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HomeMy WebLinkAboutMay 16, 2011 Ctrl o¢~ Council Meeting PI rKERI Agenda Monday, May 16, 2011 Council Chambers 7:30 pm I) Invocation Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. II) Disclosure of Interest 111) Adoption of Minutes Page In Camera Council Minutes, April 18, 2011 Under Separate Cover Council Minutes, April 18, 2011 1-18 Special Council Meeting Minutes, April 26, 2011 19-27 Special In Camera Council Minutes, May 9, 2011 Under Separate Cover Special Council Minutes, May 9, 2011 28-29 Joint Planning & Development and Executive Committee 30-42 Minutes, May 9, 2011 IV) Presentations 43 V) Delegations 44 VI) Correspondence 45-76 VII) Committee Reports 77-81 VIII) Reports - New and Unfinished Business 82-114 IX) Motions and Notice of Motions 115 X) By-laws 116-127 XI) Other Business XII) Confirmation By-law Accessible For information related to accessibility requirements please contact PICKER, ~ Linda Roberts V Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: Iroberts6EDcitvofpickerina.com FOR INFORMATION ONLY • Minutes of the Accessibility Advisory Committee, March 23, 2011 • Minutes of the Committee of Adjustment, March 23, 2011 and April 13, 2011 • Minutes of Sustainable Pickering Advisory Committee, April 13, 2011 • Minutes of the Advisory Committee on Diversity, April 14, 2011 • Minutes of the Waterfront Coordinating Committee, April 21, 2011 • Minutes of the Heritage Pickering Advisory Committee, April 26, 2011 10 Citq o~ Council Meeting Minutes Monday April 18, 2011 7:30 PM Council Chambers n~ Present: Mayor David Ryan Councillors: K. Ashe D. Dickerson B. McLean J. O'Connell D. Pickles P. Rodrigues Also Present: T. Prevedel - Chief Administrative Officer N. Carroll - Director, Planning & Development T. Melymuk - Director, Office of Sustainability G. Paterson - Director, Corporate Services & Treasurer B. Douglas - Fire Chief R. Holborn - Division Head, Engineering Services S. Reynolds - Division Head, Culture & Recreation C. Rose - Manager, Policy D. Shields - City Clerk L. Roberts - Committee Coordinator (1) Invocation Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (11) Disclosure of Interest No disclosures of interest were noted. (III) Adoption of Minutes Resolution # 72/11 Moved by Councillor Dickerson Seconded by Councillor Ashe In Camera Council Minutes, March 21, 2011 1 Citq o~ Council Meeting Minutes _ Monday April 18, 2011 PICIT 7:30 PM Council Chambers 02 Council Minutes, March 21, 2011 Special Council (Budget) Minutes, April 4, 2011 Joint Planning & Development and Executive Committee Minutes, April 11, 2011 Carried on a Recorded Vote as Follows: Yes No Councillor Ashe Councillor O'Connell Councillor Dickerson Councillor Rodrigues Councillor McLean Councillor Pickles Mayor Ryan (IV) Delegations Roger Anderson, Regional Chair Roger Anderson, Regional Chair, Regional Municipality of Durham appeared before Council and provided an overview of the Region's 2010 achievements as well as their initiatives for 2011. Mr. Anderson noted that transit ridership had increased 33%. He also noted that with the support of area Mayors as well as the Board of Trades, the Province has agreed to end the 407 at Harmony Road in Oshawa as opposed to Simcoe Street by 2015 and has agreed to negotiate with the Region and area municipalities with respect to mitigation measures for the communities. He indicated that they will continue to ensure the Province understands the importance of this highway. Mr. Anderson provided an overview on additional provincial decisions affecting the Region including the Minister of Municipal Affairs decision respecting the Region's Official Plan Amendment 128 and the approval of the EA for the proposed energy from waste facility. He informed Council that a successful Accessibility Forum was held in June of 2010 and that an Immigration Portal was launched last year in conjunction with the Local Diversity and Immigration Partnership Council. Mr. Anderson congratulated the citizens of Pickering on their Bicentennial year. A question and answer period ensued. 2 Ciry Council Meeting Minutes Monday April 18, 2011 7:30 PM Council Chambers 03 (V) Correspondence 1. Corr. 16-11 Josephine Chausse 122175 Emma Maria, Tecumseh, ON Resolution #73/11 Moved by Councillor McLean Seconded by Councillor Dickerson That Corr. 16-11 received from Josephine Chausse seeking Council support of the proposed amendments to The Children's Law Reform Act, Bill 22 by forwarding an endorsement to Trevor Day, the Clerk for the Standing Committee on Social Policy be endorsed. Carried Unanimously on a Recorded Vote 2. Corr. 17-11 Mayor Steve Pellegrini Township of King 2075 Kinq Road, King City, ON Resolution #74/11 Moved by Councillor Dickerson Seconded by Councillor McLean That Corr. 17-11 received from Mayor Pellegrini, Township of King seeking support through a financial contribution to the Oak Ridges Moraine Land Trust's 10th Anniversary $1 million Stewardship Campaign. The fund is to help offset the fees involved with securing properties and to support direct stewardship activity on lands that the Trust does own. This will allow this citizen-based, charitable non-profit organization to continue with work on behalf of the citizens in each of the moraine's municipalities be received for information. Carried 3. Corr. 18-11 Dr. Eric Hoskins, Minister Ministry of Citizenship and Immigration 400 University Ave., 6th Floor, Toronto, ON 3 City o~ Council Meeting Minutes Monday April 18, 2011 7:30 PM 0 Council Chambers Resolution # 75/11 Moved by Councillor Dickerson Seconded by Councillor McLean That Corr. 18-11 received from Dr. Eric Hoskins, Minister, Ministry of Citizenship and Immigration with respect to nominations for the Lincoln M. Alexander Award 2011. The deadline for nominations is May 31, 2011 be received for information. Carried 4. Corr. 19-11 Dale Quaife, Chair Heritage Pickering Advisory Committee Resolution # 76/11 Moved by Councillor Dickerson Seconded by Councillor McLean That Corr. 20-11 received from Dale Quaife, Chair, Heritage Pickering Advisory Committee, submitting the 2010 Annual Report and the proposed 2011 Annual Work Plan on behalf of the Heritage Pickering Advisory Committee be received for information. Carried 5. Corr. 20-11 Marisa Carpino Supervisor, Culture & Recreation City of Pickering Resolution #77/11 Moved by Councillor Dickerson Seconded by Councillor McLean That Corr. 21-11 received from Marisa Carpino, Supervisor of Culture & Recreation, submitting the 2010 Annual Report and the proposed 2011 Annual Work Plan on behalf of the Advisory Committee on Diversity be received for information. Carried 4 Council Meeting Minutes Monday April 18, 2011 PICKERING 7:30 PM Council Chambers VIJ (VI) Committee Reports a) Report of the Planning & Development Committee 1. Director, Planning & Development Report PD 09-11 Zoning By-law Amendment Application A 35/05 Ansar Medical Services Inc. 2177 & 2185 Brock Road Part of Lot 18, Concession 2, City of Pickering Council Decision 1. That Report PD 09-11 of the Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 35/05, submitted by Ansar Medical Services Inc. to permit a mixed use development on lands being Part of Lot 18, Concession 2 be approved; and 3. Further, that the zoning by-law to implement Zoning By-law Amendment Application A 35/11, as set out in Appendix I to Report PD 09-11, be forwarded to City Council for enactment. 3. Director, Planning & Development, Report PD 11-11 Zoning By-law Amendment Application A 8/10 P. Albanese 1448 Rougemount Drive Part of Lot 16, Plan 228, City of Pickering Council Decision 1. That Report PD 11-11 of the Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 8/10 submitted by Pietro Albanese to amend the zoning of the subject property to an "R4" - Fourth Density Residential zone to permit the creation of two lots with minimum frontage of 15.0 metres on lands being Part of Lot 16, Plan 228, City of Pickering be approved; and 3. Further, that the draft zoning by-law to implement Zoning By-law Amendment Application A 8/10, as set out in Appendix I to Report PD 11-11, be forwarded to City Council for enactment. 5 Council Meeting Minutes Monday April 18, 2011 PICXE 7:30 PM Council Chambers 06 4. Director, Planning & Development, Report PD 12-11 Downtown Intensification Program Proposed Work Plan to Confirm and Implement a Council Vision for Downtown Pickering Council Decision 1. That Report PD 12-11 of the Director, Planning & Development, outlining a Downtown Intensification Program to confirm and implement a Council vision for Downtown Pickering, be received for information; 2. That Council authorize staff to proceed with the Work Plan for the Downtown Intensification Program attached as Appendix II to Report PD 12-11, and 3. Further, that Council authorize staff to prepare terms of reference and issue request for proposals for required studies, and report back to Council regarding the hiring of consultants in accordance with the City's purchasing policy. Resolution # 78/11 Moved by Councillor Dickerson Seconded by Councillor Ashe That Report of the Planning & Development Committee dated April 11, 2011, be adopted, save and except Item No. 2. Carried 2. Director, Planning & Development Report PD 10-11 Zoning By-law Amendment - A 10/10 Gazarek Realty Holdings Ltd. on behalf of St. Mary & St. John the Beloved Coptic Orthodox Church 980 - 984 Kingston Road (Range 3 B.F.C. Part Lot 25, 26 Now RP 40R-1090 Part 14, 15, 17 and Part Road Allowance between Range 3 B.F.C. & Concession 1 Now RP 40R-11222 Part 3, 4 and Concession 1 Part Lot 25, 26) City of Pickering Councillor Ashe requested clarification on what lands the zoning by-law amendment affected. Resolution # 79/11 6 Call o~ Council Meeting Minutes Monday April 18, 2011 PICXE 7:30 PM Council Chambers 07 Moved by Councillor Dickerson Seconded by Councillor Ashe 1. That Report PD 10-11 of the Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 10/10, submitted by Gazarek Realty Holdings Ltd. on behalf of St. Mary & St. John the Beloved Coptic Orthodox Church, to permit a place of religious assembly, a day nursery and limited commercial uses on lands being Part 1 40R-3466, Parts 2-5 40R-5805 and Part 1 40R-11779, be approved; 3. That the draft zoning by-law to implement Zoning By-law Amendment Application A 10/10, as set out in Appendix I to Report PD 10-11, be forwarded to City Council for enactment; and 4. Further, that Council authorize staff to commence the process of stopping up and closing Part 8, Plan 40R-11222, as a public highway for the purpose of acquisition by the abutting landowner. Carried b) Report of the Executive Committee Reports 1. Chief Administrative Officer's Report, CAO 07-11 Records Management By-law Amendment Council Decision 1. That Report CAO 07-11 of the Chief Administrative Officer be received; 2. That the Draft By-law to amend By-law 6835/08 Records Management for the City of Pickering, included as Attachment #1 to this Report, be approved; and 3. That the City Clerk forward the approved by-law to the City's Auditors, Deloitte and Touche LLP, for certification. 2. Director, Community Services Report CS 10-11 Municipal Bridge Maximum Gross Vehicle Weight Restrictions By-law to establish a load limit for certain bridges under the jurisdiction of the City of Pickering Council Decision 7 Citr 0~ Council Meeting Minutes Monday April 18, 2011 PICRE 7:30 PM Council Chambers G~ 1. That Report CS 10-11 of the Director, Community Services regarding the establishment of safe load limits on municipal bridges be received; and 2. That the attached Draft By-law limiting the gross vehicle weight of any vehicle or any class thereof, passing over certain bridges, under the jurisdiction of the Corporation of the City of Pickering be enacted. 3. Director, Community Services Report CS 16-11 Boyne Court - Sidewalk Removal & Driveway Restoration Council Decision 1. That Report CS 16-11 of the Director, Community Services regarding the sidewalk removal and driveway restoration on Boyne Court be received; 2. That Council approve staff's recommendation to arrange for the removal of the existing sidewalk and undertake driveway and boulevard restoration for the residents on Boyne Court, subject to the condition that residents directly benefitting from the alterations incur 100% of the costs; 3. That Council direct staff to respond to the residents indicating the results of the Council's decision; and 4. That the appropriate staff of the City of Pickering be given authority to give effect thereto. 4. Director, Community Services Report CS 19-11 No Parking By-law, Rayleen Crescent Amendment to By-law 6604/05 Pedestrian Access Relocation, Rayleen Crescent Council Decision 1. That Report CS 19-11 of the Director, Community Services regarding a proposed amendment to the municipal traffic by-law 6604/05 and relocation of a pedestrian access on Rayleen Crescent be received; and 2. That the attached draft by-law be enacted to amend Schedule "2" to By-law 6604/05 to provide for the regulation of parking on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering; and 3. That relocation of the pedestrian access to Brock Road currently mid-block on Rayleen Crescent to a location further north on Rayleen Crescent be approved and staff be given the authority to undertake the necessary work. 8 City v¢ Council Meeting Minutes Monday April 18, 2011 7:30 PM Council Chambers n9 Resolution #80 /11 Moved by Councillor Dickerson Seconded by Councillor Ashe That the Report of the Executive Committee dated April 11, 2011, be adopted. Carried (VII) New and Unfinished Business 1. Director, Community Services, Report CS 15-11 Tender No. T-1-2011 Liverpool Road - Road Works, Storm Sewer, Streetlighting, Boulevard Reconstruction and Wharf Street Sidewalk Installation Resolution #81 /11 Moved by Councillor McLean Seconded by Councillor Dickerson 1. That Report CS 15-11 of the Director, Community Services regarding the tender for Liverpool Road - Road Works, Storm Sewer, Streetlighting, Boulevard Reconstruction and Wharf Street sidewalk installation be received; 2. That Tender No. T-1-2011 submitted by Concord Paving Inc. in the amount of $378,832.50 (HST included) and a net cost of $341,150.40 be approved; 3. That the total gross project cost of $471,888 (HST included) including the tender amount and other associated costs, and the total net project cost of $424,950 (net of HST rebate) be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project as follows: a) That the sum of $20,000 be funded from the Development Charges - City Share Reserve, as provided for in the 2007 approved External Subdivision Budget for Wharf Street; b) That the sum of $5,000 be funded from the Development Charges - Transportation Roads & Related Reserve Fund as provided for in the 2007 approved External Subdivision Budget for Wharf Street; 9 City o~ Council Meeting Minutes ' Monday April 18, 2011 PICXE 7:30 PM 10 Council Chambers c) That the sum of $58,725 be funded from Development Charges - City Share Reserve, as provided for in the 2007 approved External Subdivision Budget for Liverpool Road; d) That the sum of $19,575 be funded from Development Charges - Transportation Roads & Related Reserve Fund, as provided for in the 2007 External Subdivision Budget for Liverpool Road; e) That the sum of $320,000, as provided for in the 2007 approved Roads Capital Budget for Liverpool Road, be financed by the issuance of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years, at a rate to be determined; f) That the balance of $1,650 for Liverpool Road be funded from the 2011 Current Funds; g) That the annual repayment charges in the amount of approximately $41,500 be included in the annual Current Budget for the City of Pickering commencing in 2012, continuing thereafter until the loan is repaid , and any financing cost to be paid out of the Current Budget; h) The Director, Corporate Services & Treasurer has updated the City's Annual Repayment Limit and certified that this loan and the repayment thereof falls within the City's Annual Repayment Limit for the debt and financial obligations, as established by the Province for municipalities in Ontario, and would not cause the City to exceed the updated Limit, and therefore, Ontario Municipal Board approval is not required prior to City Council's authorization; i) The Treasurer is authorized to take any actions necessary in order to effect the foregoing; 5. That the draft by-law attached to this report be enacted; and 6. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. Carried 2. Director, Community Services, Report CS 17-11 Pickering Museum Village -Site Improvement Works -Tender No. T-2-2011 Resolution # 82/11 10 Cali 0~ Council Meeting Minutes Monday April 18, 2011 PICXE 7:30 PM Council Chambers 11 Moved by Councillor Dickerson Seconded by Councillor Pickles 1. That Report CS 17-11 regarding Tender No. T-2-2011 for the Pickering Museum Village, Site Improvement Works be received; 2. That Tender No. T-2-2011 submitted by Iron Trio Inc. in the total tendered amount of $343,530.31 (HST included) be accepted; 3. That the total gross project cost of $402,855 (HST included) and a net project cost of $362,783 including the total tendered amount and other associated costs be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project as follows: a) The sum of $72,557 as provided for in the 2009 Capital Budget be funded through a donation from the Pickering Museum Foundation; b) The sum of $50,790 as provided for in the 2009 Capital Budget be funded by Property Taxes; c) The sum of $119,718 as provided for in the 2009 Capital Budget be funded by the Building Canada Fund - Communities Component (BCF-CC) Intake 1 - Federal Grant; d) The sum of $119,718 as provided for in the 2009 Capital Budget be funded by the Building Canada Fund - Communities Component (BCF-CC) Intake 1 - Provincial Grant; e) the Director, Corporate Services & Treasurer be authorized to take any actions necessary in order to affect the foregoing; and 5. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect thereto. Carried 3 Director, Planner & Development, Report PD 13-11 Building By-law Appointment Schedule Amendment under the Building Code Act Resolution #83 /11 11 City A Council Meeting Minutes Monday April 18, 2011 7:30 PM Council Chambers 12 Moved by Councillor Dickerson Seconded by Councillor O'Connell That the City's Building By-law 6603/05 which appoints the Chief Building Official, Deputy Chief Building Official and Inspectors be amended as set out in Attachment 1 to Report PD 13-11. Carried Resolution #84/11 Moved by Councillor O'Connell Seconded by Councillor Pickles That the rules of procedure be suspended in order to allow for the introduction of an additional Notice of Motion. Carried Unanimously on a Recorded Vote (VIII) Motions 1. Use of Electronic Devices Discussion ensued with respect to the use of electronic devices. Resolution #85/11 Moved by Councillor Pickles Seconded by Councillor Dickerson WHEREAS the use of electronic devices by Members of Council at in-camera and public meetings can be distracting, disruptive and disrespectful to the conduct of meetings, Members of Council and members of the public; THEREFORE the use of electronic devices by members of Council is prohibited at in- camera and public meetings of Council and Committees (e.g., Planning, Executive Committee, and Budget). Electronic devices include but are not limited to Blackberries, cellular phones, tablets, pager, smart phone, computer with a link to the Internet, or any other similar piece of technological equipment used for communications purposes. 12 City Council Meeting Minutes Monday April 18, 2011 7:30 PM Council Chambers i3 NOW THEREFORE BE IT RESOLVED THAT the Clerk amend the procedures and by-laws of Council to reflect this direction. Motion Defeated on a Recorded Vote Later in the Meeting (See following motion) Resolution # 86/11 Moved by Councillor McLean Seconded by Councillor O'Connell That the main motion be amended to include the following; And further, that this shall not apply to any member who requires the use of an electronic device for such purposes that may be deemed as a right of accommodation under Part 1 of the Ontario Human Rights Code R.S.O. 1990 C.H.19. Motion Defeated on a Recorded Vote as Follows: Yes No Councillor McLean Councillor Ashe Councillor O'Connell Councillor Dickerson Councillor Rodrigues Councillor Pickles Mayor Ryan The main motion was then Defeated on a recorded vote as follows: Yes No Councillor Dickerson Councillor Ashe Councillor Pickles Councillor McLean Mayor Ryan Councillor O'Connell Councillor Rodrigues 2. Cell Phone Towers Discussion ensued with respect to the City's position and authority relating to approvals for cell tower locations. Council was concerned with the lack of notification and consultation requirements on towers less than 15 metres in height. 13 City vo Council Meeting Minutes Monday April 18, 2011 FICI<EPUNG 7:30 PM 4 Council Chambers Resolution #87/11 Moved by Councillor O'Connell Seconded by Councillor Ashe WHEREAS the City of Pickering was recently informed that Industry Canada has approved a cell phone tower at 1820 Whites Road, Amberlea Presbyterian Church without any consultation with the City of Pickering; and WHEREAS the Federal Government through Industry Canada, refuses to recognize the important role that municipalities play in regards to local land use matters and specifically where cell phone towers may be situated; and WHEREAS local residents residing in the Amberlea/Foxhollow Neighbourhood are outraged, having become aware through 3rd party information that such an intrusion can be erected in a residential community; NOW THEREFORE BE IT RESOLVED that the Federal Government through Industry Canada be advised that the City of Pickering objects to the installation of a cell phone tower at 1820 Whites Road and that they reverse its approval and enter into discussions with the City of Pickering in order to find a more appropriate location; AND FURTHER that the Federal Government be required to amend their policies and procedures for the approval of cell phone and radio towers to allow for local municipalities consultation on all applications and to not approve applications objected to by the local municipality; AND FURTHER that consultation takes place through the Federation of Municipalities on establishing guidelines to assist Industry Canada in setting criteria that can be used by municipalities to assess each application submitted for towers; AND that a copy of this motion be forwarded to FCM to be included for endorsement at its annual meeting AND that copies of this resolution be sent to Dan McTeague, MP for Pickering/Scarborough East, the Honourable Tony Clement, Minister of Industry and the Honourable Gary Goodyear, Minister of State (Science and Technology). Carried Unanimously on a Recorded Vote 14 City o~ Council Meeting Minutes Monday April 18, 2011 PICXERING 7:30 PM Council Chambers J (IX) By-laws 7122/11 By-law to limit the gross vehicle weight of any vehicle or class thereof passing over a bridge under the jurisdiction of the Corporation of the City of Pickering pursuant to the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended. .7123/11 Being a by-law to amend By-law 6604/05 providing for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. 7124/11 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 18, Concession 2, in the City of Pickering (A 35/05) 7125/11 Being a by-law to amend Schedule "A" of By-law 6603/05 appointing the Chief Building official, Deputy Chief Building Official and Inspectors. 7126/11 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 16, Plan 228, in the City of Pickering. (A 8/10) 7127/11 Being a by-law to amend By-law 6835/08 to establish retention periods for records of the Corporation of the City of Pickering. 7128/11 Being a by-law to exempt Block 18 on Plan 40M-1827, Pickering, from the part lot control provisions of the Planning Act. 7130/11 Being a by-law to dedicate Block 32, Plan 40M-2023, Pickering, as public highway. 7131/11 Being a by-law to authorize the Liverpool Road - Road Works, Storm Sewer, Street Lighting and Boulevard Reconstruction, and Wharf Street Sidewalk Installation project in the City of Pickering and the issuance of debentures therefor in the amount of $320,000 Third Reading: Councillor Dickerson, seconded by Councillor Ashe moved that By-law Numbers 7122/11 to 7131/11, be adopted, save and except By-law No. 7129/11 and the said by-laws be now read a third time and passed and that the Mayor and Clerk sign the same and the seal of the Corporation be affixed thereto. Carried 15 Cif Council Meeting Minutes Monday April 18, 2011 FICXE 7:30 PM 6 Council Chambers 7129/11 Being a by-law to stop-up and close various road allowances as public highways, declare lands surplus to the Corporation and authorize conveyances to the Regional Municipality of York and the Regional Municipality of Durham in support of the Duffin Creek Water Pollution Control Plant expansion. Carried Later in the Meeting (See following motion) Resolution # 88/11 Moved by Councillor O'Connell Seconded by Councillor McLean That By-law No. 7129/11 be tabled until such time as the enhancement projects are agreed upon by Council. Motion Defeated on a Recorded Vote as Follows: Yes No Councillor McLean Councillor Ashe Councillor O'Connell Councillor Dickerson Councillor Rodrigues Councillor Pickles Mayor Ryan By-law 7129/11 was then Carried. (X) Confidential Matters In accordance with Procedural By-law 6746/07 and the provisions of the Municipal Act, an In Camera meeting of Council was held prior to the regularly scheduled meeting. Resolution #89 /11 Moved by Councillor McLean Seconded by Councillor O'Connell 16 City o¢ Council Meeting Minutes Monday April 18, 2011 PICKEWNG 7:30 PM Council Chambers 17 That Council move In Camera in accordance with the provisions of the Municipal Act and Procedural By-law 6746/07, in that the matters to be discussed relate to personal matters about an identifiable individual. Carried 1. Confidential Verbal Update from the Division Head, Human Resources With Respect to Personnel Matters Re: Collective Bargaining Refer to the In Camera minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Resolution # 90/11 Moved by Councillor Dickerson Seconded by Councillor McLean That Council rise into open session of Council. Carried (XI) Other Business The Chief Administrative Officer was requested to action the following; a) Councillor McLean questioned the cost of winterizing the Linton farmhouse. b) Councillor Pickles requested an update on the status of a response from the City of Pickering to Transport Canada with respect to the heritage properties. (XII) Confirmation By-law By-law Number #7132/11 Councillor Dickerson, seconded by Councillor Ashe moved for leave to introduce a By- law of the City of Pickering to confirm those proceedings of the Council of The Corporation of the City of Pickering at its Regular Meeting of April 18, 2011. Carried 17 Cyr 0~ Council Meeting Minutes _ Monday April 18, 2011 PICKE 7:30 PM Council Chambers (X111) Adiournment Moved by Councillor O'Connell Seconded by Councillor McLean That the meeting be adjourned at 9:37 pm. Carried Dated this 18th day of April, 2011. Mayor David Ryan Debbie Shields City Clerk 18 Citq Special Council Meeting Minutes Monday, April 26, 2011 PI IUNG 7:30 pm Council Chambers 1 9 Present: Mayor Ryan Councillors: K. Ashe D. Dickerson B. McLean - arrived at 7:50 pm J. O'Connell D. Pickles P. Rodrigues Also Present: T. Prevedel - Chief Administrative Officer N. Carroll - Director, Planning & Development T. Melymuk - Director, Office of Sustainability B. Douglas - Fire Chief J. Hodgson - Manager, Customer & Administrative Services C. Rose - Manager, Policy M. Wouters - Manager, Development Review & Urban Design G. McGregor - Principal Planner - Policy R. Holborn - Division Head, Municipal Property & Engineering S. Reynolds - Division Head, Culture & Recreation M. Gadzovski - Senior Water Resources & Environmental Engineer L. Roberts - Committee Coordinator (1) Invocation Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (II) Disclosure of Interest Councillor Ashe made a declaration of interest under the Municipal Conflict of Interest Act with respect to Neighbourhood 18 of the Neighbourhood Plans for Seaton as he is an equity member with the Whitevale Golf Club. Councillor Ashe did not take part in any discussions regarding Neighbourhood 18 or vote on the matter. 1 Czcy oo Special Council Meeting Minutes Monday, April 26, 2011 7:30 pm Council Chambers 20 (III) Delegations 1. Lloyd Thomas, 489 Whitevale Road appeared before Council on behalf of the Whitevale Residents' Association to address the issues affecting the Village of Whitevale, stating their goal is to retain the social and cultural heritage. He noted they do not consider schools to be part of a buffer zone and stressed the importance of looking at everything together. He stated the need to build the Whitevale By-pass first, they do not see the need for the reconstruction of the existing bridge on Whitevale Road and respectfully requested Council to reject the proposal. A question and answer period ensued with discussion regarding the existing bridge and by-pass, buffer zone and the difficulty in accessing information with no high speed Internet in Whitevale. 2. Mark Lowe, resident of Whitevale appeared before Council stating he is not opposed to the development in Seaton, but has concerns with what is being considered a buffer zone. He stated this should act as a natural open space to maintain the viewscape and not be engulfed by the surrounding subdivision. He stated he understood that the plans can still be altered and requested Council direct staff in this regard. A question and answer period ensued with further discussion regarding the By- pass, with the number of schools being questioned. 3. Marion Thomas, a resident of Whitevale, appeared before Council in opposition to the Seaton Neighbourhoold Plan. She noted that schools consume a large amount of land, increasing the need for buses. She suggested the possibility of shared space for playgrounds and the need for rapid transit. She also noted her concerns with sanitary sewers which would not be available to the Whitevale residents. She stated the By-pass should be built first and that multiple housing types should be considered. A question and answer period ensued with respect to the notification to residents, whereby they were not given ample opportunity to examine the documents. 4. Beverly Morose appeared on behalf of Judy Duffus to express their concerns with the buffer zone. She stated that schools and parks are an integral part of the community but should not be considered a buffer. She stated that a pristine, undeveloped area is needed as a buffer. She noted she is not 2 City Special Council Meeting Minutes 3 Monday, April 26, 2011 PIG~ERNG 7:30 pm Council Chambers 21 opposed to development, but would not want to see the heritage homes lost to development. She stated that Whitevale is a vibrant community and would like to ensure the protection and preservation of the hamlet. She asked that Council not approve the plan and adhere to the Central Pickering Development Plan for Seaton, this will be the legacy to Pickering. A question and answer period ensued with respect to the location of school sites. 5. Charles Sopher, a resident of Whitevale, appeared before Council and stated that at an All Candidates meeting he had attended there seemed to be no business case for development of the airport lands, and questioned whether Seaton was considered in conjunction with an airport. He noted that according to the Central Pickering Development Plan land exchange guidelines, the environmentally significant features and cultural heritage of the Whitevale Heritage District need to be protected for future generations. He questioned the meaning of a buffer zone, stating that what currently exists is working well. He felt there were too many school sites which do not belong in a buffer zone. 6. John Rider,a resident of Whitevale, appeared before Council stating he has enjoyed living in Pickering and being involved in the Community since 1974. He stated this plan fails to live up to the vision and promises made to have a greenbelt protecting the hamlet. He felt the residents had not been given ample opportunity to actively participate in the process. His main issues are to honour the boundaries of the Whitevale Heritage Conservation District, remove the schools and parks from the buffer zone, and should the Stormwater Management Facilities be above ground structures, remove them from the buffer as well. A question and answer period ensued with respect to the buffer zone and the notification process. Resolution # 91/11 Moved by Councillor Rodrigues Seconded by Councillor McLean That the rules of procedure be suspended in order to allow for additional delegations to be heard. 3 City a¢~ Special Council Meeting Minutes Monday, April 26, 2011 PICKERUNG 7:30 pm Council Chambers 22 Carried on a Recorded Vote as Follows; Yes No Councillor Dickerson Councillor Ashe Councillor McLean Councillor O'Connell Councillor Pickles Councillor Rodrigues Mayor Ryan 7. L. Craig, 1415 Whitevale Road appeared before Council and questioned why the wording in the draft amendment to the Pickering Official Plan had been changed to delete the reference to working cooperatively with other parties including the residents. He also questioned why the City should be responsible to provide internet access to the residents of Whitevale and what consideration is being given to the other heritage buildings along Whitevale Road. 8. Steve Gilcrest,1995 Royal Road, appeared before Council with concerns regarding the financial implications. He stated there should be full disclosure with respect to the costs to all taxpayers. He felt the plan lacked sufficient specific details with respect to roads, placement of schools and the associated costs. He questioned the number of students which would be added to the school board roles, stating a need to have definite numbers in order to associate dollar amounts. He noted it was unfair to all to make an informed decision in the absence of information. Mayor Ryan noted this development is a direct result of a Provincially controlled area based on a decision to protect the Oak Ridges Moraine. A question and answer period ensued. C. Rose advised Council of corrections made to the report regarding terminology and provided a brief overview of the Minutes of Settlement and the intent of the recommendations in Report PD 14-11. She explained the City's requirement to prepare the Neighbourhood Plans and what requires endorsement at this point. Paul Lowes of Sorensen Gravely Lowes Planning Associates Inc. working on behalf of the City undertaking the Seaton Neighbourhood Planning Review, appeared before Council. Through the aid of a power point presentation he provided an 4 Citq o~ Special Council Meeting Minutes Monday, April 26, 2011 PIC] 7:30 pm Council Chambers 23 overview of the neighbourhood plans providing an explanation with respect to densities, park locations, trails and Village Greens. He indicated that the Province has stated there are to be no recreational facilities in the Natural Heritage areas. He showed the location of pedestrian predominant streets, noting three different options for the westerly community node. He explained the permitted uses in the Hamlet Heritage Open Space area and also noted the size and location of the Stormwater Management Ponds are not final at this point and confirmed they will not be above ground. He also confirmed that the information with respect to the number of schools came from the direction of the school boards. Dan Leaming of The Planning Partnership, a subconsultant on the team with Paul Lowes, appeared before Council. He provided an overview of the Sustainable Placemaking Guidelines through the aid of a powerpoint presentation. He provided details of the four levels of sustainability and explained the structure and implementation strategies and how they are applied. He provided information with respect to the incentive programs being developed and how they are awarded. He explained these guidelines are used to evaluate site plan applications and plans of subdivisions. C. Rose explained the Staged Servicing and Implementation Strategy. She stated some preliminary information had been received and explained the phasing of the residential and employment lands as well as the hard and soft services. She indicated that the Whitevale area is not to be serviced with sanitary sewers according to the Durham Regional Official Plan. She noted the Strategy must be to the satisfaction of the City and the Region. A question and answer period ensued with Council posing numerous questions. Staff in conjunction with the consultants provided clarification on many issues including employment lands, densities, trails, recreational facilities, stormwater ponds, sanitary sewers for the residents of Whitevale, percentage of greenspace, bridge design, legal responsibilities with respect to possibly reverting to the old plans and the landowners rights, timeframes for the implementation of phases and the preservation of trees. Council took a ten minute recess and reconvened at 11:55 pm (IV) New and Unfinished Business 1. Director, Planning & Development, Report PD 14-11 Seaton Neighbourhood Planning Review 5 Cirq 00 Special Council Meeting Minutes Monday, April 26, 2011 PIG~EMG 7:30 pm Council Chambers 24 A discussion period ensued and it was noted there are still opportunities to address issues. The main areas of concern were noted as the Whitevale residents being given the opportunity to hook up to sanitary sewers, ensure the western portion of the Whitevale By-pass including the bridge over West Duffins Creek, be included in Phase 1, and to limit the buffer uses as those currently identified are not appropriate Also discussed were the location of parks and schools with concerns being raised with respect to the illumination of ball parks. Also questioned was the term "institutional" and what this could include. It was noted the Region's main concerns are with population and employment figures contained in the conformity amendment. Resolution # 92/11 Moved by Councillor Dickerson Seconded by Councillor Ashe 1. That Report PD 14-11 of the Directors, Planning & Development and Office of Sustainability regarding the Seaton Neighbourhood Planning Review be received; 2. That Council: a) endorse the Neighbourhood Plans for Seaton Neighbourhoods 16, 18 and 19, as set out in Appendix I to this Report, subject to the City being satisfied with the completion of the Fiscal Impact Study, the Amendment (Update) to the Master Environmental Servicing Plan and the Neighbourhood Functional Servicing and Stormwater Reports; b) endorse the Seaton Sustainable Placemaking Guidelines, as set out in Appendix II to this Report, subject to the development of an incentive program; and c) endorse the Draft for Discussion Staged Servicing and Implementation Strategy, as set out in Appendix III to this Report, subject to on-going discussion and completion of the Strategy; 3. That staff be authorized to continue to work collaboratively with the affected stakeholders to address issues and as necessary refine the above-noted documents; and should any substantive refinements be made to any of these documents, that staff be directed to again seek Council's endorsement of that document; and 4. Further, that a copy of Report PD 14-11 be forwarded to the Seaton Landowners Group, the Regional Municipality of Durham, the Toronto and 6 City Special Council Meeting Minutes Monday, April 26, 2011 PICKERING 7:30 pm Council Chambers L Region Conservation Authority, Ontario Realty Corporation and the Ministry of Municipal Affairs and Housing. Carried on a Divided Motion Later in the Meeting [Refer to following motions] Resolution #93/11 Moved by Councillor Dickerson Seconded by Councillor McLean That the main motion be divided in order to deal with Neighbourhood 18 of the Neighbourhood Plans for Seaton separately. Carried Resolution #94/11 Moved by Councillor Pickles Seconded by Councillor Dickerson That Item 3 of the main motion be amended to include the following: That staff be directed to further explore refinements further limiting or relocating uses presently in the Hamlet Heritage Open Space to lands outside the Hamlet Heritage Open Space; including the western extension and bridge over the West Duffins Creek for the Whitevale Road By-pass in the first phase of development and discuss opportunities for sanitary sewers for Whitevale residents. Carried on a Recorded Vote as Follows: Yes No Councillor Dickerson Councillor O'Connell Councillor McLean Councillor Rodrigues Councillor Pickles Mayor Ryan 7 Ciry Special Council Meeting Minutes gt3 Monday, April 26, 2011 PI IUNG 7:30 pm Council Chambers 26 The main motion as amended with Neighbourhoods 16 and 19, excluding Neighbourhood 18 was then Carried on a Recorded Vote as follows; Yes No Councillor Ashe Councillor McLean Councillor Dickerson Councillor O'Connell Councillor Pickles Councillor Rodrigues Mayor Ryan The main motion as amended with the inclusion of Neighbourhood 18 was then Carried on a Recorded Vote as follows; Yes No Councillor Dickerson Councillor O'Connell Councillor McLean Councillor Rodrigues Councillor Pickles Mayor Ryan (VI) Confirmatory By-law By-law Number 7132/11 Councillor Dickerson, seconded by Councillor Pickles moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of the Council of The Corporation of the City of Pickering at its Special Meeting of Council of April 26, 2011. Carried (VII) Adjournment The Meeting adjourned at 1:00 am. Dated this 26th day of April, 2011 Mayor David Ryan 8 Cirq Special Council Meeting Minutes Monday, April 26, 2011 FICXERING 7:30 pm Council Chambers 2 7 Tony Prevedel (Acting) City Clerk 9 Special Council Meeting Minutes Monday, May 9, 2011 7:00 pm 28 Main Committee Room Present: Mayor Ryan Councillors: K. Ashe D. Dickerson B. McLean J. O'Connell D. Pickles P. Rodrigues Also Present: T. Prevedel - Chief Administrative Officer N. Carroll - Director, Planning & Development T. Melymuk - Director, Office of Sustainability G. Paterson - Director, Corporate Services & Treasurer D. Shields - City Clerk (1) Disclosure of Interest No disclosures of interest were noted. (II) Confidential Matters Resolution # 95/11 Moved by Councillor Dickerson Seconded by Councillor O'Connell That Council move In Camera in accordance with the provisions of the Municipal Act and Procedural By-law 6746/07, in that the matter to be discussed relates to a proposed or pending acquisition or disposition of land by the municipality. Carried a) Confidential Report CAO 09-11 Sale of City Lands on Kingston Road Part 8, Plan 40R-11387, City of Pickering 1 Special Council Meeting Minutes Monday, May 9, 2011 PICKERJNG 7:00 pm Main Committee Room 29 Council had before them a confidential report dated May 9, 2011. Detailed discussion ensued on this matter. Refer to the In Camera minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Resolution # 96/11 Moved by Councillor O'Connell Seconded by Councillor Pickles That Council rise into open session of Council. Carried (III) Confirmatory By-law By-law Number 7134/11 Councillor O'Connell, seconded by Councillor Pickles moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of the Council of The Corporation of the City of Pickering at its Special (In Camera) Meeting and Special Meeting of Council of May 9, 2011. Carried (IV) Adjournment The Meeting adjourned at 7:20 pm. Dated this 9th day of May, 2011 Mayor David Ryan Debbie Shields City Clerk 2 Citq °o Joint Planning & Development and R_g, * Executive Committee Meeting Minutes Monday, May 9, 2011 0 7:30 pm - Council Chambers Chair: Councillor McLean Present: Mayor Ryan Councillors: K. Ashe D. Dickerson B. McLean J. O'Connell D. Pickles P. Rodrigues Also Present: T. Prevedel - Chief Administrative Officer E. Buntsma - Director, Community Services N. Carroll - Director, Planning & Development T. Melymuk - Director, Office of Sustainability G. Paterson - Director, Corporate Services & Treasurer B. Douglas - Fire Chief D. Shields - City Clerk M. Wouters - Manager, Development Review & Urban Design R. Pym - Principal Planner, Development Review M. Yeung - Planner I L. Roberts - Committee Coordinator (1) Disclosure of Interest No disclosures of interest were noted. (II) Part `A' Information Reports Marg Wouters, Manager, Development Review & Urban Design gave an outline of the requirements for a Statutory Meeting under the Planning Act. She outlined the notification process procedures and also noted that if a person or public body does not make oral or written submissions to the City before the by-law is passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Municipal Board, and may not be entitled to be added as a party to the hearing unless, in the opinion of the Board, there are reasonable grounds to do so. 1 ci Joint Planning & Development and Executive Committee Meeting Minutes Monday, May 9, 2011 7:30 pm - Council Chambers Chair: Councillor McLean 1 1. Zoning By-law Amendment Application A 4/11 Motorsports Pickering on behalf of Khan Auctions Ltd. 2695-269 Brock Road (Part Lot 1, Concession 3), City of Pickering A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above noted application. Ross Pym, Principal Planner, Development Review, provided an overview of zoning by-law amendment application A 4/11. Patrick Spears, 1847 Malden Crescent appeared before the Committee and questioned whether a donation from Pickering Men's Slow Pitch had been designated for a ball diamond at this location. Staff provided clarification later in the meeting that the donation was designated for another location. The applicant appeared before the Committee and stated that their current lease was expiring in June and that this would provide an opportunity to put to use the vacant building situated on this property and would also provide an opportunity to put people back to work. He stated this would be a temporary location. A question and answer period ensued with respect to the operation of the business. 2. Draft Plan of Subdivision SP-2011-01 Draft Plan of Condominium CP-2011-01 Zoning By-law Amendment Application A 3/11 Emery Homes Glendale Ltd. 1880, 1876 & 1872 Liverpool Road and 1863, 1865, 1871, 1875, 1871 & 1881 Glendale Drive (Lots 19, 20, 21, 33, 34, 35, 36, 37 & 38, Plan 492), City of Pickering A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above noted application. Mila Yeung, Planner I, provided an overview of zoning by-law amendment application A 3/11. Bryce Jordan, consultant for Emergy Homes, appeared before the Committee on behalf of the applicant. He stated that the lands are designated medium density and the limit of 55 units per net hectare ensures compatibility with future development. He also noted the need to achieve compatibility through architectural design. 2 citq °j Joint Planning & Development and =ff tl` Executive Committee PIO~ERUNG Meeting Minutes Monday, May 9, 2011 3 2 7:30 pm - Council Chambers Chair: Councillor McLean John Beresford, architect for the project appeared before the Committee. Through the aid of a power point presentation, he stated the need to take streets and transform them to more liveable spaces, noting that the proposed townhouses will encourage liveability and safety. He stated there would be provision for 208 parking spaces, including both private and visitor parking. The townhouses would range in size from 1,700 to 2,000 square feet and some would be equipped with elevators. He also noted their compliance with sustainability guidelines. Doug Martin, 1857 Glendale Drive appeared before the Committee stating his concerns with the impact of increased traffic and noted that the 208 parking spots being proposed was unrealistic. He felt that 250 - 300 parking spots would be a more accurate estimate. He also noted his concerns with safety, stating that congestion was already at capacity . He noted concerns with the configuration as the development would be facing his backyard, reducing privacy as well as property values. He noted this development would not fit in with the community and would like to see a lower profile home, possibly semi detached. He indicated his willingness to work with staff and residents to find a solution to these issues. Jeremy Crawford, 1840 Glendale Drive, appeared before the Committee in opposition to the application, noting his concerns with traffic. He stated people currently park on the street creating safety concerns as well, making it dangerous for children to cross the street. He questioned where the greenspace would be in the proposed development. He also noted concerns with the height of the development being three storeys and felt it was not sustainable. He indicated this would also bring their property values down. Jackie Gentle, 1859 Malden Crescent, appeared before the Committee reiterating previous delegation concerns and noting her main issue was the traffic congestion, stating it would be unreasonable to consider increased traffic in the area. She noted this would impact the surrounding area as well, which would only increase the problem. Michael Lee, 1832 Bronte Square, appeared before the Committee noting concerns with traffic both during and post construction. He noted that the traffic would be diverted onto Bronte Square and questioned whether there would be traffic lights installed. D. Garland, 1310 Fieldlight Boulevard, appeared before the Committee in opposition to the application, noting the entire concept should be sent back. She stated the density is too high to fit in with the community, She stated that at least one storey should be taken off as she felt it would tower over the existing homes. She indicated 3 ci °-I Joint Planning & Development and PIG<JE Executive Committee Meeting Minutes Monday, May 9, 2011 7:30 pm - Council Chambers Chair: Councillor McLean - there is never enough visitor parking now and that owners would be using those spots as well. She also noted concerns with the freehold townhouses, as they would have no say in what is done. Shirley Vasey, 1841 Malden Crescent appeared before the Committee stating she felt the drawings shown were not aesthetically appropriate for the area stating that it should be matched up with the existing community. Patrick Spears, 1847 Malden Crescent appeared before the Committee and stated that most residents have 2 or 3 cars and get ticketed on the street now. He questioned how many vehicles the driveways would accommodate. He also questioned why there were survey stakes already in the ground if nothing had been approved yet. He asked where the 208 parking spots would be, stating it would be impossible to have this many. Donna Bell, 1879 Hansell Court appeared before the Committee, stating she was in agreement with all the issues noted already and stated that if nothing has been approved yet, the signs should come down. Lucille Dore, 1866 Glendale Drive, appeared before the Committee stating she has experienced atrocious traffic issues first hand, witnessing many close calls. She noted a huge increase in traffic after the opening of Tim Hortons. She indicated her concerns with safety and noise issues. She is not opposed to development, but within reason . The buildings are too high and she indicated that the resale value of their properties has already been affected. Becky Arseneau, 1945 Glendale Drive, appeared before the Committee and stated she had witnessed traffic chaos on her way over here this evening on her electric bike. She stated this development does not promote a sense of community. The proposal of three storeys is not aesthetically pleasing, she felt reducing it to two storeys would be an improvement. Brian Miller, 1855 Glendale Drive appeared before the Committee stating his concerns with safety and questioned what would be done with respect to snow removal. John Martin, 1862 Glendale Drive, appeared before Committee and noted he was also speaking on behalf of his mother Beverly Martin. He stated their concerns with traffic and the driveways. He questioned how they would get onto Highway 2. He also stated that three storeys would not fit in with the neighbourhood. 4 cis Joint Planning & Development and PIOCEMG a Executive Committee Meeting Minutes Monday, May 9, 2011 7:30 pm - Council Chambers 34 Chair: Councillor McLean Amanda Lavocque, 1791 Bronte Square, appeared before the Committee, speaking on behalf of her neighbours Norma and Renee Guay as well. She noted they have numerous concerns, with the main issue being the increased traffic as a result of the development. She also noted concerns with the impact on the school system, noting that most of the new residents purchasing townhomes would have young families. She also stated the height and lot sizes do not fit with the existing neighbourhood. Michael O'Leary, 1907 Bowler Drive, appeared before the Committee and questioned what the developers were offering for parkland, garbage and snow removal . He stated the traffic issue was the number one priority and staff should sit down with the residents to address the issues. He was also in agreement that three storeys do not fit in with the neighbourhood and felt that the number of homes going in should be cut down. John Service, 1821 Bronte Square, appeared before the Committee, stating he is co- chair of the Vaughan Willard school board and noted that they would welcome more students to the school. He questioned the number of townhouse units, visitor parking and traffic issues. Angela Wurster, 1871 Malden Crescent, appeared before the Committee, stating she had moved there to raise her family but has concerns with the density, population and loss of mature trees. She also stated the space and size of the houses do not fit the neighbourhood. Bill Waugh, 1816 Bronte Square, appeared before the Committee questioning the cost of the townhouse units, whether they would be high or low end. He also noted his concerns with parking and indicated the visitor parking was too far away which would increase on street parking. Mike Farrugia, 1904 Glendale Drive, appeared before the Committee stating his concerns with the traffic issues in an already congested area. He questioned a roundabout or possible third road at the end of Liverpool. Norna Guay, 1793 Bronte Square appeared before the Committee with concerns regarding noise, trash, traffic and decreased property values. She stated there has been an increase in accidents since Tim Hortons opened, noting her concerns for the safety of children in the area due to the increase in traffic volumes. She also questioned the site lines for the bungalows on Glendale Drive. Warren Davis, 1828 Bronte Square, appeared before the Committee stating that higher densities create more problems. 5 city o~ Joint Planning & Development and Executive Committee Meeting Minutes Monday, May 9, 2011 7:30 pm - Council Chambers Chair: Councillor McLean Fred Dykstra, 1899 Glendale Drive, appeared before the Committee stating his concerns with traffic as walking across Glendale Drive is dangerous now. He also noted his concerns with safety, height of the building, noise increase, loss of greenspace and questioned where the parking would be as well as playgrounds. Chris Gertzos, 1972 Glendale Drive, appeared before the Committee noting he had purchased his home due to the lot size and greenspace. He noted the lack of greenspace in this development and noted a decrease in property values due to this development. He felt that fewer homes of a better quality would allow for a better fit in the community, more trees and greenspace. Alice Rooney, 1900 Liverpool Road, appeared before the Committee stating that the traffic is unbelievable and questioned where the children would play. She noted there were too many houses that looked like square boxes, which are not homes. Carmen Stefanescu, 1924 Glendale Drive, appeared before the Committee stating she was in agreement with all the concerns noted, stating the development is totally inappropriate. She questioned whether there would be any allowance for handicapped parking. A question and answer period ensued with Committee members posing various questions with staff providing clarification. Staff indicated they would be willing to meet with the residents to further discuss the issues raised regarding this development. The applicant appeared and provided clarification with respect to the possible extension of Liverpool, indicating that this would not be the case. The Committee recessed and reconvened at 9:40 pm. (III) Part`B' - Executive Committee Reports 1. Director, Corporate Services & Treasurer, Report CST 12-11 Commodity Price Hedging Agreements Ontario Regulation 291/09 Municipal Act 2001 Recommendation Moved by Councillor Pickles Seconded by Councillor Dickerson 6 cit, Joint Planning & Development and Executive Committee CKERING Meeting Minutes Monday, May 9, 2011 7:30 pm - Council Chambers 3 Chair: Councillor McLean That Report CST 12-11 of the Director, Corporate Services & Treasurer regarding Commodity Price.Hedging be received for information. Carried 2. Director, Corporate Services & Treasurer, Report CST 15-11 Section 357/358 of the Municipal Act-Adjustment to Taxes Recommendation Moved by Councillor Pickles Seconded by Councillor Dickerson 1. That Report CST 15-11 of the Director, Corporate Services & Treasurer be received; 2. That the write-offs of taxes as provided under Section 357/358 of the Municipal Act, 2001 be approved; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Carried 3. Director, Corporate Services & Treasurer, Report CST 16-11 Statement of the Treasurer Respecting 2010 Remuneration and Expenses of Members of Council and Council Appointees to Boards, Agencies and Other Bodies Recommendation Moved by Councillor Pickles Seconded by Councillor Dickerson That Report CST 16-11 of the Director, Corporate Services & Treasurer regarding Statement of the Treasurer respecting Remuneration and Expenses of Members of Council and Council Appointees for the year 2010 be received. Carried 7 cifil "'o Joint Planning & Development and =g Executive Committee PICKERNG Meeting Minutes Monday, May 9, 2011 7:30 pm - Council Chambers Chair: Councillor McLean 37 4. Director, Corporate Services & Treasurer, Report CST 17-11 Formal Quotations - Quarterly Report for Information Recommendation Moved by Councillor Pickles Seconded by Councillor Dickerson That Report CST 17-11 of the Director, Corporate Services & Treasurer regarding Formal Quotations - Quarterly Report for Information be received for information. Carried 5. Director, Corporate Services & Treasurer, Report CST 18-11 Cash Position Report as at December 31, 2010 Recommendation Moved by Councillor Pickles Seconded by Councillor Dickerson That report CST 18-11 from the Director, Corporate Services & Treasurer regarding Cash Position as at December 31, 2010 be received for information. Carried 6. Director, Corporate Services & Treasurer, Report CST 19-11 Tender No. T-3-2011 -Supply and Delivery of Computer and Network Equipment Recommendation Moved by Councillor Pickles Seconded by Councillor Dickerson 1. That Report CST 19-11 regarding the supply and delivery of computer and network equipment as provided for in the approved 2011 Capital and Current Budgets be received; 2. That Tender No. T-3-2011 submitted by Venture Computers for Server Option Model 2 ($8,830), Server Memory ($2,456) and VMware Enterprise Server Software ($5,936) for a total cost of $17,222.00 plus HST be approved; 8 Joint Planning & Development and 11 -ILL PIG~ERNG Executive Committee Meeting Minutes Monday, May 9, 2011 7:30 pm - Council Chambers 3 3 Chair: Councillor McLean 3. That Tender No. T-3-2011 submitted by Ederick Associates Inc. for PC (Optional Model 2) ($41,841.80) and SAN Tape Backup ($16,065.89) for a total cost of $57,907.69 plus HST be approved; 4. That Tender No. T-3-2011 submitted by Acrodex Inc for Laptop and Docking Stations for a total cost of $18,661.56 (includes an additional Notebook and Docking Station and Toughbook and Port Replicator) plus HST be approved; 5. That Tender No. T-3-2011 submitted by Conpute for PC Workstations ($5,443.80), ViewSonic LED ($3,769.66) and Cisco Switches ($92,490.38 includes an additional switch) at a total cost of $101,703.84 plus HST be approved; 6. That the total gross project cost of $220,909.45 (HST included) and the total net project cost of $198,935.81 (after HST rebate) be approved; 7. That Council authorizes the Director, Corporate Services & Treasurer to finance the project from the approved Information Technology 2011 Capital and Current Budgets from property taxes; and, 8. That the appropriate officials of the City of Pickering be authorized to take necessary action to give effect thereto. Carried 7. Director, Corporate Services & Treasurer, Report CST 20-11 Investment Portfolio Activity for the Year Ended December 31, 2010 Ontario Regulation 292/09 under the Municipal Act, 2001 Recommendation Moved by Councillor Pickles Seconded by Councillor Dickerson That Report CST 20-11 of the Director, Corporate Services & Treasurer regarding Investment Portfolio Activity for the Year Ended December 31, 2010 be received for information. Carried 9 c~ 'q Joint Planning & Development and W=t~ 1 Executive Committee Meeting Minutes Monday, May 9, 2011 7:30 pm - Council Chambers Chair: Councillor McLean 39 8. Director, Corporate Services & Treasurer, Report CS 21-11 2010 Building Permit Stabilization Reserve Fund Recommendation Moved by Councillor Pickles Seconded by Councillor Dickerson That Report CST 21-10 from the Director, Corporate Services & Treasurer regarding the 2010 Building Permit Stabilization Reserve Fund be received for information. Carried 9. Director, Corporate Services & Treasurer, Report CST 22-11 2011 Tax Rates for all Classes of Property and Final Tax Due Dates for All Realty Tax Classes Except for Commercial Industrial & Multi-Residential Realty Classes Councillor Rodrigues indicated he would not be supporting this report. A brief discussion took place with respect to the position of the City should this report not be approved. Recommendation Moved by Councillor Pickles Seconded by Councillor Dickerson 1. That Report CST 22-11 of the Director, Corporate Services & Treasurer be received; 2. That the 2011 tax rates for the City of Pickering be approved as contained in Schedule A of the By-law attached hereto; 3. That the tax levy due dates for the Final Billing be June 29, 2011 and September 29, 2011 excluding the industrial, multi-residential and commercial realty tax classes; 4. That the attached By-law providing for the imposition of the tax rates approved under Recommendation 1 and 3 above, be read three times and approved; 10 city °A Joint Planning & Development and is PIO<E T=g °k Executive Committee Meeting Minutes Monday, May 9, 2011 7:30 pm - Council Chambers 40 Chair: Councillor McLean 5. That the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, including altering due dates, in order to ensure the tax billing process is completed; 6. That the Director, Corporate Services & Treasurer be authorized to make any changes to the final tax rates to comply with Provincial regulations; and, 7. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Carried 10. Director, Corporate Services & Treasurer, Report CS 18-11 Tender No. T-4-2011 Asphalt Overlay for Sheppard Avenue, Toy Avenue, Sandy Beach Road and Luna Court Recommendation Moved by Councillor Pickles Seconded by Councillor Dickerson 1. That Report CS 18-11 of the Director, Community Services regarding the tender for Asphalt Overlay for Sheppard Avenue, Toy Avenue, Sandy Beach Road and Luna Court be received, 2. That Tender No.T-4-2011 submitted by Four Seasons Site Development Limited in the amount of $194,497.63 (HST included) and a net cost of $175,151.14 (net of HST rebate) be approved; 3. That the total gross project cost of $250,850 (HST included), including the tender amount and other associated costs, and the total net project cost of $225,898 (net of HST rebate) be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project as follows: a) the sum of $89,318 be funded from Federal Gas Tax Reserve Fund, as provided for in the 2011 approved Roads Capital Budget for Toy Avenue and Luna Court; 11 Joint Planning & Development and PICKE "Executive Committee Meeting Minutes Monday, May 9, 2011 7:30 pm - Council Chambers Chair: Councillor McLean, i b) the sum of $14,533 be funded from Move Ontario Reserve, as provided for in the 2011 Roads Capital Budget for Sandy Beach Road; c) the sum of $20,862 be funded from the Invest in Ontario grant for plantings and associated costs for Sheppard Avenue; d) the sum of $24,185 be funded from Property Taxes, as provided for in the 2011 Roads Capital Budget, which includes an additional $3,718 required for Sandy Beach Road; e) the sum of $77,000 as provided for in the 2011 Roads Capital Budget for Sheppard Avenue from Rosebank Road to Altona Road be financed by the issuance of debentures by the Regional Municipality of Durham over a period not to exceed five (5) years, at a rate to be determined; D the annual repayment charges in the amount of approximately $18,000 be included in the annual Current Budget for the City of Pickering commencing in 2012, continuing thereafter until the loan is repaid and any financing cost to be paid out of the Current Budget; g) the Director, Corporate Services & Treasurer has updated the City's 2011 Annual Repayment Limit and certified that this loan and the repayment thereof falls within the City's Annual Repayment Limit for the debt and financial obligations, as established by the Province for municipalities in Ontario, and would not cause the City to exceed the updated Limit, and therefore , Ontario Municipal Board approval is not required prior to City Council's authorization; h) the Treasurer is authorized to take any actions necessary in order to effect the foregoing; 5. That the draft by-law attached to this report be enacted; and 6. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. Carried 11. Chief Administrative Officer's Report, CAO 08-11 Animal Licence Fee Discount - New Residents Recommendation 12 Czar ° Joint Planning & Development and PICKE R_x .r Executive Committee Meeting Minutes Monday, May 9, 2011 2 7:30 pm - Council Chambers Chair: Councillor McLean Moved by Councillor Pickles Seconded by Councillor Dickerson 1. That Report CAO 08-11 requesting a one time licence fee discount for new residents be received. 2. That the request to provide a one time animal licence fee discount for new residents be approved and the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. Carried (V) Other Business a) Councillor O'Connell Rave notice that she would be bringing forward a Notice of Motion at the May 16t Council meeting with respect to the installation of a communication tower on Whites Road. (VI) Adjournment The meeting adjourned at 9:45 pm. 13 I I 43 Pt KERI N May 16,2011 Presentations 1. Mayor Ryan Presentation of Certificates of Achievement Pickering Red Sox Junior A Team 2010 Provincial Champions City O~ PICKER 44 May 16, 2011 Delegations 1. Road Watch Committee Re: Committee Update 2. Oak Ridges Moraine Re: Measuring Success on the Oak Ridges Moraine 3. The Youth Centre Re: Programs and Services 4. Central East LHIN Re: Update on Programs and Services CCal o0 45 May 16, 2011 PICKERING Correspondence Pages 1. Corr. 21-11 Motion for Direction Sandra Kranc 47-48 City Clerk City of Oshawa 50 Centre Street South Oshawa, ON L1 H 3Z7 Letter received from Sandra Kranc, City Clerk, City of Oshawa seeking Council support of their resolution passed on April 11, 2011 with respect to a request for the Minister of Education to amend the Education Act to declare Voting Day for municipal elections in the Province of Ontario as a Professional Activity Day. 2. Corr. 22-11 Motion for Direction Sandra Kranc 49 City Clerk City of Oshawa 50 Centre Street South Oshawa, ON L1 H 3Z7 Letter received from Sandra Kranc, City Clerk, City of Oshawa seeking Council support of their resolution passed on April 11, 2011 with respect to amendments to the eligibility criteria for Peace Officer Exemplary Service Medals awarded by the Governor General of Canada to include special constables in police forces. 3. Corr. 23-11 Motion for Direction Ann Wright, Deputy Clerk 50-51 Town of Ingersoll 130 Oxford Street Ingersoll, ON N5C 2V5 Letter received from Ann Wright, Deputy Clerk, Town of Ingersoll seeking support of a resolution passed on April 11, 2011 requesting the Province to develop and implement a plan to attract health care professionals in a fair and equitable manner without cost to municipalities in order to eliminate the inconsistencies in incentives being offered by municipalities to attract health care professionals. 46 4. Corr. 24-11 Motion for Direction Town of Ajax 52-66 Correspondence received from the Town of Ajax seeking endorsement of a resolution passed on May 9, 2011 with respect to the prevention of the transfer of invasive Asian Carp into the Great Lakes Basin via the Chicago Waterway System. 5. Corr. 25-11 Motion for Direction Charlene Watson 67 Acting EA to the CAO & Clerk Town of Amherstburg Letter received from Charlene Watson, Acting EA to the CAO & Clerk, Town of Amherstburg, seeking support of a resolution passed April 18, 2011 opposing the shipment of radioactive materials from the Canadian Nuclear Safety Commission to ship 16 radioactive steam generators through the Great Lakes to the St. Lawrence Seaway to Sweden. 6. Corr. 26-11 Receive for Information Marisa Carpino 68-73 Supervisor, Culture & Recreation City of Pickering Memo received from Marisa Carpino, Supervisor of Culture & Recreation, submitting the 2010 Annual Report and the proposed 2011 Annual Work Plan on behalf of the Pickering Museum Village Advisory Committee. 7. Corr. 27-11 Receive for Information Jim Dike, Chair 74-75 Waterfront Coordinating Committee Memo received from Jim Dike, Chair, Waterfront Coordinating Committee submitting the 2010 Annual Report and the proposed 2011 Annual Work Plan on behalf of the Waterfront Coordinating Committee. 8. Corr. 28-11 Receive for Information Sophia Aggelonities, Minister 76 Minister Responsible for Seniors Letter received from Sophia Aggelonitis, Minister, Minister Responsible for Seniors, seeking nominations for the 2011 Senior Achievement Award. The deadline for nominations is June 15, 2011. Corporate Services Department Prepare To Be Ai aze l City Clerk Services File: A-2140 y 47 ORIGINIALTO: COPY TO: April 15, 2011 CFRRJ FILE PR AC TION Mo4 o,-, ,J t Honourable Leona Dombrowsky Minister of Education Mowat Block, 22nd Floor 900 Bay Street Toronto, ON M7A 1 L2 Re: School Boards' Declaration of Voting _Day as a Professional Activity Day City Council considered the above matter at a meeting held on April 11, 2011 and adopted the following recommendation of the Finance and Administration Committee: "Whereas Ontario municipalities historically use schools as voting places during municipal elections; and, Whereas the Municipal Elections Act states that school boards must provide space to be used as voting places free of any charge when requested for use by a municipality; and, Whereas school boards are requesting municipalities provide security at schools being used on Voting Day to ensure the safety of students throughout the entire school when only a small portion of the school is being used as a voting place; and, Whereas concerns regarding student safety at the school during voting hours can be eliminated if the students are not in the school on Voting Day; Therefore Oshawa City Council requests that the Minister of Education amend the Education Act to declare Voting Day for municipal elections in the Province of Ontario as a Professional Activity Day; and, That this resolution be forwarded to all Ontario municipalities, local MPP's, the Association of Municipalities of Ontario, the Association of Municipal Managers, Clerks and Treasurers of Ontario and all school boards in the City of Oshawa in accordance with Report FA-11-81 dated March 24, 2011.,, Your consideration of this important matter is appreciated. The Corporation of the City of Oshawa, 50 Centre Street Sou h, Osha,Ija, Ontario 1_1 i-I 377 Phone 905°436°3311 1-800-S67-4292 Fax 905.4:6.5697 -2- 4S By copy of this letter, I am advising all Ontario municipalities, local MPP's, the Association of Municipalities of Ontario, the Association of Municipal Managers, Clerks and Treasurers of Ontario and all school boards in the City of Oshawa of Council's decision. If you need further assistance, please contact me at the address below or by telephone at 005-436-5636 extension 2230. Sandra Kranc City Clerk SK/mp c: All Ontario Municipalities (sent via AMO broadcast) Christine Elliott, MPP Whitby-Oshawa Jerry Ouellette, MPP Oshawa Association of Municipalities of Ontario Association of Municipal Managers, Clerks and Treasurers of Ontario Durham District School Board Durham Catholic District School Board Conseil scolaire de district du Centre-Sud-Ouest Conseil scolaire de district catholique Centre-Sud CITV 4'0- _ (`B`ERING Osh awa° a -1 Prepare To Be Amazed F F I Corporate Services Department. City Clerk Services 4 c~ File: F-4000 oRIGINALTa COPY T0: April 18, 2011 Gabriella D. Lappa, Director of Honours coRlt. FILE Chancellory of Honours F~i"R.ACTi )N _ - ~ 1 Sussex Drive Ottawa, ON K1A OA1 Re: Peace Officer Exemplary Service Medal This is in response to correspondence received on March 24, 2011 from Special Constable Edo Vanbelkom, Peel Regional Prisoner Escort Bureau. City Council considered the above matter at a meeting held April 11, 2011 and decided to adopt the following resolution: "That the City of Oshawa support that the eligibility criteria for the Peace Officer Exemplary Service Medal awarded by the Governor General of Canada be amended to include special constables in police forces and a letter be sent to the Director, Chancellory of Honours, the Region of Durham, Durham area municipalities, local MPs and MPPS, and the Association of Municipalities of Ontario advising them of Council's support." Your consideration of this important issue is appreciated. By copy of this letter, I am advising the parties named in the above resolution of Oshawa Council's decision. If you need further assistance, please contact me at the address listed below, or by telephone at 905-436-5636, ext. 2230. ,a;AC_1T_- Sandra Kranc City Clerk /kb c: Regional Municipality of Durham Township of Brock Association of Municipalities of Ontario City of Pickering The Honourable Jim Flaherty-, M.P. - Whitby/Oshawa Township of Uxbridge Dr. Colin Carrie, M.P. - Oshawa Town of Ajax Christine Elliott, M.P.P. - Whitby/Oshawa Municipality of Clarington Jerry Ouellette, M.P.P. - Oshawa Township of Scugog Edo Vanbelkom, Special Constable, Peel Regional Town of Whitby Police Prisoner Escort Bureau The Corporation of the City of Oshawa City Clerk Services 50 Centre Street South, Oshawa, Ontario L1 H 3Z7 TEL: 905-436-5639, FAX: 905-436-5697 website: www.oshawa.ca t.. ~ . r INGO 50 130 Oxford Street. Phone: (519) 4.85-0120 Ingersoll, Ontario Fax: (519) 485-3543 N5C 2\i5 Erd;r, aersoil ca ORIGIN" C^- _ CZST~o April 21, 2011 co~I7 r t +•t. f 4Jra To All Ontario Municipalities: RE: Resolution on Elimination of Municipal Health Care Professionals Recruitment Incentives Council for the Town of Ingersoll, at their meeting on April 11, 2011, after a recorded vote was requested, passed the following resolution unanimously in support: WHEREAS the number of health care professionals including physicians are declining in relation to the population of the Province of Ontario; and, WHEREAS it is evident to the Town of Ingersoll that municipalities are feeling pressure to provide incentives to attract and obtain health care professionals to meet their residents' health care needs; and, WHEREAS the Town realizes there are inconsistencies in the types and amounts of incentives being offered by municipalities across the Province; and, WHEREAS the affordability by municipalities to offer incentives is inequitable potentially jeopardizing the health care of residents geographically; and, THEREFORE BE IT RESOLVED that the Council for the Town of Ingersoll sees it fit to eliminate incentives given by municipalities as part of health care recruitment as it is seen as a Provincial responsibility; AND FURTHER THAT municipalities request the Province to develop and implement a plan to attract health care professionals including physicians in a fair and equitable manner without cost to municipalities; AND FURTHER THAT the Council for the Town of Ingersoll respectfully requests that all municipalities in the Province of Ontario consider supporting the resolution from the Town of Ingersoll; AND FURTHER THAT a copy of this resolution be forwarded to the Honourable Leona Aglukkaq, Federal Minister of Health; Premier Dalton TOWS OF INGERSOLL Phone: (519) 485-0120 130 0Aord Street, Fax: (519) 485-3543 N5C Coll, Ontario vvvJ9ne ^ rzoll.ca i~!5C '~r5 McGuinty; Ontario Minster of Health Deb Matthews; Christine Elliott; Ontario PC Health Critic; and, France Gelinus, Ontario NDP Health Critic; AND FURTHER THAT this resolution be circulated to all municipalities in Ontario. The Town of Ingersoll is requesting support from all municipalities in Ontario to have cash incentives for the recruitment of health care professionals including doctors eliminated at the municipal level, and to shift the responsibility back to the province to create a plan to attract such professionals to all communities in a fair and equitable manner. Please have your Council consider supporting a similar resolution and forward your support. Sincerely, Ann Wright Deputy Clerk/ Executive Assistant c Premier Dalton McGuinty Leona Aglukkaq, Federal Minister of Health Deb Matthews; Ontario Minster of Health Christine Elliott; Ontario PC Health Critic France Gelinus, Ontario NDP Health Critic Shields, Debbie cDP_P_. From: O'Donnell, Kristen on behalf of Info Web Email Sent::: 52 May 11, 2011 8:55 AM To: Shields, Debbie Subject: FW: Town of Ajax Resolution re: Transfer of invasive Asian Carp into the Great Lakes Basin Attachments: GLU Letter re Asian Carp.PDF; TRCA Report on Asian Carp - April 29, 2011_1.PDF; Extract of the Minutes of Ajax Council re Asian Carp Resolution from Regional Councillor Colleen Jordan's Report.PDF Debbie, for your information. From: Lorraine Billings [mailto: Lorraine. Billings@Townofajax.com] Sent: May 11, 20118:51 AM To: Info Web Email; info@clarington.net; clerk@durham.ca; services@oshawa.ca; clerks@whibty.ca Subject: Town of Ajax Resolution re: Transfer of invasive Asian Carp into the Great Lakes Basin ORIGINALTO: COPY TO: . tb tt Att: Clerks Department eoR FILE TAKE APR. ACTION I Dear Sir/Madam: fo; ; Please find attached a resolution adopted by Ajax Council on May 9, 2011 respecting the prevention of the transfer of invasive Asian Carp into the Great Lakes Basin via the Chicago Waterway System. The Town's resolution expanded upon reports/recommendations from Great Lakes United and the Toronto and Region Conservation Authority (also attached) - in order to promote: 1) better understanding of predicted adverse impacts on the Canadian portion of the Great Lakes Basin; and 2) the establishment of forums located in Canada for sharing of concerns and progress reports, and discussion of potential solutions prepared by the U.S. Army Corps of Engineers with Canadian citizens, municipalities and other stakeholders on a regular basis. It is respectfully requested that your Council endorse the Town's resolution. Regards, The information in this e-mail and in any attachments is confidential and intended solely for the attention and use of the named addressee(s). This information may be privileged, confidential or otherwise protected from disclosure. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are not authorized to and must not disclose, copy, distribute, or retain this message or any part of it. This e-mail was scanned for viruses and content. 5hplease cnnskllef the tinviionfnent 6~fcre pr';inting teas _mail. 1 53 ~I A *Town Of Extract of the Minutes of Council By the rake May 9, 2011 The following is a recommendation ratified by Council of the Town of Ajax at its regular Meeting of Council held May 9, 2011 Invasive Asian Carp Species in Great Lakes Moved by: C. Jordan Seconded by: P. Brown WHEREAS the transfer of invasive Asian Carp (an aquatic nuisance species) into the Great Lakes poses a significant threat to the health and welfare of Canadians and Americans; and, WHEREAS the U.S. Army Corps of Engineers was authorized by U.S. Congress in 2007 to prevent the movement of aquatics species between the Mississippi River Basin and the Great Lakes Basin; and, WHEREAS, according to a 2009 Risk Assessment conducted by the Canadian Department of Fisheries and Oceans, the time has come to take decisive, co-ordinated actions to protect the Great Lakes from reaching the avoidable, irreversible ecological "tipping point" that is anticipated to result from an Asian Carp invasion; and, WHEREAS a permanent, sustainable solution to the proliferation of Asian Carp in the Great Lakes Basin requires re-establishing the hydrologic separation between the Mississippi River Basin and the Great Lakes Basin in the Greater Chicago area, as confirmed in Resolution 8-2010M approved by the members of the Great Lakes and St. Lawrence Cities Initiative in 2010; and, WHEREAS the complementary "Statement of Unity' respecting Asian Carp approved by the members of the Great Lakes and St. Lawrence Cities Initiative in 2010 established a series of short term (2010), mid term (2011-2012) and long term (2013 and beyond) actions; and, WHEREAS the Statement of Unity did not anticipate the need for and appropriateness of conducting public hearings regarding Asian Carp as an international pollutant under Section 310(a) of the Clean Water Act of the U.S.A. to allow citizens and stakeholders in U.S. and Canadian Great Lakes communities who are concerned about the impact of an Asian Carp invasion to provide comments directly to the U.S. Army Corps of Engineers; and, WHEREAS the above-noted Resolution and Statement of Unity were endorsed as an expression of shared widespread concern about the threats that invasive Asian Carp would pose to ecological conditions, habitat and recreational activities along Great Lakes and St. Lawrence shorelines and tributaries, yet Canadian municipalities, stakeholders and citizens have not been provided with the opportunity to express their concerns directly to the U.S. Army Corps of Engineers, as the U.S. Clean Water Act does not require that public hearings be conducted in Canada or, more specifically, in Ontario and Quebec; NOW THEREFORE BE IT RESOLVED, that the comments and recommendations set out in the Toronto and Region Conservation Authority report entitled "Great Lakes and Mississippi River Interbasin Feasibility Study-Invasive Asian Carp Species", dated April 29, 2011, and the comments of Great Lakes United to the U.S. Army Corps of Engineers (USACE), dated March 31, 2011, regarding the "Great Lakes and Mississippi Interbasin Feasibility Study" be endorsed; BE IT FURTHER RESOLVED, that the members of the Great Lakes-St. Lawrence Cities Initiative, other stakeholders and the public be afforded an opportunity to convey their views about the serious adverse impacts of Asian Carp, on recreational activities and commercial fisheries, as identified by both the Ontario Government and Environment Canada and valued at approximately $400 million CDN per year, and other potentially costly impacts, in a public hearing conducted in Canada forthwith, and that USACE provide regular opportunities for discussion about their progress in public forums, at least two times per year, in Canada; BE IT FINALLY RESOLVED, that this resolution be sent to the Board of Directors of the Great Lakes-St. Lawrence Cities Initiative requesting that said resolution be considered and approved at the Annual General Meeting being held on June 16, 2011 in Niagara Falls, Ontario, Canada and then sent forthwith to the U.S. Department of State with a request that Foreign Affairs host a public hearing in Canada where the U.S. Army Corps of Engineers team would be invited to hear the comments of Canadian municipalities, other stakeholders and members of the public about the impacts of invasive Asian Carp on shared international waters. CARRIED Blair Labelle, Deputy Clerk I D_ Item AUTH7.8 TO: Chair and Members of the Authority Meeting #4/11, April 29, 2011 FROM: Deborah Martin-Downs, Director, Ecology RE: GREAT LAKES AND MISSISSIPPI RIVER INTERBASIN FEASIBILITY STUDY Invasive Asian Carp Species KEY ISSUE Support for comments sent by Great Lakes United to the U.S. Army Corps of Engineers on the Great Lakes and Mississippi River Interbasin Feasibility Study (GLMRIS) to prevent the spread of the invasive Asian carp species between the Great Lakes and Mississippi River. RECOMMENDATION WHEREAS Toronto and Region Conservation (TRCA) objectives for Healthy Rivers and Shorelines and Regional Biodiversity are supported by fisheries management plans that strongly recommend actions to prevent the introduction and spread of aquatic invasive species; AND WHEREAS the Asian carp are aquatic invasive species that pose a threat to the biodiversity and nearshore habitat structure of Lake Ontario and potentially the lower reaches of relatively large river systems within the TRCA jurisdiction, such as the Humber and Rouge Rivers and Duffins Creek; THEREFORE LET IT BE RESOLVED THAT TRCA endorse the comments contained in the letter on the Great Lakes and Mississippi River Interbasin Feasibility Study (GLMRIS), dated March 31, 2011, sent by the Great Lakes United (GLU) to the U.S. Army Corps of Engineers to prevent the spread of Asian carp between the Great Lakes and Mississippi; AND FURTHER THAT staff report back to the Authority with progress on GLMRIS. BACKGROUND TRCA was approached by GLU, an international citizens coalition dedicated to protecting and restoring the Great Lakes-St. Lawrence River Ecosystem, and asked to consider endorse their comment letter as a means of helping to prevent the spread of Asian carp into the Great Lakes and St. Lawrence River. The membership of GLU spans a diverse spectrum of interests, organizations and individuals, including citizens, environmentalists, conservationists, labour unions, First Nations, hunters, anglers, academics, and progressive business and industry. GLU is very concerned about an Asian carp invasion to the international waters of the Great Lakes and St. Lawrence River. One of the most significant opportunities to help stop the Asian carp from spreading is the Great Lakes and Mississippi River Interbasin Feasibility Study. This study was authorized by U.S. Congress in 2007 mandating that the U.S. Army Corps of Engineers (the Corps) determine how to prevent the two-way transfer of invasive fish species through the Chicago area waterways, as well as all the hydrological connections between the Great Lakes and Mississippi River watershed. 54 56 The Corps recently announced Chicago District's Notice of Intent to Prepare a Draft Environmental Impact Statement; Initiate the Public Scoping Period; and host Public Scoping Meetings for the GLMRIS. GLU submitted, in the form of a letter with support from various groups (including TRCA), specific comments meant to improve the GLMRIS and ensure the ecological and economic health of these waters and basins are protected from the impacts of aquatic invasive species. The comments are summarized as: • the need for the Corps to adhere to the U.S. Congressional authority to "prevent" the spread of aquatic invasive species between the Great Lakes and Mississippi River basins and not just "reduce the risk"; • accelerate the timeline for completion of the GLMRIS; • prioritize the Chicago Area Waterway System portion of the GLMRIS; • provide for public comment as the study proceeds; and • conduct a public hearing in Canada. RATIONALE The term "Asian carp" refers to four different species of fish: Bighead, Black, Grass and Silver Carp. The Bighead and Silver Carp are the species closest to invading the Great Lakes from the Chicago area waterways. In 2005, the Ontario Ministry of Natural Resources (OMNR) introduced legislation making it illegal to posses, sell or import live Asian carp. A risk assessment study undertaken by Fisheries and Oceans Canada (DFO) in 2009 concluded that if Asian carp successfully colonized the Great Lakes there is a high probability they would spread across the Great Lakes basin. The study stresses that such an invasion would have a significant impact on the food web and trophic (community) structure of aquatic systems. Furthermore, the Ontario government has stated that if Asian carp enters the Great Lakes there will be serious adverse impacts on Ontario's recreational and commercial fisheries. Environment Canada has made a similar assessment. The various fisheries management plans (FMP) written for watersheds within the TRCA jurisdiction all recognize that aquatic invasive species disrupt the balance of native aquatic communities and are considered one of the most serious threats to biod'iversity. The most recently completed FMP, the Rouge River Watershed Fisheries Management Plan (TRCA and OMNR, 2010), recommends that priority emphasis should be placed on monitoring and preventing the spread of invasive and exotic fish species. To date, the Asian carp species of concern have not been collected by the TRCA regional or waterfront monitoring programs but field crews are alerted to the risk and know to bring such species to the attention of our partner agencies with mandates for fisheries management (i.e. OMNR and DFO). The Toronto and Region Remedial Action Plan (RAP) has identified, as a first priority, the protection of existing fish habitat with a focus on coastal wetlands and nearshore physical habitat (e.g. reefs and spawning shoals). RAP states that protecting these existing habitats can be through the firm and effective enforcement of policies and guidelines, which would include legislation that speaks to preventing invasive species introductions. A secondary priority of RAP is to rehabilitate waterfront areas where habitat potential is very high (e.g. Rouge Marshes and Toronto Island wetlands), areas that are vulnerable to destruction should Asian carp enter the system. Over the recent decades, significant funding has been provided through RAP for extensive habitat rehabilitation along the Toronto waterfront with continued opportunities for future work. In this context, failing to keep Asian carp out of Lake Ontario could be a major setback to achieving RAP and TRCA priorities for fish habitat. 55 57 DETAILS OF WORK TO BE DONE TRCA staff will request to be maintained on the GLU distribution list and be informed of any progress with the GLMRIS and possible public hearings or meetings held in Ontario on the subject of preventing Asian carp entering Lake Ontario and the other Great Lakes. A copy of the GLU comment letter and list of supporters is available upon request. Report prepared by: Christine Tu, extension 5707 Emails: ctu@trca.on.ca For Information contact: Christine Tu, extension 5707 Emails: ctu@trca.on.ca Date: April 11, 2011 56 G *Algonquin Eco Watch*Alliance for the Great Lakes*APT Environment*Atchafalaya Basinkeeper*Barrington Area Conservation Trust*Blanchard River Watershed Partnership*Blue Water Sportfishing Association*Canadian Auto Workers-Windsor Regional Environment Council* Canadian Environmental Law Association* Citizens Concerned for Michipicoten Bay*Clean Water Action*Clean Water Action Alliance of Minnesota*Committee on the Middle Fork Vermilion River*Congregation of St. Joseph*Crop Plus*Duck Creek Watershed Assembly*Ducks Unlimited- Great Lakes/Atlantic Region*Ecojustice*Environment America* Environment Illinois* Environment New York*Environment Ohio* Environmental Defenders of McHenry County*Essex County Field Naturalists' Club*Fish On II Charters*Flint River Watershed Coalition*Forest City Flyfishing Club*Freshwater Future*Friends of Big Creek*Friends of the Mississippi River*Friends of the Salmon River*Friends of Wetlands*Georgian Bay Association* Great Lakes Environmental Law Center*Great Lakes Sport Fishermen*Great Lakes United*Gulf Restoration Network*Indiana Wildlife Federation*lowa Environmental Council*Izaak Walton League of America - Minnesota Division*Izaak Walton League of America - Wisconsin Division*Izaak Walton League of America- A.D. Sutherland Chapter*Izaak Walton League of America- Dwight Lydell Chapter*Izaak Walton League of America- Great Lakes Committee*Izaak Walton League of America- New York State Division*Izaak Walton League of America- Ohio Division*Kalamazoo River Sturgeon for Tomorrow* Kentucky Waterways Alliance*Lake Erie Charter Boat Association* Lake Erie Region Conservancy*Lake Erie Waterkeep er* Lake Ontario Trout & Salmon Association*Land Trust Alliance*London and District Labour Council- Environment Committee*Luna Pier Harbour Club*Michigan Charter Boat Association* Michigan Environmental Council*Michigan United Conservation Clubs*Michigan Wildlife Conservancy*Midwest Environmental Advocates* Milwaukee Riverkeeper*Minnesota B.A.S.S. Federation* Minnesota Center for Environmental Advocacy* Minnesota Trout Association* Minnesota Trout Unlimited*Missouri Coalition for the Environment* National Parks Conservation Association*National Wildlife Federation*Natural Resources Defense Council*Nature Abounds*Nature Center at Shaker Lakes*New York League of Conservation Voters*Ohio Environmental Council*Ontario Shorewalk Association* Ottawa Riverkeeper*Pelican River Watershed District*Pentwater Sportfishing Association* Prairie Rivers Network*Quinte Cons ervation*River Alliance of Wisconsin*River Network*Rock River Coalition *Salmon Unlimited of Illinois*Save Lake Superior Association* Save the Dunes*Save The River*Shaker Lakes Garden Club*Sierra Club Ontario*Sierra Club-Binational Great Lakes Committee* Sisters of St. Francis of Penance and Christian Charity*St. Clair Region Conservation Authority*St. Louis River Alliance*Stray Cat Charter Fishing* Tennessee Clean Water Network* The Lake Huron Centre for Coastal Conservation*Thunder Bay Salmon Association*Tip of the Mitt Watershed Council*Toronto and Region Conservation Authority*Town and Country Resource Conservation and Development*Trollers Unlimited*Upper Peninsula Environmental Coalition*Upper Thames River Conservation Authority*Vera Cruz Yacht Club*Welland River Keepers* Wisconsin Great Lakes Coalition*Wisconsin Lakes *Wisconsin Land & Water Conservation Association* Wisconsin Wildlife Federation* March 31, 2011 Mr. David Wethington U.S. Army Corps of Engineers 111 North Canal Street, 6th Floor Chicago, IL 60606 Re: Notice of Intent to Prepare a Draft Environmental Impact Statement (EIS), Initiate the Public Scoping Period and Host Public Scoping Meetings for the Great Lakes and Mississippi River Interbasin Study (GLMRIS) Dear Mr. Wethington, Please accept these comments submitted on behalf of the following 108 organizations, as well as our hundreds of thousands of members across the Great Lakes, St. Lawrence and Mississippi River basins, in both the United States and Canada, regarding the U.S. Army Corps of Engineers 59 (Corps), Chicago District's Notice of Intent to Prepare a Draft Environmental Impact Statement (EIS), Initiate the Public Scoping Period and Host Public Scoping Meetings for the Great Lakes and Mississippi River Interbasin Study (GLMRIS). We represent environmental, conservation, fishing, boating, labour and religious groups with a shared interest in preventing the ecological and economic harm caused by aquatic invasive species. The undersigned organizations are extremely concerned about an Asian carp invasion to the international waters of the Great Lakes and St. Lawrence River, as well as concerned about the two-way transfer of aquatic invaders between the Mississippi and Great Lakes basins. We are submitting specific recommendations to improve GLMRIS and ensure the ecologic and economic health of these great basins is protected from damaging aquatic nuisance species. Prevent Aquatic Nuisance Species (ANS) Transfer The GLMRIS study was authorized by the U.S. Congress in 2007 to "prevent" rather than "reduce the risk" of aquatic nuisance species movement between the Great Lakes and Mississippi River basin'. In other words, Congress requires the Corps to only be developing solutions that are 100% effective and it is beyond the scope of the Corps' statutory authorization for the GLMRIS study to look at any solutions that would not achieve prevention. We believe the only permanent and sustainable solution to the Asian carp threat to the Great Lakes, and the threat of future movement of invasives, is the hydrologic separation of the Great Lakes and the Mississippi River basin because if water does not flow between the two watersheds, water-based plants, animals and diseases will not be able to migrate actively or passively. The Corps has inappropriately broadened GLMRIS to study "risk reduction" z which is neither what Congress told them to do, nor a credible strategy to prevent ANS movement through the Chicago Area Waterway System (CAWS) or any of the other aquatic connections. Short-term, emergency activities have already been authorized around the CAWS and in Eagle Marsh, Indiana, and funded separately from GLMRIS. We support these emergency activities. However, expanding the scope of GLMRIS to address risk reduction will divert resources from determining how to achieve prevention as fast as possible. Water Resources Development Act of 2007 ("2007 WRDA"), Pub. L. No. 110-114, § 3061(d) (2007) says: (d) Feasibility Study- The Secretary, in consultation with appropriate Federal, State, local, and nongovernmental entities, shall conduct, at Federal expense, a feasibility study of the range of options and technologies available to prevent the spread of aquatic nuisance species between the Great Lakes and Mississippi River Basins through the Chicago Sanitary and Ship Canal and other aquatic pathways z U.S. Army Corps of Engineers ("USAGE"), Project Management Plan: Great Lakes and Mississippi River Basin Interbasin Feasibility Study 1 (2010), and U.S. Army Engineer Division, Great Lakes and Ohio River ("CELRD"), USAGE, Memorandum for Record ¶ 2, dated December 15, 2010, available at: littp://glinris and k;ovidocutnentsldocs/'GLMRIS prevent whi.tepaper.pdf 60 Produce Results Before 2015 The GLMRIS study takes too long. The Chicago portion of the study is not predicted to be complete until mid-2015, over four years from now. Corps staff indicated in at least one public meeting that this official timeline is optimistic and the actual end date is likely to be even later. The Corps should acknowledge the urgency of finding a permanent solution, narrow the scope of investigation to hydrological separation, condense the timeline and produce final results for the Chicago portion of GLMRIS within 18 months rather than mid-2015. Further, additional study requirements in GLMRIS, such as a review of all invasive species that could move between the two basins, should not extend the study timeline and should not influence the mandate to "prevent" aquatic invasive species movement between the two basins. Prioritize Solutions for the Chicago Area The obvious and critical threat of Asian carp establishing in the Great Lakes is a reason for urgent action. The Corps should study and provide a solution for the CAWS as the first priority, and where needed, act on other aquatic pathways, based on the greatest likelihood of invasion. If necessary, the Corps should consider a phased approach to separating the two watersheds, prioritizing measures to prevent Asian carp migration while still taking steps that will lead to permanent prevention of all movement of aquatic nuisance species in both directions. Integrate Relevant Research into GLMRIS In order to accelerate the time frame of the study and save resources, the Corps should not duplicate relevant work thai has already been done or is currently being performed. The Corps should integrate the scientific results from the binational risk assessment of Asian carp being facilitated by the Great Lakes Fishery Commission, and the identification of hydrological separation options being developed by the Great Lakes Commission and the Great Lakes-St. Lawrence Cities Initiative into GLMRIS, after an independent critical review. Provide for Public Review and Input The Corps should create an opportunity for regular discussion forums during which the public can interact with technical staff and consultants for detailed questions and answers on the progress of GLMRIS. We recommend forums held at least two times a year, in addition to the requirements of the NEPA process. Request Hearing in Canada An Asian carp invasion to the Great Lakes is not just a threat to Americans; it presents a serious threat to the health and welfare of Canadians. Approximately 40 percent of the shoreline of the Great Lakes and 36 percent of their waters lie within the boundaries of Ontario, Canada. The majority of the St. Lawrence River basin is in Quebec, Canada. A risk assessment study conducted by the Canadian Department of Fisheries and Oceans concluded that if Asian carp successfully colonize the Great Lakes there is a high probability they would spread across the 61 Great Lakes basin and possibly even through the prairie provinces.3 The study stresses that such an invasion would have a significant impact on the food web and trophic structure of aquatic systems., Furthermore, the Ontario government has stated that if Asian carp enters the Great Lakes there will be serious adverse impacts on Ontario's recreational and commercial fisheries, which are valued at approximately CAD$400 million per year.4 Environment Canada has made a similar assessment.5 In 2010 four not-for profit organizations in Canada requested the U. S. Secretary of State to formally request a public hearing in Canada regarding Asian carp as an international pollution threat, under section 310(a) of the Clean Water Act.6 A response to this petition was never received. The Department of State should request that Foreign Affairs host a public meeting in Canada where the Corps study team would be invited to hear comments from stakeholders in Canada who are concerned with the impact of an Asian carp invasion to shared international waters. In summary, our organizations strongly encourage the Corps to adhere to the Congressional authority to "prevent" the spread of aquatic nuisance species between the Great Lakes and Mississippi River basins and not "reduce the risk"; accelerate the timeline for completion of GLMRIS; prioritize the CAWS portion of GLMRIS; provide for public comment as the study proceeds; and request a hearing in Canada. Thank you for the opportunity to comment, and for seriously engaging in this study, which is critical to the health of the Great Lakes-St. Lawrence River and Mississippi River basins in both the United States and Canada. If you have any questions please do not hesitate to contact Jennifer Nalbone, Director, Navigation and Invasive Species for Great Lakes United at phone: (716) 213-0408 or email: jen ,glu.org. 3 Department of Fisheries and Ocean Canada (Canadian Science Advisory Secretariat), Risk Assessment for Asian Carp in Canada. Department of Fisheries and Ocean Canada., 2009), at 19 - 27. 4 Brief of Amicus Curiae Her Majesty The Queen In Right of Ontario in Support of the State of Michigan's Motion For a Preliminary Injunction (31 December 2009). 5 Environment Canada, Invasive Alien Species of the Month (Environment Canada, undated), available at <http://www.cc.ge.ca/ece-ias/defau.1t.asp?latig=En&n=8E8C2C22-1 6 Petition on behalf of the Waterkeepers Alliance, Great Lakes United, Environmental Defence Canada and Georgian Bay Forever to the U.S. Secretary of State and to the Administrator of the U.S. Environmental Protection Agency concerning s. 310 of the Clean Water Act. May 2010 62 Sincerely, Mike Wilton Darrell Gerber President Program Coordinator Algonquin Eco Watch Clean Water Action Alliance of Minnesota Spring Bay, Ontario POP 2BO Minneapolis, Minnesota 55414 Joel Brammeier Sandra Bales President and CEO Director Alliance for the Great Lakes Committee on the Middle Fork Vermilion River Chicago, Illinois, 60602 Urbana, Illinois 61801 Susan Bryant Joellen Sbrissa Coordinator Peace and Justice Team APT Environment Congregation of St. Joseph Elmira, Ontario N313 1 K9 LaGrange Park, Illinois 60526-1721 Leigh Haynie Diane Holfner Staff Attorney Founder Atchafalaya Basinkeeper Crop Plus Baton Rouge, Louisiana 70806 Portland, New York, 14757 Karen Yancey Glenn Hayden Executive Director Chair Barrington Area Conservation Trust Duck Creek Watershed Assembly Barrington, Illinois 60010 Whitehall, Michigan 49461 Timothy P. Brugeman Becky Humphries President Director Blanchard River Watershed Partnership Ducks Unlimited- Great Lakes/Atlantic Region Findlay Ohio 45840 Ann Arbor, Michigan 48108 Judy Ogden Hugh Wilkins Vice-President Staff Lawyer Blue Water Sportfishing Association Ecojustice Port Huron, Michigan 48061 Toronto, Ontario M4W 3X8 Mark Bartlett Anna Aurilio President Director, Washington DC Office Canadian Auto Workers-Windsor Regional Environment Environment America Council Washington, DC 20003 Windsor, Ontario, N8W 4J1 Max Muller Sarah Miller Program Director Co-ordinator and Water Policy Researcher Environment Illinois Canadian Environmental Law Association Chicago, Illinois 60661 Toronto, Ontario M5V 21_4 Eric Whalen Mark Z. Leschishin Field Organizer President Environment New York Citizens Concerned for Michipicoten Bay New York, New York, 10018 Wawa, Ontario POS IKO Julian Boggs Susan E. Harley, J.D. Program Associate Michigan Policy Director Environment Ohio Clean Water Action Columbus, Ohio 43215 East Lansing, Michigan 48823 Ciynthia Skrukrud Chair, Water Resources Protection Committee Environmental Defenders of McHenry County Woodstock, Illinois 60098 63 Jennifer Nalbone Teresa Austrin Director, Navigation and Invasive Species Treasurer Great Lakes United Essex County Field Naturalists' Club Amherst, New York 14226 Essex County, Ontario N8X 5135 Matt Rota Eddie McMillion Science & Water Policy Director Captain Gulf Restoration Network Fish On II Charters New Orleans, Louisiana 70176 LaSalle, Michigan 48184 Barbara Simpson Rebecca Fedewa Executive Director Executive Director Indiana Wildlife Federation Flint River Watershed Coalition Indianapolis, Indiana 46077 Flint, Michigan 48502 Marian Riggs Gelb Andy Roefs Executive Director Past President Iowa Environmental Council Forest City Flyfishing Club Des Moines, Iowa 50309 London, Ontario N6A 5L7 George Guyant Cheryl Mendoza President Associate Director Izaak Walton League of America - Wisconsin Division Freshwater Future Amherst Jct., Wisconsin 54407-9073 Spring Lake, Michigan 49456 Roland Schmidt Mary Ellen Stasek State Director Chairman Izaak Walton League of America- A.D. Sutherland Chapter Friends of Big Creek Fond du Lac, Wisconsin 54935 Cleveland, Ohio 44109 Robert Stegmier Whitney Clark Conservation Chair Executive Director Izaak Walton League of America- Dwight Lydell Chapter Friends of the Mississippi River Belmont, Michigan 49306 Saint Paul, Minnesota 55101 Jill Crafton Susan Moore Chair President Izaak Walton League of America- Great Lakes Committee Friends of the Salmon River Bloomington, Minnesota 55438-1945 Tamworth, Ontario, KOK 3G0 Conrad Strozik Ray Stewart President President and Director of Communications Izaak Walton League of America- New York State Friends of Wetlands Division Amherst, Ohio 44001-1437 Cazenovia, New York 13035 John Wilson Curt Leitz Chair, Fisheries Committee President Georgian Bay Association Izaak Walton League of America - Minnesota Division Toronto, Ontario M4K 3H3 Duluth, Minnesota 55805 Nick Schroeck James D. Storer Executive Director President Great Lakes Environmental Law Center Izaak Walton League of America- Ohio Division Detroit, Michigan 48202 Willoughby, Ohio 44094 Steve Franke Suzanne Dixon President Board Secretary Great Lakes Sport Fishermen Kalamazoo River Sturgeon for Tomorrow Milwaukee Wisconsin 53203 Fennville, Michigan 49408 64 Judy Petersen Kimberlee Wright Executive Director Executive Director Kentucky Waterways Alliance Midwest Environmental Advocates Louisville, Kentucky 40206 Madison, Wisconsin 53703 Rick Unger Cheryl Nenn President Riverkeeper Lake Erie Charter Boat Association Milwaukee Riverkeeper Cleveland, Ohio 44101 Milwaukee, Wisconsin 53202 Tom Fuhrman Mickey Goetting President Conservation Director Lake Erie Region Conservancy Minnesota B.A.S.S. Federation Erie, PA 16546 Minneapolis, Minnesota 55379 Sandy Bihn Scott Strand Executive Director Executive Director Lake Erie Waterkeeper Minnesota Center for Environmental Advocacy Toledo, Ohio 43618 St. Paul, Minnesota 55101 Patrick J DiNicola Jeffrey S. Broberg Treasure President Lake Ontario Trout & Salmon Association Minnesota Trout Association Getzville, New York 14068 Rochester, Minnesota 55904 Erin Heskett John P. Lenczewski Midwest Director Executive Director Land Trust Alliance Minnesota Trout Unlimited Portage, Michigan 49002 Chanhassen, Minnesota 55317 Jim Mahon Kat Logan Smith Chair Executive Director London and District Labour Council- Environment Missouri Coalition for the Environment Committee St. Louis, Missouri 63130 London, Ontario N613 3P6 Lynn McClure Michael E. Briskey Midwest Regional Director General Manager National Parks Conservation Association Luna Pier Harbour Club Chicago, Illinois 60603 Luna Pier, Michigan 48157 Andy Buchsbaum Captain Denny Grinold Regional Executive Director, Great Lakes Office State and Federal Governmental Affairs National Wildlife Federation Michigan Charter Boat Association Ann Arbor, Michigan 48104 Lansing, Michigan 48908 Thomas Cmar James Clift Midwest Program Attorney Policy Director Natural Resources Defense Council Michigan Environmental Council Chicago, Illinois 60606 Lansing, Michigan 48912 Melinda Hughes-Wert Erin McDonough President Executive Director Nature Abounds Michigan United Conservation Clubs Clearfield, Pennsylvania 16830 Lansing, Michigan 48912 David Wright Dennis Fijalkowski Outreach & Audience Development Executive Director Nature Center at Shaker Lakes Michigan Wildlife Conservancy Cleveland, Ohio 44120 Bath, Michigan 48808 65 Marcia Bystryn Le Lind President President New York League of Conservation Voters Save Lake Superior Association New York, New York 10004 Two Harbors, Minnesota 55616 Keith Dimoff Nicole Kamins Executive Director Executive Director Ohio Environmental Council Save the Dunes Columbus, Ohio 43212 Michigan City, Indiana 46360 Betty Van Osch Jennifer Caddick President Executive Director Ontario Shorewalk Association Save The River Ridgeway, Ontario, Canada LOS 1NO Clayton, NY 13624 Meredith Brown Anne Ginn Riverkeeper President Ottawa Riverkeeper Shaker Lakes Garden Club Ottawa, Ontario K2A OEI Cleveland, Ohio 44118 Tera L. Guetter Mary Muter, Administrator Chair, Great Lakes Section Pelican River Watershed District Sierra Club Ontario Detroit Lakes, Minnesota 56501 King City, Ontario L713 1J9 Ms. Lyn Snider Wayne Howard and Lino Grima President Co-Chairs Pentwater Sportfishing Association Sierra Club-Binational Great Lakes Committee Pentwater, Michigan 49449 Rochester, New York 14623 Glynnis Collins Sister Dorothy Mueller, osf Executive Director Provincial Minister Prairie Rivers Network Sisters of St. Francis of Penance and Christian Charity, Champaign, Illinois 61820 Holy Name Province Stella Niagara, New York 14144 Brad McNevin Regulations Officer/Fisheries Biologist Muriel Andreae Quinte Conservation Biologist Belleville, Ontario K8N 4Z2 St. Clair Region Conservation Authority Strathroy, Ontario N7G 3P9 Denny Caneff Executive Director Julene Boe River Alliance of Wisconsin Executive Director Madison, Wisconsin 53703 St. Louis River Alliance Duluth, Minnesota 55802 Todd Ambs President Captain John Giszczak River Network President Portland, Oregon 97204 Stray Cat Charter Fishing Luna Pier, Michigan 48157 Scott Taylor President Renee Hoyos Rock River Coalition Executive Director Jefferson, Wisconsin 53549 Tennessee Clean Water Network Knoxville, Tennessee 37901 James Nelligan President Geoff Peach Salmon Unlimited of Illinois Coastal Resources Manager Lemont Illinois 60439 The Lake Huron Centre for Coastal Conservation Goderich, Ontario N7A 1P9 66 Doug Lund Cathy Reeves President Aquatic Biology Technician Thunder Bay Salmon Association Upper Thames River Conservation Authority Thunder Bay, Ontario P7E 6K1 London, Ontario N5V 5139 Gail Gruenwald Amy Hueber Executive Director Commodore Emeritus Tip of the Mitt Watershed Council Vera Cruz Yacht Club Petoskey, Michigan 49770 Mexico, New York 13115 Christine Tu David Quinlan Supervisor, Aquatic Systems Vice Chairman Toronto and Region Conservation Authority Welland River Keepers Toronto, Ontario M3N IS4 Welland, Ontario, Canada L3C 4V9 Lisa Conley James Te Selle President President Town and Country Resource Conservation and Wisconsin Great Lakes Coalition Development Oostburg, Wisconsin 53070 Jefferson, Wisconsin 53549 Karen von Huene Emil Liebewein Executive Director President Wisconsin Lakes Trollers Unlimited Madison, Wisconsin 53705 Palos Park, Illinois 60464 Julian Zelazny William Malmsten Executive Director President Wisconsin Land & Water Conservation Association Upper Penninsula Environmental Coalition Madison, Wisconsin 53701 Houghton, Michigan 49931 George Meyer Executive Director Wisconsin Wildlife Federation Madison, Wisconsin, 53717 Cow. as-~ r Toe Corporation of Toe 67 5 of r5tburg Tot ORIGINALTO: COPY TO: CORR TAKE APR. ACT moiC E &C, April 27, 2011 To Whom it May Concern: Re: Nuclear Reactor Program Council, at its meeting held April 18, 2011, passed the following motion: That Council oppose the shipment of radioactive materials from the Canadian Nuclear Safety Commission (CNSC) to ship 16 radioactive steam generators through the Great Lakes to the St. Lawrence Seaway to Sweden; That the resolution be forwarded to County Council for support; And further that the resolution be forwarded to other municipalities in Ontario for support. Your support of this position is appreciated. Should you have any further questions, please do not hesitate to contact me at (519) 736-0012 x 240. Sincerely yours, Charlene Watson Acting EA to the CAO & Clerk cc: Ontario Municipalities Website: www.amherstburg,ce 271 SANDWICH ST SOUTH, AMHERSTBURG, ONTARIO N9V 2A5 Phone: (5191'736-0012 Fax: (519) 735-5403 TTY: 1519} 736-9860 CORP- PICKERI NG Memo. 68 1811 BICENTENNIAL 2011 To: Mayor April 20, 2011 Members of Council From: Marisa Carpino Supervisor, Culture & Recreation Copy: Members, Pickering Museum Village Advisory Committee Regional Councillor - Ward Two Chief Administrative Officer Director, Community Services Division Head, Culture & Recreation Subject: 2011 Annual Work Plan and 2010 Annual Report - File: A-1410-002-11 Please find attached the proposed 2011 Annual Work Plan and 2010 Annual Report as prepared by the Pickering Museum Village Advisory Committee current membership which includes: Laura Drake, Chair Rhonda Lawson, Vice-Chair Bill McLean, Regional Councillor - Ward Two and Council Representative Rose Cowan Karen Chalmers Karen Emmink oRlclrvALTO: Donald Hudson COPYTO:_ Brian James Dragos Nita Paul Savel coR. it, c ` Stuart Suckling TAKE ieii.AcTioP4 ~e Ce t i e a r I r, ~ Thank you. :mc Attachments 69 Pickering Museum Village Advisory Committee Work Plan 2011-12 1. Continue to work on strategic plan: Tourism/Marketing: building awareness and increase revenue Tourism research - complete Visitor Survey Increase special events programming/diversity programming - donations around Founding Family Day Maximize corporate picnics, parties by building picnic shelter (volunteers) Education & Interpretation: broaden program offering - 1810-1920 Temperance House - tie to educational curriculum, training for volunteers Seniors Ed. Program - grant already applied for from CMOG ($800) Collection/Preservation: fully present and preserve the history of Pickering Inventory - GAPS - acquiring and de-accessioning of items Steam Barn - inventory Research grants Foundation funding Community Connections: expand and develop our site to support mandate and improve guest services, use technology to optimum, and engage all sectors Acquire acreage to the west Research and develop a site plan that accommodates the strategic plan Develop longer-term strategy for steam barn collection and activity Recycling on site Website - upgrade, highly interactive and fun Dedicated hardware for inventory and cataloguing Connectivity with city systems and internet a) subcommittees review, plus steam ad hoc - March, collate all ideas b) present rough draft of requests for support for PMV via other departments c) present draft of submission in May and make final submissions to council before being included in city's cultural plan by June 1 70 2. Continue to monitor Building Canada grants projects - chapel, pathways and drainage all to be completed in 2011 plus budget approved capital projects on site 3. Choose projects for staging/and or completion in 2012 budget, and financial assistance from Foundation based on strategic plan 4. Celebrate 2011 Bicentennial of the Township of Pickering - see special events on website Communitv Museums Operating Grant - application needs to be prepared, along with 3 year-assessment of policies and procedures 2011 -Governance* Finance* Community Outreach 2012 - Exhibition, Interpretation, and Education Research Human Resources* 2013 - Collections Physical plant Conservation • * city's responsibility • due date - June 30, 2011 Building Canada Grant and Budget Approved Proiects Chapel - pricing repairs presently, foundation in spring Drainage/pathway - additional $69,500 contribution from PMV Foundation for lighting Blacksmith Shop Roof -to be completed in spring 2011 Picnic Shelter - drawings sent to TRCA for approval Odd Fellows Lighting - Project completed by $10,000 contribution from PMV Foundation) 2 71 Pickering Museum Village Advisory Committee Term End Report - September 30, 2010 1. Capital projects a) Brougham Temperance Hotel - restoration and grand opening b) Log Barn - restoration c) Redman House - Porch d) New well e) Completed Building Canada grants foundations: • log barn, log house, Collins House, Brougham Temperance House • some drainage completed in the area of the septic system f) Village lighting and permanent. drainage, including a drainage to be completed this fall g) Redman House main floor replaced h) Picnic shelter to be finished this fall i) Saw Mill - roof and structure completed, logs gathered for projects and repairs on-site by volunteers j) Installation of stoves for Temperance Hotel and Miller-Cole house to be completed this fall k) Work with staff to determine budget priorities and schedule for continuing upgrades and conservation 2. Collections a) Stoves and furnishings for Brougham Temperance House acquired and prepared for display b) Replacement stove for Miller-Cole House to be installed at the same time as the Temperance House stoves c) Staff prepared exhibit housed in administration building regarding Ashiel Scott and the Rebellion of 1837 with collaboration of U of T's Masters of 1 ,f 2 Museum Studies students, materials supplied by Foundation and Darrell Woodrow displayed his collection of restorations of prison boxes along with our newly acquired `artifact' from our benefactor in Lambton County d) Completed required paperwork regarding acquisitions and de-accessioned items and sent to Council, received MAP (Federal Funds) grant to upgrade IT material to begin formal cataloguing of the collection, inventory and conservation of artifacts on display in houses continue on a daily basis as program demands e) Continued to work on policies and procedures re collections 3. Special Events & Volunteers a) Four members of Pickering Museum Advisory Committee participated in Temperance Hotel training, along with many interpretive, costumed volunteers b) Scheduled calendar of events for Bicentennial, as well as providing support for all special events c) Organized a Vintage Victuals volunteer group to prepare heritage foods d) Volunteers completed renovation of gift shop area to house exhibit space and displays for sales e) Visit to Steam Museum in Puslinch to discuss ideas toward integration of steam/gas collection into museum education programs f) Planning a fun night for volunteers regarding the expanded mandate of Pickering Museum Village which now includes 1890-1920, i.e. ragtime music and literature this fall (2010) 4. Strategic Planning a) Research is completed and writing has begun so that material can be included in 2011 cultural plan for the city, to be completed by new committee b) Re-wrote roles of Pickering Museum Advisory. Committee, and held discussions with the Pickering Museum Village Foundation regarding working terms. Terms to be reviewed by the Pickering Museum Village Foundation and then implemented early in 2011 2 73 c) Monitoring of Durham Tourism plans and working closely with Economic Development at the city d) Actively recruiting a diverse Advisory Committee for next term e) Actively seeking opportunities for professional growth experiences for staff by increasing funding for `museum specific' activities that expand museum experience f) Formed a partnership with Lang Pioneer Museum in Peterborough to share and support each other and have had several visits with both staff and volunteers. September 20, 2010 3 ;Citqo~ Jhij~t~f' . 2-1- t 1 DICKERING MEMO 74 ORIGINALTO: , To: Mayor and COPYTO: April 26, 2011 Members of Council CORR. FILE From: J. Dike, Chair EAPR.ACTION Waterfront Coordinating Committee Copy: Chief Administrative Officer Subject: 2010 Year End Report Directors 2011 Work Plan for Waterfront Coordinating Committee The Waterfront Coordinating Committee is pleased to present this document as an overview of its 2010 Accomplishments and proposed 2011 Workplan as outlined below. 2010 ACCOMPLISHMENTS • The opening of the Western Gateway • Hosted the Great Canadian Trail Adventure in Esplanade Park • Reviewed options with the TRCA for possible future land acquisitions to complete a section of the waterfront Trial between Westshore Blvd. and Marksbury Road. • Reviewed costs for possible Pontoon Boat and related works for providing public crossing of the harbour entrance. • Successful discussions with Region of York regarding the Waterfront Trial enhancements at the Duff in Creek Water Pollution Plant. • Initiated the updating of the Rotary Frenchman's Bay West Park Master Plan • Initiated a cost study regarding the possible repurposing of the Scudellari residence 2011 PROPOSED WORKPLAN 1. Committee Terms of Reference - review content and provide recommendations for changes. 2. Waterfront Trail - review existing trail conditions and provide recommendations for improvements; repairs; and mitigation of other public safety issues. 3. Waterfront Committee Working Groups - as required, establish sub-committees to include stakeholders, public, and other participants for certain projects identified within the 2011 work plan. 4. Frenchman's Bay Harbour Entrance - continue to be involved with the planning, design and implementation of the entrance channel reconstruction and sediment dredging project. 5. Waterfront Shoreline & Beaches - review shoreline and bank erosion as well as condition of beaches and recommend possible remedial works. 6. Pickering Rouge Canoe Club - assist with identifying permanent club house location.,/- 5 7. Frenchman's Bay West Park - continue to participate in the master plan process. 8. Petticoat Creek Conservation Area - investigate opportunity to partner with the TRCA for off season public events within the Conservation Area. 9. Small Boat Launching Facilities - continue to review opportunities and appropriate locations. 10. Millenium Square - identify issues and make recommendations to mitigate. 11. Water Shuttle Service - continue to investigate opportunities to provide linkage between east and west spits. 12. "Pet Friendly" Waterfront - review opportunities for family pet walkers. 13. Goose Control - Review ways to discourage Canada geese from settling in park play areas and walkways, and provide recommendations for a community based goose management program. 14. Great Waterfront Trail Adventure Tour - continue to be involved with the annual Niagara to Quebec bike ride - in conjunction with TRCA & the Town of Ajax 15. Frenchman's Bay Storm Water Master plan - continue to be involved. 16. Duffins Creek Water Pollution Control Plant, Environmental Assessment - continue to be involved 17. Project Funding - review budget and identify potential funding sources for specific projects. 18. Waterfront Trail Enhancements and Linton Farm House upgrades - review progress of work by Region of York and Durham as part of WPCP expansion. 19. Scudelleri Property - Move ahead with initiatives as per the completed Feasibility Study Submitted on behalf of Waterfront Coordinating Committee Current Membership: Jim Dike, Chair Jim Berry, Vice-Chair Kathleen Corcoran Keith Falconer Maureen Robbins Partricia Short-Galle Jean Veronneau Sean Wiley April 26, 2011 Page 2 2010 Year End Report/2011 Work Plan for Waterfront Coordinating Committee Minister Responsible Ministre deleguee aux 7 8r Seniors Affaires des personnes agees 6`h Floor, Frost South 6z Etage, Frost Sud 7 Queen's Park Crescent 7 Queen's Park Crescent Toronto (Ontario) WA tY7 Toronto (Ontario) WA 1Y7 _ y Tel: (416) 325-2338 Tel: (416) 325-2338 CITY + ' ~ ~ 'b~► Fax; (416) 327-4493 Telec: (416) 327-4493 MAY 0 1. 2011 Ontario 3445MC-2011-51 CLERK'S F- RC cogs: 1;760- t 1 April 12, 2011 Dear Friends: Each year, the Government of Ontario celebrates the accomplishments and contributions seniors make to communities across Ontario. This year, the Senior Achievement Award will once again highlight the significant voluntary and professional achievements made by individuals after they have reached the age of 65. encourage you to participate in the 2011 Senior Achievement Award Program by nominating a deserving senior. As Minister Responsible for Seniors, I will join the Honourable David C. Onley, Lieutenant Governor of Ontario, in officially recognizing the award recipients at a ceremony at Queen's Park this fall. Online nomination forms and information outlining details of the program, the selection criteria and the procedures followed are available at: www.ontario.ca/honoursandawards. The deadline date for nomination is June 15, 2011. If you require further information, please contact the Ontario Honours and Awards Secretariat at by telephone at 416-314-7526 or 1-877-832-8622 or (TTY) 416-327-2391. Thank you in advance for taking the time to consider a deserving senior in your community for a Senior Achievement Award nomination. Sincerely, ORIGINAi TC: COPY 14ih\- ccp-,K; Sophia Aggelonitis TA Minister CCU o¢~ I;~I II 77 PAII. C K E R I May 16, 2011 COMMITTEE REPORTS a) Joint Report JT 2011-03 of the Planning & Development Committee and Executive Committee Part "A" Executive Reports Joint Pages White 1. Director, Corporate Services & Treasurer, Report CST 12-11 30 -36 Commodity Price Hedging Agreements Ontario Regulation 291/09, Municipal Act, 2001 Recommendation That Report CST 12-11 of the Director, Corporate Services & Treasurer regarding Commodity Price Hedging be received for information. 2. Director, Corporate Services & Treasurer, Report CST 15-11 37-39 Section 357/358 of the Municipal Act - Adjustment to Taxes Recommendation 1. That Report CST 15-11 of the Director, Corporate Services & Treasurer be received; 2. That the write-offs of taxes as provided under Section 357/358 of the Municipal Act, 2001 be approved; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. 3. Director, Corporate Services & Treasurer, Report CST 16-11 40 - 48 Statement of the Treasurer Respecting 2010 Remuneration and Expenses of Members of Council and Council Appointees to Boards, Agencies and. Other Bodies Recommendation That Report CST 16-11 of the Director, Corporate Services & Treasurer regarding Statement of the Treasurer respecting Remuneration and Expenses of Members of Council and Council Appointees for the year 2010 be received. 73 4. Director, Corporate Services & Treasurer, Report CST 17-11 49 - 53 Formal Quotations - Quarterly Report for Information Recommendation That Report CST 17-11 of the Director, Corporate Services & Treasurer regarding Formal Quotations - Quarterly Report for Information be received for information. 5. Director, Corporate Services & Treasurer, Report CST 18-11 54 - 63 Cash Position Report as at December 31, 2010 Recommendation That report CST 18-11 from the Director, Corporate Services & Treasurer regarding Cash Position as at December 31, 2010 be received for information. 6. Director, Corporate Services & Treasurer, Report CST 19-11 64 - 75 Tender No. T-3-2011 -Supply and Delivery of Computer and Network Equipment Recommendation 1. That Report CST 19-11 regarding the supply and delivery of computer and network equipment as provided for in the approved 2011 Capital and Current Budgets be received; 2. That Tender No. T-3-2011 submitted by Venture Computers for Server Option Model 2 ($8,830), Server Memory ($2,456) and VMware Enterprise Server Software ($5,936) for a total cost of $17,222.00 plus HST be approved; 3. That Tender No. T-3-2011 submitted by Ederick Associates Inc. for PC (Optional Model 2) ($41,841.80) and. SAN Tape Backup ($16,065.89) for a total cost of $57,907.69 plus HST be approved; 4. That Tender No. T-3-2011 submitted by Acrodex Inc for Laptop and Docking Stations for a total cost of $18,661.56 (includes an additional Notebook and Docking Station and Toughbook and Port Replicator) plus HST be approved; 5. That Tender No. T-3-2011 submitted by Conpute for PC Workstations ($5,443.80), ViewSonic LED ($3,769.66) and Cisco Switches ($92,490.38 includes an additional switch) at a total cost of $101,703.84 plus HST be approved; 6. That the total gross project cost of $220,909.45 (HST included) and the total net project cost of $198,935.81 (after HST rebate) be approved; 7. That Council authorizes the Director, Corporate Services & Treasurer to finance the project from the approved Information Technology 2011 Capital and Current Budgets from property taxes; and, 79 8. That the appropriate officials of the City of Pickering be authorized to take necessary action to give effect thereto. 7. Director, Corporate Services & Treasurer, Report CST 20-11 76 - 85 Investment Portfolio Activity for the Year Ended December 31, 2010 Ontario Regulation 292/09 under the Municipal Act, 2001 Recommendation That Report CST 20-11 of the Director, Corporate Services & Treasurer regarding Investment Portfolio Activity for the Year Ended December 31, 2010 be received for information. 8. Director, Corporate Services & Treasurer, Report CS 21-11 86 - 88 2010 Buildinq Permit Stabilization Reserve Fund Recommendation That Report CST 21-10 from the Director, Corporate Services & Treasurer regarding the 2010 Building Permit Stabilization Reserve Fund be received for information. 9. Director, Corporate Services & Treasurer, Report CST 22-11 89 - 95 2011 Tax Rates for all Classes of Property and Final Tax Due Dates for All Realty Tax Classes Except for Commercial Industrial & Multi-Residential Realty Classes Recommendation 1. That Report CST 22-11 of the Director, Corporate Services & Treasurer be received; 2. That the 2011 tax rates for the City of Pickering be approved as contained in Schedule A of the By-law attached hereto; 3. That the tax levy due dates for the Final Billing be June 29, 2011 and September 29, 2011 excluding the industrial, multi-residential and commercial realty tax classes; 4. That the attached By-law providing for the imposition of the tax rates approved under Recommendation 1 and 3 above, be read three times and approved; 5. That the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, including altering due dates, in order to ensure the tax billing process is completed; 6. That the Director, Corporate Services & Treasurer be authorized to make any changes to the final tax rates to comply with Provincial regulations; and, 8 0 7. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. 10. Director, Corporate Services & Treasurer, Report CS 18-11 96 - 106 Tender No. T-4-2011 Asphalt Overlay for Sheppard Avenue, Toy Avenue, Sandy Beach Road and Luna Court Recommendation 1. That Report CS 18-11 of the Director, Community Services regarding the tender for Asphalt Overlay for Sheppard Avenue, Toy Avenue, Sandy Beach Road and Luna Court be received; 2. That Tender No.T-4-2011 submitted by Four Seasons Site Development Limited in the amount of $194,497.63 (HST included) and a net cost of $175,151.14 (net of HST rebate) be approved; 3. That the total gross project cost of $250,850 (HST included), including the tender amount and other associated costs, and the total net project cost of $225,898 (net of HST rebate) be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project as follows: a) the sum of $89,318 be funded from Federal Gas Tax Reserve Fund, as provided for in the 2011 approved Roads Capital Budget for Toy Avenue and Luna Court; b) the sum of $14,533 be funded from Move Ontario Reserve, as provided for in the 2011 Roads Capital Budget for Sandy Beach Road; c) the sum of $20,862 be funded from the Invest in Ontario grant for plantings and associated costs for Sheppard Avenue; d) the sum of $24,185 be funded from Property Taxes, as provided for in the 2011 Roads Capital Budget, which includes an additional $3,718 required for Sandy Beach Road; e) the sum of $77,000 as provided for in the 2011 Roads Capital Budget for Sheppard Avenue from Rosebank Road to Altona Road be financed by the issuance of debentures by the Regional Municipality of Durham over a period not to exceed five (5) years, at a rate to be determined; f) the annual repayment charges in the amount of approximately $18,000 be included in the annual Current Budget for the City of Pickering commencing in 2012, continuing thereafter until the loan is repaid and any financing cost to be paid out of the Current Budget; g) the Director, Corporate Services & Treasurer has updated the City's 2011 Annual Repayment Limit and certified that this loan and the repayment thereof falls within the City's Annual Repayment Limit for the debt and 81 financial obligations, as established by the Province for municipalities in Ontario, and would not cause the City to exceed the updated Limit, and therefore , Ontario Municipal Board approval is not required prior to City Council's authorization; h) the Treasurer is authorized to take any actions necessary in order to effect the foregoing; 5. That the draft by-law attached to this report be enacted; and 6. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto 11. Chief Administrative Officer's Report, CAO 08-11 107-111 Animal Licence Fee Discount - New Residents Recommendation 1. That Report CAO 08-11 requesting a one time licence fee discount for new residents be received. 2. That the request to provide a one time animal licence fee discount for new residents be approved and the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. ~ 8 2 CPIMCKE - Ma y 16, 2011 NEW AND UNFINISHED BUSINESS PAGES 1. Director, Planning & Development, Report PD 15-11 83-114 Building By-law Amendment under the Building Code Act Recommendation That the City's Building By-law 6603/05, which provides for the administration and enforcement of the Building Code Act, 1992 within the City of Pickering, be repealed and replaced with the new City Building By-law, as set out in Attachment 1 to Report PD 15-11. City 4 Report To Council PI ' ERI Report Number: PD 15-11 Date: May 16, 2011 83 From: Neil Carroll Director, Planning & Development Subject: Building By-law Amendment under the Building Code Act Recommendation: That the City's Building By-law 6603/05, which provides for the administration and enforcement of the Building Code Act, 1992 within the City of Pickering, be repealed and replaced with the new City Building By-law, as set out in Attachment 1 to Report PD 15-11. Executive Summary: Due to recent legislative changes to the Building Code and the Building Code Act as well as amendments to the City's Fees By-law, portions of the current Building By-law are out of date. In light of the number of minor revisions throughout the body of the by-law; and for simplicity, this report recommends that the existing City Building By-law be repealed and replaced with the new City Building By-law. Financial Implications: Update to Schedule B - Fees Payable for Building Permits to reflect approved amendments to the Fees By-law. Sustainability Implications: Not applicable Background: Council currently has in place By-law 6603/05, with amendments, which is required to provide for the administration and enforcement of the Building Code Act within the City. This By-law includes several schedules, including one which identifies the building permit fees and other related charges. Recent amendments to the Fees By-law on April 4, 2011, as well as legislative changes to the Building Code Act and Ontario Building Code, require that the respective areas within the By-law be updated to suit. Repo PD 15-11 May 16, 2011 Subject: Building By-law Amendment under the Building Code Act Page 2 The amendments to the Building By-law are primarily of a "house-keeping" nature and include the following highlights: 1. Addition of the definition and provisions for the Building Code legislated authorization of "Alternative Solutions", which supersedes the process for the authorization of "Equivalents". 2. Updates to outdated Building Code references. 3. Addition of provisions for dormant permit applications. 4. Addition of the provision for the certification of house models. 5. Addition of the provision for the reactivation of dormant files. 6. Addition of the provision for a building permit surcharge. 7. Update of Schedule B to reflect the approved amendments to the Fees By-law. Attachment: 1. Recommended amending by-law, reflecting the clarifications indicated. Prepared By: Approved/Endorsed By: Ky Bentley, P. ng. Neil Carr , RPP Chief Building Official Director, Planning & Development KB:jf Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council 2 0l/ Tony Preved 1, P.Eng. Chief Administrative Officer ,85 The Corporation of the City of Pickering By-law No. Being a by-law to provide for the administration and enforcement of the Building Code Act, 1992 within the City of Pickering Whereas Subsection 3(1) of the Building Code Act, 1992, S.O. 1992, chapter 23, provides that the Council of The Corporation of the City of Pickering is responsible for the enforcement of the Building Code Act, 1992 within the City of Pickering; and Whereas Subsection 3(2) of the Building Code Act, 1992 requires that the Council shall appoint a chief building official and such inspectors as are necessary for the enforcement of the Building Code Act, 1992 within the City of Pickering; and Whereas Section 7 of the Building Code Act, 1992 authorizes the Council of a municipality to pass certain By-laws prescribing classes of permits, permit application documents, fees, inspections and other related matters. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: Definitions 1. This By-law may be cited as the Building By-law. 2. (1) In this By-law (a) "Act" means the Building Code Act, 1992, S.O. 1992, chapter 23 as amended; (b) "Alternative Solution" means a substitute for an acceptable solution, proposed by an applicant pursuant to Division A, article 1.2.1.1. of the Ontario Building Code; (c) "as constructed plans" means as constructed plans as defined in the building code; (d) "applicant" means a person who applies for a permit and includes any person authorized by an owner to apply for a permit on the owner's behalf; By-law NO. xxxx/11 4 tfMrf Page 2 86 (e) "architect" means a holder of a licence, a certificate of practice, or a temporary licence under the Architect's Act as defined in the Building Code; (f) "building" means a building as defined in Subsection 1(1) of the Act; (g) "building code" means the regulations made under Section 34 of the Act; (h) "chief building official" means the person appointed by the Council as the chief building official for the purpose of enforcement of the Act or the deputy chief building official acting in the capacity of the chief building official from time-to-time in respect of Section 1.1.(6)(c) of the Act; (i) "construction value means the value prescribed by the chief building official to represent the total value of all work, services and material associated with the construction for which a permit is applied; Q) "Council" means the Council of The Corporation of the City of Pickering; (k) "deficient permit" means a permit in respect of which, (i) an inspection notice or order to comply has been issued by an inspector or, (ii) an inspection required under the building code or this By-law has not been arranged, and six months or more have elapsed after the date the notice was issued or the inspection was required; (1) "deputy chief building official" means the person appointed by the Council as the deputy chief building official for the purpose of enforcement of the Act; (m) "holiday" means days when the offices of the City of Pickering are not open for transaction of business with the public; (n) "inspector" means an inspector listed in Schedule A; (o) "owner" means the registered owner of the land upon which is located, or will be located, the building or part thereof for which an application for a permit is, or has been made; (p) "permit" means permission or authorization given, in writing, by the chief building official; (i) to perform work regulated by the Act or the building code or both; 8 By-law No. xxxx/11 Page 3 (ii) to change the use of a building or part of a building as regulated by the Act or the building code or both, or (iii) to occupy a building or a part thereof; (q) "permit holder" means an owner to whom a permit has been issued, or where a permit has been transferred, the transferee; (r) "professional engineer" means a person who holds a licence or a temporary licence under the Professional Engineer's Act; and (s) "registered code agency," means a person or an entity that has the qualifications and meets the requirements set out in the Act. (2) Any word or term not defined in this By-law shall have the meaning ascribed to it in the Act or the building code. Appointments 3. Each person whose name is set out in Column 2 of Schedule A is hereby appointed to the position set out beside that person's name in Column 1 thereof. Code of Conduct for Building Officials 4. Each person listed in Schedule A shall be governed by the Code of Conduct set out in Schedule D, with respect to exercising powers and performing duties under the Act. Classes of Permits 5. Classes of permits with respect to the construction, demolition, change of use and occupancy of buildings and permit fees shall be as set out in Schedule B. Requirements for Filing Permit Applications 6. (1) To obtain a permit, an applicant shall file a complete application on the form available from the chief building official, or from the Province of Ontario, together with the applicable requirements set out in Subsections (2) to (8). (2) All documents and drawings accompanying an application shall be coordinated with each other and shall be consistent with the description of the proposed work. 8 8 By-law No. xxxx/11 ARMYrr Page 4 Building Permits (3) Every application for a building permit under Subsection 8(1) of the Act shall, (a) identify and describe in detail the work to be done and the existing and proposed use and occupancy of the building, or part thereof, for which the application for a permit is made; (b) be accompanied by the plans, specifications, documents and other information prescribed in Section 7 and Schedule C; and (c) be accompanied by the appropriate fee calculated in accordance with Schedule B. Demolition Permits (4) Every application for a demolition permit under Subsection 8(1) of the Act shall, (a) identify and describe in detail the work to be done and the existing use and occupancy of the building, or part thereof, for which the application for a permit is made, and the proposed use and occupancy of that part of the building, if any, that will remain upon completion of the demolition; (b) be accompanied by the plans, specifications, documents and other information prescribed in Section 7 and Schedule C; (c) be accompanied by the appropriate fee calculated in accordance with Schedule B; and (d) be accompanied by confirmation that, (i) arrangements have been made with the proper authorities for the safe and complete disconnection of all existing water, sewer, gas, electric, telephone and other utilities; and (ii) the owner will comply with the City's property standards by-law at the completion of demolition. Conditional Building Permits (5) Every application for a conditional building permit under Subsection 8(3) of the Act shall, (a) comply with the requirements set out in Subsection 6(3) in this By-law; and (b) be accompanied by, BY-law No. xxxx/11 r. k 9 Page 5 (i) a written statement from the applicant explaining why the applicant believes that unreasonable delays in construction would occur if a conditional building permit is not issued; (ii) a written acknowledgement from the applicant of the necessary approvals which must be obtained in respect of the proposed construction and the time period in which such approvals shall be obtained by the applicant; (iii) a written agreement, in a form provided by the chief building official, executed by the applicant, the owner and such other necessary persons the chief building official determines for the purposes set out in clause 8(3)(c) of the Act; and (iv) the conditional permit fee in accordance with Schedule B. (6) The chief building official is hereby authorized to execute on behalf of The Corporation of the City of Pickering the written agreement referred to in clause 6(5)(b)(iii) as part of the conditional building permit application. Change of Use Permits (7) Every application for a change of use permit under Subsection 10(1) of the Act shall, (a) identify and describe in detail the existing and proposed use and occupancy of the building, or part thereof, for which the application for a permit is made; (b) be accompanied by plans and specifications which show the current and proposed occupancy of all parts of the building and which contain sufficient information to establish compliance with the building code, including, but not necessarily limited to, floor plans and details of wall, ceiling and roof assemblies identifying existing fire resistance ratings and load bearing capacities; (c) be accompanied by the appropriate fee in accordance with Schedule B; and (d) be accompanied by the completed documents prescribed in Schedule C. Occupancy Permits for Unfinished Buildings (8) Every application for authorization to occupy an unfinished building under Division C, article 1.3.3.1.of the building code shall, By-law No. xxxx/11 a , Page 6 g0 (a) identify and describe in detail the occupancy, the date of such occupancy, and the building or part thereof for which the application for a permit is made; (b) be accompanied by plans which show the areas of the proposed occupancy; and (c) be accompanied by the appropriate fee in accordance with Schedule B. Requirements for Plans and Specifications 7. (1) Every applicant shall submit sufficient plans, specifications, documents and other information to enable the chief building official to determine whether the proposed building, construction, demolition or change of use will contravene the Act, the building code or any other applicable law. (2) The chief building official shall determine the plans, specifications, documents and other information required to be submitted with an application in order to deem it complete according to Division C, sentence 1.3.1.3.(5) of the building code, having regard for: (a) the scope of the proposed work; (b) the requirements of the building code, the Act and other applicable law; and (c) the requirements of this Section and Schedule C. (3) Plans, specifications, documents and other information shall be submitted in a permanent medium upon paper or other suitable and durable material and shall contain text that is legible and drawings that are legible, complete, fully dimensioned and to scale. (4) Site plans submitted by an applicant shall, (a) be certified by the Planning & Development Department of the City of Pickering as being in conformity with by-laws passed under Sections 34 and 41 of the Planning Act; and (b) be referenced to a current plan of survey prepared and certified by an Ontario Land Surveyor, and a copy of the survey shall accompany the site plan submission, except where the chief building official waives the requirement to do so. (5) On the completion of the foundation for a detached, semi-detached, triplex, fourplex or townhouse dwelling, the chief building official may require submission of a survey prepared by an Ontario Land Surveyor indicating the location and elevation of the top of the foundation wall, prior to a framing inspection being undertaken. By-law No. xxxx/11 APAM7- Page 7 ~i (6) On the completion of the construction of a building, or part of a building, the chief building official may require submission of a set of plans of the building or part of a building, as constructed, together with a plan of survey prepared and certified by an Ontario Land Surveyor showing the location of the building. Authorization of Alternative Solutions 8. (1) Where the prescriptive requirements or acceptable solutions of Division B of the building code are not met, the chief building official may approve an alternative solution under Division C, Part 2 of the building code. An alternative solution proposal may be requested for a system or building design at the time of permit application, or if a material change is necessary to a plan, specification, document or other information on the basis of which a permit is issued. The applicant, with or without their approved representative, shall submit, (a) a completed "Application for an Alternative Solution" on the form available from the Chief Building Official; (b) a description of the applicable objectives, functional statements and acceptable solutions; (c) a description of the proposed material, system or building design for which authorization is sought; (d) supporting documentation demonstrating that the proposed material, system or building design will provide the level of performance required by the building code; and (e) payment of the required fee as set out in Schedule B. (2) The chief building official or registered code agency may accept or reject any proposed alternative solutions and may impose conditions or limitation on their use. (3) Alternative solutions that are accepted under this section shall be applicable only to the location described in the application, and are not transferable to any other building permit. Incomplete Permit Applications 9. (1) An application shall be deemed not to be complete according to Division C sentence 1.3.1.3.(5) of the building code, where any of the applicable requirements of Section 6 have not been complied with. (2) Except as provided in Subsection 9(3), an application deemed to be incomplete shall not be accepted by the chief building official. By-law No. xxxx/11 Page 8 92 (3) The chief building official may accept an incomplete application where the applicant acknowledges, in writing, that the application is incomplete and waives the time period prescribed in the building code within which a permit must be issued or refused. (4) Where an applicant declares that an application is complete in all respects and complies with the Act, the building code and applicable law, the chief building official shall issue or refuse to issue a permit within the time period prescribed in the building. code. (5) Where an applicant declares that an application is complete in all respects, but the application is determined to be incomplete or does not comply with the Act, the building code or applicable law, an additional fee as prescribed in Schedule B shall be applied to the re-examination of documents required to be submitted by an applicant. Dormant Permit Applications 10. (1) An application for a permit shall be deemed to be dormant where, (a) the application is incomplete according to Section 9 and remains incomplete for five months after it was submitted or; (b) five months have elapsed after the applicant was notified that the proposed building construction, demolition or change of use will not comply with the Act or the building code or will contravene any other applicable law. (2) Where an application is deemed to be dormant, the file will be removed from the active roster and retained until either (a) the applicant has chosen to re-activate the file or; (b) the file has been abandoned Abandoned Permit Applications 11. (1) An application for a permit shall be deemed to have been abandoned by the applicant where, (a) the application is incomplete according to Section 9 and remains incomplete six months after it was submitted; (b) six months have elapsed after the applicant was notified that the proposed building, construction, demolition or change of use will not comply with the Act or the building code or will contravene any other applicable law; or By-law No. xxxx/11 A,,04MOrr Page 9 93 (c) the application is determined to comply with the building code and all applicable law, and six months have elapsed from the date upon which the applicant was notified that a permit was available to be issued. (2) Where an application is deemed abandoned, all submitted plans, specifications and documents shall be disposed of, or upon written request from the applicant, returned to the applicant. Revision to Permits 12. Should a permit holder wish to make any material change to any plan, specification, document or other information on the basis of which the permit was issued, the permit holder shall file an application for a revision to the permit which describes the material changes, and shall pay the fee set out in Schedule B. Transfer of Permits 13. (1) If the owner of the land changes after a permit has been issued, the permit may be transferred to the new owner (the "transferee") of the lands where an application is filed with the City in writing, in accordance with this section. (2) Every application for the transfer of permit shall, (a) include a written statement from the current permit holder authorizing the transfer of the permit to the transferee; (b) include proof of ownership of the lands by the transferee satisfactory to the chief building official; (c) confirm that the work to be done and the existing and proposed use and occupancy of the building or part thereof, for which the application for the transfer of the permit is made, is the same as that identified and 'described on the application of the permit; (d) state the name, address, telephone number of the proposed transferee; (e) state the name, address, telephone number and facsimile number of the proposed designer, architect and/or professional engineer, and their building code qualifications, where they are different from those identified in the application for the permit, and a written confirmation from the designer, architect and/or professional engineer(s), that they have been retained to undertake general review of the construction or demolition where required under the building code; By-law No. xxxx/11 , RY Page 10 94 (f) include, where the proposed transferee is a builder as defined in the Ontario New Home Warranties Plan Act, the proposed transferee's registration number under that Act; (g) be accompanied by the appropriate fee in accordance with Schedule B; and (h) be signed by the proposed transferee who shall certify as to the truth of the contents of the application. (3) Upon the issuance of transfer of a permit to the transferee, the transferee shall be deemed to be the permit holder and the original permit holder shall have no further rights or obligations under the permit save and except for any obligations set out in any agreements entered into for the purposes of clause 8(3)(c) of the Act. Revocation of Permits 14. (1) Prior to revoking a permit, the chief building official shall give written notice of an intention to revoke the permit to the permit holder at the permit holder's address shown on the application or to such other address as the permit holder has provided to the City for that purpose. (2) Following issuance of the notice described in Subsection 14(1), the permit may be revoked immediately or after a period prescribed by the chief building official, and all submitted plans, specifications, documents and other information may be disposed of or, upon written request from the permit holder, returned to the permit holder. (3) Notice under Subsection 14(1) shall be given either personally or by registered mail, and where notice is by registered mail, it shall be deemed to have been given on the fifth day after the day of mailing. Other Fees and Refunds 15. (1) A fee shall be paid with every permit application, calculated in accordance with Schedule B and the fee shall be due and payable, in full, upon the submission of the application for a permit. (2) The minimum fee payable on any application shall be $100.00, unless noted otherwise. (3) Where the amount of a fee to be paid as part of a permit application is based, upon the building category, floor area and/or value of the proposed construction, the chief building official, or a person designated by the chief building official, shall determine the appropriate building category, floor area and/or value, and that determination shall be final. By-law No. xxxx/11 P~_ ym!K7 Page 11 95 (4) Where an application for a permit is subject to additional user fees prescribed by the City, the fees so prescribed shall be paid in addition to the fees set out in Schedule B. Plan Re-examination Fees (5) Where an applicant substantially revises proposed materials, systems or a building design after examination of a previous submission has already been undertaken, a re-examination fee shall apply as set out in Schedule B. Certification of House Models (6) Where an applicant proposes to construct a subdivision based on a pre- determined number of house models, a certification process is available to pre- approve the plans for each house model in advance of filing building permit applications. Every application for the certification of a house model shall, (a) be accompanied by the plans, specifications, documents and other information prescribed in section 7(1) to 7(3) and in accordance with Schedule B or as agreed by the Chief Building Official; (b) be accompanied by the appropriate fee in accordance with Schedule B. Reactivation of Dormant File (7) Where an applicant has chosen to continue with the processing of a dormant permit application, and where the dormant application has not been abandoned, the applicant shall pay the required fee as set out in Schedule B. Building Permit Surcharge (8) Not withstanding the enforcement requirements of the Act, where a permit application has been received, and where construction has commenced in advance of the issuance of a building permit, the applicant shall pay the required surcharge as set out in Schedule B. Additional Inspection Fees (9) An additional inspection fee as set out in Schedule B shall apply and shall be paid prior to each inspection being undertaken on any building where, (a) any of the prescribed notice requirements under the building code or the additional notices required under this By-law have not been complied with by a permit holder; By-law No. xxxx/11 aq~1-4_ r. Page 12 96 (b) more than two inspections are required due to construction being incomplete or not in compliance with the building code; (c) a building is occupied before the notice required under Section 11 of the Act was given to the chief building official; or (d) an inspection is requested to confirm that outstanding items have been completed or corrected in respect of a deficient permit. Fee Refunds (10) If requested, in writing, by an applicant or permit holder, where, (a) an applicant withdraws, in writing, an application for a permit; (b) an application is deemed to have been abandoned in accordance with Section 11; (c) the chief building official refuses to issue a permit for which an application has been made; or (d) the chief building official revokes a permit after it has been issued, the chief building official shall calculate the portion of any fee paid that may be refunded and authorize the payment thereof, based upon the functions undertaken by the City, in accordance with Subsections 15(11) to 15(16). (11) Eighty-five per cent (85%) of the permit fee paid in accordance with Schedule B shall be refunded if only application administrative functions have been performed. (12) Fifty per cent (50%) of the permit fee paid in accordance with Schedule B shall be refunded if, (a) application administrative functions and all or part of plan review functions have been performed; and (b) the permit has not been issued. (13) Twenty-five per cent (25%) of the fee paid in accordance with Schedule B shall be refunded if the permit has been issued. (14) Notwithstanding Subsections 15(10) to 15(13) above, no refund of any portion of the permit fee paid in accordance with Schedule B shall be made if any construction or demolition has commenced. (15) No refund shall be payable where the amount calculated in accordance with this Section is less than $100.00. By-law No. xxxx/11 .4 ROMF7 Page 13 97 (16) Any amount authorized by the chief building official to be refunded shall be paid to the person named on the fee receipt issued by the City upon original payment of the fee, unless that person directs, in writing, that it be refunded to another person. Registered Code Agencies 16. Pursuant to Subsection 4.1(3) of the Act and Division C, Section 3.7 of the building code, the chief building official is authorized to enter into service agreements with registered code agencies and appoint them to perform one or more of the specified functions described in Section 15.15 of the Act. Fences at Construction and Demolition Sites 17. (1) Where, in the opinion of the chief building official or an inspector, a construction or demolition site presents a hazard to the public, the chief building official or inspector may require the owner to erect such fences as the chief building official or inspector deems appropriate to the circumstances. (2) In considering the hazard presented by the construction or demolition site, the necessity for fences and the height and characteristics of such fences, the chief building official or inspector shall have regard for, (a) the proximity of the building site to other occupied buildings; (b) the proximity of the construction or demolition site to lands accessible to the public; (c) the hazards presented by the construction or demolition activities and materials; (d) the feasibility and effectiveness of site fences; and (e) the duration of the hazard. (3) Every fence required by this section shall, (a) be erected so as to fully enclose all areas of the site which present a hazard; (b) create a continuous barrier and be sufficient to deter unauthorized entry; (c) have a height not less than 1.2 metres above grade at any point, unless the chief building official or inspector determines that a greater minimum height is necessary; By-law No. xxxx/11 Page 14 (d) if constructed of plastic mesh, snow fencing or other similar materials, be securely fastened at 200mm o.c. to vertical posts not more than 2.4 metres apart, and to horizontal members or a minimum 11 gauge cable at the top and bottom; and (e) be maintained in a vertical plane and in good repair. Inspection Notices 18. (1) In addition to the notices prescribed by the building code, the permit holder shall also give notice to the chief building official or registered code agency of the following stages of construction: (a) commencement of construction of, (i) masonry fireplaces and masonry chimneys; (ii) factory-built fireplaces and allied chimneys; or (iii) stoves, ranges, space heaters and add-on furnaces using solid fuels and allied chimneys; (b) substantial completion of interior finishes; and/or (c) substantial completion of heating, ventilating, air-conditioning and air- contaminant extraction equipment. (2) A notice required to be given by a permit holder to the chief building official or registered code agency pursuant to Division C, Subsection 1.3.5. of the building code shall be given to the chief building official or registered code agency at least two days in advance of the construction stage in which notice is being given. (3) For the purpose of Subsection 18(2), the term "day" means any Monday, Tuesday, Wednesday, Thursday or Friday other than a holiday. (4) A notice given to the chief building official pursuant to Division C, Subsection 1.3.5. of the building code shall be given in writing to either the chief building official, an inspector or registered code agency and if given to an inspector in accordance with this Section, shall be deemed to have been given to the chief building official. (5) A notice given to the chief building official, inspector, or registered code agency pursuant to Division C, Subsection 1.3.5. of the building code and this Section shall not be effective until actually received by the chief building official, inspector or registered code agency as the case may be. By-law No. xxxx/11 ART 4jr, IV Page 15. 11 Severability 19. Should any provision of this By-law be declared by a court of competent jurisdiction to be invalid it shall not affect the validity of this By-law as a whole or any other part thereof, other than the provision declared to be invalid. Interpretation and Implementation 20. Schedules A, B, C and D attached shall form part of this By-law. 21. Unless otherwise specified, references in this By-law to Sections, Subsections and Schedules are references to Sections, Subsections and Schedules in this By-law. 22. By-law 6603/05 is hereby repealed. By-law read a first, second and third time and finally passed this day of , 2011. David Ryan, Ma 0 Debbie Shields, City Clerk goo Schedule A F Item 1 Column 1 Column 2 1. chief building official Kyle Bentley 2. deputy chief building official/ins ector Brenda Yarush 3. inspector Toby Hill 4. inspector Ian McKinla 5. inspector Albert Alvero 6. inspector Ta for Youn 7. inspector Paul Nishikawa 8. inspector Andras Szon i 9. inspector Matthew Seward 10. inspector Brian Holmes 11. inspector Robert Watson Schedule B - Part B A04cIr luf Fees Payable for Building Permits Item Class of Permit Reference Fee Payable 1. Building Permit 6(3) As calculated based on occupancy in Part B minimum $100.00 $10 for each 100 square metres of 2. Demolition Permit 6(4) floor area or part thereof, minimum $100.00 Conditional Building 10% of applicable building permit fee 3. Permit 6(5) to a maximum of $2500, in addition to a licable fee 4. Change of Use Permit 6(7) $200 5 Occupancy Permit for 6(8) $250.00 Unfinished Building Other Fees Item Type of Fee Reference Fee Payable 1 Alternative Solution 8 $100.00/hr, minimum 4 hrs ($400.00) Application/Evaluation Resubmission of 2. application found to be 9(5) 25% of application fee incomplete 3. Revision to permit 11 $100.00 4. Transfer of permit 12 $100.00 Re-examination $300 plus the fee prescribed in Part B 5. (a) - Change in house 14(5) as a result of any additional area model Re-examination 10% of applicable permit fee to a 5. (b) - other than 5(a) 14(5) maximum of $1000.00 Certification of House $5 for each square metre of floor area 6. Models 14(6) or art thereof 7 Reactivation of 14(7) $100.00 Dormant File Building Permit 25% of application fee, minimum 8. Surcharge 14(8) $100.00 9. Additional Inspection 14(9) $100.00 1 0 7 Schedule B- Part B Fees Payable for Building Permits r Item New Buildings and Additions Fee Payable 1. Assembly Occupancies $12.40 for each square meter of floor area or art thereof. 2. Institutional Occupancies $14.45 for each square metre of floor area or art thereof. 3. Residential Occupancies apartment buildings, hotels, motels, $10.00 for each square metre of floor detached, semi-detached and area or part thereof. townhouse dwellings, & other residential occupancies 4. Business and Personal Service & Mercantile Occupancies single storey buildings $8.25 for each square metre of floor area or part thereof. multiple storey buildings $10.30 for each square metre of floor area or art thereof. 5. Industrial Occupancies farm buildings, unserviced storage $3.60 for each square metre of floor buildings, unfinished basements area or part thereof. Parking garages and other industrial $6.20 for each square metre of floor buildings area or art thereof. Alterations, Repairs and Other Structures 6. Interior Partitioning and Finishing, $2.10 for each square metre of floor including area or part thereof. tenant alterations apartment in houses 7. Minor Residential Structures and $100.00 Alterations, including decks, gazebos (each) incidental partitioning of a basement fireplace, wood stove (each) garage, carport, storage shed (each 50m) water and sewer connection other similar minor projects associated with a residential use Schedule B - Part B 03 .4 ;r Fees Payable for Building Permits Item New Buildings and Additions Fee Payable 8. Minor Non-Residential Structures, $200.00 including school portables (each) temporary prefabricated trailers (each) temporary tent (each) other similar minor structures associated with a non-residential use 9. Temporary Sales Centres $1050.00 10. Alterations, buildings and structures $10.00 for each $1,000 of construction not provided for in Items 1 to 8 value or art thereof. For the proper interpretation and application of this Schedule, see Notes following 10 4 Schedule B - Part B A(;.ff Fees Payable for Building Permits Notes: 1. The following guidelines for calculating floor areas and fees apply to the specific building types and construction indicated. In order to determine the applicable occupancy, recourse shall be had to the building code and its appendices. 2. Floor area shall be measured to the outer face of exterior walls and to the centerline of party walls or demising walls. No deductions shall be made for openings within the floor area (e.g., stairs and stair openings, ducts, elevators, escalators). Floor area shall include all habitable areas, including mezzanines, finished attics and enclosed balconies. (a) Assembly Occupancies: The "Assembly Occupancies" rate shall apply to the total floor area of floors, which are principally of assembly use. Other rates shall be applied to other floors based on the principal use of the total floor area. (b) Institutional Occupancies: The "Institutional Occupancies" rate shall apply to the floor areas of floors, which are principally of institutional use. Other rates shall be applied to other floors based on the principal use of the total floor area. (c) Residential Occupancies: For detached, semi-detached and townhouse dwellings, the floor areas of unfinished basements, attached garages, porches and decks shall not be included in the area calculations, but the fee is inclusive of these areas. For the other residential occupancies, the "Residential Occupancies" rate shall apply to the floor areas of floors, which are principally of residential use. Other rates shall be applied to other floors based on the principal use of the total floor area. (d) Business and Personal Services & Mercantile Occupancies: The "Business and Personal Services & Mercantile Occupancies" rate shall apply to the floor areas of floors, which are principally of business and personal service or mercantile use. Other rates shall be applied to other floors based on the principal use of the total floor area. Schedule B - Part B 105 Fees Payable for Building Permits (e) Industrial Occupancies: Each "Industrial Occupancies" rate includes incidental finished office space to a maximum of 10% of the total floor area. The "Interior Partitioning and Finishing" rate shall be applied where additional finished space is provided. Other rates shall be applied to other floors based on the principal use of the total floor area. 3. "Construction value", as used in Item 10 of Schedule B - Part B, means the value of the proposed construction as determined by the chief building official, whose determination of that value shall be final. 1 0 6 Schedule C- Part A VA Orr Documents & Drawings required for Permit Applications Row Class of Permit Documents and Drawings Required 1(a) Building Permit Documents a Applicable Law Checklist Residential b Acknowledgement of incomplete application - Detached houses C Mechanical Ventilation Design Summary - Semi-detached houses a Regional Municipality of Durham Building - Triplexes Permit for Sewage System - Fou a Regional Municipality of Durham Townhouses houses Residential Development Charges Information Form f School Boards Education Development Charge Information Form g Regional Connection Application for Water/Sewer Drawings a Approved Site Plan b Approved Grading Plan C Architectural Drawings a Structural Drawings e HVAC Drawings 1(b) Building Permit Documents a Applicable Law Checklist Residential as in 1(a) b Acknowledgement of incomplete application - Alterations Regional Municipality of Durham Building - Additions C - Accessory Buildings Permit for Private Sewage System Drawings a Approved Site Plan b Approved Grading Plan (as required) C Architectural Drawings a Structural Drawings e HVAC Drawings Schedule C- Part A 1 0 7 Documents & Drawings required for Permit Applications Row Class of Permit Documents and Drawings Required 2(a) Building Permit Documents a Applicable Law Checklist Non-residential and other b Acknowledgement of incomplete application residential not provided for in C Commitment to General Reviews by row 1(a) or 1(b) Architect & Engineers New Buildings d Ontario Building Code Data Matrix Additions e Land and Building Use Declaration f Flow Control Roof Drainage Declaration g Confirmation of Energy Efficient Design h Regional Municipality of Durham Commercial Development Charges Information form School Board Development Charge Information form 1 Regional Municipality of Durham Building Permit for Private Sewage System Drawings a Approved Site Plan b Approved Grading Plan C Architectural Drawings d Structural Drawings e HVAC Drawings f Plumbing Drawings g Electrical Drawings h Fire Protection Drawings Geotechnical Report Specifications 2(b) Building Permit Documents a Applicable Law Checklist Non-residential and other b Acknowledgement of incomplete application residential as in 2(a)) C Commitment to General Reviews by - Alterations Architect & Engineers - Renovations d Ontario Building Code Data Matrix - Tenant Occupancies Drawings a Location Plan b Architectural Drawings Structural Drawings d HVAC Drawings e Plumbing Drawings f Electrical Drawings g Fire Protection Drawings Schedule C - Part A Documents & Drawings required for Permit Applications Row Class of Permit Documents and Drawings Required 3. Building Permits Documents Other than rows 1(a) to 2(b) a Applicable Law Checklist above b Acknowledgement of incomplete application C Documents from rows 1 a to 2b, or other documents which are applicable to the scope of work proposed Drawings a Drawings from rows 1a to 2b which are applicable to the scope of work proposed 4. Change of Use Permit Documents a Applicable Law Checklist b Acknowledgement of incomplete application Drawings a Location Plan b Architectural Drawings C HVAC Drawings 5. Demolition Permit Documents a Applicable Law Checklist b Acknowledgement of incomplete application C Commitment to General Review by Engineer a Demolition Approvals Drawings a Site Plan Notes: 1. The documents described in this schedule are available from the chief building official. 2. A description of the information required on drawings is contained in Part B of this schedule. 3. The chief building official may waive the requirements for any specified documents or drawings where the scope of the work, applicable law or building code requirements does not necessitate its submission. . ' r _ P"i, S chedule C Part B 109 Information Required on Draw ngs Drawing Class of Permit - Item Type Information Required Part A Row No. 1(a) 1(b)_ 2a 2b 3 4 1. Site Plan a Legal description, survey property lines, property dimensions, compass x x x orientation, location and name of adjacent roads bOutline of all existing and proposed buildings and structures, building x x x dimensions and their distance to property lines c Dimensions and location of parking x and vehicle access and fire routes d Dimensions and location of barrier- free parking, curb cuts, path of travel to building and building access x 2. Grading Plan a Signature and seal of professional engineer, landscape architect or x x Ontario land surveyor b Property lines, easements sidewalks, driveways, building location, curb x x cuts, retaining walls c Location of catch basins, above and below ground utilities, and x x connections to services d Existing and proposed elevations within the site and at property lines, retaining wall elevation, slopes of x driveways, drainage flow and swales 3. Structural a Foundation plans, floor and roof framing plans, footing, column and beam schedules, structural details x x x x and material specifications b Design specifications, live and dead loading, wind and snow loading, earthquake loading, geotechnical x x report design basis c Structural drawings sealed by a professional engineer for all structural elements not within the scope of Part 9 of the building code x x x Schedule C - Part B 1`tiQ , Information Required on Drawings Drawing Class of Permit - Item Type Information Required Part A Row No. 1a 1b) 2(a) I 2b 3 4 d Roof and floor truss drawings sealed by a professional engineer x x x 4. Architectural a Existing plans showing construction and room and space identification of all floors in the area of proposed work x x x x oroccupancy b Plans of all floors including basements complete with all rooms and room names x x x x x c Roof plan showing roof slope, drainage, roof and roofing construction details x x x x d Building elevations showing grade, floor and ceiling heights, overall building height, exterior finish x x x x materials, window heights and sizes and spatial separation requirements e Residential construction details including proposed wall section from footing to roof, specifications of all wall, floor and roof assemblies and all x x x x building materials and construction specifications f Stairs, guards and handrail dimensions and details, window sizes and height above floor level; location x x x x and fuel type of all fireplaces g Mezzanine plan showing construction, guardrails, egress x x h Location and details of barrier free entrances and barrier free washrooms x x ip 1111 Schedule C - Part B L A3 a Information Required on Drawings Drawing Class of Permit- Item Type Information Required Part A Row No. 1 a 1(b 2a 2b 3 4 i Reflected ceiling plans, bulkhead details, horizontal service shaft details x x j Roof equipment screening, anchorage for window washing, roof access x kBuilding cross sections showing grade, floor and ceiling heights, horizontal and vertical fire x x x separations Enlarged sections and detail plans of washrooms and exit stairs x x m Wall sections, plan and section construction details x x n Exit stair enclosure, wall construction details, fire separations and listed design x x numbers, door numbers referenced to a door schedule o Door and hardware schedule, door and frame details, window schedule, room finish schedule x x 5. HVAC a Heating, ventilating and air conditioning plans, service shafts, x x x equipment layout and schedules b Heat loss and gain calculations, x ventilation design summary c Fire damper locations, kitchen exhaust equipment x x x 2 Schedule C - Part B F Information Required on Drawin s Class of Permit - Item Drawing 9 Information Required Part A Row No. 1 a 1(b) 2 a 2(b 3 4 6. Plumbing a Plumbing and drainage plans; location and sizing of under and above ground storm, sanitary and x x water supply piping and appurtenances b Location of firestopping; specifications of plumbing and x x x x firestopping materials 7. Electrical a Electrical supply and distribution plans; location of power and lighting x x outlets; equipment schedules; transformer locations b Location and specification of emergency lighting, emergency x x generators and exit signage 8. Fire a Fire hydrant locations, sprinkler and Protection standpipe distribution plans and schedules; sprinkler head layout; x x fire hose cabinet locations b Location and specification of emergency lighting, emergency generators and exit signage; fire x x alarm system annunciator, diagrams and specifications c Location of smoke alarms and carbon monoxide detectors x x x x Notes 1. Where indicated by an X, the information described is required to be included on the drawings for the class of permit specified. 2. Required information may be located or consolidated on other drawings rather than the drawing specified in this schedule. 3. The chief building official may waive the requirement for any required information specified in this schedule due to limited scope of work, applicable law or building code requirements. 13 Schedule D Code of Conduct for Building Officials Purpose 1. To promote appropriate standards of behaviour and enforcement actions by the chief building official, deputy chief building official and inspectors in the exercise of a power or the performance of a duty under the Building Code Act or the building code. 2. To prevent practices which may constitute an abuse of power, including unethical or illegal practices, by the chief building official, deputy chief building official and inspectors in the exercise of a power or the performance of a duty under the Building Code Act or the building code. 3. To promote appropriate standards of honesty and integrity in the exercise of a power or the performance of a duty under the Building Code Act or the building code by the chief building official, deputy chief building official and inspectors. Enforcement Guidelines The chief building official, deputy chief building official and inspectors appointed in Schedule A shall comply with this code of conduct. Any appointed chief building official, deputy chief building official or inspector who fails to act in accordance with the provisions of this code may be subject to disciplinary action appropriate to the seriousness of the breach. All allegations concerning a breach of this code shall be made in writing. Any person who has reason to believe that this code of conduct has been breached may bring the matter to the attention of the chief building official. Where the allegation concerns the actions of the chief building official, the matter may be brought to the attention of the senior staff person to whom the chief building official reports. Any chief building official or senior staff person who receives a written complaint alleging a significant breach of this code shall investigate the matter, and where appropriate shall commence disciplinary action in accordance with the employment standards of the place of work. All communications received by a chief building official or senior staff person concerning a breach of this code shall be held in confidence. The chief building official or senior staff person shall advise Council in writing about the particulars of the alleged breach, its investigation and the final disposition of the matter upon its conclusion. Schedule D Code of Conduct for Building Officials Code of Conduct In exercising powers and performing duties under the Building Code Act, the chief building official, deputy chief building official and inspectors shall: 1. Exercise powers in accordance with the.provisions of the Building Code Act, the building code and other applicable law that governs the authorization, construction, occupancy and.safety of buildings and designated structures, and the actions, duties and qualifications of chief building officials, deputy chief building officials and inspectors; 2. Act to identify and enforce compliance where significant contraventions of the Act or regulations are known to exist; 3. Apply all relevant building laws, regulations and standards in a consistent and fair manner, independent of any influence by interested parties; 4. Not accept any personal benefit which may create a conflict with their duties; or perform duties where a personal interest may create a conflict; 5. Obtain the counsel of persons with expertise where the chief building official, deputy chief building official or inspector does not possess sufficient knowledge to make an informed judgment; and 6. Act honestly, reasonably and professionally in the discharge of their duties. cLtv O~ iii ► 5 PI CKERII~ May 16, 2011 NOTICE OF MOTION a) Councillor O'Connell and Councillor Ashe gave notice that they will at this meeting of Council be presenting a motion as follows: Communications Tower at 1820 Whites Road WHEREAS On April 18, 2011 the Council for the Corporation of the City of Pickering formally opposed the installation of a communications tower at 1820 Whites Road in the City of Pickering; and WHEREAS hundreds of area residents have signed a petition objecting to the installation of a communications tower at 1820 Whites Road; and WHEREAS the City of Pickering has yet to receive a response from Industry Canada in regards to our request to relocated the proposed communications tower at 1820 Whites Road to a more appropriate location outside of a residential neighbourhood; NOW THEREFORE BE IT RESOLVED the Council for the Corporation of the City of Pickering requests Industry Canada to immediately retract any approvals that have been granted and instruct the owners of the property at 1820 Whites Road to stop any further construction. AND THAT the Government of Canada be requested to commence discussions with the City of Pickering to establish criteria based on mutual respect for all matters pertaining to land use in the City of Pickering. AND THAT Industry Canada further be advised that unless such confirmation is received by May 31, 2011 that the City of Pickering will initiate an application to the Courts to seek an injunction under Industry Canada's Radiocommunication and Broadcasting Antenna Systems Section 6 (Exclusions) regarding individual circumstances and the proximity to neighbouring residents. AND THAT a copy of this resolution be sent to Durham Regional Council, Corneliu Chisu, MP Elect for Pickering/Scarborough East, Chris Alexander, MP Elect Ajax Pickering, the Honourable Tony Clement, Minister of Industry and the Honourable Gary Goodyear, Minister of State (Science and Technology). City Oo 1 6 PICKERIN May 16, 2011 By-laws 7135/11 Being a by-law to appoint By-law Enforcement Officers for the purpose of enforcing parking restrictions on private property. (By- law attached) 7136/11 Being a by-law to dedicate certain roads within the City of Pickering, Regional Municipality of Durham as public highway. (By-law attached) 7137/11 Being a by-law to provide for the administration and enforcement of the Building Code Act, 1992 within the City of Pickering. [Refer to New and Unfinished Business Pages 85-114] 7138/11 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 2498/87, By-law 2923/88 and By-law 6128/03, to implement the Official Plan of the City of Pickering in the Region of Durham, Range 3 B.F.C. Part Lot 25, 26 Now RP 40R-1090 Part 14, 15, 17 and Part Road Allowance between Range 3 B.F.C. & Concession 1 Now RP 40R-11222 Part 3, 4 and Concession 1 Part Lot 25, 26, City of Pickering (A 10/10) (By-law attached) 7139/11 Being a by-law to adopt the estimates of all sums required to be raised by taxation for the year 2011 and to establish the Tax Rates necessary to raise such sums and establish the final due dates for the residential, pipeline, farm and managed forest realty tax classes. [Refer to Joint Planning & Development and Executive Committee pages 93-95] 7140/11 Being a by-law to authorize the Asphalt Overlay for Sheppard Avenue, from Rosebank Road to Altona Road in the City of Pickering and the issuance of debentures therefor in the amount of $77,000. [Refer to Joint Planning & Development and Executive Committee pages 105 - 106] The Corporation of the City of Pickering 117 By-Law No. 7135/11 Being a by-law to appoint By-law Enforcement Officers for the Pyrpese Enforcing Parking Restrictions on Private Property WHEREAS pursuant to section 15(I) of the Police Services Act, R.S.O. 1990, c.P.15, as amended, a municipal council may appoint persons to enforce the by-laws of the municipality; and WHEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement officers are peace officers for the purpose of enforcing municipal by-laws; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. That the following people be hereby appointed as municipal law enforcement officers in and for the City of Pickering in order to ascertain whether the provisions of By-law 2359/87 are obeyed and to enforce or carry into effect the said By-law and are hereby authorized to enter at all reasonable times upon lands municipally known as: a) 1899 Brock Road Andrew Stewart Omar Ahmed Lascelles McLean Oral Isaacs b) 1865 & 1875 Glenanna Road, 1800 & 1850 Valley Farm Road, and 1480 Pickering Parkway Ryan Cohen Jason Hobbs c) 1822 Whites Road Robert Hatch Cindy Scott Marilyn Hall 2. The authority granted in section 1 hereto is specifically limited to that set out in section 1, and shall not be deemed, at any time, to exceed the authority set out in section 1. 3. This appointment shall expire upon the persons listed in section 1a) ceasing to be an employee of Wincon Security & Investigation Services or upon Wincon Security & Investigation Services ceasing to be agents for 1899 Brock Road; b) ceasing to be an employee of Capreit Property or upon Capreit Property ceasing to be agents for 1865 & 1875 Glenanna Road, 1800 & 1850 Valley Farm Road 1 8 By-law No. 7135/11 Page 2 and 1480 Pickering Parkway; and c) ceasing to be an employee of P.R.O. Security & Investigation Agency Inc. or upon P.R.O. Security & Investigation Agency Inc. ceasing to be agents for 1822 Whites Road, whichever shall occur first. 4. The provisions of this by-law shall come into force and take effect on the day of the final passing thereof. By-law read a first, second and third time and finally passed this 16th day of May, 2011. David Ryan, Mayor Debbie Shields, City Clerk 1 19 PICKERING Memo 1811 BICENTENNIAL 2011 To: Debbie Shields April 20, 2011 City Clerk From: Denise Bye Supervisor, Property & Development Services Copy: Director, Community Services Director, Planning & Development Division Head, Engineering Services Manager, Development Control Subject: Request for Road Dedication By-law William Jackson Drive, Pickering File: Roadded.526 On September 17, 2007, Council passed Resolution 17/07 authorizing staff to initiate the process of changing the name of (Old) Taunton Road east of Brock Road to William Jackson Drive. The process included contacting the owners fronting (Old) Taunton Road to advise them of the City's intent to change the street name and to seek their comments. All owners indicated that they had no objection to the name change. On April 20, 2009, Council enacted By-law 6940/09 authorizing the renaming of (Old) Taunton Road to William Jackson Drive, however the by-law could not be registered (formally effecting the name change) until such time as the City acquired the most easterly section of (Old) Taunton Road (Parts 1 to 5, Plan 40R-15548) which lands were still in the ownership of ORC. On March 29, 2011 the City acquired Parts 1 to 5, Plan 40R-15548, and on April 14, 2011, the name change by-law was registered as Instrument DR983442. As the name change by-law has now been registered, it is now appropriate to formally dedicate William Jackson Drive as a public highway within the City of Pickering. Attached are a location map and a draft by-law for the consideration of City Council at its meeting scheduled for May 16, 2011. DB:bg Attachments 120 IF Al m aVD TAUNrON '1O 90 a~ Parts 1-5 40R-15548 WILLIAM JACKSO DIVE Y O C 3 F City of Pickering Planning & Development Department PROPERTY DESCRIPTION Dedication of William Jackson Drive w OWNER City of Pickering DATE APR. 15, 2011 DRAWN BY JB FILE No. Roadded. 526 p SCALE N.T.S. CHECKED BY DB 20066 GIPAC o G1oRS I.u II n NI uA P' ht. R ~.rvb Not a -I n of S. Plan of .urv.,.. PN-15 The Corporation of the City of Pickering 121 By-law No. Being a by-law to dedicate certain roads within the City of Pickering, Regional Municipality of Durham, as public highway. Whereas The Corporation of the City of Pickering is the owner of certain lands lying within Pickering and wishes to dedicate them as public highway. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Regional Road #4, being part of Lots 17 and 18, Concession 3, Pickering as in Highway Plan 538 and part of Lot 17, Concession 3, Pickering as in C0212542 and C0213985, save and except Parts 1 and 2, Plan 40R-24188, is hereby dedicated as public highway (William Jackson Drive). 2. Part of Lot 16, Concession 3, Pickering, part of Lot 16, Concession 4, Pickering and part of the Road Allowance between Concessions 3 and 4, Pickering, designated as Part 1, Plan 40R-23354, is hereby dedicated as public highway (William Jackson Drive). 3. Part of Lot 16, Concession 3, Pickering, designated as Parts 1 to 5, Plan 40R-15548, is hereby dedicated as public highway (William Jackson Drive). By-law read a first, second and third time and finally passed this 16th day of May, 2011. David Ryan, Mayor Debbie Shields, City Clerk Roadded.526 1,2-x" 0`~. PICKERING Memo 1811 BICENTENNIAL 2011 To: Debbie Shields May 11, 2011 City Clerk From: Isa James Planner II Copy: Manager, Development Review & Urban Design Subject: Amending Zoning By-law for 980 - 984 Kingston Road Range 3 B.F.C. Part Lot 25, 26 Now RP 40R-1090 Part 14,15, 17 and Part Road Allowance between Range 3 B.F.C. & Concession 1 Now RP 40R-11222 Part 3, 4 and Concession 1 Part Lot 25, 26) City of Pickering Amending By-law #7138/11 Statutory Public Meeting Date February 7, 2011 Planning & Development Committee Date April 11, 2011 Purpose and Effect of By-law To permit a place of religious assembly, a day nursery and limited additional commercial uses in two buildings existing on the subject lands. Council Meeting Date Meeting scheduled for May 16, 2011 Note Following the Planning & Development Committee meeting, the applicant's consultant This memo is to be a part of the May 16, 2011 filed a Record of Site Condition with the Ministry Council Meeting Agenda. of the Environment to the satisfaction of the Region of Durham allowing staff to remove the associated "(H)" holding provision from the draft by-law. IJ:jf 1: App ZoningW 10-10 980 Kingston%14 -Memo Clerk Draft By-law Chart (Bicent. Logo).tloc Attachment By-law text The Corporation of the City of Pickering 123 By-law No. 7138/11 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 2498/87, By-law 2923/88 and By-law 6128/03, to implement the Official Plan of the City of Pickering in the Region of Durham, Range 3 B.F.C. Part Lot 25, 26 Now RP 40R-1090 Part 14, 15, 17 and Part Road Allowance between Range 3 B.F.C. & Concession 1 Now RP 40R-11222 Part 3, 4 and Concession 1 Part Lot 25, 26, City of Pickering. (A 10/10) Whereas the Council of The Corporation of the City of Pickering deems it desirable to amend the existing zoning of the subject lands to amend a "SC-26" zone in order to permit a place of religious assembly, a day nursery, and a commercial school within the existing buildings on the subject lands being Range 3 B.F.C. Part Lot 25, 26 Now RP 40R-1090 Part 14, 15, 17 and Part Road Allowance between Range 3 B.F.C. & Concession 1 Now RP 40R-11222 Part 3, 4 and Concession 1 Part Lot 25, 26, in the City of Pickering; And whereas an amendment to By-law 3036, as amended by By-law 2498/87 and By-law 2923/88, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule Amendment Schedule "I" to By-law 2498/87 as amended by By-law 2923/88, is hereby amended by showing the existing buildings "Building 'A"' and "Building 'B"' on the lands zoned "SC-26", and by replacing an easterly portion of the zoning category "SC-26" with zoning category "OS-HL". 2. Text Amendment (1) Section 4. - Definitions of By-law 2498/87 as amended by By-law 2923/88, is hereby amended by deleting subsection (1) being the definition of Assembly Hall: (2) Section 4. Definitions of By-law 2498/87 as amended by By-law 2923/88, is hereby amended by adding the following definitions and re-numbering the subsections (1) to (29): (2) "Body Rub Parlour" shall mean any premises or part thereof where a body rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body rubs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; By-law 7138/11 Page 2 1 ~4 (14) "Neighbourhood Store shall mean a retail store in which food, drugs, periodicals, or similar items of day-to-day household necessity are kept for retail sale primarily to residents of, or persons employed in the immediate neighbourhood; (18) "Place of Religious Assembly" shall mean lands or premises where people assemble for worship, counseling, educational, contemplative or other purpose of a religious nature, which may include social, recreational, and charitable activities, and offices for the administration thereof; (3) Clause 5.(4)(a) Uses Permitted is hereby repealed and replaced by the following clause: 5.(4)(a) Uses Permitted ("SC-26" Zone) (i) No person shall within the lands designated "SC-26" on Schedule "I hereto undertake any use for any purpose except as follows: A. business office B. commercial school C. day nursery D. financial institution E. place of religious assembly F. professional office (4) Subclause 5.(4)(b)(iv). Parking Requirements is hereby repealed and replaced by the following subclause: 5.(4)(b)(iv) Parking Requirements: A For the purpose of this subclause "parking space" shall mean a useable and accessible area of not less than 2.6 metres in width and 5.3 metres in length for the temporary parking of a vehicle, but shall not include any portion of a parking aisle or driveway; B There shall be provided and maintained on the lands designated "SC-26° on Schedule "I" a minimum of 260 parking spaces; C Sections 5.21.2a) and 5.21.2b) of By-law 3036, as amended, shall not apply to the lands designated "SC-26" on Schedule "I" attached hereto; D All parking areas shall be set back a minimum of 3.0 metres from all road allowances; By-law 7138/11 Page 3 E Despite Section 5.21.2g) of By-law 3036, as amended, 125 all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. (5) Subclause 5.(4)(b)(v) Special Provisions is hereby repealed and replaced with the following subclause: 5.(4)(b)(v) Special Provisions A One place of religious assembly shall be permitted and shall only occur in the easterly building existing as of the day of the passing of this by-law and as shown as Building 'B' on Schedule "I" to this by-law, and shall not exceed a maximum gross floor area of 1,075 square metres. B Uses accessory to the place of religious assembly use shall be permitted in the westerly building existing as of the day of the passing of this by-law and as shown as Building 'A' on Schedule "I" to this by-law. C One day nursery shall be permitted and shall only occur in the westerly building existing as of the day of the passing of this by-law and as shown as Building 'A' on Schedule "I" to this by-law, and shall be restricted to a maximum of 54 children and shall not exceed 465 square metres in size. D Building 'A' shall not exceed a maximum gross floor area of 1,175 square metres. (6) Section 5 Provisions is hereby amended by adding a new subsection 5.(6) as follows: 5.(6) Provisions ("OS-HL" Zone) (6)(a) Uses Permitted ("OS-HL" Zone) No person shall within the lands designated "OS-HL" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) preservation and conservation of the natural environment, soil and wildlife; and (ii) resource management. By-law 7138/11 Page 4 126 (6)(b) Zone Re quirements ("OS-HL" Zone) No buildings or structures shall be permitted to be erected, nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes of flood and erosion control, resource management, or pedestrian trail and walkway purposes. 3. By-law 3036 By-law 3036, as amended by By-law 2498/87 and By-law 2923/88 and By-law 6128/03 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Sections 1 and 2 above. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. 4. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law read a first, second and third time and finally passed this 16th day of May, 2011. David Ryan, Mayor Debbie Shields, City Clerk 1~7 0 a 0 CANADIAN NATIONAL RAILWAYS OS-HL PLAN iosi (H)SC-36 s+m Op0 117 R 3 SC-26 R K114GSJOC' Z 72.4m BUILDING 'B' -12 ~ BUILDING W a ono k SC yo 7 675- 2 HIGHWAY NO. 401 HIGHWAY NO. N SCHEDULE I TO BY-LAW 2498/87 PASSED THIS 15TH Amended by By-Law 2923/88 DUNE & By-Law 6128/03 DAY OF 1988 Further Amended by By-Law 7138/11 SIGNED MAYOR SIGNED CLERK C1 o¢~ Minutes / Meeting Summary Accessibility Advisory Committee Wednesday, March 23, 2011 I I ERING 7'00 pm Tower Meeting Room Attendees: Keith Falconer, Chair Terence Arvisais, Vice Chair Councillor O'Connell Don Tierney Stephen Little Aisha Heywood Sue Wilkinson Don Dorward Donna Manning Prem Noronha-Waldriff Absent: Tanya Logan Jacob Yacoumidis Ida Fogo Lisa Harker, Recording Secretary Item/ Details & Discussion & Conclusion Action Items/Status Ref # (summary of discussion) (include deadline as appropriate) 1. Welcome Keith welcomed all members. 2. Adoption of Minutes: March 2, 2011 Moved: Sue W. Second: Terry A. Carried 3. Accessible Taxicabs in the City of Pickering. Kevin Narraway, Municipal Law Enforcement Officer spoke to the committee with regards to Accessible Taxicab service in the city. • The City currently licenses 3 accessible taxicabs • Taxicab industry has put 2 additional taxicabs. into service for a total of 5. • This represents 1:19,000 residents currently. He distributed a brief survey for members to complete: 1. Do you use accessible taxicabs? 2. Do you find the current service acceptable? 3. Do you find the wait times acceptable? Page 1 CORP0228-2/02 4. Should the number of licensed taxicabs be increased? 5. What barriers present a barrier to on-demand accessible taxicab service? He thanked the Committee for their input. 4. Accessibility Awareness Event: Nov. 5/11 Prem confirmed details for the 1 st Accessibility Awareness Prem / Jody Morris to Event: meet with PTC to Date: Sat. Nov. 5, 2011 confirm details of Time: 11 am - 3 pm event. Location: Pickering Town Center Committee to confirm Event to coincide with the 25th Rick Hanson Anniversary Relay. speaker / display line Rick Hanson is expected to make a brief appearance at the up. event. For full details on the Rick Hansen relay, google: Rick Hansen 25th Anniversary Relay Prem to confirm event budget / provide to Event to include speakers / performers / displays Councillor O'Connell for sponsorship Line up to include: opportunities. 1. Mayor, council 2. Lieutenant Governor David C. Onley 3. Rick Hansen 4. Performers, looking at musician Justin Hines 5. Robert Pio Hajjar - motivational speaker - google idealway for more information. 6. Lions Foundation of Canada, guide dog demo 7. Durham Regional Police - speaking about the DRP Children's Games 5. 2011 Work' Plan Committee discussed various items as brought forward by Stephen Little and Sue Wilkinson: 1. Understand how the City Works: - Review accessible parking by laws and other appropriate AAC to review with by by laws that impact persons with a disability / law staff. accessibility in Pickering - Develop / or change the present standard for curb cuts AAC to review with - Construction practices regulated / purchased by the City Operations staff. (sidewalks / standards / by laws / snow clearing) - Review site plan checklist and standards associated with AAC to meet with Tyler currently being developed by City Planning staff. Barnett to review 2. Understand more about residents with disabilities, and where the live: Page 2 CORP0228-2/02 Create a survey to obtain feedback from the Pickering Sue Wilkinson to Community on how accessible Pickering is, and what are develop survey for the issues they face. AAC review. Prem to work with IT to put online. Coordinate an Accessibility Awareness Day Nov 5, 2011 at the PTC Complete a physical inventory of Pickering to assist Council in identifying specific areas/issues that need to be addressed within the physical / built environment. - Review of strip malls in Pickering - identify deficiencies and cost to make accessible. Develop rating system for restaurants etc Each member of the AAC to adopt a disability and develop an expertise in said disability to better represent each group. Set up display at various City special events this summer Canada Day, Waterfront Concerts - at Millennium Square and in Esplanade 3. Generate discussion on issues and solutions: Build partnerships with other AAC's in Durham, to better AAC to attend understand common issues, and learn from their Regional Forum on successes while utilizing successful approaches to May 30th accessibility issues. Organize an access challenge with the new council Prioritize on the basis of where people actually live Go to Council more often to keep Accessibility front and center. 7. Other Business - No response from invitation to Durham Deaf Association to attend ACC meeting and give a presentation. Councillor O'Connell spoke to Regional resolution to the Province to include persons with disabilities in its time of day electricity pricing. AAC to send same resolution to Pickering Council for endorsement. Councillor O'Connell provided brief overview of the new pedestrian bridge - bridge was connected but had no elevator - has now so more accessible. Keith Falconer advised that Gwelda MacDonald Page 3 CORP0228-2/02 Tuttle has resigned from the AAC, and thanked her for her contributions. AAC name tags were distributed. Don Dorward did not receive. Meeting Adjourned: 8:57 pm Copy: City Clerk Page 4 CORP0228-2/02 Ci o Committee of Adjustment l Meeting Minutes Wednesday, March 23, 2011 7:00 pm rL 1 Main Committee Room Present: RECEIVED CITY OF PICKERING Tom Copeland APR 15 2011 David Johnson Bill Utton CLERIC'S OFFICE Shirley Van Steen Also Present: Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Mila Yeung, Assistant Secretary-Treasurer Absent: Eric Newton (1) Adoption of Agenda Moved by Bill Utton Seconded by Shirley Van Steen That the agenda for the Wednesday, March 23, 2011 meeting be adopted. Carried Unanimously (II) Adoption of Minutes Moved by Bill Utton Seconded by Tom Copeland That the minutes of the 3rd meeting of the Committee of Adjustment held Wednesday, March 2, 2011 be adopted. Carried 1 C~ v Committee of Adjustment Meeting Minutes Wednesday, March 23, 2011 P r_q= 7:00 pm Main Committee Room (III) Reports 1. P/CA 07/11 & P/CA 08/11 - W. Jeschke 1449 Old Forest Road (Part Lot 59, Lot 60, Plan 816, Part 1, 40R-7048 City of Pickering The applicant requests relief from Zoning By-law 3036 to permit a lot frontage of 14.7 metres (P/CA 07/11) and a lot frontage of 14.8 metres (P/CA 08/11), whereas the by-law requires a minimum lot frontage of 15.0 metres. The applicant requests approval of these variances in order to finalize a land severance application and to obtain building permits. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Control Manager expressing no comments. Wilhelm Jeschke, owner, and Joe Hughes, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 07/11 & P/CA 08/11 by W. Jeschke, be Approved on the grounds that the lot frontage of 14.7 metres and 14.8 metres are minor variances that are desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed severed properties, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the owner receives final approval for land severance applications LD 001/11 and LD 002/11 or this decision shall be null and void. Carried Unanimously 2 Committee of Adjustment Meeting Minutes Wednesday, March 23, 2011 PJr-IT= 7:00 pm Main Committee Room 2. P/CA 09/11 - C. Daniell 1979 Woodview Avenue (North Part Lot 18, Plan 329) City of Pickering That the applicant requests relief from Zoning By-law 3036, as amended by By-law 3537/05 and 7060/10 to permit a lot area of 440 square metres, whereas the by-law requires a minimum lot area of 460 square metres. The applicant requests approval of this variance in order to finalize Land Division applications (LD 122/10, LD 123/10, LD 124/10) for the creation of four residential lots on Woodview Avenue. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were received from the City's Development Control Manager expressing no comments. Written comments were also received from Toronto and Region Conservation Authority expressing no objection to the application and indicated the proposed minor variance will facilitate the protection of the adjacent wetland complex by allowing the proposed Lot 4 to be configured in such a way it will provide an appropriate environmental buffer from the wetland. Gary Daniell, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 09/11 by C. Daniell, be Approved on the grounds that the lot area of 440 square metres is a minor variance that is desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance apply only to the proposed lot as generally sited and outlined on the applicant's submitted plans with this application. 3 Committee of Adjustment Meeting Minutes ` Wednesday, March 23, 2011 7:00 pm Main Committee Room 2. That the owner receives final approval for Land Division applications LD 122/10, LD 123/10 and LD 124/10 or this decision shall become null and void. Carried Unanimously 3. P/CA 10/11 - T. Kerr 1731 Spruce Hill Road Part Lot 30, Plan 820, Part 1, 40R-9425) City of Pickering The applicant requests relief from Zoning By-law 3036 to permit an existing north side yard width of 0.3 metre and a proposed south side yard width of 1.0 metre to a proposed addition onto the detached dwelling, whereas the by-law requires a minimum side yard width of 1.8 metres. The applicant requests approval of this variance in order to obtain a building permit. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval for the existing north side yard width subject to conditions and refusal for the proposed south side yard width. Written comments were also received from the City's Chief Building Official expressing several concerns with the application; the appropriateness, feasibility and practicality of saving the south wall of the existing one storey garage through underpinning of the south wall to suit the proposed rear basement, the proximity of the neighbouring building and the potential of undermining adjacent foundations, a professional engineer must be retained to address all building design and construction which exceeds the scope of Part 9 of the Ontario Building Code and the applicant should provide full details regarding the existing site conditions and the proposed construction procedures where adjacent properties may be impacted. In the absence of this information, it would be inadvisable to approve this application for a building permit or a minor variance. Tom Kerr, owner, and Kevin Washington, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. 4 Ci D~ Committee of Adjustment Meeting Minutes - Wednesday, March 23, 2011 7:00 pm Main Committee Room Kevin Washington presented pictures for the Committee Members to review and explained the application. In response to questions from Committee Members, Kevin Washington explained the existing south wall of the garage will be maintained for the proposed addition and indicated if the garage was completely demolished there would be an extra expense, there is a full basement in the garage, will be using the existing garage foundation for the proposed addition and the owners would like to start construction as soon as possible Moved by Bill Utton Seconded by Tom Copeland That application P/CA 10/11 by T. Kerr, be Deferred until the next meeting in order to give the Committee Members an opportunity to visit the site. Carried Unanimously (IV) Adjournment Moved by Bill Utton Seconded by Tom Copeland That the 4th meeting of 2011 the Committee of Adjustment be adjourned at 7:20 pm and the next meeting of the. Committee of Adjustment be held on Wednesday, April 13, 2011. Carried Unanimously Date--v- Chair Assistant Secretary-Treasurer 5 PkLICKE C ommittee of Adjustment Meeting Minutes . t~ - Wednesday, April 13, 2011 7:00 pm Main Committee Room Present: Tom Copeland David Johnson Eric Newton Bill Utton Shirley Van Steen Also Present: Ross Pym, Secretary-Treasurer Mila Yeung, Assistant Secretary-Treasurer. Lesley Dunne, Assistant Secretary-Treasurer (1) Adoption of Agenda Moved by Bill Utton Seconded by Shirley Van Steen That the agenda for the Wednesday, April 13, 2011 meeting be adopted. Carried Unanimously (11) Adoption of Minutes Moved by Shirley Van Steen Seconded by Tom Copeland That the minutes of the 4th meeting of the Committee of Adjustment held Wednesday, March 23, 2011 be adopted. Carried David Johnson, Committee Chair acknowledged the presence of Bill McLean, Regional Councillor Ward 2. Councillor McLean welcomed the new Committee Members and wished them all the best for the next four years. 1 Citq 0¢ Committee of Adjustment Meeting Minutes = Wednesday, April 13, 2011 7:00 pm JPLJIL%f Main Committee Room (III) Reports 1. P/CA 10/11 - T. Kerr 1731 Spruce Hill Road (Part Lot 30, Plan 820, Part 1, 40R-9425) City of Pickering The applicant requests relief from Zoning By-law 3036 to permit an existing north side yard width of 0.3 metre and a proposed south side yard width of 1.0 metre to a proposed addition onto the detached dwelling, whereas the by-law requires a minimum side yard width of 1.8 metres. The applicant requests approval of this variance in order to obtain a building permit. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval for the existing north side yard width subject to conditions and refusal for the proposed south side yard width. Written comments were also received from the City's Chief Building Official expressing several concerns with the application; the appropriateness, feasibility and practicality of saving the south wall of the existing one storey garage through underpinning of the south wall to suit the proposed rear basement, the proximity of the neighbouring building and the potential of undermining adjacent foundations, a professional engineer must be retained to address all building design and construction which exceeds the scope of Part 9 of the Ontario Building Code and the applicant should provide full details regarding the existing site conditions and the proposed construction procedures where adjacent properties may be impacted. In the absence of this information, it would be inadvisable to approve this application for a building permit or a minor variance Kevin Washington, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Kevin Washington explained the existing south wall of the garage will be maintained and will be using the existing garage foundation for the proposed addition. 2 City c¢ Committee of Adjustment Meeting Minutes Wednesday, April 13, 2011 PLIU&L 7:00 pm Main Committee Room In response to questions from Committee Members, the Secretary-Treasurer indicated all Committee of Adjustment Notices are circulated to Fire Services for comment. Fire Services also reviews building permits and the building permits must meet Fire Code requirements. Moved by Eric Newton Seconded by Bill Utton That application P/CA 10/11 by T. Kerr, be Approved on the grounds that the existing north side yard width of 0.3 metre is a minor variance that is desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and zoning by-law, subject to the following conditions: 1. That this variance apply only to the existing dwelling unit, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtains a building permit for the proposed construction by April 12, 2013, or this decision shall become null and void. And That application P/CA 10/11 by T. Kerr, be Refused on the grounds that the south side yard width of 1.0 metre to the proposed addition onto the detached dwelling is a major variance that is undesirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Zoning By-law. Carried Vote Tom Copeland in favour David Johnson in favour Eric Newton in favour Bill Utton in favour Shirley Van Steen opposed 3 City 00 Committee of Adjustment 141 Meeting Minutes Wednesday, April 13, 2011 Pif _"T~ 7:00 pm Main Committee Room 2. P/CA 11/11 - N. Williams 1614 Burnside Drive (Lot 10, 40M-1603) City of Pickering The applicant requests relief from Zoning By-law 3036 as amended by By-law 2922/88 to permit a lot coverage of 47 percent and a rear yard depth of 4.3 metres to a proposed house addition, whereas the by-law requires a maximum lot coverage of 38 percent and a minimum rear yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit for the new detached dwelling. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval for the existing lot cover and refusal for lot coverage and rear yard depth to a proposed house addition. Written comments were received from the City's Development Control Manager expressing no concerns. Written comments were also received from the Toronto and Region Conservation Authority having no objection to the application. John Lewandowski, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. John Lewandowski explained the proposed addition will be a glass enclosure to the existing deck and the enclosure will not be heated. John Lewandowski also indicated there is a similar enclosure just west of the subject property. Moved by Eric Newton Seconded by Bill Utton That application P/CA 11/11 by N. Williams, be Refused on the grounds that the lot coverage of 47 percent and a rear yard depth of 4.3 metres to a proposed house addition are major variances that are not desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Zoning By-law. And That application P/CA 11/11 by N. Williams, be Approved on the grounds that the existing lot coverage of 40 percent to the existing dwelling is a minor variance that is desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law. Carried Unanimously 4 City co Committee of Adjustment Meeting Minutes = Wednesday, April 13, 2011 7:00 pm Main Committee Room 3. P/CA12/11 - H. Kok 673 Front Road (Part Lot 4, Block E, Plan 65) City of Pickering The applicant requests relief from Zoning By-law 2511 to permit an existing lot area of 361 square metres and a front yard depth of 6.0 metres to a proposed stairway of a proposed detached dwelling, whereas the by-law requires a minimum lot area of 460 square metres and front yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit for the new detached dwelling. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Helen Kok, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Shirley Van Steen Seconded by Tom Copeland That application P/CA 12/11 by H. Kok, be Approved on the grounds that the existing lot area of 361 square metres and a front yard depth of 6.0 metres to a proposed stairway of a proposed detached dwelling are minor variances that are desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed new dwelling, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtains a building permit for the proposed construction by April 12, 2013, or this decision shall become null and void. Carried Unanimously 5 Committee of Adjustment ° Meeting Minutes °f Wednesday, April 13, 2011 PJr-1T= 7:00 pm 1#..,xs,uMG Main Committee Room (IV) Adjournment Moved by Bill Utton Seconded by Eric Newton That the 5th meeting of 2011 the Committee of Adjustment be adjourned at 7:18 pm and the next meeting of the Committee of Adjustment be held on Wednesday, May 4, 2011. Carried Unanimously Date ` Chair 1 ssistant Secretary-Treasurer 6 City oo Minutes/Meeting Summary Sustainable Pickering Advisory Committee CAO Boardroom PI KERI Wednesday, April 13, 2011 11:30 am Attendees: Mayor Ryan Doug Dickerson, City Councillor, Ward 2 David Pickles, City Councillor, Ward 3 Peter Rodrigues, Regional Councillor, Ward 3 Tom Melymuk, Director, Office of Sustainability Lynn Winterstein, Manager, Marketing & Business Development Chantal Whitaker, Coordinator, Sustainability Renee Michaud, Executive Assistant, Council Office (Recording Secretary) Item/ Details & Discussion & Conclusion Action Items/Status Ref # (summary of discussion) (include deadline as appropriate) 1. Committee Appointments Chair & Vice-Chair T. Mel muk Nomination of Chair & Vice-Chair Mayor Ryan nominated Councillor Dickerson for Chair and Councillor Pickles for Vice-Chair. Both Councillors accepted and since there were no other nominations, the appointments were confirmed. It was noted that the appointments are for the 4 year term of Council, ending in 2014. 2. Sustainable Pickering 2011 Work Program T. Mel' muk Tom noted that the report on the Sustainable Pickering 2011 work program was received by Council. Work is progressing extremely well on the draft sustainable placemaking guidelines for Seaton. A second draft should be available shortly, following receipt of the comments from the landowners on the first draft. It is intended that the guidelines will be endorsed by Council by the end of this month as required by the Seaton minutes of settlement. A Special Meeting of Council has been scheduled for this purpose on April 26tH Tom mentioned that, at this point the scorecard is still under development but will be based on the achievement of sustainability "enhancements." There are over 100 enhancements in the guidelines and the current thinking is that these will be categorized as low, moderate or high and that this categorization will be used in developing the scorecard. Page 1 CORP0228-2/02 Incentives will also be developed to encourage higher levels of sustainability. Councillor Dickerson is pleased with these results as it is something they have wanted to implement for a long time. Tom mentioned that this will be a living document which can be amended as required. The scorecard may need to be updated within 6 months as needed. It was noted that there will be a Public Open House for the Seaton Neighbourhood Planning Review SNPR) in the lobby at the Civic Complex on Wednesday, April 20t to provide information and obtain comments on recent work that has been prepared through the SNPR. The 2011 FCM Sustainable Communities Mission is being held from August 7 to 12, 2011 in Quebec. A complete itinerary was circulated. Anyone interested to attend should inform Councillor Dickerson b earl May. 3. Debrief Sustainable Pickering's Earth Hour Celebration L. Winterstein C. Whitaker Chantal reported that the March 26 event at the Pickering Town Centre was received very well. The partnership with PTC helped make it an affordable and well attended event. The event was very engaging and fit our messaging very well. Kid's activities (stamping and bag decorating) were especially popular. The bags were provided by PTC. 271 families signed up and 87 household were added to our Sustainable Pickering email distribution list. It was noted that all Durham municipalities recorded lower earth hour energy savings this year. Chantal indicated that we did put a lot of effort into marketing and joined with the Region on a postcard mail out. We also uploaded our event to social media sites (Facebook and Flickr) during the day. It was agreed that this is not a costly event and that we should continue to participate but also look at other opportunities and activities which could be coordinated as part of Earth Hour. 4. Update 2011; Contribution Program C.Whitaker Chantal indicated that funds are still coming in and to date, we have received $7,500 and have a verbal commitment from Veridian for an additional $2,500. Our target is $10,000 and we are hopeful for a few more contributions in the next few weeks. Page 2 CORP0228-2/02 5. Other Business C. Whitaker - Special Meeting of the GTA Clears Air Council - May 27t" T.-Mel muk Chantal mentioned that this year the City of Oshawa will be hosting the GTA Clean Air Council's Special Meeting (formerly known as Smog Summit) on Friday, May 27, 2011 from 10 am to 4 pm, in Oshawa at the McLaughlin Library and Gallery. This is an opportunity for municipal political leaders from across the Region to discuss priorities in the implementation of clean air and climate change actions. Some Councillors have indicated that they are not available to Chantal requested that attend. Chantal to resend the invitation. She indicated that if Renee resend participants can't stay the whole day that the 2:00 pm invitation. Facilitated Visioning Session would be a priority. Tom mentioned that Brian Kelly of the Region of Durham is moving forward with their Community Action Plan to address Greenhouse Gas Emissions. After discussion by the Durham Region Environmental Coordinators Committee it was decided that all the municipalities are at different stages of planning so while they will share information, they will continue to prepare their own Community Action Plans. Mayor Ryan recommended that the City of Pickering get recognition as being a leader in this group. Pickering should be acknowledged for their accomplishments to date. Councillor Rodrigues is the Region's appointed alternate representative on the Roundtable on Climate Change and will Councillor Rodrigues follow up with them to ensure that the City of Pickering is to follow up and inform recognized. committee. Update on electronic waste collection event - Chantal mentioned that Michelle Pearce indicated that the event went very well. They collected over 4 trailers full of electronic waste. Michelle will be issuing a media release with the statistics in the next few weeks. It was noted that 100% of the waste is recycled in North America. This event will now be held every year in all municipalities in the Durham Region. Ongoing discussions to implement the event on a more regular basis, instead of just one day a year. Page 3 CORP0228-2/02 Mayor Ryan indicated that he secured a commitment from the Commissioner of Works to investigate a test pilot project for the red box program (household hazardous waste) and recommended that the Sustainable Pickering Advisory Committee get involved in the development of this program at the local level with Miller Waste. He indicated that initial discussions with Miller Waste have been very positive and they feel that is would be easy enough to implement. 6. Next Meeting All The next Sustainable Pickering Advisory Committee meeting is tentatively scheduled for Wednesday, May 11th at 11:30 am. Meeting Adjourned: 1 pm Copy: Members of Council City Clerk Page 4 CORP0228-2/02 C1ty o~ Minutes Advisory Committee on Diversity April 14, 2011 FI KERI 7:00 pm Meeting Room 4 Attendees: Councillor Ashe Kirk Mark, Chair, Community Appointee (arrival 7:36 pm due to traffic delay) Catherine Reidt, Co-Chair, Community Appointee Devinder Kaur Panesar, Community Appointee Christy Harper, Pickering Public Library Margaret Lazarus, Valley Farm Public School (arrival 7:36 pm due to traffic delay) Renee Premdas [YOU]nity Lalita Persaud [YOU]nity Cecil Armnauth, Devi Mandir Marisa Carpino, City of Pickering Katherine Stoddart, Recording Secretary Absent: Carlisle Miller, Community Appointee Jacob Yacoumidis, Community Appointee Anusheh Awad, Pine Ridge Secondary School [YOU]nity Fred Gibson, Pickering Carib Canadian Cultural Association Sylvie Morel-Foster, Durham Catholic District School Board Cheryl Rock, Durham District School Board Alma Sandoval, Hispanic Canadian Alliance of Ontario Item / Details & Discussion & Conclusion Action Items /Status Ref # (summary of discussion) (include deadline as appropriate) 1.0 Welcome All C. Reidt welcomed everyone to the meeting and introductions were made. M. Carpino advised that the delegation for tonight's meeting had to cancel due to personal matters but will attend in May. 2.0 Agenda/Approval of Minutes All Moved by Councillor Ashe Seconded by Christy Harper That the Minutes of the March 10, 2011 meeting of the Advisory Committee on Diversity be approved. Carried. M. Car ino reviewed the action items and advised that the Page 1 CORP0228-2/02 items left for action were not completed. M. Carpino addressed the following: DRPS `Youth in Policing' deadline has past and M. Carpino M. Carpino to action does not recall receiving email information; she will follow up. To Cecil Ramnauth of Devi Mandir, the Heritage Day event date for 2012 is February 25. To Councillor Ashe, M. Carpino requested that for invitations M. Carpino to action to various community cultural organizations' events that he had to decline, he pass along the invitation to the committee so another member could attend on behalf of the committee. Councillor Ashe accepted and requested M. Carpino speak with M. Shim to coordinate his calendar. 3.0 Correspondence (a) M. Carpino discussed "The Citizen" publication and that the "In Your Words & Expressions" contest article has been published. (b) M. Carpino advised of the new processes for proclamations and that Asian Heritage month had been approved. (c) M. Carpino provided Committee with Nelson Mandela Children's Foundation envelope to be reviewed. Upon K. Mark's arrival, contents of the envelope were reviewed and discussed. Moved by Councillor Ashe Seconded by Catherine Reidt That a letter from Councillor Ashe and K. Mark be prepared and sent to the school boards for their review and action of Councillor Ashe to such materials if appropriate. action Carried. 4.0 New Business (a) Event Updates Diversity Forum M. Carpino provided an update with respect to the Diversity Forum held on March 23, 2011. Students awarded prizes were in attendance. Shelley-Ann Brown was the Guest Page 2 CORP0228-2/02 Speaker. Photos of the families and students' artwork were taken and will, if not already, be posted on the web site to showcase recipients. (b) [YOU]nity Event R. Premdas and L. Persaud of [YOU]nity reported on the March R. Premdas and M. Break camp turnout. A pot luck with local restaurants and Carpino to action fashion show will be held late May/early June. Requested use of mail contacts used for Heritage Day from M. Carpino. This event will be held in addition to the coffee house event. [You]nity to action Discussion ensued regarding summer employment for students and how Committee may possibly assist. M. Carpino suggested that YMCA youth employment agency be considered to speak to Committee as a delegate. [You]nity to review with peers and requires information to report to Committee for possible action. (c) Committee Mandate & Terms of Reference Discussion ensued regarding comparatives of Oakville and Ajax. Committee to review documents and prepare a four-line All to action definition for review at May meeting. Committee to provide comments to M. Carpino. May meeting to review Committee Mandate & Workplan. June meeting to review community survey. 5.0 Other Business D. Kaur Panesar advised Committee of Kahisa celebrations in Toronto this weekend. Free event and all welcome, handout provided. 6.0 Next Meeting & Adjournment The next meeting will be held May 12th, 2011. Meeting Adjourned: 9:00 pm Copy: City Clerk Page 3 CORP0228-2102 Minutes 1 41 Waterfront Coordinating Committee April 21, 2011 PI CKERI 7:00 pm Main Committee Room Attendees: Councillor Dickerson Jim Berry Kathleen Corcoran Jim Dike Keith Falconer Maureen Robbins Patricia Short-Galle Jean Veronneau Sean Wiley Arnold Mostert, Coordinator, Landscape & Parks Development Nancy Gaffney, TRCA Linda Roberts, Recording Secretary Absent: Councillor O'Connell Item/ FD tails & Discussion & Conclusion Action Items/Status Ref # mmary of discussion) (include deadline as appropriate) 1. Welcome & Introductions J. Dike welcomed everyone to the meeting and introductions were made around the table. 2. Agenda/Minutes Moved by Councillor Dickerson Seconded by K. Falconer That the minutes of the February 17, 2011 meeting of the Waterfront Coordinating Committee be approved. Carried 3. New Business Terms of Reference The terms of reference were discussed with some minor revisions being suggested. Page 1 CORP0228-2/02 Item / Details & Discussion & Conclusion Action Items /Status Ref # (summary of discussion) (include deadline as appropriate) It was suggested the Committee review the terms of reference and mandate for further discussion and approval at L. Roberts to action the next meeting. Pickering Waterfront 2001 Final Report It was requested that the members be provided with a copy of the Pickering Waterfront 2001 Mayor's Task Force document. A. Mostert noted he had two copies available to share among the members. J. Berry also provided his copy for the members to review. 2010 Annual Report & 2011 Workplan J. Dike provided the Committee with an overview of the 2010 accomplishments. A. Mostert provided an overview of the Stormwater Management report noting it had been approved by Council. He will provide an update with respect to the plan A. Mostert to action at the next meeting. Moved by K. Corcoran Seconded by Councillor Dickerson That the 2010 annual report be submitted for Council approval at the May meeting. Carried J. Dike provided an overview of the 2011 Workplan. Discussion ensued with respect to the following; • Harbour entrance • strategic plan for fundraising • Scudelleri property • Millenium Square - address parking issues • Pet Friendly Waterfront - suggested more garbage receptacles, suggestion boxes along trail which could also be utilized as a user inventory • Goose control - A. Mostert provided handouts with information relating to the goose management program, noting that mitigation measures have resulted in moving the geese further onto private property. Consideration must be given to the community regarding education programs • Frenchman's Bay Stormwater Management Plan - A. Page 2 CORP0228-2/02 Item / Details & Discussion & Conclusion Action Items /Status Ref # (summary of discussion) (include deadline as appropriate) Mostert to provide an update with respect to the location A. Mostert to action of stormceptors • Duffins Creek Water Pollution Control Plant - A. Mostert provided an update with respect to the EA • Linton Farmhouse - A. Mostert provided an update noting washrooms are being added. He noted they have met with a consultant from the Region of York and a fee proposal has been provided to the Region in order to move ahead and prepare the site drawings - this item to be included in the 2011 work plan L. Roberts to action • Scudelleri property - discussion ensued with respect to the potential uses of the property. A. Mostert provided copies of the Feasibility Study which was completed by Jurecka & Associates Architects Inc. to the members present. J. Dike provided an update with respect to this property, the potential uses, groups that have shown an interest in using the facility as well as funding. The intent of purchase was also discussed with the pros and cons of keeping the building or having it demolished. Also discussed was the lack of convenience of this location, access problems, storage and the large amount of funds required. It was recommended that this item to be added to the 2011 work plan as well. L. Roberts to action Rotary Frenchman's Bay West Park Master Plan Update A. Mostert provided an update with respect to the Rotary Frenchman's Bay West Park Master Plan, providing copies to members. He noted maintenance and emergency vehicles would have access to the east end of the spit and also noted the off leash park has been removed from this plan. A consultant had been hired to update the plan which is now to A. Mostert to action include the east spit as well. Drawings should be complete by the next meeting. Waterfront Property Ownership A. Mostert passed around a map noting areas under public ownership. N. Gaffney, noted she could provide the Committee with a more detailed map. This can be forwarded to L. Roberts to distribute to the Committee electronically. L. Roberts to action With respect to the Scudellari property, it was requested that staff provide further information to clarify the background A. Mostert to action relating to this property. N. Gaffney noted that TRCA would Page 3 CORP0228-2/02 Item / Details & Discussion & Conclusion Action Items /Status Ref # (summary of discussion) (include deadline as appropriate) support any decisions the Committee may make relating to this property. Budget A. Mostert to action Discussion ensued with respect to the submission of an annual budget. It was suggested that staff investigate the preparation of a budget once the workplan is approved. A. Mostert to check with Director, Corporate Services & Treasurer. 5. Other Business 1) S. Wiley noted that the swimming facility at Petticoat Creek is still closed, making this two summers since it has been closed. N. Gaffney will look into this and provide an update N. Gaffney to action with respect to the closure. 2) Tony Turner, resident of Pickering questioned the maintenance of the Waterfront Trail in Pickering noting that A. Mostert to action sections of the trail are dangerous for cyclists. A. Mostert to action, will bring to the attention of the City of Pickering works crew. 3) N. Gaffney noted that TRCA is preparing a report on the Frenchman's Bay Master Plan and indicated she would take a request for funding to the Board. She also informed the members she will continue to attend the Waterfront Coordinating Committee meetings. Mr. Turner left the meeting as the Committee wished to proceed in camera. Moved by J. Berry Seconded by Councillor Dickerson That the Committee move In Camera in accordance with the provisions of the Municipal Act and Procedural By-law 6746/07, in that the matters to be discussed relate to potential land use agreements. Carried Refer to the In Camera minutes dated April 21, 2011. [The City Clerk has custody and control of the In Camera minutes]. Page 4 CORP0228-2/02 Item / Details & Discussion & Conclusion Action Items /Status Ref # (summary of discussion) (include deadline as appropriate) Moved by P. Short-Galle Seconded by K. Falconer That the Committee return to open session. Carried 6.0 AdiournmentlNext Meeting Moved by K. Corcoran Seconded by Councillor Dickerson That the meeting adjourn. The next meeting will be held on May 19, 2011. Meeting Adjourned: 9:00 pm Copy: City Clerk Page 5 CORP0228-2/02 eel Minutes taftt Heritage Pickering Advisory Committee April 26, 2011 PI KERI 7:00 pm Main Committee Room Attendees: Councillor Rodrigues (left at 7:15 pm for Special Council Meeting) Mike Sawchuck, Vice-Chair Tate Besso Gayle Clow Wickham Jamadar Denise Rundle Sally Sheehan Isa James, Planner II Katherine Stoddart, Recording Secretary Absent: Dale Quaife, Chair Christine Gonsalves Candace Julien Lars Svekis Item / Details & Discussion & Conclusion Action Items / Status Ref # (summary of discussion) (include deadline as appropriate) 1.0 Welcome 1. James made introductions. M. Sawchuck commenced meeting as Vice, Chair. 2.0 ` Approval of Minutes Moved by Gayle Clow Seconded by Sally Sheehan That the minutes of the March 29, 2011 Heritage Pickering Advisory Committee be approved. Carried 3.0 New Business 1) Draft Plan of Subdivision - Emery Homes Glendale Ltd. 1. James provided background information to the Committee and suggestions as to what the Committee may want to comment on. Basic 1950's style construction; however, M. Sawchuck suggested that a heritage district does not need to be an existing, it could be considered as to what area might become heritage. Page 1 Item / Details & Discussion & Conclusion Action Items / Status Ref # (summary of discussion) (include deadline as appropriate) 2) Heritage Committee Orientation Workshop Short reports from attending Committee members were provided: • G. Clow suggested the introduction to legislation was, slight information overload • Councillor Rodrigues reported on the information provided in designating trees as heritage and that in reference to the legislation point, it was confusing to address such a technical side of the Acts • I. James provided scope of information of the orientation from entire day. Will provide copy of Regulation 906 to I. James to action Committee members prior to next meeting date. 3) Transport Canada M. Sawchuck reviewed the background of the letter and stated that identification of the seven properties would be helpful. I. James has such descriptors for Committee's review. The City must do entire purchase, removal, etc. at own cost in order to preserve any of these properties. I. James reported that 9 of the listed properties are on the City's Heritage Register. J. Sabean and J. Zimmerman had been hired to provide a consultants review of those 9 properties and it was concluded that 1 house was not of heritage significance, 1 house was too deteriorated to salvage, and the remaining 7 houses were felt to have heritage merit and worth salvaging. This information was written back to Transport Canada and it was their response in this letter that the City must take full responsibility in order to protect them. Discussion ensued. Is. James suggested a recommendation to Council to obtain approval to view and photograph the 9 properties for the Heritage Registry. This work could be completed by a staff member and P. Rodrigues. Moved by Gayle Clow Seconded by Denise Rundle That I. James, on behalf of the Committee, be approved to view and photograph the 9 properties. I. James to action Carried Further, I. James suggested to the Committee that a review of non-profit demolition companies be researched and suggested in order to protect salvageable materials. Discussion ensued. Prepare response letter via Director, Planning & Development I. James to action Page 2 Item ! Details & Discussion & Conclusion - Action Items / Status Ref # (summary of discussion) (include deadline as appropriate) with suggestion / request for use of demolition companies. 4) Proposed Whitevale Road Renovations Information package and drawings as updated provided by I. James. Background was discussed with review of information in The Guide with reference to porch structures. Discussion ensued. Moved by Wickham Jamadar Seconded by Tate Besso To approve the alterations to the site but require the designer to retain existing doorway, sidelights and entablature for future reversibility. Carried 5) Rogers Farm Complex 1. James provided information regarding research into movement of the highway further south. This is not possible due to natural heritage features and a large hardwood forest. Discussion ensued. I. James reported that a full report was previously provided to Council as part of the whole EA process. M. Sawchuck provided brief research information point. In order to deem a property Provincially Significant, all due diligence must be completed on the part of the municipality and completely satisfy criteria set by the Provincial Government before they will review. 6) 2011 Work Plan The Work Plan portion of the March 29, 2011 Minutes were reviewed. Committee discussed background to each of the 7 items as listed on the Work Plan memorandum to Council. • Tax Relief Program (item 2) requires support from The Region of Durham • Delegation By-law (item 3) staff level to prepare the report and by-law in draft and Committee to review • If any Committee members were able to assist in the review of The Guide and provide comments to I. James it would be appreciated (item 4) • (Item 5) Registry and designation process going to be largest project • Sub Committee - event date October 1 & 2, 2011. Dale Quaife invited to attend Page 3 Item / Details & Discussion & Conclusion Action Items / Status Ref # (summary of discussion) (include deadline as appropriate) • Recommended to add one additional item (item 8), to increase the amount of information currently on line as I. James to action to heritage designations within Pickering. Complete heritage information and photographs. IT support research required Moved by Sally Sheehan Seconded by Wickham Jamadar To add to the 2011 Work Plan for the 14 heritage designations to be updated on the web site. Carried Moved by Gayle Clow Seconded by Denise Rundle That the draft 2011 Work Plan, including additional Item 8, be approved, subject to future revision as to timelines. Carried 4.0 Other Business 1) Further discussion for timelines at May meeting. 2) D. Quaife to confirm absent members by email; still interest D. Quaife to action in participating on Committee. 6.0 Next Meeting/Adjournment The meeting was adjourned at 9:05 pm Next Meetin : May 24, 2011 Copy: City Clerk Page 4