MINUTES SESSION 1 THE COUNCIL OF THE CORPORATION OF THE CITY OF MISSISSAUGA (www.mississauga.ca ) WEDNESDAY, JANUARY 21, 2009, 9:00 A. M. COUNCIL CHAMBER 300 CITY CENTRE DRIVE MISSISSAUGA, ONTARIO L5B 3C1 INDEX 1. CALL TO ORDER 1 2. DISCLOSURES OF PECUNIARY INTEREST 1 3. MINUTES OF PREVIOUS COUNCIL MEETINGS 2 4. APPROVAL OF THE AGENDA 2 5. PRESENTATIONS 2 6. DEPUTATIONS 4 7. PUBLIC QUESTION PERIOD 4 8. CORPORATE REPORTS 5 9. COMMITTEE REPORTS 16 10. UNFINISHED BUSINESS 27 11. PETITIONS 27 12. CORRESPONDENCE 28 13. RESOLUTIONS 36 14. BY-LAWS 48 15. OTHER BUSINESS 51 16. INQUIRIES 54 17. NOTICES OF MOTION 56 18. CLOSED SESSION 58 19. CONFIRMATORY BY-LAW 62 20. ADJOURNMENT 62 Council - 1 - January 21, 2009 PRESENT: Mayor Hazel McCallion Councillor Carmen Corbasson Ward 1 Councillor Pat Mullin Ward 2 Councillor Maja Prentice Ward 3 Councillor Frank Dale Ward 4 Councillor Eve Adams Ward 5 Councillor Carolyn Parrish Ward 6 Councillor Nando Iannicca Ward 7 Councillor Katie Mahoney Ward 8 Councillor Pat Saito Ward 9 Councillor George Carlson Ward 11 ABSENT: Councillor Sue McFadden Ward 10 STAFF: Janice Baker, City Manager and Chief Administrative Officer Brenda Breault, Commissioner of Corporate Services and Treasurer Jeff Jackson, Director of Revenue and Materiel Management Paul Mitcham, Commissioner of Community Services Martin Powell, Commissioner of Transportation and Works John Calvert, Director of Policy Planning, Planning and Building Mary Ellen Bench, City Solicitor Crystal Greer, City Clerk Jessica Reid, Legislative Coordinator Kevin Arjoon, Legislative Coordinator Sacha Smith, Legislative Coordinator 1. CALL TO ORDER The meeting was called to order at 9:10 a.m. by Mayor Hazel McCallion, with the saying of the Lord’s Prayer. 2. DISCLOSURES OF DIRECT OR INDIRECT PECUNIARY INTEREST - Nil 3. MINUTES OF PREVIOUS COUNCIL MEETINGS (a) December 10, 2008 - Session 21 Councillor Carolyn Parrish suggested amendments to the draft Minutes with regard to 6. (l) Enersource Ownership – Notice of Motion. She advised that the City Clerk has been provided a written copy of her amendments. Council concurred that the draft Minutes of its December 10, 2008 meeting be deferred to a future meeting of Council to permit additional time for Members of Council to review them. Deferred MG.01 Council - 2 - January 21, 2009 4. APPROVAL OF THE AGENDA Councillor Carolyn Parrish requested that both educational sessions under Section 4 of the In Camera portion of the Agenda, be presented to Council in public session under other business. Mayor McCallion addressed an email that she had received from Councillor George Carlson with respect to agreements entered between the City of Mississauga and Borealis. She expressed concern about the email, and pointed out that a By-law was enacted by Council authorizing her to sign the agreements. Mayor McCallion distributed a copy of the By-law to all members of Council and commented on how agreements and by-laws are executed by the City of Mississauga. Councillor Parrish provided a listing of In-Camera meetings on Enersource and pointed out that there had been a gap in meetings from when the first agreement was executed in April 12, 2000 and the final agreement, was signed on December 6, 2000. She explained that it was the final agreement, signed on December 6, 2000 which gave Borealis greater authority and veto rights. She suggested that Council had not seen the final agreement before it had been executed. The Mayor reiterated that agreements must be authorized by a by-law, enacted by Council, and that she depends upon staff to prepare the proper documents for her final signature. Councillor Carlson acknowledged that he had sent the email and that his comments were with respect to the second agreement signed in December 6, 2000. He noted that as a Member of the Council he was not made aware that a second set of agreements were to be executed. Councillor Carlson offered an apology for any misunderstanding. Motion MG.01 5. PRESENTATIONS - Nil 6. DEPUTATIONS (a) Tax Apportionments There were no persons in attendance to address Council regarding tax apportionments. Corporate Report R-1/Resolution 0004-2009 FA.13.Mun Council - 3 - January 21, 2009 (b) Petition - Closure of Walkway – Astrella Crescent Jane Bugeja addressed Council with respect to a petition submitted by residents of Astrella Crescent requesting closure of the walkway from Astrella Crescent to Creditview Road. Ms. Bugeja advised Council that she represents the residents of Astrella Crescent in regard to the Petition. The residents are requesting that the walkway be closed and that there be increased police presence immediately, due to the criminal activity in this area. Councillor Carolyn Parrish assured that increased police presence has been requested. In addition, a mail-out was conducted in January, 2009 and the responses have been approximately fifty- to-fifty. Councillor Parrish also advised that a public meeting will be held in regard to the closure of the walkway. Martin Powell, Commissioner of Transportation and Works confirmed that staff are working on the request to close the walkway in accordance with Corporate Policy and a Corporate Report will be brought forward to a future Council meeting. Petition P-1 RT.06.Ast (W6) (c) Kraft Canada Inc. Mr. Peter Orphanos, resident, addressed Council with respect to Kraft Canada Inc. – Appeal of Official Plan Amendment 49 and Zoning By-law 0225-2007 to Ontario Municipal Board – Case Nos. PL061100 and PL 070625 (Ward 11). Mr. Orphanos explained that if the subject appeal by Kraft Canada Inc. is successful, that Kraft intends to increase production of the mill and Mr. Orphanos expressed great environmental and health concerns with this, such as airborne flour dust particles, emissions from idling large trucks as well as the risk of an explosion. Councillor George Carlson thanked Mr. Orphanos for the work he has done over the years regarding the environment. Councillor Carlson commented that at the time that Council reviewed the zoning designations in all of Streetsville, only one (1) local area resident disagreed with Council's decision. Subsequently, he noted that Council will receive an update from legal counsel on this matter in the In Camera session of this meeting. Council - 4 - January 21, 2009 In response to Mayor McCallion, Mr. Calvert confirmed that Council approved a Site-Specific Official Plan amendment on the subject property which provided that the table lands of Kraft Canada Inc. be re-designated from Business Employment to Residential High Density. In addition, staff recommended that Kraft Canada Inc. be allowed a ten percent (10%) expansion of the Gross Floor Area of the mill. Mr. Calvert explained that Council reduced such recommendation to five percent (5%) Gross Floor Area expansion. Mr. Orphanos expressed support of Council's decision. In Camera Report #1 Resolution 0025-2009 / Recorded Vote OPA-0049 / LA.19.STR (Ward 11) 7. PUBLIC QUESTION PERIOD (in accordance with Section 36 of the City of Mississauga Procedure By-law 0421-2003 - Council may grant permission to a person who is present and at Council and wishes to address Council on a matter on the Agenda. For any other matter, leave must be granted by Council to deal with a matter not on the agenda). (a) Petition – Closure of Walkway – Astrella Crescent Steven Gucciardi area resident addressed Council regarding the Petition for Closure of Walkway for Astrella Crescent. Mr. Gucciardi feels that the closure will not address concerns of criminal activity in the local area, these are not random acts of crime; offenders are usually armed and plan out acts of crime in advance. Closure of the walkway would add considerable time for pedestrians on route to the school, bus shelter or shopping and would encourage jay-walking. Mr. Gucciardi added that if the walkway is closed, it would be damaged and would create a money-pit of on-going repair. Councillor George Carlson commented that he had a similar issue with a walkway in his Ward where significant damage was made to the fence and added that Council should encourage residents to use public transit and the closure of the walkway would be contradictory. Subsequently, Councillor Carolyn Parrish thanked Mr. Gucciardi for setting out this dilemma quite clearly. Mr. Gucciardi suggested that a public meeting be held and that it is relevant to address residents along Creditview Road, Bristol Road West, and Britannia Road West. Mayor McCallion suggested to Councillor Parrish to invite the police to the public meeting to address criminal activity in the local area. Petition P-1 RT.06.Ast (W6) Council - 5 - January 21, 2009 8. CORPORATE REPORTS R-1 Apportionment of Taxes Report dated January 7, 2009 from the Commissioner of Corporate Services and Treasurer with respect to the apportionment of taxes. RECOMMENDATION That the recommended apportionment of taxes and payments set out in Appendix 1 of the report dated January 7, 2009 from the Commissioner of Corporate Services & Treasurer be approved. Resolution 0004-2009 FA.13.Mun R-2 2008 Obsolete Corporate Policies and Procedures Report dated December 4, 2008 from the City Manager and Chief Administrative Officer with respect to 2008 Obsolete Corporate Policies and Procedures. RECOMMENDATION That the following Corporate Policies and Procedures be declared obsolete: Reserves and Reserve Funds (04-06-06) Heritage Inventory (09-04-02) In response to a question from Councillor Carolyn Parrish, Ms. Janice Baker, City Manager and Chief Administrative Officer advised that currently there exists by-law 298-2000, which is a By-law to regulate the Reserve and Reserve Funds. She explained that a By-law supersedes a policy and therefore the policy is obsolete. She confirmed that there would be no changes to how the City reserve is managed.