. That the report from T. Taylor, Supervisor of Animal Services, Works and
Transportation, dated December 11, 2003 to the Council Meeting of January 12,
2004, re: Recovery of Livestock Losses – Mr. Rocco Poppa (File A25) be received;
and

That Mr. Rocco Poppa, 10947 The Gore Road, Brampton be compensated in the
amount of $120.00 for the loss of one suffolk lamb.

* I 1. That the correspondence from Enbridge Consumers Gas, dated December 23, 2003 to
the Council Meeting of January 12, 2004, re: Notice of Application to Ontario
Energy Board - Enbridge Gas Distribution – 2005 Test Year Rates Case (File
N05) be received.

* N 1. That Contract 2000-029 to the Council Meeting of January 12, 2004, re: Extension of
Contract - Supply and Delivery of Soft Drinks and Related Equipment and to
provide a Soft Drink Vending Machine Service (File F81) be received; and

That Contract 2000-029 extension be awarded to Coca-Cola Bottling Company, for
the period February 1, 2004 to May 31, 2006 be approved; and

That staff be directed to ensure that the amount required for this Contract is included
in the Community Services 2004, 2005 and 2006 Current Budgets.

* N 2. That Request for Proposal RFP2003-049 to the Council Meeting of January 12, 2004,
re: Hiring of a Consultant to Provide Landscape Architectural Consulting
Services (File F81) be received; and

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That Request for Proposal RFP2003-049 be awarded to Strybos Associates Limited,
in the total amount of $100,000.00 (taxes included) for a one-year period, being the
most responsive and responsible bid received.

Carried

Announcements

1. Announcement, re: Big Brothers, Big Sisters of Peel – Kelseys Bowl For Kids
Sake Event – February, 2004

Mr. Jake Dheer, Honorary Committee Chair, Mr. Daniel Martin, Event Specialist, and
Ms. Cathy Denyer, Executive Director, Big Brothers Big Sisters of Peel appeared
before Council to seek support for the “Kelseys Bowl For Kids Sake” Event which
will be taking place in February, 2004 and to present a challenge for Members of
Council to register a team. A presentation was made and details were provided
regarding “The City Challenge”, the dates for this event, funds generated through this
event, benefits in getting involved, information on how to register and the need for
volunteers.

2. Announcement, re: Thank you to the City of Brampton for a successful "Toss A
Toonie" Christmas Kettle Campaign in 2003

Ms. Rachel Sheils and Ms. Maria Britto, appeared before Council on behalf of the
Salvation Army to thank the City of Brampton for a successful "Toss A Toonie"
Christmas Kettle Campaign in 2003. Ms. Sheils advised that $256,000.00 was raised
which exceeded their goal for this campaign and provided details with respect to their
Christmas programs, the participation of other organizations in this campaign and the
supporters of various other Salvation Army events.

A plaque was presented to Mayor Fennell as an expression of thanks to the City of
Brampton for supporting this campaign.

3. Announcement, re: City Council Workshop – Pearson Convention Centre, 2638
Steeles Avenue East, Brampton

 January 12, 2004 – 1:15 p.m. to 5:00 p.m.
 January 13, 2004 – 9:00 a.m. to 5:00 p.m.
 January 14, 2004 – 9:00 a.m. to 3:30 p.m.

Mayor Fennell announced the dates and location for the City Council Workshop and
noted that the Workshop is open to the public.
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Proclamations - nil

E. Delegations

E 1. Mr. Ron Webb, Davis, Webb, Schulze and Moon, re:
 Sale of lands intended for loop road connection and Part of Turning Circle
on Auction Lane - Southwest corner of Goreway Drive and Regional Road
107 (File P669)
 Sale of Lands intended for Loop Road Connection, Part of Lot 5, Concession
7 N.D. designated as Parts 11, 12, 23, 24, 26, 27, 30, 31, 33, 34, 35, 38, 47, 48
and 81 on 43R-21740 - Southwest Corner of Goreway Drive and Regional
Road 107 (File P669)

Report F1-1 and F1-2 were brought forward and dealt with at this time.

Mr. Ron Webb, Davis, Webb, Schulze and Moon, appeared before Council on behalf
of his client, Adesa Auctions Canada Corporation, to address the staff reports F1-1
and F1-2 and to request that Council approve transfer of the subject lands, but “for a
nominal consideration”. Mr. Webb provided a copy of a motion he asks that Council
approve, and a staff report dated December 3, 1999 and considered at the Council
Meeting of December 13, 1999, titled “Official Plan Amendment OPA 93-125 –
Transfer of Surplus Lands to CAAG Land Development Ltd.”, wherein the
recommendations address the transfer of the lands for a nominal consideration.

Discussions took place with respect to the following:
• the history of these lands since 1999
• the legal basis for the conveyance of lands deemed surplus by the City
• past practice for the conveyance of lands deemed surplus by the City
• maintenance and insurance for the subject lands
• addressing this issue on a broad policy basis
• Section 106(2)(c) Municipal Act which prohibits the sale of municipal
property below fair market value
• the reasons why these lands are no longer required by the City
• addressing matters regarding the conveyance of lands on a case by case basis
• the public record regarding the collection taxes from Adesa Auctions Canada
Corporation for the subject lands
• the increase in the value of the subject lands
• the date that the property was first requested to be returned to the original
owner who conveyed the property

The following motion was introduced:

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“That the report from C. Viinberg, Legal Counsel, Legal Services, dated
January 6, 2004 to the Council Meeting of January 12, 2004, re: Sale of Part
of Turning Circle on Auction Lane - Part of Lot 5, Concession 7 N.D.
designated as Part 57 on 43R-21740 - Southwest Corner of Goreway
Drive and Regional Road 107 (File P669) be referred to the next Planning,
Design and Development Committee Meeting scheduled to take place on
January 19, 2004; and,

“That the report from C. Viinberg, Legal Counsel, Legal Services, dated
January 6, 2004 to the Council Meeting of January 12, 2004, re: Sale of
Lands intended for Loop Road Connection, Part of Lot 5, Concession 7
N.D. designated as Parts 11, 12, 23, 24, 26, 27, 30, 31, 33, 34, 35, 38, 47, 48
and 81 on 43R-21740 - Southwest Corner of Goreway Drive and Regional
Road 107 (File P669) be referred to the next Planning, Design and
Development Committee Meeting scheduled to take place on January 19,
2004.”

Discussions took place with respect to the need for further details regarding the
history of these lands since 1999, the date that the property was first requested to be
returned to the original owner who conveyed the property, past practice in dealing
with the conveyance of lands, and the need to brief City Councillor G. Manning,
within whose wards these lands are situated, on this matter.

Mr. Webb agreed, at the request of Council, to provide copies of the background
information he discussed during his delegation.

Direction was given:
 That the City Clerk’s Office add Mr. Ron Webb, Davis, Webb, Schulze and
Moon, as a delegation on the agendas for the following meetings:
• Planning, Design and Development Committee – January 19, 2004
• City Council – January 26, 2004
And include the information which Mr. Webb had agreed to provide.

The motion, as amended, was considered as follows:

C004-2004 Moved by Regional Councillor Palleschi
Seconded by City Councillor Gibson

That the delegation of Mr. Ron Webb, Davis, Webb, Schulze and Moon to the
Council Meeting of January 12, 2004, re:
 Sale of lands intended for loop road connection and Part of Turning Circle
on Auction Lane - Southwest corner of Goreway Drive and Regional Road
107 (File P669)
 Sale of Lands intended for Loop Road Connection, Part of Lot 5, Concession
7 N.D. designated as Parts 11, 12, 23, 24, 26, 27, 30, 31, 33, 34, 35, 38, 47, 48
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and 81 on 43R-21740 - Southwest Corner of Goreway Drive and Regional
Road 107 (File P669)
be received; and

That the report from C. Viinberg, Legal Counsel, Legal Services, dated January 6,
2004 to the Council Meeting of January 12, 2004, re: Sale of Part of Turning Circle
on Auction Lane - Part of Lot 5, Concession 7 N.D. designated as Part 57 on
43R-21740 - Southwest Corner of Goreway Drive and Regional Road 107 (File
P669) be referred to the next Planning, Design and Development Committee
Meeting scheduled to take place on January 19, 2004; and,

That the report from C. Viinberg, Legal Counsel, Legal Services, dated January 6,
2004 to the Council Meeting of January 12, 2004, re: Sale of Lands intended for
Loop Road Connection, Part of Lot 5, Concession 7 N.D. designated as Parts 11,
12, 23, 24, 26, 27, 30, 31, 33, 34, 35, 38, 47, 48 and 81 on 43R-21740 - Southwest
Corner of Goreway Drive and Regional Road 107 (File P669) be referred to the
next Planning, Design and Development Committee Meeting scheduled to take place
on January 19, 2004; and,

That the following information be brought forward:
• a full history of the property since 1999
• the date that the property was first requested to be returned to the original
owner who conveyed the property
• past practice in dealing with the conveyance of lands; and,

That the area City Councillor G. Manning be fully briefed on this matter prior to the
next Planning, Design and Development Committee Meeting.

Carried

E 2. Possible Delegations, re: Transfer of Easement – Region of Peel – Part of Block
68, Plan 43M-1467, designated as Part 1, Plan 43R-28353 – Airport Road north
of Castlemore Road (File P14)
(See Report F1-3 and By-law 6-2004)

In accordance with the Municipal Act, 2001, Public Notice By-law 393-2002 and By-
law 7-2003, public notice was given with respect to matters addressed in Report F 1-
1, re: Transfer of Easement – Region of Peel – Part of Block 68, Plan 43M-1467,
designated as Part 1, Plan 43R-28353 – Airport Road north of Castlemore Road (File
P14)

Mayor Fennell announced this item and due to there being no delegations, Report F1-
3 was added to the Consent Motion.

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F. Reports from Officials

F 1. Public Notice Reports

F 1-1. Report from C. Viinberg, Legal Counsel, Legal Services, dated January 6,
2004, re: Sale of Part of Turning Circle on Auction Lane - Part of Lot 5,
Concession 7 N.D. designated as Part 57 on 43R-21740 - Southwest
Corner of Goreway Drive and Regional Road 107 (See Delegation E 1 and
Report F1-2)

Dealt with under Delegation E 1, Resolution C004-2004

F 1-2. Report from C. Viinberg, Legal Counsel, Legal Services, dated January 6,
2004, re: Sale of Lands intended for Loop Road Connection, Part of Lot 5,
Concession 7 N.D. designated as Parts 11, 12, 23, 24, 26, 27, 30, 31, 33, 34,
35, 38, 47, 48 and 81 on 43R-21740 - Southwest Corner of Goreway Drive
and Regional Road 107 (File P669) (See Delegation E 1 and Report F1-1)

Dealt with under Delegation E 1, Resolution C004-2004

* F 1-3. Report from M. Kitagawa, Legal Counsel, Legal Services, dated January 7,
2004, re: Transfer of Easement – Region of Peel – Part of Block 68, Plan
43M-1467, designated as Part 1, Plan 43R-28353 – Airport Road north of
Castlemore Road (File P14) (See Delegation E 2 and By-law 6-2004)

Dealt with under Consent Resolution C003-2004

F 2. Business Development and Public Relations Department - nil

F 3. City Manager’s Office - nil

F 4. Community Services Department

* F 4-1. Report from B. Cranch, Commissioner of Community Services, dated
December 22, 2003, re: Surrender and Cancellation of Lease - Peel District
School Board Lease at the former OPP Site – 15 McLaughlin Road South
(File C25).

Dealt with under Consent Resolution C003-2004

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