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HomeMy WebLinkAboutJune 17, 2013NEW ON 1A E, !3 Council Meeting Agenda Monday, June 17, 2013 Council Chambers 7:00 pm 1) Invocation Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. 11) Disclosure of Interest III) Adoption of Minutes Page Council Meeting Minutes, May 21, 2013 1 -17 Joint Planning & Development and Executive Committee 18 -26 Minutes, June 10, 2013 IV) Presentations V) Delegations 27 VI) Correspondence 28 -63 VII) Committee Reports 64 -69 a) Report JT 2013 -06 of the Joint Planning & Development and Executive Committee, June 10, 2013 VIII) Reports — New and Unfinished Business 70 -80 IX) Motions and Notice of Motions X) By -laws 81 -94 XI) Confidential Council - Public Report XII) Other Business Accessible For information related to accessibility requirements please contact NN G Linda Roberts P I C K E R Phone: 905.420.4660 extension 2928 TTY. 905.420.1739 Email: Irobertsamickerina.ca XIII) Confirmation By -law FOR INFORMATION ONLY • Minutes of the Heritage Pickering Advisory Committee, April 17, 2013 • Minutes of the Accessibility Advisory Committee, April 24, 2013 • Minutes of the Committee of Adjustment, May 1 and May 22, 2013 Present: Mayor Ryan Councillors: K. Ashe B. McLean J. O'Connell D. Pickles P. Rodrigues Absent: D. Dickerson — City Business Also Present: Council Meeting Minutes Tuesday, May 21, 2013 7:00 PM - Council Chambers T. Prevedel - Chief Administrative Officer P. Bigioni - Director, Corporate Services & City Solicitor, (Acting) City Clerk M. Carpino - Director, Culture & Recreation R. Holborn - Director, Engineering & Public Works. T. Melymuk - Director, City Development B. Douglas - Fire Chief S. Karwowski - (Acting) Division Head, Finance & Treasurer L. Roberts - Committee Coordinator (II) Invocation Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (III) Disclosure of Interest Councillor McLean declared a conflict of interest with respect to Zoning By -law amendment application A 3/12, he noted that he resided in the area. Councillor McLean did not take part in the discussion or vote on the matter. (IV) Adoption of Minutes Resolution #66/13 Moved by Councillor Pickles Seconded by Councillor O'Connell 1 Council Meeting Minutes Tuesday, May 21, 2013 7:00 PM - Council Chambers Council Meeting Minutes, April 22, 2013 Planning & Development Committee Minutes, May 6, 2013 Executive Committee Minutes, May 13, 2013 Carried (V) Presentations Rouge Valley Health System Foundation Mayor Ryan welcomed members of the Rouge Valley Health System Foundation. Mayor Ryan and Council presented a cheque in the amount of $100,000, which is the third instalment to the Rouge Valley Health System Foundation for the Image is Everything Campaign. (VI) Delegations Rouge Valley Health System Foundation Update Dr. Mark Prieditis, Lead MRI Radiologist at Rouge Valley Health System, appeared before Council to provide an update with respect to the arrival of the MRI at Rouge Valley Health in 2011. He acknowledged the MRI process improvement initiatives, including the hiring of additional physicians as well as their participation in a high risk Ontario breast screening program. He noted this will enable early detection for high risk patients resulting in less invasive treatments. Dr. Prieditis also stated patients no longer have to leave their community or face additional wait times for an MRI scan. To date they have done over 7,000 scans and current wait times for an MRI is 19 days. He also stated that a donor recognition plaque has now been installed in the waiting area. Mayor Ryan thanked Dr. Prieditis for his presentation and commended the.Rouge Valley Health System Foundation Team. 2. Barbara Pulst License Extension at Pickering Nuclear Generating Station Barbara Pulst was not present. 3. Janet McNeill Durham Nuclear Awareness Re: CNSC Hearing on Properposed POG License Extension at Pickering Nuclear Generating Station 2 On_ ,- Council Meeting Minutes Tuesday, May 21, 2013 7:00 PM - Council Chambers Janet McNeill appeared before Council to express her concerns regarding nuclear issues, noting she has been involved with Durham Nuclear Awareness for the past two years. She provided a brief history of Durham Nuclear Awareness. She stated an urgent need for a review of emergency planning prior to the re- licensing agreement with Ontario Power Generation. Ms. McNeill stated the main concern is with the age of the reactors, noting they are being pushed beyond 210,000 hours, making them more susceptible to breakdowns. She also noted that in the event of a large accident, over 5,000 people would need to be evacuated. She noted concerns regarding the de- commissioning of the plant as well as storage of nuclear waste. Ms. McNeill provided hand outs which include report recommendations. Discussion period ensued with Members posing questions relating to evacuation, storage of nuclear waste, as well as the frequency in which reports are received from OPG. 4. Tatyana Moro Rogers Communications Inc. Re: Proposed Telecommunication Tower Installation Petticoat Creek Park, Installation #47 Tatyana Moro, Municipal Relations Specialist, Rogers Communications Inc., appeared before Council with respect to the telecommunication tower installation at Petticoat Creek. Ms. Moro summarized the process undertaken by Rogers Communications, noting the concessions made as a result of public comments received. She indicated that there would be a more pleasing design and the structure would be moved further back to allow for a 200 metre buffer. She also noted this would be a co- locatable structure, which would eliminate the need for additional infrastructure in the area. She stated that she felt the process has been very transparent and effective and hoped that Council would take into consideration the concessions made. A question and answer period ensued with Members posing various questions for clarification. It was noted that most of the concerns raised had been in regards to location in proximity to a residential area. Clarification was provided with respect to co- locating, and how many additional carriers could be accommodated. Ms. Moro also responded to questions regarding the approval process and the proponents right to appeal. Councillor Rodrigues expressed his concerns with the lack of technical expertise in response to his concerns. 3 (VII) Correspondence Corr. 17 -13 Neil MacCarthy Director, Public Relations & Communications Archdiocese of Toronto 1155 Yonge Street Toronto, ON M4T 1W2 A brief discussion period ensued. Resolution #67/13 Moved by Councillor Pickles Seconded by Councillor Rodrigues Council Meeting Minutes Tuesday, May 21, 2013 7:00 PM - Council Chambers That Corr. 17 -13 received from Neil MacCarthy, Director, Public Relations & Communications Archdiocese of Toronto, which outlines concerns relating to gambling, gaming and casinos be received for information. Carried 2. Corr. 18 -13 Barbara Pulst 909 Vistula Drive Pickerina. ON L1W 21-6 Discussion ensued with respect to correspondence received from Barbara Pulst. Members noted concerns with the lack of dialogue regarding the re- licensing agreement with Ontario Power Generation, as well as waste disposal, noting the need for future discussions relating to this issue. Councillor O'Connell requested Council receive a copy of OPG Safety Studies that were submitted for the five year re- licensing agreement. She also felt the process should have included a resolution of Council for approval of the re- licensing agreement. It was also requested that a representative from OPG appear before Council to address concerns. Mayor Ryan responded to concerns raised by Members, providing clarification on the procedures followed and addressing the issue of nuclear storage, noting this was a separate licensing process. Mayor Ryan stated that the license is for ten years and will be up for re- licensing again in 2018. He indicated there would be a review in 2014, where concerns relating to nuclear waste disposal could be addressed at that time. 0 Resolution #68/13 Moved by Councillor Pickles Seconded by Councillor Rodrigues Council Meeting Minutes Tuesday, May 21, 2013 7:00 PM - Council Chambers That Corr. 18 -13 received from Barbara Pulst, outlining concerns with respect to the City of Pickering's support of a five year re licensing agreement with Ontario Power Generation and the processes involved be received for information. Carried 3. Corr. 19 -13 Wayne Robbins, Chief Nuclear Officer Ontario Power Generation 889 Brock Road Pickering, ON L1W 3J2 A brief discussion period ensued. Mayor Ryan stated he would forward a letter on to OPG to request representation at a future meeting to provide updates on the Pickering Nuclear Station. It was also recommended that the issues raised in the letter from Barbara Pulst be included. Resolution #69/13 Moved by Councillor Pickles Seconded by Councillor Rodrigues That Corr. 19 -13 received from Wayne Robbins, Chief Nuclear Officer, OPG, confirming their commitment to fund a City of Pickering financial /economic impact and land use study of the retirement of the Pickering Nuclear Generating Station be received for information. Carried (VIII) Committee Reports a) Report PD 2013 -05 of the Planning & Development Committee Director, City Development, Report PLN 08 -13 Pickering Rouge Canoe Club Request for Extension of Lease Agreement with Toronto and Region Conservation Authority For Paddling Facility on West Spit of Frenchman's Bay 5 3 7 7 1 Council Decision Council Meeting Minutes Tuesday, May 21, 2013 7:00 PM - Council Chambers That Report PLN 08 -13 of the Director, City Development, regarding the Pickering Rouge Canoe Club's use of the West spit, be received; 2. That the request of the Pickering Rouge Canoe Club to extend its lease agreement with the Toronto and Region Conservation Authority for three years on an annual basis commencing with the period November 1, 2012 to October 31, 2013 and expiring October 31, 2015, to accommodate a temporary compound on the West spit of Frenchman's Bay for the storage of canoes, and kayaks within trailers, associated with the Club's paddling facility, be supported by Pickering Council; and 3. Further, that the City Clerk forward a copy of Report PLN 08 -13 to the Toronto and Region Conservation Authority and the Pickering Rouge Canoe Club. Director, City Development, Report PLN 11 -13 Duffins Precinct — Southern Lands Environmental. Servicing Plan Update and Draft Plan of Subdivision Application SP- 2011 -04 Zoning By -law Amendment Application A 17/11 Kindwin (Brock) Development Corporation Part of Lot 18, Concession 2 (2077 & 2095 Brock Road) Council Decision That Council endorse the recommendations of the Duffins Precinct Southern Lands Environmental Servicing Plan Update, Final Report dated November 2012, prepared by Sernas Associates (now GHD), summarized in Attachment #3 to Report PLN 11 -13; 2. a) That Draft Plan of Subdivision SP- 2011 -04 submitted by Kindwin (Brock) Development Corporation, on lands being Part of Lot 18, Concession 2, to permit a residential plan of subdivision for 154 dwelling units, and blocks for park, stormwater, open space and road widening uses, as shown on the Staff Recommended Plan on Attachment #6 to Report PLN 11 -13, and the implementing conditions of approval as set out in Appendix I, be endorsed; and b) That Zoning By -law Application A 17/11 submitted by Kindwin (Brock) Development Corporation, to implement Draft Plan of Subdivision SP -2011- 04, as outlined in Appendix II to Report PLN 11 -13, be endorsed, and that L Cis Council Meeting Minutes Tuesday, May 21, 2013 7:00 PM - Council Chambers staff be authorized to finalize and forward an implementing zoning by -law to Council for enactment; 3. That Council authorize staff to initiate an amendment to the Pickering Official Plan and revisions to the Duffins Precinct Development Guidelines to reflect updated information and implement land use, transportation and environmental recommendations of the Duffins Precinct Southern Lands Environmental Servicing Plan Update, including the recommendations outlined in section 2.3 of Report PLN 11 -13; and 4. Further, that a copy of Report PLN 11 -13 and Council's resolution be forwarded to the Region of Durham, Toronto and Region Conservation Authority, Durham School Boards and the Duffins Precinct Landowners Group for information. 5. Director, City Development, Report PLN 13 -13 Proposed Telecommunication Tower Installation Public Mobile North side of Highway 401 right -of -way at the south limit of Altona Road Installation #28 Council Decision That Public Mobile be advised that City Council supports the proposed 29.9 metre high telecommunication tower installation on the Highway 401 right -of -way at the south limit of Altona Road based on the design and other details submitted with this request; and 2. Further, that the Director, City Development be authorized to forward a letter to Industry Canada requesting their assistance to encourage Rogers Wireless to relocate their telecommunication equipment from an adjacent tower onto the proposed Public Mobile tower to minimize the presence of the telecommunication structures. 6. Notice of Motion Canadian Junior National Dragon Boat Team Whereas the Canadian Junior National Dragon Boat Team has earned the right to compete in the World Dragon Boat Championships in Szeged, Hungary in July, 2013; Whereas the City of Pickering actively promotes Dragon Boating and the team building it instils within the competitors, and has always appreciated their presence on Frenchman's Bay; 7 Council Meeting Minutes Tuesday, May 21, 2013 7:00 PM - Council Chambers Whereas there have been seven girls and boys from Pickering who have been selected to be part of the team, who will not only represent their nation, Canada, but will in particular be representing their home town — Pickering; Now Therefore Be It Resolved That The City of Pickering make a grant contribution in the amount of $500.00 towards the expenses of the Canadian Junior National Dragon Boat Team to compete in the World Dragon Boat Championships. Resolution #70/13 Moved by Councillor Pickles Seconded by Councillor Ashe That Report PD 2013 -04 of the Planning & Development Committee, dated May 6, 2013, be adopted, save and except Item Nos. 2 and 4. 2. Director, City Development, Report PLN 09 -13 Draft Plan of Subdivision Application SP- 2012 -01 (Revised) Draft Plan of Condominium Application CP- 2012 -02 (Revised) Zoning By -law Amendment Application A 3/12 (Revised) 2307038 Ontario Inc. 1803, 1807, 1811, 1817 and 1823 Fairport Road Resolution #70A/13 Moved by Councillor Pickles Seconded by Councillor Ashe Carried That Draft Plan of Subdivision Application SP- 2012 -01 (Revised), submitted by 2307038 Ontario Inc., on lands being Part of Lots 105 and 109 and Lots 106 to 108 on RCP Plan 1051, to establish 3 blocks for residential, open space and road widening uses as shown on Attachment #3, and the implementing conditions as set out in Appendix I, be endorsed; 2. That Zoning By -law Amendment Application A 3/12, submitted by 2307038 Ontario Inc., to implement the Draft Plan of Subdivision SP- 2012 -01 (Revised) and to permit the development of 31 lots for detached dwellings on a common element condominium road, be endorsed as outlined in Appendix II, and that staff be authorized to finalize and forward an implementing Zoning By -law Amendment to Council for enactment; and 0 Council Meeting Minutes Tuesday, May 21, 2013 7:00 PM - Council Chambers 3. Further, that an amendment to the Dunbarton Neighbourhood Development & Design Guidelines — Neighbourhood Concept Plan, as generally set out in Appendix III be endorsed, and brought forward for Council approval with the implementing Zoning By -law. Carried 4. Director, City Development, Report PLN 12 -13 Proposed Telecommunication Tower Installation Rogers Communications Inc. Petticoat Creek Park, Installation #47 Discussion ensued with staff responding to a number of procedural questions raised with respect to the process of the report being brought to Council after being lost at Committee level. It was requested that other municipalities as well as the Region of Durham be consulted with respect to these procedural matters and to clarify whether this is a requirement under the Planning Act. Staff will review the matter and provide further information accordingly. Councillor McLean noted he still has concerns with tower installations in parks, but was pleased to note it would be camouflaged. Resolution #71/13 Moved by Councillor Pickles Seconded by Councillor Ashe That Rogers Communications Inc. be advised that City Council supports the location of the proposed 45 metre high telecommunication tower installation at Petticoat Creek Park; and 2. Further, that staff be authorized to work with Rogers Communications Inc. to investigate an alternative architectural design of the telecommunication tower to better camouflage the structure and improve visual harmony with the surrounding natural area. Yes Councillor Ashe Councillor McLean Councillor Pickles Mayor Ryan 9 Carried on a Recorded Vote as Follows No Councillor O'Connell Councillor Rodrigues b) Report EC 2013 -05 of the Executive Committee Council Meeting Minutes Tuesday, May 21, 2013 7:00 PM - Council Chambers Director, Engineering & Public Works, Report ENG 04 -13 Greenwood Conservation Lands Master Plan Council Decision That Report ENG -04 -13 of the Director, Engineering & Public Works regarding Greenwood Conservation Lands Master Plan be received; 2. That the Greenwood Conservation Lands Master Plan dated November 2012 be endorsed by Council; 3. That a copy of this report be forwarded to the Toronto and Region Conservation Authority for their information, and that they be advised of Council's decision on this matter. 2. Director, Engineering & Public Works, Report ENG 07 -13 Tender for Various Bridge Improvements and Upgrades - Tender No. T -5 -2013 Council Decision That Report ENG 07 -13 of the Director, Engineering & Public Works regarding Tender No. T -5 -2013 for Various Bridge Improvements and Upgrades be received: 2. That Tender No. T -5 -2013 as submitted by 002274084 Ontario Ltd., o/a GMP Contracting for Various Bridge Improvements and Upgrades in the total tendered amount of $218,052.71 (HST included) be accepted; 3. That the total gross project cost of $290,415.00 (HST included), including the tender amount and other associated costs and the total net project cost of $261,528.00 (net of HST rebate) be approved; 4. That Council authorizes the (Acting) Division Head, Finance & Treasurer to finance the project in the amount of $261,528.00 as follows: a) the sum of $231,600.00 as provided for in the 2012 Roads Capital Budget to be funded from the Provincial Grant - Investing in Ontario; b) the sum of $13,400.00 as provided for in the 2012 Roads Capital Budget to be funded from the Move Ontario Reserve 10 Council Meeting Minutes Tuesday, May 21, 2013 7:00 PM - Council Chambers c) the additional balance of $16,528.00 to be funded from the Provincial Grant Investing in Ontario; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. 3. Director, Culture & Recreation, Report CR 08 -13 Tender No. T -4 -2013 - Tender for Replacement of Air Handling Units and Return Fans, Pickering Recreation Complex Council Decision That Report CR 08 -2013 of the Director, Culture & Recreation regarding the replacement of the Air Handling Units and Return Fans at the Pickering Recreation Complex be received; 2. That Tender No. T -4 -2013 submitted by Canadian Tech Air Systems Inc. at a cost of $142,577.75 (HST included) be accepted; 3. That the total gross project cost of $198,194.00 (HST included), including the tender amount and other associated costs, and the total net project cost of $178,480.00 (net of HST rebate) be approved; 4. That Council Authorize the (Acting) Division Head, Finance & Treasurer to finance the project in the amount of $178,480.00 from the Federal Gas Tax Reserve Fund; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. 5. Director, Corporate Services & City Solicitor, Report FIN 05 -13 2013 Tax Rates and' Final Tax Due Dates for All Realty Tax Classes Except for Commercial, Industrial & Multi- Residential Realty Classes Council Decision That Report FIN 05 -13 of the Director, Corporate Services & City Solicitor regarding the 2013 tax rates be received; 2. That the 2013 tax rates for the City of Pickering be approved as contained in Schedule A of the By -law attached hereto; 11 Council Meeting Minutes Tuesday, May 21, 2013 7:00 PM - Council Chambers 3. That the tax levy due dates for the Final Billing be June 27, 2013 and September 27, 2013 excluding the industrial, multi - residential and commercial realty tax classes; 4. That the attached By -law be approved; 5. That the (Acting) Division Head, Finance & Treasurer be authorized to make any changes or undertake any actions necessary to comply with Provincial regulations including altering due dates or final tax rates to ensure that the property tax billing process is completed; and, 6. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. 6. Director, Corporate Services & City Solicitor, Report FIN 07 -13 Investment Portfolio Activity for the Year Ended December 31, 2012 Ontario Regulation 292/09 under the Municipal Act, 2001 Council Decision It is recommended that Report FIN 07 -13 of the Director, Corporate Services & City Solicitor regarding Investment Portfolio Activity for the Year Ended December 31, 2012 be received for information. 7. Director, Corporate Services & City Solicitor, Report FIN 09 -13 Development Charges Reserve Fund — Statement of the Treasurer for the Year ended December 31. 2012 Eta Q Council Decision That Report FIN 09 -13 of the Director, Corporate Services & City Solicitor respecting the Development Charges Reserve Fund be received for information. Director, Corporate Services & City Solicitor, Report FIN 10 -13 2012 Pre -Audit Balances of Reserves and Reserve Funds Council Decision That Report FIN 10 -13 of the Director, Corporate Services & City Solicitor regarding the 2012 pre -audit balances of reserves and reserve funds be received for information. Director, Corporate Services & City Solicitor, Report FIN 11 -13 Cash Position Report as at December 31, 2012 12 Council Decision Council Meeting Minutes Tuesday, May 21, 2013 7:00 PM - Council Chambers It is recommended that Report FIN 11 -13 from the Director, Corporate Services & City Solicitor regarding the City's Cash Position as at December 31, 2012 be received for information. 10. Director, Corporate Services & City Solicitor, Report FIN 12 -13 2012 Building Permit Stabilization Reserve Fund Council Decision It is recommended that Report FIN 12 -13 from the Director, Corporate Services & City Solicitor regarding the 2012 Building Permit Stabilization Reserve Fund be received for information. Resolution #72/13 Moved by Councillor Pickles Seconded by Councillor Ashe That Report EC 2013 -05 of the Executive Committee dated May 13, 2013 be approved, save and except Item No. 4. Carried 4. Director, Culture & Recreation, Report CR 09 -13 Tender for Pickering Recreation Complex Banquet Hall and Washroom Renovation Project - Tender No. T -7 -2013 A brief discussion period ensued and it was questioned whether staff could look into painting the lockers. Resolution #73/13 Moved by Councillor Pickles Seconded by Councillor Ashe 1. That Report CR 09 -2013 of the Director, Culture & Recreation regarding the Pickering Recreation Complex Banquet Hall and Washroom Renovation Project be received; 2. That Tender No. T -7 -2013 submitted by M/2 Group Inc. in the total tendered amount of $787,358.01 (HST included) be accepted; 13 Cttq °o _ Council Meeting Minutes Tuesday, May 21, 2013 PICKEMG 7:00 PM - Council Chambers 3. That the total gross project cost of $917,432.00 (HST included), including the tender amount and other associated costs, and the total net project cost of $826,176.00 (net of HST rebate) be approved; 4. That Council authorize the (Acting) Division Head, Finance & Treasurer to finance the project in the amount of $826,176.00 as follows: a) the sum of $228,719.00 as provided for in the 2013 Recreation Complex Capital Budget to be funded from the Community Infrastructure Improvement Fund (CIIF); b) the sum of $490,000.00 as provided for in the 2013 Recreation Complex Capital Budget to be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed 10 years; c) the sum of $100,000.00 as provided for in the 2012 Recreation Complex Capital Budget to be funded from the Federal Gas Tax Reserve Fund (FGT); and d) the balance of $7,457.00 to be funded from property taxes; and 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 (IX) Notice of Motion 2014 Draft Ballot Question — City of Pickering Gaming Facility Discussion took place with questions raised regarding the process for placing a question on the 2014 ballot. It was questioned at what point in the process the question could be amended, and whether OLG had confirmed that the City of Pickering has met the requirements for public notification. Concerns were also noted with delaying a decision as well as the proliferation of questions. Moved by Councillor Rodrigues Seconded by Councillor Ashe That the main motion be tabled. Resolution # 74/13 14 N 1;17--. � Yes Councillor Ashe Councillor Pickles Councillor Rodrigues Resolution #75/13 Moved by Councillor McLean Seconded by Councillor O'Connell Council Meeting Minutes Tuesday, May 21, 2013 7:00 PM - Council Chambers Motion Lost on a Recorded Tie Vote as Follows No Councillor McLean Councillor O'Connell Mayor Ryan Whereas in May 2012 the Ontario Lottery and Gaming Corporation ( "OLG ") implemented its Modernization Plan for lottery and gaming in Ontario; and Whereas OLG's Modernization Plan created Gaming Zones within which existing or new gaming facilities will be permitted subject to municipal and other approvals; and Whereas the OLG Modernization Plan established Gaming Zone C3 consisting of the Towns of Ajax and Whitby and the City of Pickering; and Whereas the Towns of Ajax and Whitby and City of Pickering have identified themselves as willing hosts of an OLG gaming facility; and Whereas confirmation by a municipality that it is a willing host of an OLG gaming facility does not constitute a commitment to actually having a casino or other gaming facility; and Whereas part of the consultation process under Ontario Regulation 81/12 requires public consultation by the City of Pickering; and Whereas if OLG chooses a qualified service provider for a casino in the City of Pickering, Council works with the selected provider through public consultation to determine the final location and required zoning and site plan conditions; and Whereas in order to obtain City wide public input, the Council of the City of Pickering has the opportunity to put a question on the ballot for the 2014 regular municipal election to determine if the residents want a gaming facility; Now therefore the Council of The Corporation of the City of Pickering hereby directs the City Clerk to follow the process for putting the following question on the ballot of the 2014 regular municipal election: 15 � 01 Council Meeting Minutes Tuesday, May 21, 2013 7:00 PM - Council Chambers Are you in favour of a gaming facility (casino) in the City of Pickering? Yes No Yes Councillor McLean Councillor O'Connell Councillor Pickles Councillor Rodrigues Mayor Ryan (X) By-laws Carried on a Recorded Vote as Follows No Councillor Ashe 7279/13 Being a by -law to adopt the estimates of all sums required to be raised by taxation for the year 2013 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. 7280/13 Being a by -law to appoint Matthew Holloway, Mark Farhat and Jessie James Leonard as Municipal Law Enforcement Officers for the purpose of enforcing the by -laws of The Corporation of The City of Pickering. 7281/13 Being a by -law to exempt Block 1, Plan 40M -2494, Pickering, from the part lot control provisions of the Planning Act. 7282/13 Being a by -law to authorize the Pickering Recreation Complex Banquet Hall and Washroom Renovation Project in the City of Pickering and the issuance of debentures in the amount of $490,000.00. Resolution #76/13 Moved by Councillor McLean Seconded by Councillor Pickles That By -law Nos. 7279/13 through 7282/13, be approved. (XI) Confirmation By -law By -law Number #7283/13 16 Carried r �= - e N �t / Council Meeting Minutes Tuesday, May 21, 2013 7:00 PM - Council Chambers Councillor O'Connell, seconded by Councillor McLean 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 May 21, 2013. (XII) Adjournment Moved by Councillor O'Connell Seconded by Councillor Rodrigues That the meeting be adjourned at 9:31 pm. Dated this 21st day of May, 2013. 17 Carried Mayor Ryan Paul Bigioni (Acting) City Clerk citq °o Joint Planning & Development and = Executive Committee Meeting Minutes Monday June 10, 2013 7:00 pm - Council Chambers Chair: Councillor Pickles Present: Mayor Ryan Councillors: K. Ashe D. Dickerson B. McLean J. O'Connell D. Pickles P. Rodrigues Also Present: P. Bigioni - Director, Corporate Services & City Solicitor M. Carpino - Director, Culture & Recreation R. Holborn - Director, Engineering & Public Works T. Melymuk Director, City Development B. Douglas . - Fire Chief D. Shields - City Clerk S. Karwowski - (Acting) Division Head, Finance & Treasurer K. Senior - Manager, Accounting Services (1) Disclosure of Interest No disclosures were noted. (11) Delegations Paula Jesty, Deloitte & Touche Paula Jesty, Deloitte & Touche, appeared before the Committee to present the results of the 2012 Year End Audit. She summarized the items in the report, noting no significant deficiencies with regards to internal controls. Ms. Jesty also explained the reporting requirements and outlined the various audit risk areas. She noted she would be available to answer any questions. A brief question and answer period ensued where Ms._Jesty provided clarification with respect to the unadjusted differences. Moved by Councillor Dickerson Seconded by Councillor McLean 1 Joint Planning & Development and - Executive Committee Meeting Minutes PICKEIqNG Monday June 10, 2013 7:00 pm - Council Chambers Chair: Councillor Pickles That the rules of procedure be suspended in order to change the order of business to allow Part B - Executive Committee Reports to be dealt with first. Carried Part B — Executive Committee Reports 1. Director, Corporate Services & City Solicitor, Report FIN 13 -13 2012 Year End Audit Recommendation Moved by Councillor O'Connell Seconded by Councillor Ashe 1. That Report FIN 13 -13 of the Director, Corporate Services & Solicitor be received; 2. That the Year -end Communication Report as submitted by Deloitte LLP ( Deloitte) be received for information; and, 3. That the 2012 draft Audited Consolidated Financial Statements for the City of Pickering be approved. Carried 2. Director, Engineering & Public Works, Report ENG 09 -13 Tender for Asphalt Resurfacing on Rosebank Road - Tender No. T -20 -2013 Recommendation Moved by Councillor O'Connell Seconded by Councillor Ashe 1. That Report ENG 09713 of the Director, Engineering & Public Works regarding Tender for Asphalt Resurfacing on Rosebank Road be received; 2. That Tender No. T -10 -2013 as submitted by Coco Paving Inc. for Asphalt Resurfacing on Rosebank Road in the total tendered amount of $141,025.79 (HST included) be accepted; 2 citq 00 Joint Planning & Development and ` - Executive Committee Meeting Minutes Monday June 10, 2013 7:00 pm - Council Chambers Chair: Councillor Pickles 3. That the total gross project cost of $159,310.00 (HST included), including the tender amount and other associated costs and the total net project cost of $143,464.00 (net of HST rebate) be approved; 4. That Council authorizes the (Acting) Division Head, Finance & Treasurer to finance the project in the amount of $143,464.00 from Other Revenue York Region (South East Collector Enhancements) be approved; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. Carried 3. Director, Engineering & Public Works, Report PW 03 -13 Tender No. T -6 -2013 - Reconstruction of Tennis Courts — David Farr Park and Claremont Park A brief discussion period ensued. Councillor McLean questioned when the resurfacing was last done and what the life span was. Recommendation Moved by Councillor O'Connell Seconded by Councillor Ashe That Report PW 03 -13 of the Director, Engineering & Public Works regarding Tender No. T -6 -2013 for Reconstruction of Tennis Courts - David Farr Park and Claremont Park be received; 2. That Tender No. T -6 -2013 submitted by Court Contractors Ltd. for Reconstruction of Tennis Courts - David Farr Park and Claremont Park in the amount of $224,343.70 (HST included) be accepted; 3. That the total gross project cost of $251,355.00 (HST included) including the tender amount and other associated costs and the total net project cost of $226,353.00 (net of HST rebate) be approved; 4. That Council authorize the (Acting) Division Head, Finance & Treasurer to finance the sum of $226.353.00 as approved in the 2011 and 2013 Capital Budgets from Parkland Reserve Fund; and 3 Joint Planning & Development and Executive Committee Meeting Minutes Monday June 10, 2013 7:00 pm - Council Chambers Chair: Councillor Pickles 5. That the appropriate City of Pickering officials be authorized to take necessary action in order to give effect thereto. Carried 4. Director, Engineering & Public Works, Report PW 04 -13 Supply and Delivery of One New Current Model Year Road Grader - Quotation No. Q -23 -2013 Discussion period ensued with Councillor Rodrigues questioning how far abroad the City of Pickering goes when tendering for vendors and how fair value is determined with respect to trade ins. Recommendation Moved by Councillor O'Connell Seconded by Councillor Ashe 1. That Report PW 04 -13 of the Director, Engineering & Public Works regarding Quotation No. Q- 23- 2013.for the Supply and Delivery of One New Current Model Year Road Grader be received; 2. That Quotation No. Q -23 -2013 as submitted by Nortrax Canada Inc. in the total quotation amount of $246,193.10 (HST included), for the Supply and Delivery of One New Current Model Year Road Grader, including a trade -in on the City's 2002 Volvo 740VHP be accepted; 3. That the total gross project cost of $249,583.00 (HST included), including the quotation amount and other associated costs, and the total net project cost of $224,757.00 (net of HST rebate) be approved; 4. That Council authorize the (Acting) Division Head, Finance and Treasurer to finance the net project cost of $224,757.00 as follows: a) that the sum of $220,000.00, be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed five years, at a rate to be determined; b) that the sum of $4,757.00 be funded from property taxes; c) that the annual repayment charges in the approximate amount $47,000.00 be included in the annual Current Budget for the City of Pickering, commencing in 2014 and continuing thereafter until the debenture financing is repaid; and any financing cost to be paid out of the Current Budget; Joint Planning & Development and ' - Executive Committee Meeting Minutes PI Monday June 10, 2013 7:00 pm - Council Chambers Chair: Councillor Pickles 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 5. Director, Engineering & Public Works, Report PW 05 -13 Supply and Delivery of One New 41,000 LB. GVW Dump Truck with Snow Plow and Wing - Quotation No. Q -22 -2013 Recommendation Moved by Councillor O'Connell Seconded by Councillor Ashe That Report PW 05 -13 of the Director, Engineering & Public Works regarding the Supply and Delivery of One New 41,000 LB. GVW Dump Truck with Snow Plow and Wing be received; 2. That Quotation No. Q -22 -2013, as submitted by Tallman Truck Centre Limited for the Supply and Delivery of One New 41,000 LB. GVW Dump Truck with Snow Plow and Wing in the amount of $211,310.00 (HST included) be accepted; 3. That the total gross project cost of $212,440.00 (HST included) and a net project cost of $191,309.00 (net of HST rebate) be approved; 4. That Council authorize the (Acting) Division Head, Finance &Treasurer to finance the project as follows; a) that the sum of $190,000.00 be financed by the issue of debentures through the Regional Municipality of Durham for a period not exceeding five years, at a rate to be determined; b) that the balance of $1,309.00 be funded from property taxes; c) that the annual repayment charges in the approximate amount of $41,000.00 be included in the annual Current Budget for the City of Pickering commencing in 2014 and continuing thereafter until the debenture financing is repaid and any financing cost to be paid out of the Current Budget; 5 City 4 _ Joint Planning & Development and Executive Committee Meeting Minutes Al Monday June 10, 2013 7:00 pm - Council Chambers Chair: Councillor Pickles 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. Carried 6. Director, Corporate Services & City Solicitor, Report FIN 14 -13 Section 357/358 of the Municipal Act— Adjustment to Taxes Recommendation Moved by Councillor O'Connell Seconded by Councillor Ashe 1. That Report FIN 14 -13 of the Director, Corporate Services & City Solicitor 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 7. Director, Corporate Services & City Solicitor, Report FIN 15 -13 Development Charges — Annual Indexinq Recommendation Moved by Councillor O'Connell Seconded by Councillor Ashe 1. That Report FIN 15 -13 of the Director, Corporate Services & City Solicitor be received; 2. That effective July 1, 2013 as provided for in Section 16 of By -law 6978/09, the Development Charges referred to in Sections 6 and 11 of that By -law be increased by 0.8 percent; and, IX 0 Joint Planning & Development and Executive Committee Meeting Minutes Monday June 10, 2013 7:00 pm - Council Chambers Chair: Councillor Pickles 3. That the appropriate officials of the City of Pickering be given authority to give effect thereto. Carried Director, Corporate Services & City Solicitor, Report FIN 16 -13 2013 Property and Liability Insurance Renewal (Six Months) Discussion ensued with questions raised regarding pooling and whether this had been looked into for cost savings. It was also questioned when this last went out to tender, and the City's policy in this regard. It was also questioned how many claims the City has processed. Recommendation Moved by Councillor O'Connell Seconded by Councillor Ashe That Report FIN 16 -13 of the Director, Corporate Services & City Solicitor regarding the insurance renewal be received; 2. That the City of Pickering renew its property, liability and other insurance policies through the Frank Cowan Company for the period July 1, 2013 to January 1, 2014 in the amount of $391,913 ( plus applicable taxes) and inclusive of terms and conditions acceptable to the (Acting) Division Head Finance & Treasurer; 3. That L.V. Walker & Associates be confirmed as the City's Adjuster of Record for property, liability and other insurance and related matters; 4. That the (Acting) Division Head, Finance & Treasurer be authorized to settle any claims including any adjusting and legal fees, where it is in the City's interest to do so; 5. That the (Acting) Division Head, Finance & Treasurer be authorized to purchase additional insurance, make changes to deductibles and existing coverages, and alter terms and conditions as becomes desirable or necessary in order to limit potential liability exposure and to protect the assets of the City and its elected officials and staff; and, 7 Joint Planning & Development and Executive Committee Meeting Minutes PICRFRING Monday June 10, 2013 7:00 pm - Council Chambers Chair: Councillor Pickles 6. That the appropriate officials be authorized to take the necessary actions to give effect thereto. Carried Part A - Planning & Development Committee Reports Director, City Development, Report PLN 14 -13 Zoning By -law Amendment Application A 3/13 OPB Realty Inc. (Pickering Town Centre) 1355 Kingston Road No members of the public appeared in support of or opposition to the report. Recommendation Moved by Councillor O'Connell Seconded by Councillor Dickerson That Zoning By -law Amendment Application A 3/13, submitted by OPB Realty Inc., to permit a seasonal outdoor Farmers' Market use on lands municipally known as 1355 Kingston Road, be approved, and that the draft zoning by -law, as set out in Appendix I to Report PLN 14 -13 be forwarded to City Council for enactment. Carried 2. Director, City Development, Report PLN 16 -13 Official Plan Amendment Application OPA 12 -002 /P Draft Plan of Subdivision Application SP- 2012 -02 Draft Plan of Condominium Application CP- 2012 -03 Zoning By -law Amendment Application A 5/12 Nanak Creations Inc. Part of Lot 1, Plan 388 and Block 39, Plan 40M -2086 (283 -299 Finch Avenue) Discussion period ensued. Councillor Pickles questioned the water issues in the area of Shadow Place and whether this had been resolved. Staff were requested to look into this to ensure there are no other drainage concerns in this area. Recommendation Moved by Councillor McLean Seconded by Councillor Dickerson 0 aw, Joint Planning & Development and Executive Committee Meeting Minutes 4 Monday June 10, 2013 7:00 pm - Council Chambers Chair: Councillor Pickles That Official Plan Amendment Application OPA 12- 002 /P, submitted by Nanak Creations Inc., on lands being Part of Lot 1, Plan 388 and Block 39, Plan 40M- 2086, to redesignate the subject lands from "Urban Residential Areas — Low Density Areas" to "Urban Residential Areas — Medium Density Areas ", be approved, as outlined in Appendix I to Report Number PLN 16 -13, and that staff be authorized to finalize and forward the draft by -law to adopt Amendment No. 24 to the Pickering Official Plan to Council for enactment; 2. That Draft Plan of Subdivision Application SP- 2012 -02, submitted by Nanak Creations Inc., on lands being Part of Lot 1, Plan 388 and Block 39, Plan 40M- 2086, to establish blocks for residential, road widening and 0.3 metre reserve uses as shown on Attachment #4 to Report Number PLN 16 -13, and the implementing conditions as set out in Appendix II, be endorsed; and 3. Further, that Zoning By -law Amendment Application A. 5/12, submitted by Nanak Creations Inc., to implement the Draft Plan of Subdivision SP- 2012 -02 and to permit the development of 23 townhouse units on a common element condominium road, be endorsed as outlined in Appendix III to Report Number PLN 16 -13, and that staff be authorized to finalize and forward an implementing Zoning By -law Amendment to Council for enactment. Carried (V) Other Business 1). Councillor Ashe requested information be provided with respect to the City of Pickering's requirements regarding deletion of emails and whether there is a retention period for retaining deleted emails. (VI) Adjournment The meeting adjourned at 8:05 pm. �7 :uua ul' 1 June 17, 2013 Delegations Eileen Higdon Re: Veridian Board David Coffin Re: Driveway /Boulevard and Street Parking Correspondence Corr. 20 -13 Jackie Tiedeman, Clerk Municipality of North Middlesex 229 Parkhill Main Street, Box 9 Parkhill, ON NOM 2K0 June 17, 2013 Pages Council Direction Required 29 -31 Correspondence received from Jackie Tiedeman, Clerk, Municipality of North Middlesex, seeking Council support for their Notice of Motion which states they are not a willing host community for Industrial Wind Turbine Projects. 2. Corr. 21 -13 Council Direction. Required Nicole Wellsbury 32 -63 Manager of Legislative Services /Deputy Clerk Town of Ajax 65 Harwood Avenue South Aiax, ON L1 S 21-19 Correspondence received from Nicole Wellsbury, Manager of Legislative Services /Deputy Clerk, Town of Ajax, seeking Council endorsement of their recommendations to request the Ontario Government to impose fair and efficient representation measures on the Regional Municipality of Durham. North TO Middlesex May 8, 2013 Premier Kathleen Wynne Legislative Building Queen's Park Toronto, Ontario M7A 1A1 Dear Ms. Wynne: TO: TO: Corr. ac)-(3 (:UhiR. FILE TAKE APR. ACT10N \ CCOfA.tJC.i � �irCC-E�pr. Reyv:,�rd - \) REC EiVED CITY OF PICKERING MAY 1 4 2013 Re: Motion of "Not a Willing Host Community" for IWT Projects CLERK'S OFFICE Please be advised that the Council of the Municipality of North Middlesex has unanimously passed the attached motion that we are "Not a Willing Host" community for Industrial Wind Turbine Projects. We are one of the many Ontario communities that have had no choice in the matter of whether we are willing and equipped to undertake having these mega projects invade and forever change the rural landscape of our community. Our municipality already has limited financial resources for maintaining our aging infrastructure and now we are being forced into straining these resources even further with having to hire solicitors, engineers and project co- ordinators, as small municipalities of our size do not have the human or economic resources to adequately deal with these highly technical projects in order to ensure our citizens are properly protected now and in the future. These projects are being forced onto communities with no regard on how this will impact these resources and more importantly the health and safety issues that are attributed to these IWT's. We are forwarding our motion to all Ontario municipalities, local M.P.P., Monte McNaughton and local M.P., Bev Shipley, as well as Ontario Progressive Conservative Leader, Tim Hudak and Ontario NDP Leader, Andrea Howarth for their support and endorsement. Sincerely, edeman Clerk Encls. MUNICIPALITY OF NORTH MIDDLESEX MOTION DATE: MAY 6, 2013 MOVED BY COUNCILLOR CORNELISSEN SECONDED BY COUNCILLOR MCLINCHEY WHEREAS the Premier of Ontario has recently conveyed the Governments desire to limit Industrial Wind Turbine (IWTj Projects to communities that are willing hosts; AND WHEREAS Council -for the Municipality of North Middlesex has received a clear message from its residents that they are not willing to host to IWTs in North Middlesex; AND WHEREAS Council for the Municipality of North Middlesex applauds the position taken by the Premier and the Government; AND WHEREAS Council represents all citizens within the Municipality, both those in favour of wind projects and those opposed. As a result, Council needs to maintain a fair and balanced viewpoint; AND WHEREAS council is very concerned that the Green Energy Act has substantially changed the rules for municipalities with respect to wind farm developments by removing municipal. control over development applications through the traditional zoning requirements under the planning act approvals for v:ind project developments are no.ti° controlled by the Ministry of Environment through the Renewable Energy Approval process, a legislative development that the council strongly opposes; AND WHEREAS Section 41 of the Electricity Act requires that a municipality provide to wind project developers without charge access to and use of its road for both construction and maintenance-of its turbines and electrical infrastructure, including transmission lines; AND WHEREAS future jobs of Ontario are going to hinge on efficient energy costs, by subsidizing the cost of energy by these wind projects, we are limiting the future growth of Ontario; THEREFORE based on the consistent position of Council for the Municipality of North Middlesex and the input received from the community regarding IWT's, the Province of Ontario and specifically the Ministry of Environment be now advised that the Municipality of North Middlesex is "NOT A WILLING HOST" for IWT's; AND THAT this resolution be circulated to Premier Kathleen Wynne, as well as to the Minister of Environment, Minister of Energy, Minister of Rural Affairs and to all Ontario municipalities for their support and endorsement. Mayor Town of By the Lake &RICINALTO: COPY T0: I— ill FILE TAKE APR. ACTION TOWN OF AJAX 65 Harwood Avenue South Ajax ON LI S 2H9 www.ajax.ca Co LUc, L_ i t ec t o v,, e(�i. , t Clerk Please be advised that at its meeting on May 13, 2013 the Council of the Town of Ajax adopted the following resolution: 1. That the Government of Ontario be requested to impose fair, effective and efficient representation measures on the Regional Municipality of Durham under the strictest of conditions. 2. That the Government of Ontario be requested to approve legislation that will require all municipalities in Ontario to undertake substantive representation reviews at least once in every three terms of Council (12, ,years) -and to implement the measures necessary to maintain fair and effective representation. 3. That this report be forwarded to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the leaders of the opposition parties and their municipal affairs critics, and all Durham Region MPPs. 4. That this report be forwarded to the Regional Clerk for distribution to all members of Regional Council. 5. That this report be circulated to lower -tier municipal councils in the Region of Durham with a request that its recommendations be fully endorsed. In addition the Town of Ajax respectfully requests that you include this item for endorsement on your next agenda. A copy of the staff report has been enclosed. if you require any additional information please do. not hesitate to contact Martin de. Rond, Director of Legislative & Information Services/Town Clerk, at 905 - 619 -2529 ext 3336 or martin.derond(a)-aiax.ca Sincerely Nicole Wellsbury Manager of Legislative Services /Deputy Clerk RECEIVED CITY OF PICKERING MAY 3 1 2013 CLERK'S OFFICE TOWN OF AJAX REPORT REPORT TO: Council 0 Town of By the Lake SUBMITTED BY: Martin de Rond, Director Legislative and Information Services Department SUBJECT: Durham Regional Council: The Need for Fair and Efficient Representation WARD(S): All DATE OF MEETING: May 13, 2013 REFERENCE: Various Reports and Presentations GGC, 2005/10/06, 2007/05/10, 2011/05105, Council, 2011/05/09 RECOMMENDATION: 1. That the Government of Ontario be requested to impose fair, effective and efficient representation measures on the Regional Municipality of Durham under the strictest of conditions. 2. That the Government of Ontario be requested to approve legislation that will require all municipalities in Ontario to undertake substantive representation reviews at least once in every. three terms of Council (12 years) and to implement -the measures necessary to maintain fair and effective representation. 3. That this report be forwarded to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the leaders of the opposition parties and their municipal affairs critics, and all Durham Region MPPs. 4. That this report be forwarded to the Regional Clerk for distribution to all members of Regional Council. 5. That this report be circulated to lower -tier municipal councils in the Region of Durham with a request that its recommendations be fully endorsed. BACKGROUND: Democracy "A form of government in which the supreme power is vested in the people. " (Webster's). Democracy: The Importance of Voter Equality and Representation-by-Population "Voter equality means that every Canadian's vote should have the same value... This principle is enshrined in the Canadian Constitution and is also referred to as `representation -by- population.' Representation -by- population stands as the most important legal principle to apply when designing electoral boundaries in Canada..... The principle ensures that all Canadians are treated as equals and taken into account by their political representatives." 1 1. Pal, M. and Molson, M., "Moving Toward Voter EqualiV, Mowat Centre, School of Public Policy and Governance, University of Toronto, November 2012, p 3. Subject: Durham Regional Council - The Need For Fair and Efficient Representation Page 2 Democracv: The Right to Fair Representation 'The principle of representation -by- population is widely seen as a cornerstone of most modern democracies... Citizens of democratic states tend to require compelling reasons to violate the principle.' Andrew Sancton, Professor of Political Science, Western University (UWO) ➢ Expert in the fields of Canadian local government and democratic representation.. ➢ Three -time member of the Federal Electoral Boundaries Commission for Ontario "One of the basic premises of representative democracy in Canada is what might liberally be termed 'electoral equality' - the belief that the geographic areas used to elect a representative should be reasonably balanced with one another in terms of population. "3 Robert Williams, Professor Emeritus, Political Science, University of Waterloo ➢ Pre - eminent consultant to Ontario municipalities on representation issues.. The Supreme Court of Canada and the Right to "Effective Representation" The 1991 Supreme Court of Canada "Carter Decision" (Reference re Prov. Electoral Boundaries (Sask.), [1991] 2 S.C.R. 158) is the acknowledged authority on the responsibility entrusted to our elected officials to respect the democratic rights of all electors and has established an ethical base that is used to guide representation reviews at all levels of government in Canada. Although not binding on municipalities, the Carter Decision principles have been referenced in numerous municipal council representation studies and Ontario Municipal Board decisions. In its decision, the Court noted that "absolute voter parity, where all electoral districts would contain exactly the same number of electors, is an impossible objective. Instead, the Court maintained that electors are entitled to "effective representation." This principle recognizes that variances from the normal representation -by- population (rep -by -pap) objectives are legitimate and often necessary, on the basis that "...geography, community history, community interests and minority representation may need to be taken into account to ensure that our legislative assemblies effectively represent the diversity of our social mosaic. "(p. 33) Beyond these justified exceptions, however, the decision identified the "relative parity of voting power" as the primary condition of effective representation (p. 32) and stated that the "dilution of one citizen's vote as compared with another's should not be countenanced." (p. 34) Also of importance to note, the Supreme Court's decision rejected the specious argument that historical anomalies and abuses can be used to justify continued anomalies and abuses. (p. 37) In other words, unjustified representation variances must be corrected - not perpetuated. The Commitment to Representation -by- Population in Canada and Ontario In order to measure and balance the right to "effective representation" against the common principles of. "voter equality ", " representation -by- population ", and the "relative parity of voting power ", representation reviews often apply a standard that allows the rep -by -pop .of any electoral district to vary by up to 25% from an "electoral quota" - typically an average that is determined by dividing the total electors in an area by the number of members to be elected within that area. This standard is now entrenched in the Federal Electoral Boundaries Readjustment Act (EBRA) [S.15 ' (2)]. The EBRA also requires electoral boundaries commissions for each province following each decennial (10 year) census (S. 3) to ensure that voter parity is regularly studied and maintained. 2. The Principle of Representation by Population in Canadian Federal Politics, Mowat Centre for Policy Innovation, March 2010. 3. ':... we think it is the last time`, Municipal World magazine, November 2012. Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 3 As required by the EBRA, the recent decennial Federal Electoral Boundaries Commission reports demonstrate the Federal Government's commitment to the principles of voter equality and representation -by- population, primarily through the design of reasonably balanced federal election districts in every province and territory. The Province of Ontario also acknowledges this responsibility by using, for the most part, the same federal districts in provincial elections. The Regional Municipality of Durham's Serious Representation Issues 1. The Failure to Maintain Representation -by- Population The Ontario Municipal Act (s. 218 & 219) provides local councils with the authority to "change the composition of council". There is no mandatory responsibility, however, for local councils to maintain a fair and effective system of representation. This allows representation -by- population, the "cornerstone" of our democracy, to be placed at risk when there is an absence of the political will - and sometimes sacrifice - required to maintain it. The composition of the Council of the Regional Municipality of Durham falls far short of both the effective representation and rep -by -pop standards expected in a democracy. In the absence of any legitimate or compelling justification, Council's repeated refusal to adjust representation to reflect the strong but irregular population growth in the Region has resulted in some lower -tier municipalities gaining a substantial and entirely unjustified representation advantage. TABLE 1 - 2013 Region of Durham Council Representation by Population Munici p ali tY 2011 Po p ulation Regional Council Members Pop pe��eer., % of Pop % of Seats Brock 11;341 2 1:9% 7.1 Uxbridge 20,623 2 ,tgk"f'V 3_4% 7.1 Scugog 21,569 .2 3.6% 7.1% Oshawa 149,607 8 '" " = � 3,7 '_ 24.6% j 28.6% Pickering 88,721 4 ' " }., Q 14.6% 14.3% Clarington 84,548 3 13.9% 10.7% Whitby 122,022 4 �._ f3n O6t 20.1% 14.3% Ajax 109,600 3 18.0% 10.7% Durham 608,031 28 - X1;715` 100% 100% *Source: Statistics Canada Census 2. A Council That is Too Large and Costs Local Taxpayers Far Too Much In addition to restoring fair representation to all electors and taxpayers in the Region, the appropriate overall size and cost of Durham Regional Council must also be studied. This "efficiency" objective should identify a "right- sized" Council' composition that is smaller and costs much less, yet still enables members to act effectively in their collective legislative role and as individuals in their constituent service role. As Table 2 (p. 4) illustrates, the existing Region of Durham Council is unnecessarily large. The result is a basic governance cost for the 28 elected members that is nearly 2.5 times more per - capita than its most direct comparators, Peel and York Regions. Using these examples, even a comparatively modest 40,000 pop - per - member ratio in Durham Region suggests that a 15 member Council is sufficient. The viability of this much smaller Council is supported by Regional Council's apparent contentment with the pop - per - member ratio in .Ajax (36,533 in 2011; and soon to be more than 40,000). Using an estimated annual cost of $60,000 per member (base remuneration, plus approx $10,000 for costs such as benefits, conferences, travel, etc.), such a "right- sized" Council would save Regional taxpayers approximately $780,000 annually. Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 4 TABLE 2 - Regional Councils Comparison It is astounding to consider that York Region's population is 70% more than Durham's; yet Durham's Regional Council has 40% more members than York's. Attachment 1 (p. 16) provides the detailed compositions of the Peel, York and Durham Regional Councils and demonstrates that both the urban and rural lower -tier municipalities in Durham Region have more - and, in some cases, many more - Regional Council members per capita than is considered necessary in both Peel and York Regions. The History of Durham Regional Council Composition Changes Attachment 2 (p. 17) reviews the original composition of Regional Council in 1974 and the two representation adjustments made in 1986 and 1996. These adjustments demonstrated the commitment of those Councils to the principle of rep -by -pop by addressing representation imbalances that had occurred due to significant population growth in some, but not all, of the Region's lower -tier municipalities. Nevertheless, as Attachment 2 more fully explains, the 1996 "Regional Restructuring Committee" review employed a methodology and yielded a result that was neither the most fair or effective representation solution for the Region. The Regional Clerk's April 2011 review (Attachment 4, p. 23), while promoting a more balanced distribution of representation, is weakened considerably by its failure to examine the viability and benefits of substantial . reductions in the size of the Regional Council. Despite the extraordinary growth that has occurred in the Region since 1997, there have been no further changes to Council representation. As Table Ala (p. 17) demonstrates, the size and distribution of the Region's population in 2013 bears little resemblance to its origins of 40 years ago. Further, the unnecessary costs associated with the oversized Regional Council are proof that the existing system of representation - that is based only on a distant past - must be replaced with one that instead promises all present and future electors and taxpayers with the fair, effective and efficient representation that they expect and deserve. Regional Council's Repeated Reiections of a Representation Review, 2007 — 2012 The Council of the Regional Municipality of Durham has been aware of its significant representation imbalances for many years, but has repeatedly chosen to deny fair and effective representation for all electors and taxpayers in the Region. Attachment 3 (p. 19) to this report presents each of the detailed motions, and the associated recorded votes, considered during the past two terms of Regional Council. The following is a brief summary of this history: Peel York Durham 2011 Population (Census) 1,296,814 1,032,524 608,031 2013 Members (excluding Chair) 24 120 I 28 Population -per- Member 54,034 51,626 21,715 2012 Councillor Base Remuneration $50,400 $50,600 $50,200 Total Council Remuneration and Expenses, based on $60,000 Per Member Annually $1.44m $1.2m $1.68m Cost per capita $1.11 $1.16 $2.76 It is astounding to consider that York Region's population is 70% more than Durham's; yet Durham's Regional Council has 40% more members than York's. Attachment 1 (p. 16) provides the detailed compositions of the Peel, York and Durham Regional Councils and demonstrates that both the urban and rural lower -tier municipalities in Durham Region have more - and, in some cases, many more - Regional Council members per capita than is considered necessary in both Peel and York Regions. The History of Durham Regional Council Composition Changes Attachment 2 (p. 17) reviews the original composition of Regional Council in 1974 and the two representation adjustments made in 1986 and 1996. These adjustments demonstrated the commitment of those Councils to the principle of rep -by -pop by addressing representation imbalances that had occurred due to significant population growth in some, but not all, of the Region's lower -tier municipalities. Nevertheless, as Attachment 2 more fully explains, the 1996 "Regional Restructuring Committee" review employed a methodology and yielded a result that was neither the most fair or effective representation solution for the Region. The Regional Clerk's April 2011 review (Attachment 4, p. 23), while promoting a more balanced distribution of representation, is weakened considerably by its failure to examine the viability and benefits of substantial . reductions in the size of the Regional Council. Despite the extraordinary growth that has occurred in the Region since 1997, there have been no further changes to Council representation. As Table Ala (p. 17) demonstrates, the size and distribution of the Region's population in 2013 bears little resemblance to its origins of 40 years ago. Further, the unnecessary costs associated with the oversized Regional Council are proof that the existing system of representation - that is based only on a distant past - must be replaced with one that instead promises all present and future electors and taxpayers with the fair, effective and efficient representation that they expect and deserve. Regional Council's Repeated Reiections of a Representation Review, 2007 — 2012 The Council of the Regional Municipality of Durham has been aware of its significant representation imbalances for many years, but has repeatedly chosen to deny fair and effective representation for all electors and taxpayers in the Region. Attachment 3 (p. 19) to this report presents each of the detailed motions, and the associated recorded votes, considered during the past two terms of Regional Council. The following is a brief summary of this history: Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 5 May 30; 2007 - Regional Council Meeting A detailed and well justified Ajax Council proposal for a representation review was "received for information" only - meaning that no action was taken. October 29, 2008 - Regional Council Meeting A motion which described the existing and growing representation disparity across the Region and proposed, very generously, that any representation adjustments would not take effect until the 2014 elections was defeated. December 10, 2010 - Regional Council Meeting At the very outset of the, new term of Council, Regional Chair Roger Anderson's Inaugural Address included this statement: "As a Council, I believe there are some vital issues that need our immediate attention... A pressing issue is to review representation on Regional Council. We have a situation that has become increasingly unbalanced as Durham has grown. By dealing with these matters early in the term, the process to implement Council's desired changes can be completed in time for the 2014 election." April 27 - 29, 2011 - Regional Council Strategic Planning Session A presentation by the Regional Clerk on "Regional Council Composition" (Attachment 4, p.23), provided elector and population data that clearly demonstrated the severity of the unfair representation. The presentation also identified adjustments that would substantially improve the representation -by- population balance on Regional Council. Despite this compelling information, Regional Council gave no indication that it was willing to initiate any measures that would address the unfair representation issue. June 8, 2011 - Regional Council Meeting Following up on the Regional Clerk's April presentation, a motion that offered a very conciliatory approach to addressing the unfair representation issue, including continuation of the two member allocations allowed for each of the three Townships, was defeated by Council: October 31, 2012 - Regional Council Meeting Regional Council approved the recommendations in Report 2012 -A -42 which authorized a submission to the Federal Electoral Boundaries Commission for the Province of Ontario that proposed a "reasonable alternative" to the federal riding boundaries being recommended across the Region. The great irony, of course, is that Regional Council was willing to invest far more time and concern in challenging the proposed federal electoral districts than it has given to the obvious and longstanding representation flaws that exist within its own Council Chambers. December 12, 2012 - Regional Council Meeting At the mid -point of the four year term of Council, and with no commitment to addressing the representation issue in place, yet another proposal seeking a representation review was defeated at both the Finance and Administration Committee (Nov. 13, 2012) and subsequently at Regional Council (Dec. 12, 2012). Once again, a majority of the Council decided that the matter did not even merit a formal review. Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 6 The Impact of Population Growth on Representation Since 1996 TABLE 3 - Durham Region Population Growth 1996 — 2011 1996 2001 2006 2011 Growth 1996 -2011 Ajax 64,430 73,7531 90,167 109,600' 45,;'1 7d t7b:! ' Brock 1 11,705 12,1101 11,979 11,341 -364 ( -3.2 %) Clarington 60,6151 69,8341 77,820 84,548 ;23;933` X39:5. °lA) Oshawa 134,3641 139,0511 141,590 149,6071 15,243 (11.3 %) Pickering 78,9891 87,1391 87,838 88,7211 9,732 (12.3 %) Scugog [ 18,8371 20,1731 21,439 21,5691 2,732 (14.5 %)) Uxbridge 15,882 17,377 19,169 20,623 4,741 (29.9 %) [Whitby 73,794 87,413 111,1841. 122,0221 481228` (65.4 %) [Durham 458,616 506,8501 561,1861 608,031 149,415 (32.58 %) Source: Statistics Canada Census Table 3 illustrates the population growth in each of Durham's lower -tier municipalities since the last Regional Council restructuring occurred in 1996. A simple review of the data reveals several interesting facts: > 78% of the total growth in the Region during these 15 years occurred in Whitby, Ajax and Clarington alone. Oshawa and Pickering have combined for only 17 %, with 5% occurring in Brock, Uxbridge and Scugog combined. ➢ In 2011, the combined population of Oshawa and Pickering was 238,328. They still have the same 12 members assigned in 1996. The combined population of Whitby, Ajax and Clarington in 2011 was 316,162 - nearly 80,000 residents (one -third more) than Oshawa and Pickering. Combined, they still have only 10 members. Whitby, Ajax and Clarington now comprise 52% of the entire Region population - but continue to have only 36% of the Council membership. r Brock, Uxbridge and Scugog, with a combined 2011 population of 53,533, continue to enjoy the same total representation of 6 members as the combined Ajax and Clarington population of 194,148. ➢ Ajax has over 20,000 more residents (24% greater population) than Pickering - yet Pickering has 4 members and Ajax 3. > Whitby's population has grown to the point where it is now 82% of Oshawa's - yet it still has only half the representation (4 members compared to 8 for Oshawa). ➢ Combined, Oshawa and the three Townships have one -third of the Region's population, but one -half of the votes on Regional Council. This over- representation provides a considerable and undeserved advantage in the Region's decision making. By any measure, Regional Council's failure to adjust representation to reflect the substantial but uneven population growth since 1996 has resulted in the extraordinary dilution of the voting power for the majority of the Region's electors, residents and taxpayers that live in the high - growth and now significantly under - represented municipalities of Whitby, Clarington and Ajax. Subject: Durham Regional Council - The Need For Fair and Efficient Representation Page 7 The remainder of this report will focus on quantifying the true scale of the electoral representation imbalance on the Durham Regional Council and identifying a fair and efficient solution. Should Representation be Based on Elector or Population Data? Since elector data is fairly proportional to population data (typically 65% - 75% of the population in any geographic area are eligible municipal electors), the same mathematical outcome will most likely occur regardless of which measure is used. Nevertheless, real or perceived variances that may exist in elector bases between different areas requires that a choice be made to use either elector or population data. As noted by Professor Robert Williams, the leading expert on local council representation reviews in Ontario, while legislation usually refers to electors, the emphasis on providing "effective representation" favours the use of population data. This preference recognizes that members of council serve not just electors but a much broader constituent base that includes business owners, youth, new residents, non - Canadian citizens, etc., who may not have voted in the previous election — or may not be eligible to vote at all — but many of whom are local residents and taxpayers and certainly regarded as members of the community.4 As a result, the analysis in the remainder of this report will use population data only. 2013 Regional Council Representation by Population Table 4 is a modified version of Table 1 of this report (p. 3). The "relative parity of voting power" is evidenced in the "Pop- per - Member° column, with the noticeable representation distortions being further amplified in comparing the "% of Pop" and "% of Seats" columns. TABLE 4 - 2013 Regional Council Representation by Population *Source: Statistics Canada Census 4. Williams, Robert J. Town of Oakville Ward Boundary Review 2011— 2012, Interim Report, November 2011, S. 7.a `?he Overriding Principle of Effective Representation" 2011 Population* Council Members Pop -per- Member (2011) % of Pop % of Seats Variance from Avg (100% = 21,715) Brock 11,341 2 5,671 1.99/6 7.1% 261% Uxbridge 20,623 2 10,312 3.4% 7.1% 47.5% Scugog 21,569 2 10,785 3.6% 17.1% 49.76/6 Oshawa 149,607 8 18,701 24.66/o 128.6% 86.1% Pickering 88,721 I 4 22,180 14.6% 143% 102.1% Cladngton 84,548 3 28,183 13.9% 10.7% 129.8% Whitby 122,022 4 30,506 20.1% 14.3% 140.5% Ajax 109,600 3 36,533 18.0% 10.7% 168.2% Durham 608,031 28 21,715 100% 100% I 100% *Source: Statistics Canada Census 4. Williams, Robert J. Town of Oakville Ward Boundary Review 2011— 2012, Interim Report, November 2011, S. 7.a `?he Overriding Principle of Effective Representation" Subject: Durham Regional Council - The Need For Fair and Efficient Representation ( Page 8 Employing the Federal Government's EBRA maximum 25% variance rule (see p. 2) defines a range from 75% to 125% of the average population - per - member as providing "relative parity of voting power". However, if there are sufficient extraordinary or compelling reasons to justify it, variances outside this range - in particular those towards the lower end (less pop - per - member) - may be supported on the basis that they are necessary in order to provide "effective representation" to those areas. Before accepting this as a convenient justification for allowing each Township to have a second member, it is necessary to first examine the substantial representation imbalance that exists across the entire Region (from a pop -per- member of 5,671 in Brock to 36,533 in Ajax). That 52% of the entire Region population is significantly under- represented (Clarington, Whitby and Ajax are all more than 25 % above the average), demands a thorough investigation that will determine the most fair solution for the entire Region. The methodologies used in the formal 1996 review and the informal 2011 Regional Clerk's review were both weighted to maintaining enhanced representation for the 9% of the. Region population residing in the three Townships. It is more responsible, however, to first balance the representation for the 91% of the Region's population that live in the five homogenous "lakeshore /urban" municipalities. This approach is made imperative by the extremely unfair representation variance that presently exists across these municipalities, identified by the arrow in Table 4 (p. 7), with the highest pop - per- member amount (36,533 in Ajax) being 95% greater than the lowest (18,701 in Oshawa). Put another way, Oshawa is being allowed to have twice as many members per population as Ajax. The real impact of this glaring injustice is gained by re- visiting the Pal and Molson excerpt on "voter equality" found at the bottom of page 1. Voter equality and representation -by- population are the undeniable cornerstones of Canada's democracy. In contrast, however, Durham Regional Council is clearly supporting a system of representation that substantially favours Oshawa, Pickering and the three Townships at the expense of the electors and taxpayers in Ajax, Whitby and Clarington. Further, when comparing the five large, "lakeshore /urban" municipalities alone, surely there are no compelling minority, community or geographic differences that justify allowing or continuing the enhanced representation and voting power that benefits both Oshawa and Pickering at the expense of Whitby, Clarington and Ajax. Again, one must also keep in mind that this disturbing representation imbalance is aggravated by the fact that all of the Region's taxpayers are bearing the burden of a Council structure that is clearly larger and far more costly than it needs to be. 2017 Population Forecast Impacts on Representation As noted previously, Regional Council has been aware of the unfair representation problem for many years and has repeatedly refused to address it. Justification for this inaction has included the opinion that the current representation imbalances are only temporary, as future growth will correct or at least mitigate the problem. However, Prof. Williams again has strongly cautioned against giving future population projections much weight, if any, in representation rebalancing exercises.5 Important representation decisions should be based on factual and reliable census population data as population forecasts, no matter how sophisticated they may be, are essentially just rough estimates of when, where, and by how much population shifts may occur. The belief that Regional Council's gaping representation wound will be self- healing within a known length of time simply cannot be defended. First, as Table 5 (p.9) indicates, the Region's own and more reliable near -term population forecast (to 2017) predicts that the lakeshore /urban b. Williams, Robert J. "The Problem of f=uture Population Trends in Designing Ward Systems in Ontario." The Municipal Monitor, Association of Municipal Managers, Clerks and Treasurers of Ontario, Fall 2012, pp 17 -19. Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 9 representation injustice, that has been growing steadily since the last rebalancing of Council in 1996, is expected to become even worse. Secondly, as noted above, it is very unwise and contrary to best practices to make representation decisions solely on the basis of future population forecasts, as the reliability and accuracy of the data being predicted will almost certainly diminish in proportion to the length of time being forecasted. TABLE 5 - 1996 — 2011 "Representation Variance" and 2017 Population Forecast "Source: Statistics Canada Census ' o rcu ppion of u"'lrft' 2e( t# 01245 I The Current State of Durham Region Council Representation To summarize: ➢ Irregular population growth caused the re- balancing of Regional Council in both 1986 and 1996. These changes demonstrated the commitment of previous Councils to maintaining fair and effective representation. ➢ Since 1996, substantial population growth has occurred - with some municipalities again growing at much greater rates than others - resulting in a Regional Council composition that is obviously unfair and clearly in need of re- balancing. Population projections indicate that this injustice will get even worse in the coming years. > There are no "extraordinary circumstances" that justify the substantial representation imbalances that exist across the five "lakeshorelurban" municipalities that have 91% of the Region's population. ➢ Compared to Peel and York Regions, taxpayers across Durham Region are paying for .a Regional Council that is too large and costs far more than is necessary. > Regional Council's repeated refusal to provide a system of representation that is fair, effective and efficient for all electors and taxpayers in the Region is a rejection of the principle of representation -by- population as the cornerstone of Canadian democracy. Regionalpiat�o Council 1996 Pop- 2001 Pop- 2006 Pop- 2011 Pop 'F t�— Members per- Member per- Member per- Member per- Member01 2a 7. Brock 2 5,853 6,055 5,990 5,671 i9UD'50 Uxbridge 2 1 7,941 6,689 9;585 10,312 O� Scugog 2 9,419 10,087 10,720 10,785 Oshawa 8 16,796 17,381 17,699 18,7011920D ...�, Pickering 4 19,747 21 785 21,960 22,1801___I Clarington 3 20,205 23,278 25,940 28,183 �1, . Whitby 4 18,449 21,853 27,796 30,506,1300: i e0 Ajax 3 21,477 24,584 30,056 36,533 1�29;6fl13D0 Durham 28 16,379 18,102 20,042 21,715F 2,33 9 "Source: Statistics Canada Census ' o rcu ppion of u"'lrft' 2e( t# 01245 I The Current State of Durham Region Council Representation To summarize: ➢ Irregular population growth caused the re- balancing of Regional Council in both 1986 and 1996. These changes demonstrated the commitment of previous Councils to maintaining fair and effective representation. ➢ Since 1996, substantial population growth has occurred - with some municipalities again growing at much greater rates than others - resulting in a Regional Council composition that is obviously unfair and clearly in need of re- balancing. Population projections indicate that this injustice will get even worse in the coming years. > There are no "extraordinary circumstances" that justify the substantial representation imbalances that exist across the five "lakeshorelurban" municipalities that have 91% of the Region's population. ➢ Compared to Peel and York Regions, taxpayers across Durham Region are paying for .a Regional Council that is too large and costs far more than is necessary. > Regional Council's repeated refusal to provide a system of representation that is fair, effective and efficient for all electors and taxpayers in the Region is a rejection of the principle of representation -by- population as the cornerstone of Canadian democracy. Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Pagel 0 Determining Fair and Effective Representation for All of Durham Region in 2013 As noted previously, in order to provide fair and effective representation across the entire Region, the methodologies used in the 1996 representation review and the Regional Clerk's 2011 presentation must be replaced. First and foremost, it must be acknowledged that an upper -tier Council composition review relies primarily on a mathematical exercise that will calculate the fair allocation of representation. Unlike a local representation review, where the number of wards and their boundaries may be endlessly reconfigured in the search for the "right' solution, the fixed boundaries of the lower -tier municipalities do not allow for similar creative or flexible solutions in upper -tier reviews. Also, the presumption of enhanced representation for some municipalities must not be built into the basic formula. Instead, it is imperative that the most fair composition of council - without any consideration .for enhanced representation - be calculated first, as these results may yield a solution that is both fair and acceptable to all. It is only after these results are known that the need and amount of enhanced representation for deserving lower -tier municipalities should be decided. Another approach may be a "hybrid" model, where the calculations for the municipalities with no legitimate claim to enhanced representation are done in isolation to avoid these results being affected by data from municipalities that are likely to receive enhanced representation considerations. Finally, as the examples of Peel and York Regions easily show (Table 2 p. 4, and Attachment 1 p.16), the population - per - member ratio in Durham Region should be increased substantially - with the result being a corresponding reduction in the size and cost of the Regional Council. To assist with the establishment of the appropriate guiding principles, it may be helpful to first examine some "fair ", but likely undesirable, solutions, Tables 6a (below) and 6b (p. 11) illustrate "fair" representation solutions that would provide all five "lakeshore /urban° municipalities with the same pop -per- member representation currently enjoyed by Oshawa and Pickering, respectively. These models also retain the existing two member complements for each of the three Townships. While each of these solutions would be fair, the resulting 37 and 32 member Council scenarios would almost certainly be rejected due to their unwieldy size and the substantial costs involved with paying and supporting the additional members. Just as important, an expansion of Regional Council would likely cause significant council composition, financial and other impacts for the local municipalities that are assigned the additional members. TABLE 6a - "Fair" Representation Based on the Current Pop -per- Member of Oshawa *Source: Statistics Canada Census **Brock, Uxbridge and Scugog maintain enhanced representation of two members each 2011 Population` #Members_@ 18;701 per Brock 11,341 0.6 = 2 ** Uxbridge 20,623 1.1 = 2 ** Scugog 21,569 1.2 = 2 ** Clarington 84,548 4.5 = 5 Pickering 88,721 4.7 = 5 Ajax 109,600 5.9 = 6 Whitby 122,022 6.5 = 7 Oshawa. 149;6017 _ _8 Durham 608,031 37 *Source: Statistics Canada Census **Brock, Uxbridge and Scugog maintain enhanced representation of two members each Subject: Durham Regional Council - The Need For Fair and Efficient Representation 1, Page 11 TABLE 6b - "Fair" Representation Based on the Current Pop- per - Member of.Pickering *Brock, Uxbridge and Scugog maintain enhanced representation of two members each Guiding Principles For a Regional Council Representation Review Having established that Regional Council bears an ethical responsibility to provide fair and effective representation, and that the current composition of the Council is too large and costly, a credible review of Durham Regional Council representation should employ the following guiding principles (listed in order of importance): All electors, residents and taxpayers in the Region must be valued equally. In particular, the rep-by -pop objectives of "voter equality" and "relative parity of voting power" are best achieved by identifying the smallest possible representation variance across the five °lakeshore /urban" municipalities that account for 91 % of the Region's total population. 2. The total size of Council cannot be arbitrarily decided in advance (as was done in the 1996 restructuring). Instead, the determination of a fair, effective and efficient Council size and distribution of representation is best determined by applying a population -per- member ratio of 40,000 to the five "lakeshore /urbari" municipalities. This ratio is supported by the following: > Through its inaction, Regional Council clearly believes that the existing pop -per- member ratio of 36,533 in Ajax is reasonable; making it logical to expect that this standard should also be suitable for the Region's other "lakes hore /urban' municipalities; > the pap -per- member ratio in Ajax will be more than 40,000 by the 2014 term of Council; 5 the ratio is still 20 - 25% below the pop - per - member ratios in both York and Peel Regions. > York Region has a simple and much more efficient representation model (p 16). On behalf of its taxpayers, Durham Regional Council should be motivated to take a similar approach. 3. Identification of any "extraordinary circumstances" or "compelling reasons" (community of interest, geography) that would legitimately justify the provision of enhanced representation to any municipality in the Region. Since there are no Justifiable or compelling reasons to give enhanced representation to any of the five lakeshore /urban municipalities, this debate should focus on whether enhanced representation for the three Townships is deserved - and., if so, determine the most effective way to incorporate this into Regional Council. Another perspective is to simply ask: "If Durham Regional Council was being created for the first time in 2013, how would representation be distributed?' Set against this standard, the current composition of council would be easily rejected on the basis that it is unfair, too large and would cost far more than is necessary. 2011 Population # Memte�s2,18Qer�- Brock 11,341 0.5 = 2* Uxbridge 20,623 0.9 = 2* Scugog 21,569 1.0 = 2* Clarington 84,548 3.8 = 4 `- 3,- Ajax 109,600 4.9 = 5 Whitby 122,022 5.5 = 6 Oshawa I 149,607 i 6.7 = 7 Durham 608,031 32 *Brock, Uxbridge and Scugog maintain enhanced representation of two members each Guiding Principles For a Regional Council Representation Review Having established that Regional Council bears an ethical responsibility to provide fair and effective representation, and that the current composition of the Council is too large and costly, a credible review of Durham Regional Council representation should employ the following guiding principles (listed in order of importance): All electors, residents and taxpayers in the Region must be valued equally. In particular, the rep-by -pop objectives of "voter equality" and "relative parity of voting power" are best achieved by identifying the smallest possible representation variance across the five °lakeshore /urban" municipalities that account for 91 % of the Region's total population. 2. The total size of Council cannot be arbitrarily decided in advance (as was done in the 1996 restructuring). Instead, the determination of a fair, effective and efficient Council size and distribution of representation is best determined by applying a population -per- member ratio of 40,000 to the five "lakeshore /urbari" municipalities. This ratio is supported by the following: > Through its inaction, Regional Council clearly believes that the existing pop -per- member ratio of 36,533 in Ajax is reasonable; making it logical to expect that this standard should also be suitable for the Region's other "lakes hore /urban' municipalities; > the pap -per- member ratio in Ajax will be more than 40,000 by the 2014 term of Council; 5 the ratio is still 20 - 25% below the pop - per - member ratios in both York and Peel Regions. > York Region has a simple and much more efficient representation model (p 16). On behalf of its taxpayers, Durham Regional Council should be motivated to take a similar approach. 3. Identification of any "extraordinary circumstances" or "compelling reasons" (community of interest, geography) that would legitimately justify the provision of enhanced representation to any municipality in the Region. Since there are no Justifiable or compelling reasons to give enhanced representation to any of the five lakeshore /urban municipalities, this debate should focus on whether enhanced representation for the three Townships is deserved - and., if so, determine the most effective way to incorporate this into Regional Council. Another perspective is to simply ask: "If Durham Regional Council was being created for the first time in 2013, how would representation be distributed?' Set against this standard, the current composition of council would be easily rejected on the basis that it is unfair, too large and would cost far more than is necessary. Subject: Durham Regional Council - The Need For Fair and Efficient Representation Page 12 The Fair, Effective and Efficient Representation Solution for the Region of Durham The shaded area in Table 7 applies all of the facts, principles and logic put. forward in this report to determine the most,fair, effective and efficient representation solution for the entire Region of Durham in 2013. TABLE 7 - Comparison of Existing Representation and the Fair Representation Solution Applying a population -per member ratio of 40,000 to all five of the "lakeshore /urban" municipalities - together with guaranteeing each Township at least one representative - results in a 17 member Regional Council. As depicted by the arrows in Table 7, this ,solution dramatically improves the pop -per- member representation variance, from 95% to 21 %. Most importantly, by satisfying both the representation -by- population and the effective representation tests, this outcome gives each municipality the representation that it truly deserves. Due to their significantly lower pop - per - member ratios, providing each Township with only one member - likely to be the Mayor — easily satisfies the fair representation standard for each. Meanwhile, the total of three members for the combined Township, populations (53,533) provides them collectively with an enhanced and "effective" level of representation when compared to each of the five large municipalities. Adding or subtracting even one member from any of the five "lakeshore /urban" municipalities will result in a pop - per - member ratio for that municipality that is outside the identified range (36;533 to 44,361) and would cause the representation variance across the five municipalities to be much greater than the 21 % variance identified in the 17 member solution. Table 8 (p.13) validates the 17 member council proposal. In comparison to the existing circumstances detailed in Table 4 (p. 7), the variance between the "% of Pop" and "% of Seats" columns for all eight municipalities is much smaller. Over - representation is limited to the three townships only and these impacts are both lessened and more evenly shared by the larger municipalities. The far right -hand column also confirms the very well balanced "relative parity of voting power" across the five "lakeshore /urban" municipalities (92.2% to 112.0 %). 2011 Existing RepIlemers @��?,000 Actual Pop;R Population Pop - per - Member Pts pe Mem ev per- Member ' Brock 11,341 2 1 5,671 0 3 = 1 I Uxbridge 20,623 2 1 10,312 0x� 20,1 v Scugog 21,569 2 10,785 01 21,569; Clarington 84,548 3 28,183 Pickering 88,721 4 22,180 T. 22 44;561 Ajax 109,600 3 36,533 _ 7=3 3" Whitby 122,022 4 30,506 3 �74y Oshawa 149,607 8 18,701 Durham 608,031 28 21,715 I� -� 17 Applying a population -per member ratio of 40,000 to all five of the "lakeshore /urban" municipalities - together with guaranteeing each Township at least one representative - results in a 17 member Regional Council. As depicted by the arrows in Table 7, this ,solution dramatically improves the pop -per- member representation variance, from 95% to 21 %. Most importantly, by satisfying both the representation -by- population and the effective representation tests, this outcome gives each municipality the representation that it truly deserves. Due to their significantly lower pop - per - member ratios, providing each Township with only one member - likely to be the Mayor — easily satisfies the fair representation standard for each. Meanwhile, the total of three members for the combined Township, populations (53,533) provides them collectively with an enhanced and "effective" level of representation when compared to each of the five large municipalities. Adding or subtracting even one member from any of the five "lakeshore /urban" municipalities will result in a pop - per - member ratio for that municipality that is outside the identified range (36;533 to 44,361) and would cause the representation variance across the five municipalities to be much greater than the 21 % variance identified in the 17 member solution. Table 8 (p.13) validates the 17 member council proposal. In comparison to the existing circumstances detailed in Table 4 (p. 7), the variance between the "% of Pop" and "% of Seats" columns for all eight municipalities is much smaller. Over - representation is limited to the three townships only and these impacts are both lessened and more evenly shared by the larger municipalities. The far right -hand column also confirms the very well balanced "relative parity of voting power" across the five "lakeshore /urban" municipalities (92.2% to 112.0 %). Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 13 TABLE 8 - Validation of the 17 Member Council Fair Representation Solution An Optimal, "Right- Sized" Regional Council The primary outcome of a council composition review must be the achievement of a fair and effective system of representation. An equally achievable goal is finding the optimal or "right - size" for the entire Council. As Table 9 illustrates, Durham constituents should expect to be served very effectively by a 17 member council, as the increase to an average pop -per- member of 35,767 is still only two- thirds of that currently being served by both Peel and York Regional Councillors. In fact-this new ratio would close only half of.the gap between the current pop-per - member in Durham (21,715) and those of Peel and York (both over 51,000). The new average pop -per- member would also be less than the existing. average in Ajax (36,533), an amount that Regional Council, through its inaction, seems to consider both fair and manageable. A substantial reduction in Durham Region's council size is validated, again, by the York Region model which has significantly higher, yet presumably effective, population -per- member ratios. For instance, Vaughan (pop 288,000) has only 4 members of Regional Council and Newmarket (80,000) has 2 members. The Towns of Aurora (50,000) and Whitchurch- Stouffville (38,000), and the Townships of East Gwillimb.ury (22,000) and King (20,000), are all represented by their Mayor only. TABLE 9 - Regional Councils Comparison - Revised 2011 Council Pop -per- % of % of Variance from Average Population Members Member Pop Seats Lakeshore /Urban Pop- _ per- Member Brock 11,341 1 11,341 1.9% 5.9% 33.9% Uxbridge 20,623 1 20,623 3.4% 5.9% 52.1% Scugog 21,569 1 21,569 3.6% 5.9% 54.5% Ajax 109,600 3 36,533 18.0% 17.6% ' 92- Total Council Expenses @ $60,000 Per Member Annually $1.44m $1.2m $1.68m .? me Oshawa 149,607 4 37 402 0 24.6 /0 23.6%;t ..� 'CK $2.76 ,a Whitby 122,022 3 40,674 20.1% 17.6% 1 1Ao. Clarington 84,548 2 42,274 13.9% 11.8% Pickering 88,721 2 44,361 14.6% 11.8% - 9h72 %. Durham 608,031 17 35,767 100% 100% 100% determined by: 554,498 - 14 = 39,607 An Optimal, "Right- Sized" Regional Council The primary outcome of a council composition review must be the achievement of a fair and effective system of representation. An equally achievable goal is finding the optimal or "right - size" for the entire Council. As Table 9 illustrates, Durham constituents should expect to be served very effectively by a 17 member council, as the increase to an average pop -per- member of 35,767 is still only two- thirds of that currently being served by both Peel and York Regional Councillors. In fact-this new ratio would close only half of.the gap between the current pop-per - member in Durham (21,715) and those of Peel and York (both over 51,000). The new average pop -per- member would also be less than the existing. average in Ajax (36,533), an amount that Regional Council, through its inaction, seems to consider both fair and manageable. A substantial reduction in Durham Region's council size is validated, again, by the York Region model which has significantly higher, yet presumably effective, population -per- member ratios. For instance, Vaughan (pop 288,000) has only 4 members of Regional Council and Newmarket (80,000) has 2 members. The Towns of Aurora (50,000) and Whitchurch- Stouffville (38,000), and the Townships of East Gwillimb.ury (22,000) and King (20,000), are all represented by their Mayor only. TABLE 9 - Regional Councils Comparison - Revised Peel York Durham I _~ (Existing) lr _ 2011 Population 1,296.,814 1,032,524 608.,031 2013 Members 24 20 ` 28 ail t" (excluding Chair) Pop -per- Member 54,034 51,626 21,715 Total Council Expenses @ $60,000 Per Member Annually $1.44m $1.2m $1.68m .? me Cost per capita $1.11 $1.16 $2.76 ,a Subject: Durham Regional Council - The Need For Fair and Efficient Representation Page 14 Because the Region Refuses to Act..... The Province Must Early in each of the last two terms, Regional Council has been informed of the severe representation imbalance and advised that, in order to take effect in the next regular election, changes to Council composition must be finalized by December 31 of the year prior to the election. Therefore, in order to be in effect for the October 2014 elections, any changes to Regional Council and /or lower -tier Councils must be completed by December 31, 2013. Approval requires satisfaction of the "triple majority" criteria in the Municipal Act (S. 218 & 219), meaning that a majority of Regional Council plus a majority of the lower -tier councils (5 of 8) that also represent a majority of all the electors in the Region, must support the proposed changes. Regrettably, the time already lost from this term and Regional Council's most recent rejection of a review in December 2012 makes the ability to determine and approve changes at both the upper -tier — and, in particular, any ensuing changes then required at the lower -tier level — virtually impossible to achieve by the end of 2013. At this point, it would take the extraordinary will of Regional Council and the flawless cooperation of all lower -tier councils and the Ontario Government to expedite a correction of the representation injustices identified in this report by the end of 2013. Regional Council's refusal to act has caused unfair representation to persist through the 2010 and, now likely, 2014 election cycles. Given this history, Regional Council should not be expected or trusted to correct the representation imbalance during the 2014 - 2018 term, either. As a result, the best solution available at this time is for the Ontario Government to unilaterally impose a fair and effective composition of Durham Regional Council in time for the October 2014 elections. The Province should also amend the Municipal Act to require all municipalities, immediately following the 2014 elections, to undertake substantive representation reviews and implement the changes required to maintain fair and effective representation, at least once every three terms of Council (12 years). This review window should be deemed to commence on the date of the last election for which the local council composition was changed. To ensure compliance, these reviews and any composition changes . should also be subject to appeal to the OMB. FINANCIAL IMPLICATIONS: The primary purpose of this report has been to identify the significance and scope of the representation imbalance on Durham Regional Council and to propose a logical solution that will have all electors, residents and taxpayers in the Region treated fairly and with respect. Aside from restoring fair representation to Regional Council, the proposed 1.7 member solution also provides a substantial cost savings benefit to all taxpayers in the Region. The base remuneration for a member of Regional Council in 2012 (excluding the Regional Chair) was $50,200.00., Committee- chair stipends, expenses for pension, travel, conferences, etc., averaged an additional $3,230 per member. (Source: Region Report 2013 -F -16) Additional costs for insurance and health benefits, office support and supplies, technology devices, etc., as well as other intangible benefits that should result from a leaner decision - making structure, increase the cost of each member to at least $60,000 per year. Both York and Peel Regions have similar Council remuneration structures. Therefore, reducing Durham Council from 28 to 17 members would yield a savings to Region taxpayers of at least $660,000 annually. Given the cost savings and representation benefits that would result from a reduction in the size of Regional Council, the modest expense required to complete a proper representation study would be a very worthwhile investment. This report provides a considerable amount of the work involved and ought to save the Region both time and costs associated with such a review. Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 15 COMMUNICATION ISSUES: This report and Town Council's recommendations will be sent to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the leaders of the Ontario PC and NDP Parties and their municipal affairs critics, and to all Durham Region MPPs, with a specific request that the Government of Ontario immediately impose strict measures on Durham Regional Council that will provide fair, effective and cost - efficient representation for the Region's electors and taxpayers. In addition, it will be recommended that the Municipal Act be amended to require all municipalities to study and take the necessary action to maintain fair representation at regular intervals not to exceed every three terns of council (12 years). This report and Council's approved recommendations will be circulated to Regional Council in the continued hope that it will act to correct its flawed representation. All lower -tier Councils in the Region will receive the report with a request to endorse the Town's recommendations. The Town's Corporate Communications office will develop and implement an integrated communications strategy to inform and engage residents and key stakeholders of this matter. CONCLUSION: Representation on Durham Regional Council has become severely unbalanced due to the much greater population growth that has occurred in some municipalities over the past 16 years. In particular, the 52% of the Region's population that reside in Clarington, Whitby and Ajax are significantly under - represented and have become disadvantaged in the`. Region's decision - making and in their access to political representation. In addition, that York Region's population is 70% greater than Durham's, yet Durham has a Regional Council 40% larger than York's, provides a clear indication to local taxpayers that Durham's Regional Council is larger and much more costly than it needs to be. As noted by Professor Sancton, representation -by- population is the cornerstone of our cherished Canadian democracy (p. 2). Electors and taxpayers trust their elected representatives to serve them fairly'and with respect in all matters. Measuring voter equality is an important test of our elected members' commitment to providing good government. Through its stubborn refusal to maintain fair representation, Durham Regional Council has failed this test - far too many times. This deliberate and continuing refusal to act makes it necessary for the Government of Ontario to intervene in order-to ensure that fair, effective and cost - efficient representation is provided to all electors; residents and taxpayers in the Region of Durham. ATTACHMENT 1: Composition of Regional Councils in the Greater Toronto Area ATTACHMENT 2: "The History of Durham Regional Council Composition Changes" and "The 1996 Regional Restructuring Committee Review" ATTACHMENT 3: Region of Durham Council Consideration of Representation Reviews, 2007-2012 ATTACHMENT 4: "Regional Council Composition" Regional Clerk Presentation to Durham Regional Council, April 27, 2011 i ! M: de Rond, Director Legislative and Information Services Department Subject: Durham Regional Council - The Need For Fair and Efficient Representation ( Page 16 ATTACHMENT 1 Composition of Peel York and Durham Regional Councils REGION Population Regional Council Composition Population per Member 2011 Census PEEL 1,296,814 24 Members + the Chair 54,034 Mississauga 713,433 Mayor + 11 Regional Councillors 59,453 Brampton 523,911 Mayor + 6 Regional Councillors 74,844, Caledon 59,460 Mayor + 4 Regional Councillors 11,892 YORK 1,032,524 20 Members + the Chair 51,626 Markham 301,709 Mayor + 4 Regional Councillors 60,342 Vaughan 288,301 Mayor ± 3 Regional Councillors 72,075 Richmond Hill 185,541 Mayor + 2 Regional Councillors 61,847 Newmarket 79,978 Mayor + 1 Regional Councillor 39,989 Georgina 43,517 Mayor + 1 Regional Councillor 21,759 Aurora 53,203 Mayor 53,203 Whitchurch- Stouffville 37,628 Mayor 37,628 East Gwillimbury 22,473 Mayor 22,473 King 19,899 Mayor 19,899 DURHAM 608,031 28 Members + the Chair 21,715 Oshawa 149,607 Mayor + 7 Regional Councillors 18,701 Whitby 122,022 Mayor + 3 Regional Councillors 30,506 Ajax 109,600 Mayor + 2 Regional Councillors 36,533 Pickering 88,721 Mayor +. 3 Regional Councillors 22,180 Clarington 84,548 Mayor + 2 Regional Councillors 28,183 Scugog 21,569 Mayor + 1 Regional Councillor 10,785 Uxbridge 20,623 Mayor + 1 Regional Councillor 10,312 Brock 11,341 Mayor + 1 Regional Councillor 5,671 Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 17 ATTACHMENT 2 The History of Durham Regional Council Composition Changes The Regional Municipality of Durham was established in 1974 with a 30 member council, plus a Regional Chair. Representation for the five "lakeshorelurban" municipalities (Pickering, Ajax, Whitby, Oshawa and Clarington) was based on a rep -by -pop approach while the three northern townships (Scugog, Uxbridge and Brock) were provided enhanced representation of two members each. In its first 23 years (1974— 1997), Regional Council composition was modified twice, with each change correcting representation imbalances that had occurred -due to significant population growth in some _ but not all - of the Region's lower -tier municipalities: s In 1986, effective for the 1988 elections, by adding one member to each of Ajax and Whitby resulting in a 32 member Council, plus the Chair. ➢ In 1996, effective for the 1997 elections, by reducing the Oshawa complement by three members and Clarington's by one — resulting in a 28 member Council, plus the Chair. TABLE Ala - Durham Regional Council Composition, 1974 — 2013 *Source: Statistics Canada Census Changes are highlighted Despite the extraordinary growth that has occurred in the Region, there have been no changes to Council representation since 1997. Further, the size and distribution of the Region's population in 2013 bears little resemblance to its origins of 40 years ago. Accordingly, the existing system of unfair representation that is linked only to a distant past must be replaced with a Council composition that instead promises fair and effective representation to all of the Region's electors, residents and taxpayers in both the present and the future. The 1996 Regional Restructuring Committee Review The most recent adjustment to the composition of Regional Council occurred in 1996, when a "Regional Restructuring Committee" was established for the speck purpose of making recommendations to reduce the size of Council by 25 %, from 32 members to 24, in time for the 1997 elections. The committee was comprised of the, Regional Chair and one Regional Councillor appointed by each of the eight area municipalitis. A representative from the Ministry of Municipal Affairs and Housing assisted as a facilitator. Instead of favouring the "relative parity of voting power" (rep -by -pop) as the first condition of effective representation, the Committee used a formula designed primarily to justify and protect continuation of the enhanced two member representation for the three townships, while still reducing the overall size of Council. The two key flaws were: 1971 Population* 1974 -1988 Members 1988 -1997 Members 1997- Members 2011 1 Population* 1971-2011 I Growth Brock 7,6011 2 1 2 2 11,3411 3,740 ( 49.2 %) Uxbridge 9,5071 2 1 2 2 1 20,6231 11,116 (116.9 %) Scugog 9,732 2 2 2 21,569 11,837 (121.6 %) Ajax 17,3441 2 3 1 109,6001 92,256 (531.9 %) Whitby 1 25,3241 3 A -if- 4 1 122,022 96,698 (381.8 %) Pickering 1 25,730 4 1 .4 4 1 88,721 62,991 (244.8% Clarington ( 27,1981 4 1 4_ 85,548 58,350 (214.5 %) Oshawa 1 94,9941 11 1 11 149,607 54,613 ( 57.5 °!0)1 Region Total 1 217,4301 30 32 j =t 608,031 2190,601 179.6% *Source: Statistics Canada Census Changes are highlighted Despite the extraordinary growth that has occurred in the Region, there have been no changes to Council representation since 1997. Further, the size and distribution of the Region's population in 2013 bears little resemblance to its origins of 40 years ago. Accordingly, the existing system of unfair representation that is linked only to a distant past must be replaced with a Council composition that instead promises fair and effective representation to all of the Region's electors, residents and taxpayers in both the present and the future. The 1996 Regional Restructuring Committee Review The most recent adjustment to the composition of Regional Council occurred in 1996, when a "Regional Restructuring Committee" was established for the speck purpose of making recommendations to reduce the size of Council by 25 %, from 32 members to 24, in time for the 1997 elections. The committee was comprised of the, Regional Chair and one Regional Councillor appointed by each of the eight area municipalitis. A representative from the Ministry of Municipal Affairs and Housing assisted as a facilitator. Instead of favouring the "relative parity of voting power" (rep -by -pop) as the first condition of effective representation, the Committee used a formula designed primarily to justify and protect continuation of the enhanced two member representation for the three townships, while still reducing the overall size of Council. The two key flaws were: Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 18 i) The principle of rep -by -pop as a cornerstone of democracy was abandoned through the appointment of the eight lower -tier Mayors as equal "first members" - even though they represented communities with populations (in 1996) ranging from .12,000 to 134,000. ii) The Committee's arbitrary target council size of 24 members caused the remaining 16 seats (added to the eight Mayors), to be assigned on a "rep -by- elector" basis. The formula that was used caused fractional results that, when rounded, added two members and resulted in a final recommendation for a 26 member Council. As explained more fully following Table A2b (below), this flawed approach was compounded even further by the subsequent addition of two more seats (both to Oshawa), ultimately resulting in a total Council size of 28. In June 1996, Regional Council approved an. amended version of the Regional Restructuring Committee recommendations that resulted in a final reduction of Oshawa representation from 11 members to 8 - rather than to the 6 members recommended by the Committee. Further amendments proposed at that time, to increase the Ajax and Clarington complements each by one member and to reduce the representation in all three Township municipalities to their Mayor only, were all defeated. TABLE Alb - 1996 Reuional Restructuring Committee Methodology and Results Objective: Reduce 32 member Council by 25% (down to 24 members + Chair) 24 members - 8 Mayors = 16 members elected from 308,130 electors "308 130 Electors : 16 members = 19,258 electors-per- ember The final outcome of this dubious methodology and political manipulation was an only slightly smaller council size of 28 members (rather than the intended 24). In addition to the questionable assignment of "Mayors -as- equals ", the electors- per - member formula was not re- calculated based on the decision to add 20 members (rather than the original 16) to the eight Mayors. Had the original target been a 28 member council, instead of 24, the calculation would have been 308,130 electors _ 20 =.15,407 electors for each member. if each municipality's total electors had been divided by 15,407 - and the same "rounding" approach applied - in addition to their Mayors, both Ajax and Clarington should have been assigned three members (rounded up from 2.6) while the Oshawa complement should have been six, instead of the seven that were ultimately approved. Although that result would have yielded a 29 member Council (excluding the Chair), it would nevertheless have provided a better rep -by -pop balance than the one actually approved. Electors, (% of tottal) al) Members 'per 19,258 Electors* Committee Recommendation and % of total seats (26) , Final Council Approval and % of total seats (28) Oshawa 94,402 (30.6 %)I 4.9 5 + Mayor = 23.1 %i 7 + Mayor = 28.6% Pickering 49,343 (16.0 %) 2.5 3 + Mayor = 15.4 %1 3 + Mayor = 14.3% Whitby 47,410 (15.4 %) 2.5 3 + Mayor = 15.4 %1 3 + Mayor= 14.3% Ajax 40,734 (13.2 %) 2.1 2 + Mayor = 11.5 %1 2 + Mayor= 10.7% Clarington 1 40,193 (13.0 %) 2.1 2 + Mayor = 11.5 %I 2 + Mayor = 10.7% Scugog 14,735 (4.8 %) 0.8 1 + Mayor = 7.7 %1 1 + Mayor = 71 % Uxbridge 11,608 (3.8 %) 0.6 1 + Mayor = 7.7 %1 1 + Mayor= 7.1 % Brock 9,708 (3.2 %) 0.5 1 + Mayor = 7.7 %1 1 + Mayor = 7.1 % Region Total 308,130 (100%) 16 18 + 8 Mayors + Chair = 27 Member Council 20 + 8 Mayors + Chair = 29 Member Council The final outcome of this dubious methodology and political manipulation was an only slightly smaller council size of 28 members (rather than the intended 24). In addition to the questionable assignment of "Mayors -as- equals ", the electors- per - member formula was not re- calculated based on the decision to add 20 members (rather than the original 16) to the eight Mayors. Had the original target been a 28 member council, instead of 24, the calculation would have been 308,130 electors _ 20 =.15,407 electors for each member. if each municipality's total electors had been divided by 15,407 - and the same "rounding" approach applied - in addition to their Mayors, both Ajax and Clarington should have been assigned three members (rounded up from 2.6) while the Oshawa complement should have been six, instead of the seven that were ultimately approved. Although that result would have yielded a 29 member Council (excluding the Chair), it would nevertheless have provided a better rep -by -pop balance than the one actually approved. Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 19 ATTACHMENT 3 Region of Durham Council Consideration of Representation Reviews, 2007 - 2092 May 30, 2007 - Regional Council considered the following Ajax Council proposal and decided to "receive for information" only - meaning that no action was taken. 'WHEREAS necessary changes.to the Town of Ajax ward boundaries and possible changes to Council composition for the 2010, regular municipal elections are affected significantly by the number of Town of Ajax representatives on the Council of the Regional Municipality of Durham; WHEREAS 2006 Statistics Canada Census population statistics for Durham Region and the Regional Municipality of Durham's own population forecasts indicate that the current composition of Region Council is not representative of the populations in the Region rs lower -tier municipalities; WHEREAS the Town of Ajax has the highest population per Region Council member in the entire Region; BE IT RESOLVED THAT the Council of the Regional Municipality of Durham undertake immediately a review of census information and population forecasts and initiate the process required to approve changes to the composition of Region Council as outlined in the Municipal Act, 2001, as amended, and, THAT, to allow lower -tier municipalities to complete their own reviews and approve council composition and /or boundary changes by December 31, 2009 in order that all desired changes will be in effect for the 2010 regular elections, any changes to the composition of the Council of the Regional Municipality of Durham be approved no later than December 31, 2008; and, THAT the Region's review be guided by a committee comprised of the Region Chair and Mayors, or their designates; and, THAT, commencing with the 2010 regular municipal elections, Option 2 in Appendix 'B' to this report be recommended as the preferred composition of the Council of the Regional Municipality of Durham; and, THAT the Region of Durham adopt a policy requiring a review of Council representation and composition immediately following the publishing of the comprehensive national census population statistics every ten years; and, THAT all Durham Region municipal councils be requested to endorse this resolution." The votes of the individual members on the motion, together with their local municipality affiliation, are listed below YES (15); O'Connor and Grant, Brock Abernethy, Novak and Trim, Clarington Pidwerbecki, Oshawa, Ryan, Johnson and McLean, Pickering Pearce, Scugog Perkins, Drumm and Emm, Whitby Shepherd and Herrema, Uxbridge NO (10): Parish and Crawford, Ajax Gray, Cullen, Henry, Kolodzie, Lutczyk Neal and Nicholson, Oshawa Mitchell, Whitby ABSENT (3): Jordan, Ajax, Littley, Pickering McMillen, Scugog Subject: Durham Regional Council - The Need For Fair and Efficient Representation Page 20 October 29,'2008 — This motion, which accurately described the existing and growing representation disparity across the Region, was defeated even though it proposed that the necessary representation adjustments would not take effect until the 2014 elections. WHEREAS the original composition of Council of the Regional Municipality of Durham in 1974, the 1996 'Regional Restructuring Committee Report" - and the Regional Council and Government of Ontario approvals related thereto - established representation principles that form the basis for the fair composition of Regional Council; and, -WHEREAS the 2006 Statistics Canada Census and the population forecasts for Durham Region indicate that the current composition of Regional Council differs significantly from the populations of the Region's lower -tier municipalities and does not maintain the representation principles established for the fair composition of Regional Council; and, WHEREAS the Town of Ajax presently has the highest population per Regional Council member in the entire Region and by 2012 is predicted to have a population /member ratio that is nearly double the average for the Region and 25% greater than any other municipality; and, WHEREAS, according to the Region's population forecasts, if this matter remains unaddressed by Regional Council the electors and taxpayers of the Town of Ajax will continue to be under- represented and disadvantaged at Regional Council for the next fifteen years, or snore; and, WHEREAS the census and population forecast data indicate that other local municipalities in the Region, namely the Town of Whitby and the Municipality of Clarington, may have similar under - representation concerns, BE lT RESOLVED THAT the Council of the Regional Municipality of Durham undertake a Regional Council composition review that will consider all suitable representation options, and that this review be initiated by the end of 2008; and, THAT such review be completed by 2010 in order to be effective for the 2014 municipal elections. YES (8): Parish, Crawford and Jordan Ajax Henry and Kolodzie, Oshawa Johnson and Littley, Pickering Mitchell, Whitby ABSENT (2) Lutczyk, Oshawa Perkins, Oshawa NO (18): O'Connor and Grant, Brock Abernethy, Novak and Trim, Clarington Gray, Cullen, Neal, Nicholson and Pidwerbecki, Oshawa Ryan, and McLean, Pickering Pearce and McMillen, Scugog Drumm and Emm, Whitby Shepherd and Herrema, Uxbridge . December 10, 2010 — At the very outset of the new term of Council, Regional Chair Roger Anderson's Inaugural Address included this statement: "As a Council, I believe there are some vital issues that need our immediate attention..... A pressing issue is to review representation on Regional Council. We have a situation that has become increasingly unbalanced as Durham has grown. By dealing with these matters early in the term, the process to implement Council's desired changes can be completed in time for the 2014 election. " Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 21 April 27 - 29, 2011 — Regional Council Strategic Planning Session The Regional Clerk provided a presentation on "Regional Council Composition" .(Attachment 2), including elector and population data, that clearly demonstrated the severity of the unfair distribution of representation and identified adjustments that would improve the rep -by -pop balance on Regional Council. Despite this compelling information, Regional Council gave no immediate indication that it was willing to initiate any measures that would address the unfair representation issue. June 8, 2011 Regional Council Meeting Following up on the Regional Clerk's April presentation, this motion offered a conciliatory approach to addressing the unfair representation issue - and was soundly defeated by Council: WHEREAS a comprehensive review of the composition of Regional Council was last undertaken in 1998 with the establishment of a Regional Restructuring Committee; WHEREAS the Committee consisted of the Regional Chair and one member of Regional Council appointed by each area municipality and a representative from the Ministry of Municipal Affairs and Housing; WHEREAS the Regional Clerk's Department presented information during the April 27-29, 2011 Special Council Meeting that demonstrated inequitable citizen representation amongst the five urban Lakeshore municipalities; AND WHEREAS changes to the composition of Regional Council may necessitate changes to lower -tier Council composition and ward boundaries; NOW THEREFORE BE IT RESOLVED: THAT a Council Composition Review Committee be established and comprised of the Regional Chair and the Mayor's, or Council Designates, from each lower -tier municipality to address the issue of fair and equitable representation among the Lakeshore municipalities based on the understanding: ii) the size of Regional Council remain at a maximum of 28 members plus the Regional Chair; and iii) the three northern municipalities continue to be represented by two representatives each 2. THAT, to allow lower -tier municipalities to complete their own reviews and approve Council composition and /or boundary changes by December 31, 2013 in order that all desired changes will be in effect for the 2014 regular elections, the Committee will report its findinggs to the Council of the Regional Municipality of Durham no later than December 31, 2011; and 3. THAT the Region adopt a policy requiring a substantive review of Council representation and composition immediately following the publishing of the comprehensive national census population statistics every ten years, such next review to take place by December 31, 2021. YES (9): Parish, Collier and Jordan, Ajax Foster, Novak and Woo, Clarington O'Connell and Rodrigues, Pickering Mitchell, Whitby ABSENT (2): McLean, Pickering O'Connor, Uxbridge NO (17): Clayton and Bath, Brock Henry, Aker, Chapman, Diamond, England, Marimpietri, Neal and Pidwerbecki, Oshawa Ryan, Pickering Mercier and Drew, Scugog Perkins, Drumm and Coe, Whitby Ballinger, Uxbridge Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 22 October 31, 2012 - Regional Council Meeting Regional Council approved the recommendations in Report 2012 -A -42 which authorized a submission to the Federal Electoral Boundaries Commission for the Province of Ontario that proposed a "reasonable" alternative to the districts being recommended across the Region. The great irony, of course, is that Regional Council invested far more the time and concern in challenging the proposed federal electoral districts than it has given to the obvious and longstanding representation flaws that exist within its own Council Chambers. December 12, 2012 - Regional Council Meeting As the mid -point of the term of Council approached, and with no commitment to addressing the representation issue in place, the following resolution was presented and defeated at the Finance and Administration Committee (Nov. 13, 2012) and subsequently at Regional Council (Dec. 12, 2012). Once again, a majority of the Council decided that it was not even worthy to establish a committee to study the matter. "a) THAT leave 'be granted to re- introduce the matter of establishing a committee to review the composition of Council; b) THAT Council establish a committee to review the composition of Council; c) THAT the Committee consist of the Regional Chair and the eight Mayors or their designates, d) THAT the committee report back directly to Regional Council by April 2013, and e) THAT subject to the decision by Regional Council to change the size of Council, that the Minister of Municipal Affairs and Housing be requested to enact a regulation to authorize The Regional Municipality of Durham to exercise its power under Section 218 of the Municipal Act, 2001 in order to change the composition of Regional Council." YES (9): Parish, Collier and Jordan, Ajax McLean; O'Connell and Rodrigues, Pickering Mitchell, Whitby O'Connor, Ballinger, Uxbridge ABSENT (2): Foster, Clarington Chapman, Oshawa NO (17): Clayton and Bath, Brock Foster, Novak and Woo, Clarington Henry, Aker, Diamond, England, Marimpietri, Neal and Pidwerbecki, Oshawa Ryan, Pickering Mercier and Drew, Scugog Perkins, Drumm and Coe, Whitby Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 23 ATTACHMENT 4 "Regional Council Composition" Regional Clerk Presentation, Special Meeting of Durham Regional Council, April 27 - 29, 2011. REGIONAL COUNCIL COMPOSITION Special Council Meeting April 27 -2% 2011 Subject: Durham Regional Council - The Need For Fair and Efficient Representation Page 24 COUNCIL STRUCTURE - HISTORY The Region was established in 1974 with a 30 member Council, plus a Regional Chairman. The composition of Council has changed twice, from 30 members plus the Regional Chair in 1974, to 32.members plus the Regional Chair in 1989% to 28 members plus the Regional Chair in 1998**. kIn 1986, in response to Bill 22, the Regional Municipalities Amendment Act, Regional Council passed a resolutio n requesting the Minister to provide for the Towns of Ajax and Whitby to each have one additional representative on Regional Council effective December 1, 1988. * *In 1996, a Regional Restructuring Committee was established and on June 19, 1996 Regional Council approved the recommendations of the Committee, as amended, to provide for a Council of 28 members plus the Regional Chair. This was subsequent )y approved by the Ontario Legislature through an amendment to Bill 86, the Better Local Government Act, 1996. 2 COUNCIL STRUCTURE 1974 to 1988 1989 to 1997 1998 to Present AJAX 2 Members 3 Members 3 Members BROCK 2 Members 2 Members 2 Members CLARINGTON 4 Members 4 Members 3 Members OSHAWA 11 Members 11 Members 8 Members PICKERING 4 Members 4 Members 4 Members SCUGOG 2 Members 2 Members 2 Members UXBRIDGE 2 Members 2 Members 2 Members WHITBY 3 Members 4-Members .4 Members TOTAL 30 Members 32- Members 28 Members 3 Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 25 REGIONAL RESTRUCTURING COMMITTEE The Regional Restructuring Committee was established in 1996 as a result of the resolution passed by Council on September 22, 1995 to establish a special comrn>ittee to investigate reducing Councillor representation for the November 1997 IIection. The Committee consisted of the Regional Chair and one member of Regional Council appointed by each area municipality. The Committee also included a representative from the Ministry of Municipal Affairs and Housing, who acted as facilitator. The Final Report of the Regional Restructuring Committee recommended a Council composition of 26 members, plus the Regional Chair. The Committee recommended that the Mayors of each area municipality be members of Regional Council and that the Mayors be factored out of any equation used to determine the overall size and distribution of Regional Council. REGIONAL RESTRUCTURING COMMITTEE In determining the size and distribution of Regional Council, the Committee developed a formula using the number of electors in Durham Region in 1994 and a 25% reduction in the current size of Council. At that time the recommended composition was one Regional Councillor for every 19,258 electors. On June 19, 1996, Council approved the recommendations of the Regional Restructuring Committee, as amended, to provide for a Council composition of 28 members, plus the Regional Chair. The Restructuring Committee's recommended composition was amended by providing two additional members to the City of Oshawa. At the Council meeting, amendments were also proposed to add one additional member to both the Town of Ajax and Municipality of Clarington, and to provide for only one member from the combined municipalities of the Townships of Brock, Scugog and Uxbridge. These amendments were all defeated. Subject: Durham Regional Council - The Need For Fair and Efficient Representation Page 26 REr"RESEMA" I` ON BY ELECTORS The Regional Restructuring Committee Formula was based on representation by number of electors. This is a method by which seats are allocated in such a way as to vary with the number of electors and whereas the higher the number of electors in a municipality, the more seats allocated to that municipality. For example, utilizing a formula of the Mayor plus one Councillor for every 24,000 of eligible electors in the 2010 municipal elections, the composition of Regional Council would decrease to 27 members, plus the Regional Chair. The following chart outlines the distribution of members by area municipality based on this formula, with the assumption that each area municipality will be entitled to one Regional Councillor in addition to the Mayor. 6 REPRESENTATION BY M FC'I'ORS 2010 Electors 24,000 Electors Representation Change per Councillor AJAX 69,624 2.9 3 + Mayor + 1 BROCK 10,525 0.4 1 + Mayor - CLARINGTON 58,628 2.4 2 + Mayor - OSHAWA 110,947 4.6 5 + Mayor -2 PICKERING 65,273 2.7 3 + Mayor - SCUGOG 18,433 0.8 1 + Mayor - UXBRIDGE 16,203 0.7 1 + Mayor - WHITBY 82,623 3.4 3 +Mayor - DURHAM 432,256 18.0 19 + 8 Mayors - 1 Total — 27 Members of Council Assumptions: Mayor of each Area Munieipalin is a member of Rc4onal Counal _ Each Area'Municipality will hart a minimum of 1 Re&wd Couneillorin addition to chi Mayor 7. Subject: Durham Regional Council - The Need For Fair and Efficient Representation Page 27 RMPRESEMA110N B P�PTJLA'I'I N Since 2001, the issue of Council composition and future representation has been brought forward several times. At these times, the approach of representation by population has been discussed. Representation by population is a method by which seats are allocated in such a way as to vary with population. The higher the population of a municipality, the larger the number of seats allocated to that municipality. The following chart outlines the distribution of our current 28. members by area municipality based on a formula of the Mayor plus one Councillor for every 35,000 population, with the assumption that each area municipality will be entitled to one Regional Councillor in addition to the Mayor. s nPnSEN ATION B POPUL&TION 2010 35,000 Population Representation Change Population per Councillor AJAX 110,455 3.2 3 + Mayor + 1 BROCK 12,610 0.4 1 + Mayor - CLARINGTON 86,495 2.5 3 + Mayor +1 OSHAWA 152,495 4.4 4 + Mayor -3 PICKERING 90,765 2.6 3 + Mayor - SCUGOG 22,700 0.6 1 + Mayor - UXBRIDGE 21,405 0.6 1 + Mayor - WHITBY 124,495 3.6 4 + Mayor +1 DURHAM 621,420 17.8 20 + 8 Mayors - Total — 28 Members of Council Assiunptions: I. I\Savorof each Arca Municipaliry i, a mcmbcr of Rcs onal Council Each Lrcnl%lunicipnky Trill have a minimum of 1 ReDonal Councillor in addition to the \facer 9 Subject: Durham Regional Council - The Need For Fair and Efficient Representation POP ATION - HISTORICAL GROWTH Page 28 DURHAM 430,025 477,630 532,585 592,605 621,420 44.5 Population estimates as pro%4ded by the Regional Planning Department to the end of December. 10 OTHER REGIONAL MUNICIPALITIES Population Size of Council Representation Council Halton 492,100 20 members, Regional Chair plus Regional Mayor + 6 members - Burlington (7) Chair Mayor+ 6 members - Oakville (7) Mayor + 2 members - Halton Hills (3) Mayor + 2 members - Milton (3) Peel 1,307,768 24 members, Regional Chair ' plus Regional Mayor + 11 members - Mississauga (12) Chair Mayor + 6 members - Brampton (7) Mayor + 4 members - Caledon (5) It 1991 1996 2001 2006 2010 % Change AJAX 60,250 67,960 78,085 97,830 110,455 83.3 BROCK 11,500 12,160 12,590 12,420 12,610 9.7 CLARINGTON 52,605 63,310 73,285 81,750 86,495 64.4 OSHAWA 134,130 138,990 144,710 148,590 152,495 13.7 PICKERING 72,460 82,440 90,725 91,510 90,765 25.3 SCUGOG 18,535 19,485 21,195 22,595 22,700 22.5 UXBRIDGE 14,805 16,600 18,140 20,275 21,405 44.6 WHITBY 65,740 76,685 93,860 117,635 124,495 89.4 DURHAM 430,025 477,630 532,585 592,605 621,420 44.5 Population estimates as pro%4ded by the Regional Planning Department to the end of December. 10 OTHER REGIONAL MUNICIPALITIES Population Size of Council Representation Council Halton 492,100 20 members, Regional Chair plus Regional Mayor + 6 members - Burlington (7) Chair Mayor+ 6 members - Oakville (7) Mayor + 2 members - Halton Hills (3) Mayor + 2 members - Milton (3) Peel 1,307,768 24 members, Regional Chair ' plus Regional Mayor + 11 members - Mississauga (12) Chair Mayor + 6 members - Brampton (7) Mayor + 4 members - Caledon (5) It Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 29 York O'I`HER REGIONAL MUNICIPALl-, S Population Size of Council 1,061,983 20 members, plus Regional Chair Council Representation Regional Chair Mayor + 4 members - Markham (5) Mayor + 3 members - Vaughan (4) Mayor + 2 members - Richmond Hill (3) Mayor + 1 member - Georgina (2) Mayor+ 1 member - Newmarket (2) Mayor from each of Aurora, East Gwillimbury, King, and Whitchurch- Stouffville (4) Waterloo 543,700 15 members, Regional Chair plus Regional Mayor + 4 members - Kitchener (5) Chair Mayor + 2 members - Cambridge (3) Mayor + 2 members - Waterloo (3) Mayor from each of North Dumfries, Wellesley, Wilmot, and Woolwich (4) 12 AGING 'I HIE; COUNCIL STRUCTURE In order to change the composition of Council, a formal process is required to be followed in accordance with the Municipal Act, 2001. Regional Council is required to adhere to the following process: Regional Council would pass a resolution requesting the Minister of Municipal Affairs and Housing to enact a regulation authorizing the Region to exercise its powers under Section 218 of the Municipal Act to change the composition of Council. ii. The Minister of Municipal Affairs and Housing makes a regulation authorizing the Region to exercise its powers under Section 218. iii. Regional Council drafts a by -law to exercise its powers to change the composition of Regional Council pursuant to the provisions of the regulation and subject to the rules set out in subsection 218 (1). 13 Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 30 CHI"NGING THE COUNCIL STRUCTURE iv. The Regional Clerk gives notice of Council's intention to pass a by-law under Section 218 and hold at least one public meeting to consider the matter. V. The by -law must pass a "triple majority ". A "triple majority" is achieved when: the by -law receives the support of a majority of all votes of Regional Council.; a majority of the councils of all lower -tier municipalities pass resolutions consenting to the by -law; and the total number of electors in the lower -tier municipalities that have passed resolutions consenting to the by -law form a majority of all the electors in the Region. 14 CHANGING THE COUNCIL STRUCTURE w The by -law would then come into force on the day the new council is organized following the first regular election after the passing of the by -law. va The first regular election after the passing of the by -law will be conducted as if the by -law was already in force. In order to change the composition of Council for the 2014 -2018 term of Council, the process stipulated in the Municipal Act would have to be completed by December 31, 2013. 15 subject: Durham Regional Council - The Need For Fair and Efficient Representation Page 31 NEXT STEPS Prior to conducting a review of the Council composition, Council may wish to form a Special Committee comprised of the Regional Chair and one representative from each Area Municipality. This Special Committee could function similar to the 1996 Regional Restructuring Committee and report back to Regional Council with its recommendations. In order to establish a Special Committee, a resolution setting out the composition and the process for the selection of members would need to be passed by Council. 16 � 7rs E :: : Y Y �:: ■ June 17, 2013 COMMITTEE REPORTS a) Joint Report JT 2013 -06 of the Joint Planning & Development and Executive Committee Pages 1. Director, City Development, Report PLN 14 -13 1 -11 Zoning By -law Amendment Application A 3/13 OPB Realty Inc. (Pickering Town Centre) 1355 Kingston Road Recommendation That Zoning By -law Amendment Application A 3/13, submitted by OPB Realty Inc., to permit a seasonal outdoor Farmers' Market use on lands municipally known as 1355 Kingston Road, be approved, and that the draft zoning by -law, as set out in Appendix I to Report PLN 14 -13 be forwarded to City Council for enactment. 2. Director, City Development, Report PLN 16 -13 12 -39 Official Plan Amendment Application OPA 12 -002 /P Draft Plan of Subdivision Application SP- 2012 -02 Draft Plan of Condominium Application CP- 2012 -03 Zoning By -law Amendment Application A 5/12 Nanak Creations Inc. Part of Lot 1, Plan 388 and Block 39, Plan 40M -2086 (283 -299 Finch Avenue) Recommendation That Official Plan Amendment Application OPA 12- 002 /P, submitted by Nanak Creations Inc., on lands being Part of Lot 1, Plan 388 and Block 39, Plan 40M -2086, to redesignate the subject lands from "Urban Residential Areas — Low Density Areas" to "Urban Residential Areas — Medium Density Areas ", be approved, as outlined in Appendix I to Report Number PLN 16 -13, and that staff be authorized to finalize and forward the draft by -law to adopt Amendment No. 24 to the Pickering Official Plan to Council for enactment; 2. That Draft Plan of Subdivision Application SP- 2012 -02, submitted by Nanak Creations Inc., on lands being Part of Lot 1, Plan 388 and Block 39, Plan 40M- 2086, to establish blocks for residential, road widening and 0.3 metre reserve uses as shown on Attachment #4 to Report Number PLN 16 -13, and the implementing conditions as set out in Appendix II, be endorsed; and 3. Further, that Zoning By -law Amendment Application A 5/12, submitted by Nanak Creations Inc., to implement the Draft Plan of Subdivision SP- 2012 -02 and to permit the development of 23 townhouse units on a common element condominium road, be endorsed as outlined in Appendix III to Report Number PLN 16 -13, and that staff be authorized to finalize and forward an implementing Zoning By -law Amendment to Council for enactment. Part "B" Executive Committee Reports Director, Corporate Services & City Solicitor, Report FIN 13 -13 2012 Year End Audit 40 -109 Recommendation That Report FIN 13 -13 of the Director, Corporate Services & Solicitor be received; 2. That the Year -end Communication Report as submitted by Deloitte LLP ( Deloitte) be received for information; and, 3. That the 2012 draft Audited Consolidated Financial Statements for the City of Pickering be approved. 2. Director, Engineering & Public Works, Report ENG 09 -13 110 -117 Tender for Asphalt Resurfacing on Rosebank Road - Tender No. T -20 -2013 Recommendation That Report ENG 09 -13 of the Director, Engineering & Public Works regarding Tender for Asphalt Resurfacing on Rosebank Road be received; 2. That Tender No. T -10 -2013 as submitted by Coco Paving Inc. for Asphalt Resurfacing on Rosebank Road in the total tendered amount of $141,025.79 (HST included) be accepted; 3. That the total gross project cost of $159,310.00 (HST included), including the tender amount and other associated costs and the total net project cost of $143,464.00 (net of HST rebate) be approved; 4. That Council authorizes the (Acting) Division Head, Finance & Treasurer to finance the project in the amount of $143,464.00 from Other Revenue York Region (South East Collector Enhancements) be approved; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. 3. Director, Engineering & Public Works, Report PW 03 -13 118 -125 Tender No. T -6 -2013 - Reconstruction of Tennis Courts — David Farr Park and Claremont Park Recommendation That Report PW 03 -13 of the Director, Engineering & Public Works regarding Tender No. T -6 -2013 for Reconstruction of Tennis Courts - David Farr Park and Claremont Park be received; 2. That Tender No. T -6 -2013 submitted by Court Contractors Ltd. for Reconstruction of Tennis Courts - David Farr Park and Claremont Park in the amount of $224,343.70 (HST included) be accepted; 3. That the total gross project cost of $251,355.00 (HST included) including the tender amount and other associated costs and the total net project cost of $226,353.00 (net of HST rebate) be approved; 4. That Council authorize the (Acting) Division Head, Finance & Treasurer to finance the sum of $226.353.00 as approved in the 2011 and 2013 Capital Budgets from Parkland Reserve Fund; and 5. That the appropriate City of Pickering officials be authorized to take necessary action in order to give effect thereto. 4. Director, Engineering & Public Works, Report PW 04 -13 126 -135 Supply and Delivery of One New Current Model Year Road Grader - Quotation No. Q -23 -2013 Recommendation That Report PW 04 -13 of the Director, Engineering & Public Works regarding Quotation No. Q -23 -2013 for the Supply and Delivery of One New Current Model Year Road Grader be received; 2. That Quotation No. Q -23 -2013 as submitted by Nortrax Canada Inc. in the total quotation amount of $246,193.10 (HST included), for the Supply and Delivery of One New Current Model Year Road Grader, including a trade -in on the City's 2002 Volvo 740VHP be accepted; 3. That the total gross project cost of $249,583.00 (HST included), including the quotation amount and other associated costs, and the total net project cost of $224,757.00 (net of HST rebate) be approved; 4. That Council authorize the (Acting) Division Head, Finance and Treasurer to finance the net project cost of $224,757.00 as follows: a) that the sum of $220,000.00, be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed five years, at a rate to be determined; b) that the sum of $4,757.00 be funded from property taxes; c) that the annual repayment charges in the approximate amount $47,000.00 be included in the annual Current Budget for the City of Pickering, commencing in 2014 and continuing thereafter until the debenture financing is repaid; and any financing cost to be paid out of the Current Budget; 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. 5. Director, Engineering & Public Works, Report PW 05 -13 136 -145 Supply and Delivery of One New 41,000 LB. GVW Dump Truck with Snow Plow and Wing - Quotation No. Q -22 -2013 Recommendation That Report PW 05 -13 of the Director, Engineering & Public Works regarding the Supply and Delivery of One New 41,000 LB. GVW Dump Truck with Snow Plow and Wing be received; 2. That Quotation No. Q -22 -2013, as submitted by Tallman Truck Centre Limited for the Supply and Delivery of One New 41,000 LB. GVW Dump Truck with Snow Plow and Wing in the amount of $211,310.00 (HST included) be accepted; 3. That the total gross project cost of $212,440.00 (HST included) and a net project cost of $191,309.00 (net of HST rebate) be approved; 4. That Council authorize the (Acting) Division Head, Finance &Treasurer to finance the project as follows; a) that the sum of $190,000.00 be financed by the issue of debentures through the Regional Municipality of Durham for a period not exceeding five years, at a rate to be determined; b) that the balance of $1,309.00 be funded from property taxes; c) that the annual repayment charges in the approximate amount of $41,000.00 be included in the annual Current Budget for the City of Pickering commencing in 2014 and continuing thereafter until the debenture financing is repaid and any financing cost to be paid out. of the Current Budget; 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. 6. Director, Corporate Services & City Solicitor, Report FIN 14 -13 146 -148 Section 357/358 of the Municipal Act— Adjustment to Taxes Recommendation That Report FIN 14 -13 of the Director, Corporate Services & City Solicitor 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. 7. Director, Corporate Services & City Solicitor, Report FIN 15 -13 149 -152 Development Charges — Annual Indexing Recommendation That Report FIN 15 -13 of the Director, Corporate Services & City Solicitor be received; 2. That effective July 1, 2013 as provided for in Section 16 of By -law 6978/09, the Development Charges referred to in Sections 6 and 11 of that By -law be increased by 0.8 percent; and, 3. That the appropriate officials of the City of Pickering be given authority to give effect thereto. 8. Director, Corporate Services & City Solicitor, Report FIN 16 -13 153 -156 2013 Property and Liability Insurance Renewal (Six Months) Recommendation That Report FIN 16 -13 of the Director, Corporate Services & City Solicitor regarding the insurance renewal be received; 2. That the City of Pickering renew its property, liability and other insurance policies through the Frank Cowan Company for the period July 1, 2013 to January 1, 2014 in the amount of $391,913 ( plus applicable taxes) and inclusive of terms and conditions acceptable to the (Acting) Division Head Finance & Treasurer; 3. That L.V. Walker & Associates be confirmed as the City's Adjuster of Record for property, liability and other insurance and related matters; 4. That the (Acting) Division Head, Finance & Treasurer be authorized to settle any claims including any adjusting and legal fees, where it is in the City's interest to do so; 5. That the (Acting) Division Head, Finance & Treasurer be authorized to purchase additional insurance, make changes to deductibles and existing coverages, and alter terms and conditions as becomes desirable or necessary in order to limit potential liability exposure and to protect the assets of the City and its elected officials and staff; and, 6. That the appropriate officials be authorized to take the necessary actions to give effect thereto. NEW AND UNFINISHED BUSINESS June 17, 2013 PAGES Director, Engineering & Public Works, Report ENG 10 -13 71 -80 Tender for Liverpool Road Reconstruction and Minor Storm Sewer Repair From Ilona Park Road to Krosno Boulevard - Tender No. T -13 -2013 Recommendation That Report ENG 10 -13 of the Director, Engineering & Public Works regarding the Liverpool Road Reconstruction and Minor Storm Sewer Repair from Ilona Park Road to Krosno Boulevard be received; 2. That Tender No. T -13 -2013 as submitted by IPAC Paving Ltd. in the total tender amount of $475,998.38 (HST included) be accepted; 3. That the total gross project cost of $554,647.00 (HST included), including the tender amount and other associated costs and the total net project cost $499,477.00 (net of HST rebate) be approved; 4. That Council authorizes the (Acting) Division Head, Finance & Treasurer to finance the project in the amount of $499,477.00 as follows: a) The sum of $495,000.00 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten years, at a rate to be determined; b) The sum of $4,477.00 plus issuing cost be funded from property taxes; c) The annual repayment charges in the amount of approximately $58,000.00 be included in the annual Current Budget commencing in 2014 and continuing thereafter until the debenture financing is repaid; d) The Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms conditions, or 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. From: Richard W. Holborn Director, Engineering & Public Works Report to Council Report Number: ENG 10 -13 Date: June 17, 2013 Subject: Tender for Liverpool Road Reconstruction and Minor Storm Sewer Repair from Ilona Park Road to Krosno Boulevard - Tender No. T -13 -2013 - File: A -1440 Recommendation: 1. That Report ENG 10 -13 of the Director, Engineering & Public Works regarding the Liverpool Road Reconstruction and Minor Storm Sewer Repair from Ilona Park Road to Krosno Boulevard be received; 2. That Tender No. T -13 -2013 as submitted by IPAC Paving Ltd. in the total tender amount of $475,998.38 (HST included) be accepted; 3. That the total gross project cost of $554,647.00 (HST included), including the tender amount and other associated costs and the total net project cost $499,477.00 (net of HST rebate) be approved; 4. That Council authorizes the (Acting) Division Head, Finance & Treasurer to finance the project in the amount of $499,477.00 as follows: a) The sum of $495,000.00 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten years, at a rate to be determined; b) The sum of $4,477.00 plus issuing cost be funded from property taxes; c) The annual repayment charges in the amount of approximately $58,000.00 be included in the annual Current Budget commencing in 2014 and continuing thereafter until the debenture financing is repaid; d) The Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms conditions, or 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. Report ENG 10 -13 June 17, 2013 Tender for Liverpool Road Reconstruction and Minor Storm Sewer Repair from Ilona Park Road to Krosno Boulevard Tender No. T -13 -2013 Page 2 Executive Summary: As part of the 2013 Roads Capital Budget Liverpool Road Reconstruction and Minor Storm Sewer Repair from -Ilona Park Road to Krosno Boulevard was approved as a construction project. Tender No. T -13 -2013 was issued on Wednesday, May 8, 2013 and closed on Monday, May 27, 2013 with six bidders responding. The low bid submitted by IPAC Paving Ltd. is recommended for approval. The total gross project cost is estimated at $554,647.00 (HST included) and the total net project cost is estimated at $499,477.00 (net of HST rebate). Financial Implications: 1. Tender Amount Tender No. T -13 -2013 $421,237.50 HST (13 %) 54,760.88 Total Gross Tender Cost $475,998.38 z. tstimatea Project c;ostina summa Tender No. T -13 -2013 for Liverpool Road $421,238.00 Reconstruction and Minor Storm Sewer Repair from Ilona Park Road to Krosno Boulevard Associated Costs Utility Relocations and Pre - Engineering 17,600.00 Materials Testing 10,000.00 Construction Contingency 42,000.00 Total 490,838.00 HST (13 %) 63,809.00 Total Gross Project Cost $554,647.00 HST Rebate (11.24 %) (55,170.00) Total Net Project Cost $499,477.00 3. Approved Source of Funds zuIs Koaas t;apitai tivaget Account Funding Source Available Budget Required 5320.1310.6250 Debt 10 Year 550,000.00 $495,000.00 Property Taxes 0.00 4,477.00 Total Funds $550,000.00 $499,477.00 Net Project Costs under (over) Approved Funds $50,523.00 Report ENG 10 -13 June 17, 2013 Tender for Liverpool Road Reconstruction and Minor Storm Sewer Repair from Ilona Park Road to Krosno Boulevard Tender No. T -13 -2013 Page 3 The (Acting) Division Head, Finance and Treasurer has updated the City's 2013 Annual Repayment Limit and certified that this debenture financing and the repayment falls within the City's Annual Repayment Limit for debentures and financial obligations, and therefore, Ontario Municipal Board approval is not required prior to City Council's authorization. Discussion: As part of the 2013 Roads Capital Budget Liverpool Road Reconstruction and Minor Storm Sewer Repair from Ilona Park Road to Krosno Boulevard was approved as a construction project. Tender No. T -13 -2013 was issued on Wednesday, May 8, 2013 and closed on Monday, May 27, 2013 with six bidders responding. The low bid submitted by IPAC Paving Ltd. is recommended for approval. References for IPAC Paving Ltd. have been reviewed and deemed acceptable by the Manager, Capital Projects & Infrastructure. The Health & Safety Policy, current WSIB Council Amendment to Draft #7 (CAD7), and the Certificate of Clearance issued by Workplace Safety & Insurance Board, proof of compliance with Confined Space Entry Regulations, copies of certified training and procedures, list of employees trained in confined space entry procedures, as submitted by IPAC Paving Ltd. have been reviewed by the Coordinator, Health & Safety and are deemed acceptable. The Certificate of Insurance has been reviewed by the (Acting) Manager, Budgets & Internal Audit and is.deemed acceptable. In conjunction with staffs review of the contractor's references available on this project, the tender is deemed acceptable. Upon careful examination of all tenders and relevant documents received, the Engineering & Public Works Department recommends the acceptance of the low bid submitted by IPAC Paving Ltd. for Tender No.T -13 -2013 in the amount of $475,998.38 (HST included) and that the total net project cost of $499,477.00 (net of HST rebate) be approved. Attachments: 1. Supply & Services Memorandum dated June 3, 2013 2. Location Map 3. Being a by -law to authorize the Liverpool Road Reconstruction and Minor Storm Sewer Repair from Ilona Park Road to Krosno Boulevard project in the City of Pickering and the issuance of debentures in.the amount of $495,000.00 Report ENG 10 -13 June 17, 2013 Tender for Liverpool Road Reconstruction and Minor Storm Sewer Repair from Ilona Park Road to Krosno Boulevard Tender No. T -13 -2013 Page 4 Prepared By: Darrell -St Manager, Approved /Endorsed By: CET, CMM III Richap Holbo , P. Eng. ►ital Projects & Infrastr Lure Dir, or, Engineering & Public Works Vera A.1= elgemla'cher C.P.P. CPPO, CPPB, C.P.M., CMM III Manager, Supply & Services Caryn Kong, CGA Senior Financial Analyst - Capital & Debt Management DS:ds Recommended for the consideration of Pickering City,.Qouncil Tony Prevedel, P. Eng. Chief Administrative Officer Stan Karwowski (Acting) Division Head, Finance & Treasurer u4cZ // , 2.o 13 ATTACHMENT4 ��j }OREPORT# EN G )o -13 I of 3. � To: Richard Holborn Director, Engineering & Public Works From: Vera A. Felgemacher Manager, Supply & Services Copy.. Manager, Capital Works & Infrastructure Subject: Tender No. T -13 -2013 Tender for Liverpool Road Road to Krosno Boulevard - File: F- 5400 -001 Memo June 3, 2013 (Revised) Reconstruction and Minor Storm Sewer Repair Ilona Park Tenders have been received for the above project. An advertisement was placed in the Daily Commercial News and on the City's website inviting companies to download the tendering documents and drawings for the above mentioned tender. Six (6) bidders submitted a tender for this project. A copy of the Record of Tenders Opened and Checked used at the public tender opening is attached. Tenders shall be irrevocable for 60 days after the official closing date and time. Purchasing Procedure No. PUR 010 -001, Item 13.03 (r) provides checking tendered unit prices and extensions unit prices shall govern and extensions will be corrected accordingly, which has been done. All deposits other than the low three bidders may be returned to the applicable bidders as provided for by Purchasing Procedure No. PUR 010 -001, Item 13.03(w). Three (3)-bids have been retained for review at this time. Copies of the tenders are attached for your review along with the summary of costs. SUMMARY Harmonized Sales Tax Included Bidder Total Tendered Amount After Calculation Check IPAC Paving Ltd. $475,998.37 $475,998.38 Ashland Paving Ltd. $536,053.81 $536,107.93 Elirpa Construction & Materials Ltd. $536,560.17 $536,539.82 Bennington Construction Ltd. $563,581.85 $562,598.75 Blackstone Paving & Construction Ltd. $574,346.34 $574,346.34 Coco Paving Inc. $673,926.24 $673,926.24 ATTACHMENT #.._._I TOREPORT #.C1T5;- 10`1 _ � , of _3___ -- Pursuant to Information to Bidders Item 28, the following will be requested of the low bidder for your review during the evaluation stage of this tender call. Please advise when you wish us to proceed with this task. (a) A copy of the Health and Safety Policy to be used on this project; (b) A copy of the current Workplace Injury Summary Report issued by Workplace Safety & Insurance Board (in lieu of the Workplace Injury Summary Report document, a copy of the current CAD 7, NEER, or MAP reports may be submitted); (c) A copy of the current Clearance Certificate issued by Workplace Safety & Insurance Board; (d) Proof of compliance with amended Confined Space Entry Regulations (September 30, 2006). Copies of certified Training and Procedures to be used on this project; (e) A list of employees trained in the confined space entry procedure who will be working on this project; (f) The City's certificate of insurance or approved alternative form shall be completed by the bidder's agent, broker or insurer; (g) The City's Accessibility Regulations for Contracted Services form currently dated and signed; (h) list of Sub - Contractors in accordance with General Conditions Item 34; and (i) Waste Management Plan to be used on this project in accordance with Tendering Specifications Item 18. Please include the following items in your Report to Council: (a) if items (a) through (d) noted above, are acceptable to the Co- ordinator, Health & Safety; (b) if item (f) — Insurance — is acceptable to the (Acting) Manager, Budgets & Internal Audit; (c) any past work experience with the low bidder IPAC Paving Ltd. including work location; (d) without past work experience, if reference information is acceptable; (e) the appropriate account number(s) to which this work is to be charged; (f) the budget amount(s) assigned thereto; (g) Treasurer's confirmation of funding; (h) related departmental approvals; and (i) related comments specific to the project. Please do not disclose any information to enquiries except you can direct them to the City's Website for the unofficial bid results as read out at the public tender opening. Bidders will be advised of the outcome in due course. If you require further information, please feel free to contact me or a member of Supply & Seo<vices. VAF /jg Attachments June 3, 2013 Tender No. T -13 -2013 Tender for Liverpool Road Reconstruction and Minor Storm Sewer Repair Ilona Park Road to Krosno Boulevard Page 2 Y v d i r+ M C c .a Q� _ V Q Q.. Q � N Q L U � I- 0 L 0 d C O .Q U N N C F- E a N X O O_ a Q N E F- M 0 N N e4 eE M 0 ro 0 M O N M r H O Z a C F- ATTACHMENT #— j-- TOREPORT# C 06, 10 -1�j 3 of 3 d r 1 -0 L-1 C O w co U cu O Q b c 0 c c O �i O O U c fD O c 0 ,O U c a c Z LU 0 U rr C Nl M 4) rcly ...j� 64 64 64 64 64 64 O C I Q 0 mQ c co d m zs J C O U E C C O � Z . O +, U D C C 06 O O jB O > ro U C > C 0 m > C (1) c C c CL U ro o � Q a Q 0 m °- m W d r 1 -0 L-1 C O w co U cu O Q b c 0 c c O �i O O U c fD O c 0 ,O U c a c Call 00 ATTACHMENT # —. - i O REPORT# � � )0-15 Engineering & Public Works Department Attachment for Tender T -13 -2013 Liverpool Road Reconstruction and Minor Storm Sewer Repair Location Map — Liverpool Road Proposed Construction Includes: Liverpool Road • Repairs to shallow storm sewer system for road drainage only • Complete road reconstruction including new granular road base (heavy duty) and base asphalt • Remove and replace the existing concrete curb and gutter to a proposed wider road configuration • Remove and replace the existing concrete sidewalk (east side) to a wider 1.8m sidewalk • Remove and replace the existing concrete sidewalk (west side) to a wider 1.5m sidewalk • Install precast concrete retaining wall on boulevard where required • Install decorative interlocking pavers on boulevard where required • Complete boulevard restoration to all areas affected by construction (fine grading and sodding where required) O r� HALLER Q :U W O Z>c O z (n AVENUE 7L O W Q BALSO//pp �� > D PAR* Z O OLD ORCHARD (*1 G 3 p ,r n r (� W 0 AVENUE �O M Z W > MONICA COO LUNA O { COURT BOULEVA < BROWNING LL p AVEN E PLAC H SHEARER FOXGLOVE W LANE PARK SIMP AVE. AVENUE Q W H W BALATON AY V I E W FAIRVIEW -11 z ROAD J HOLY Z > REDEEMER O SIR JOHN A. �M— DONALO AVENUE STREET O OJ SEPARATE (n Q SCHOOL Z uc SCHOOL W WATE POINT Z _ Q o- W > Op i1N S WCOMVr E L STIR T SP COM RCE J STREET 0 COLMAR FRENCHMAN'S N-A Q w BROADVIEW z Z 0 �/ BA �� W STREET O n / LIVERPOOL ROAD m O SUBJECTAREA ANNLAND STREET PARKE7TE ALO OD Q O WHARF STREET "�l Location Map — Liverpool Road Proposed Construction Includes: Liverpool Road • Repairs to shallow storm sewer system for road drainage only • Complete road reconstruction including new granular road base (heavy duty) and base asphalt • Remove and replace the existing concrete curb and gutter to a proposed wider road configuration • Remove and replace the existing concrete sidewalk (east side) to a wider 1.8m sidewalk • Remove and replace the existing concrete sidewalk (west side) to a wider 1.5m sidewalk • Install precast concrete retaining wall on boulevard where required • Install decorative interlocking pavers on boulevard where required • Complete boulevard restoration to all areas affected by construction (fine grading and sodding where required) ATTACH M ENT #_3 - TO REPORT# ENG lb-t5 I -of The Corporation of the City of Pickering By -law No. Being a by -law to authorize the Liverpool Road Reconstruction and Minor Storm Sewer Repair from Ilona Park Road to Krosno Boulevard project in the City of Pickering and the issuance of debentures in the amount of $495,000.00 Whereas Section 11 of the Municipal Act, 2001, as amended, provides that a lower -tier municipality may pass by -laws respecting matters within the spheres of jurisdiction described in that Section; and, Whereas Subsection 401 (1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, Whereas Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower -tier municipality in a regional municipality does not have the power to issue debentures; and, Whereas The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower -tier municipalities including The Corporation of the City of Pickering (the "City "); and, Whereas the Council of the City of Pickering wishes to proceed with debenture financing for the Liverpool Road Reconstruction and Minor Storm Sewer Repair from Ilona Park Road to Krosno Boulevard project; and, Whereas before authorizing the construction in respect of the Liverpool Road Reconstruction and Minor Storm Sewer Repair from Ilona Park Road to Krosno Boulevard project, the Council of the City of Pickering had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder; And whereas after determining that Ontario Municipal Board approval is not required, the Council of the City of Pickering approved Report ENG 10 -13 on the date hereof and awarded Tender No. T -13 -2013 for the Liverpool Road Reconstruction and Minor Storm Sewer Repair from Ilona Park Road to Krosno Boulevard project; ATTACHMENT# L 1OREPORT# �_tL 10 .1�' By -law No. a-- of a- Page 2 Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That the City proceed with the project referred to as "Liverpool Road Reconstruction and Minor Storm Sewer Repair from Ilona Park Road to Krosno Boulevard "; 2. That the estimated costs of the project in the amount of $499,477.00 be financed as follows: a) That the sum of $495,000.00 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten years; b) That the sum of $4,477.00 be funded from property taxes; 3. That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2014 or such subsequent year in which the debentures are issued and continuing thereafter until the debenture financing is repaid. By -law passed this 17th day of June, 2013. David Ryan, Mayor Debbie Shields, City Clerk By -laws June 17, 2013 7284/13 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 Lots 106 to 108 and Part of Lots 105 and 109, RCP Plan 1051, Part 1, 40R- 14632, in City of Pickering (SP- 2012 -01, CP- 2012 -02 & A 3/12) (By- law attached) 7285/13 Being a by -law to authorize the Supply and Delivery of One New Current Model Year Road Grader project in the City of Pickering and the issuance of debentures in the amount of $220,000.00. [Refer to Joint Planning & Development and Executive Pages 134 to 135] 7286/13 Being a by -law to authorize the Supply and Delivery of One New 41,000 LB. GVW Dump Truck with Snow Plow and Wing project in the City of Pickering and the issuance of debentures in the amount of $190,000.00 [Refer to Joint Planning & Development and Executive Pages 144 to 145] 7287/13 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 Lots 21 and 22, Concession 1, Part 2 -20, 22 -24, & Part of Parts 1, 21, 40R- 8355 and Parts 1 & 2, 40R -8513, in the City of Pickering. (By -law attached) 7288/13 Being a by -law to authorize the Liverpool Road Reconstruction and Minor Storm Sewer Repair from Ilona Park Road to Krosno Boulevard project in the City of Pickering and the issuance of debentures in the amount of $495,000.00. [Refer to New and Unfinished Business Pages 79 and 80] To: Debbie Shields City Clerk From: Melissa Markham Principal Planner — Development Review Copy: (Acting) Chief Planner Manager, Development Review & Urban Design Subject: Amending By -law for Draft Plan of Subdivision Application SP- 2012 -01 Draft Plan of Condominium CP- 2012 -02 Zoning By -law Amendment Application A 3/12 2307038 Ontario Inc. 1803, 1807, 1811, 1817 and 1823 Fairport Road Amending By -law 7284/13 Memo June 12, 2013 Statutory Public Meeting Date February 4, 2013 Planning & Development Committee Date May 6, 2013 Purpose and Effect of By -law To amend the existing zoning to implement a draft plan of subdivision for a single block to permit a common element condominium for 31 detached dwelling lots. Council Meeting Date June 17, 2013 Note Certain zoning by -law provisions for the S3 zone, presented at the Planning & Development Committee Meeting, have been revised to City Staff satisfaction to include the applicant's request for: • a reduced flankage side yard setback along Fairport Road from 4.5 metres to 3.0 metres • an increase in building height for interior lots from 9.0 metres to 10.0 metres, a 9.0 metre maximum height still applies to all new lots within the subject lands, which abut existing residential lots No significant changes, except for those listed above, were made to the provisions. MM:Id J:\ Documents\ Development \D - 3200\2012 \SP - 2012 -01, A 03-12, CP- 2012- 02Wlemo Clerk Draft by -law chart - June 2013.doc Attachments By -law Text By -law Schedule The Corporation of the City of Pickering By =law.. No. 7284/13 Being. a by =law to amend Restricted Area (Zoning) By- Iaw3036, as amended to implement -the Official Plan of the City of Pickering, Region of Durham in Lots 1106 to 108 and Part of Lots 105-and 109,,RCP Plan 1051, Part.1;'40R -14632 in City of,Pickering (SP- 2012 -01, CP- 2012-02 & A 3/12) Whereas the Council of the. Corporation of the City of Pickering received. an application to rezone the subject lands being: part `of Lots 106 to 1.08 and Part of Lots 1,0.5 and 109, RCP Plan 1051, Part 1, 40R -14632 inahe City of Pickering to permit the development of 31 lots for detached dwellings on a common element condominium- road and an. open space block. And whereas it is appropriate to amend By -law 3036 as amended, to permit such uses; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedules Schedule I and Schedule II attached hereto with:notations_.and reference shown thereon is hereby declared to be part of this By =law. 2. Area Restricted The provisions of this By -law shall apply to those lands being part of Lots 106 to 108 and Part of Lots 105 and 109, RCP Plan 1051, in the City of Pickering, designated "S3 -13" and "OS -HL" on Schedule I. 3. General Provisions No building; land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of'this By- Law. 4. Definitions. In this By -law, (1) (a) "Dwelling" shall mean a building or part of a building containing one or more dwelling units but does not include a mobile home or trailer; (b) "Dwelling Unit" shall mean a one or more habitable rooms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing a separate kitchen and sanitary facilities; By -law No. 7284/13 Page 2 (c) "Dwelling, Detached or Detached Dwelling" shall mean a single dwelling which is freestanding, separate'and detached from other main buildings or structures. : (a) "Floor Area Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (b) "Gross Floor Area Residential" shall mean the aggregate of the floor area_ s of all storeys of a building or structure, or part thereof as the case may be, other than `a private garage, an attic or a cellar. (2) (3) (a) "Lot" shall mean an area of land fronting on a street which is used: or intended to be used as the site of a building, or a group of buildings as the case may be, together with any accessory buildings or structures, or a- public park or open space area, regardless of whether or not such lot constitutes the- whole of a lot or block on a registered plan of subdivision; (b) "Lot Frontage" shall mean, the width of a lot between the side :lot lines measured along a line parallel to and 7.5 .metres distant from the front lot line. (4) (a) "Private Garage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which no business or service is conducted for profit or otherwise: . (5) (a) "Water Meter Building" shall mean a building or structure that contain devices supplied by the Region of Durham which measures the quantity of water delivered to a property. (6) (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open uncovered and unoccupied above group except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; By -law No. 7284/13. Page 3 (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear -yard of. a lot between the rear lot line, of the lot,. or where there is no rear lot line; the junction point of the side lot.lines, and the nearest wall of the nearest 'main building or -structure.on the _. lots; (f) "Side Yard' shall mean a yard of a lot extending from the front yard , to the rear yard, and from the side lot line to the nearestwall of the nearest.m.ain building or structure on the lots; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side :yard of a. lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankage Side Yard shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is .a street; (i) "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line` adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot. 5. Provisions (1) (a) Uses Permitted ( "S3 -13" Zone) No person shall, within the lands zoned "S3 -13" on Schedule I attached to this By -law, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) detached dwelling (b) Zone Requirements ( "S3 -13" Zone) No person shall within the lands designated "S3 -13" on Schedule I attached to this By -law, use any lot or erect, alter or use any building except in accordance with the following provisions: (i) Lot Area (minimum) : 350 square metres (ii) Lot Frontage (minimum): A 12.0 metres B 10.0 metres for lands shown as hatched on Schedule II attached to this by -law By -law No. 7284/13 Page 4 C 8.5 metres for lands shown as cross hatched on Schedule II attached to this by -law D 8.5 metres for lands shown as dashed on Schedule II attached to this by -law (iii) Front Yard Depth (minimum): A 4.5 metres B the dashed area, as shown on Schedule II attached to this by -law, is exempted from paragraph 5.(1)(b)(iii) A, above (iv) Side Yard Width (minimum): 1.2 metres on one side and 0.6 on the other (v) Flankage Side yard width (minimum): A for lots abutting Fairport Road: 3.0 metres B for all other lots: 2.7 metres (vi) Rear Yard Depth (minimum): 7.5 metres (vii) Building Height (maximum): A 10.0 metres B 9.0 metres for lots abutting Fairport Road and abutting any existing residential lots on adjacent lands, as of the date of the passing of this by -law (viii) - Dwelling Unit Requirement: maximum one dwelling per lot and minim_ um gross floor area residential of 100 square metres; (ix) Garage Requirements: minimum one private garage per lot attached to the main building and vehicular entrance of which shall be located not less than 6.0 metres from the front lot line and not less than 6.0 metres from any side lot line immediately adjoining ,or abutting a reserve on the opposite side of the street By -law No. 7284/13 Page 6 C the rear lot line. shall be deemed to be the. easterly and southerly lot lines for those lands shown as cross j hatched on Schedule II D the rear lot line shall be deemed tote the easterly lot line for those lands shown as dashed on Schedule II (2) (a) Uses Permitted (" OS =HU Zone) No person shall within the lands designated "OS -H.0 on Schedule 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 (ii) resource management '(iii) pedestrian .trails and walkways (b) Zone_ Requirements ('OS -HU 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. 6. Model Homes (1) Despite the provisions of Clause 6.1 of By -law 3036, a maximum of 4 model homes, together with not fewer than two parking spaces per Model Home, may be constructed on the lands set out in Schedule I attached to this By -law prior to the division of those lands by registration_ s of `a. plan of subdivision; (2) For the purpose of this By -law, "Model Home' shall mean a dwelling unit which_ is not used for residential purpose,. but which is used exclusively for sales; display; and marketing purposes pursuant to an agreement with the _ City of Pickering. 7. By -law -3036 By -law 3036; as amended, is hereby further amended only to the extent necessary to give .effect to the provisions of this By -law as it.applies to the area set out in schedule I attached hereto. Definitions. and subject matters not specifically dealt with in this By -law shall be governed by relevant provisions of By -law 3036, as amended. Debbie Shields, City Clerk --------------- - i - I . L----- --- - - - --- 30.5 m 54.8 -------- - - - - -- 7 .9 cli - -\ - - - - : 35.8 -------- - - - = -- -- - - -- - - - -- � °o _3 � O Z O S3 -13 O N � o Q -- - - - -- - - - -- 14. rn - N \\ - - - - - - - - -- -- -'_ --_ -- 110.5 i - - I . --- " - - - -- I PLAN 1051 RCP LOT 1101 1 i \- I \ \ ---_ - ------- - - - -- - - _------ I I �I I � \ � \_ - - - I I I 40,I M -15I 5 I � . I , . - . wwcaRgEN I i _ - _ -- .- _\ - .41 GOLDENRIDGE _ROAD CRESCENT SCHEDULE I TO BY -LAW 7284/ 13 PASSED THIS 17th DAY OF JUNE 2013 : MAYOR CLERK Q O rK O n ry Q I � I I I I I ---- �----- r----�- ----rte I 1 I I I `\ I I I I I I 1 I 1 \ 40M -15,5 I I � I I I I I GOLDENRIDGE ROAD __ - - - -- -- SCHEDULE H TO BY -LAW 7284/1 PASSED THIS 17th DAY OF JUNE 2013 MAYOR CLERK 1\ N I Al To: Debbie Shields City Clerk From: Ashley Yearwood Planner II Copy: Manager, Development Review & Urban. Design Subject: Amending By -law for Zoning By -law Amendment Application A 3/13 OPB Reality Inc. 1355 Kingston Road — Pickering Town Centre (Part of Lots 21 & 22, Concession 1) City of Pickering Amending By -law 7287/13 Memo June 12, 2013 Statutory Public Meeting Date April 8, 2013 Planning & Development Committee Date June 10, 2013 Purpose and Effect of By -law To permit an outdoor Farmers' Market on the Pickering Town Centre property between June 1St and October 31St within a calendar year. Council Meeting Date June 17, 2013 AY: Id J: \Documents \Developmenl\D -3300 Zoning By -law Amendments (A Applications)\20131A 03 -13 PTC - Farmer's Market\By- Law\Memo Clerk Draft By -law Charl.doc Attachment By -law Text The Corporation of the City of Pickering By -law No., 7287/1.3 Being a by -law to amend Restricted Area (Zoning) By -law 3036, as amended, to implement the Official Plan of the City pf Pickering, Region of Durham in 'Part of Lots 21 and .22 Concession 1, Part 2 -20, 22 -24, & Part of Parts 1, 21,,40R-8355 and Parts -1 & 2, 40R -8513, in the City of Pickering (A 3%13).. Whereas the.. Council of.The Corporation of the City of Pickering deems it desirable to add a. Farmers' Market use to the permitted uses -for the subject property being Part of -Lots 21 and 22, Concession 1, Part 2 -20;. 22 =24, & Part of Parts.1, 21, 40R =8355 and, Parts 1 & 2, 40R -8513 in the City of Pickering. And whereas amendment to By =law 3036 as amended by By -law 5994 /02 is,therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Area Restricted The provision of.this By- law.shall apply to those lands in Part of Lots 21 and 22;. Concession 1; Part. 2- 20,.22 -24; & Part of Parts 1121, 40R -8355 and Parts 1 & 2, 40R -8513, in the City of Pickering." 2. Text Amendment 1. Section 4 — Definitions, of By -law 3036, as amended by By -law 5994/02, is hereby amended by renumbering and re- alphabetizing the subsections in order to incorporate'the new definitions as follows: (13) "Farmers' Market" shall mean a building, part of a building or open area where a majority of the vendors shall be primary producers of agricultural products grown within the Province of Ontario that are offered for sale directly to the general public, but may also feature. other vendors who offer prepared foods and artisan crafts as well as provide entertainment and community information, but shall not include a Flea Market; (15) "Flea Market" shall mean a building or part of a building in which stalls or sales area are set aside and rented or otherwise provided where groups of individual sellers offer goods, new and used, for sale to the public; By -law No. 7287/13 Page 2, 2. Clause section 5. (1)(a), -Uses Permitted ( "MCA =1 ", ":MCA -2 ", "MCA- 1/CO -2" Zones), of By -law 3036 as amended by -By -law 5994/02, is hereby .amended by renumbering and re- alphabetizing this subsection in order to incorporate.the new use permitted: .(xi) Farmers' Market 3. 'Subclause 5. (2)(a)(v), Parking. Requirements, of By -law 3036 as amended by By -law 5994/02, is hereby amended by incorporating the following subparagraphs: N (I) Despite paragraphs A.above a Farmers' Market use.. opera' ating outdoors shall be exempt from providing any required, parking spaces; (II) Despite the parking requirement of subclause 5.(2)(a)(v) the total number.of.required parking spaces to be provided on -site may be reduced by. 90 spaces; while the Farmers' Market use is operating outdoors; .. (Ill) Farmers' Market, use shall only be permitted to operate outdoors between June 1St and October 31St within a calendar year: 3. By- law 3.036 "By -law 3036, as amended -by By -law 5994/02, is hereby further amended only to the extent, necessary to give effect . to the provisions of this By -law as set out in the Section 1;'Area Restricted, and Section 2,.Text Amendment; above. Definitions and subject matters -not specifically dealt with in. this Bydaw shall be governed by relevant provisions of By -law 3036, as amended: 4. Effective Date The By- law shall come into force in accordance with the provisions of the.- Plannihg Act. By -law passed this 17th day of June, 2013. David Ryan, Mayor Debbie Shields, City Clerk Attendees: Councillor Rodrigues T. Besso R. Lattouf E. Mason T. Reimer D. Rundle M. Sawchuck S. Sheehan Minutes Heritage Pickering Advisory Committee April 17, 2013 7:00 pm Tower Room C. Sopher J. Van Huss D. Shields, City Clerk C. Celebre, Senior Planner, Development Review & Heritage L. Roberts, Recording Secretary Absent: S.lyer W. Jamadar Item / Details & Discussion &`Conclusion Action Items / Status Ref # (summary of discussion) (include deadline as appropriate) 1.0 Welcome D. Shields welcomed everyone to the meeting and introduced two newly appointed members, Rolland Lattouf and Tom Reimer. Introductions were made around the table. 2.0 Approval of Minutes Discussion ensued with amendments to the minutes. Moved by T. Besso Seconded by M. Sawchuck That the minutes of the March 21, 2013 meeting of the Heritage Pickering Advisory Committee be approved as amended. Carried 3.1) The Bear & The Firkin Discussion ensued with respect to The Bear & Firkin located on the northwest corner of Liverpool and Kinqston Road. Page 1 Item / Ref # Details & Discussion & Conclusion (summary.of discussion) Action Items / Status (include deadline as appropriate) C. Celebre noted new tenants have indicated a desire to have old photographs of this building It was suggested possibly Becky George at the Pickering Library or John Sabean could be contacted in this regard. M. Sawchuck noted he is continuing to follow up with the property owner for the Doors Open program. T. Besso noted the background research has been done on this property, and the Committee should continue to pursue a designation. 3.2) 560 Park Crescent D. Shields provided an update with respect to the Newman House at 560 Park Crescent. She informed members that the appeal has been withdrawn and that the City of Pickering would be moving ahead with the next steps in the designation process. She provided a brief outline of the background information on this property for the benefit of the new members. 3.3) Seaton Draft Plans of Subdivision C. Celebre provided members with an update on the recent OMB decision and provided the Committee with copies of the plans for Neighbourhoods 18, 19 and 20, as well as the memo containing the summary of issues from the March 26th walking tour with Dr. Carl Bray. Through the aid of a power point presentation, C. Celebre assisted the Committee through the separate plans of subdivision for these 3 neighbourhood plans. She explained the comments would be forwarded to staff and the developers in order to work through as many of the issues as possible prior to proceeding onto the next phase of the OMB hearing. E. Mason noted her concern with the approval process, questioning how these decisions can be made without details such as architectural design, lighting, etc. not be provided. She also questioned whether the Committee could comment on the surrounding lots regarding access points and viewpoints. C. Celebre explained the purpose of the design guidelines to identify such issues under draft plan approval. She noted that OPA 22 identifies policies and principals relative to heritage. C. Celebre explained that design guidelines will be a condition C. Celebre to look into Page 2 Item / Ref # Details & Discussion & Conclusion (summary of discussion) Action :Items / Status (include deadline as appropriate) of draft plan approval. It was also questioned whether the Committee could have input with respect to creating guidelines for these detail aspects and how they would be addressed. E. Mason stated she felt the policies did not go far enough. D. Shields noted that the main focus of the Committee at this point is to concentrate on protecting the heritage lots. C. Sopher stated that the Committee had not been asked to comment on transportation issues, in particular the traffic diversion going into Whitevale. Review of Plans The Committee reviewed the plans in detail with the following recommendations to be submitted by the Committee; Heritage Lots 3250 Sideline 28 • Delete proposed street through lot • Maintain open view southwest from house by realignment of Street I • Provide a buffer (deep setbacks) with proposed adjacent townhouses to west and north 3215 Sideline 28 • Provide buffer to north by removing lots 234, 235 and 236 • Ensure buffer to east, perhaps by removing lots Whitevale Cemetery (awaiting draft plan) • Preferred option is to remove proposed development from area east of cemetery over to next heritage lot • Consider potential need to expand cemetery • If development to east remains, ensure adjacent street is tree -lined to enhance landscaped buffer 825 Whitevale Road (awaiting draft plan) • In absence of draft plan, comments difficult, but lot appears to have substantial landscape to act as buffer to development to west and south 940 Whitevale Road, 3185 Sideline 26 • Preferred option is to realign proposed north /south regional road to east side of HCD boundary, east of the Page 3 Item / Ref # Details & Discussion & Conclusion (summary of discussion) Action Items / Status (include deadline as appropriate) 2 heritage lots flanking Whitevale Road • If regional road remains in its current proposed alignment, ensure that Block 391 is an effective landscaped or other buffer between heritage lot and road ROW • Block to north and 2 to east need to be removed to provide adequate landscaped buffer for heritage lot 3185 Sideline 26 • Change medium density to low density on south side of new street abutting south edge of heritage lot to provide a more extensive landscaped buffer in the new residential lots 1050 Whitevale Road (south portion) (awaiting draft plan) • House, mature vegetation and large barn appear to be in the NHS; abutting conditions in draft plan OK 1125 Whitevale Road • Needs a complete rethink of the abutting residential lots; reduce number, increase setback, delete proposed lots that could encroach within boundary of heritage lots 1130 Whitevale Road • Conserve the barn to north of farmhouse by shifting residential lot over to have pedestrian corridor include barn 1200 Whitevale Road • Delete 2 lots on west and 2 lots on east side of heritage lot; increase setbacks on abutting lots to north, northwest and northeast or delete Note: 1255, the John Tool house next to the modern bungalow, now appears not to contain the stucco house previously inventoried and is not shown as a heritage lot (it is within the Local Node where the Whitevale bypass meets the Whitevale Road corridor) 1390 Whitevale Road • Delete townhouses west of heritage lot; add to NHS • Delete south half of block to east of heritage lot, to provide sight line from east; replace with open landscaped buffer 1450 Whitevale Road • Attempt to conserve large barn, now shown as being Page 4 Item / Ref # Details & Discussion & Concllusion (summary of discussion) Action 'Items / Status (include deadline as appropriate) within proposed Street 17 1505 Whitevale Road and 3285 Sideline 20 are private lots, not within the draft plans • Increase setbacks on adjacent lots Note: heritage lot shown on west side of Mulberry Lane, in the NHS, no longer has built heritage resources (they were demolished several years ago: Committee to confirm details)., 1415 is shown as a heritage property on ORC mapping (for the barn) but appears to be in private ownership and thus is not part of the draft plan. Whitevale Road Corridor (within and beyond the Whitevale HCD boundary) • Build the Whitevale bypass first, to prevent the existing Whitevale Road corridor from acquiring heavy through traffic • Request ORC to designate all heritage lots under Part IV of the Ontario Heritage Lots and sell them as soon as possible • Abutting residential lots should be larger, with ample side yards, to provide visual "porosity" along corridor • Avoid street lighting along corridor • East of the Whitevale bypass, retain mature trees along at least one side of the new widened ROW • The draft plans appear to encroach on significant natural and cultural features such as the old Lake Iroquois shoreline General Comments In conclusion, together with the above, we note that the proposed regional road at Sideline 26 road alignment is a major travesty and compromises the principles laid out in the North Pickering Land Exchange and Development. Should this proposed regional road become reality this will have a significant impact on the Whtievale Hamlet HCD and two heritage lots. The re- alignment of the proposed regional road to the east of Lots #940 Whitevale Road and #3185 Sideline 26, would result in a more appropriate relationship between the character road, the green space and heritage properties and leave the HCD intact. We ask that staff, Council and the OMB give due consideration and thought to our comments and that these are taken on Page 5 Item / Details & Discussion & Conclusion Action Items / Status Ref # (summary of discussion) (include deadline as appropriate) board and adopted into the Plan. E. Mason noted she felt the summary of issues was not worded strongly enough. It was the consensus of the Committee to accept the list of issues with the revisions made. E. Mason and C. Sopher will work on the wording within the next week in order to have them submitted to staff. Moved by M. Sawchuck Seconded by Councillor Rodrigues That the Heritage Pickering Advisory Committee accept the recommendations outlined in Dr. Carl Bray's memo dated March 28, 2013 with the revisions noted. Carried 4.1) Vintage Brick Correspondence received from Vintage Brick, Concord Ontario was received for information purposes. 5.0 1 ( Next Meeting /Adjournment I I Next Meeting: May 23, 2013 The meeting adjourned at 9:15 pm. Copy: City Clerk Page 6 ILI Attendees: T. Arvisais M. Brenner K. Falconer T. Logan P. McCafferty (arrived at 8:15 pm) J. O'Connell, Regional Councillor D. Sharma D. Tierney S. Wilkinson P. Noronha - Waldriff, Staff Representative D. Marlowe, Staff Representative D. Shields, City Clerk R. Michaud, Recording Secretary Guests: Joe Caffarelli, Region of Durham Victor Doyle, Region of Durham Scott Booker, City of Pickering Absent: A. Heywood - Delpeache I. Fogo S. Little Minutes /Meeting Summary Accessibility Advisory Committee Wednesday, April 24, 2013 7 pm Main Committee Room Item / Details &TDiscu sion 8� Conclusion , ;P``� Acti{otn' It m /Status + Ref# " xx} ...,.�.....,�,.a.,..�_ .w.�.. .rLw� (summary discussion), I��,!' deadline'as yia(inclutle .i u...+.+.ri4iir .� .... '. F ,- ,- �� 0 ro ate 1. .........� _ ... N,..r _...�.,. Welcome a.k... _, . Debbie Shields welcome everyone to the meeting. 2. Review and Adoption. of_the. Agenda }.,. ,,.,.. All Moved by K. Falconer Seconded by T. Arvisais That the agenda is approved. Carried Page 1 CORP0228 -2102 3. Presentations Pedestrian Signals, Region of Durham Joe Cafarelli and Joe Cafarelli, Traffic Engineering Supervisor, and Victor Doyle, Victor Doyle Traffic Inspector provided a brief overview of the Region's policy with regards to the pedestrian crossing times at signalized intersections in the City of Pickering. He mentioned that the methodology used to determine timing and operation of the pedestrian signals is based on a formula found in a manual published by the province of Ontario which has been approved by Durham Regional Council and has been in use since 1991. Crossing distance and walking speed is incorporated into the formula on a site specific basis in order to generate a minimum pedestrian crossing time. J. Cafarelli noted that there seems to be a perception that the crossing times are not sufficient, and this may be due to a misunderstanding of the pedestrian crossing time. For example, the pedestrian crossing time is comprised of the duration of the "Walk" (walk man) plus the "Pedestrian Clearance; flashing upraised red hand /solid upraised hand" respectively. He noted that the pedestrian clearance time is the duration of the `flashing hand', plus the vehicle amber light. He further noted that a recent study has been completed on the pedestrian crossing times and they are awaiting the report in the next few months. The preliminary results of the study are very interesting. The Region of Durham is very proactive in reviewing all studies and reports. The audit included the on -site crossing with persons with different levels of disabilities and mobility. S. Wilkinson enquired if the study provides the length of time for both disabled and regular people to cross the road. Joe advised that the results released to date indicate that there is sufficient crossing time. He noted that when the "Flashing Don't Walk" signal is displayed part- way -into the crossing, pedestrians have a perception that there is an inadequate amount of crossing time, when in fact, the intent -of the message is to complete the crossing.as quickly as possible or to not start the crossing if not alreadv done so. Page 2 CORP0228 -2/02 It is great to receive feedback from residents and advised that they have conducted several site studies with visually impaired which have been very valuable. J. Cafarelli suggested that if there are any sites. of concern they would be glad to visit these and see how they can improve the crossing. In some areas, the delay to use the crosswalk is due to the conditions of the sidewalks.. They are working with City staff to improve any areas where it may be difficult to access the signals. T. Logan stated that some crosswalks, for example at Highway 2 and Dixie, do not allow sufficient time to safely cross which is an issue for people with disabilities and seniors. J. Cafarelli stated that some municipalities extend the flashing hand signal to allow for additional crossing time. Studies show that most people walk faster than the average pedestrian speed of 1.25 min per second. By increasing the crossing time at all intersections, then we would be extending crossing times greatly where it may not be required,. Councillor O'Connell indicated that the Region of Durham should consider setting the crossing time at the lowest speed to be inclusive of all pedestrians, and providing adequate time for everyone to safely cross the intersection. She also requested that the policy be reviewed to increase the crossing times at wider intersections and those intersections located near seniors residences. The current crossing times seem inadequate and may be putting most pedestrians at risk. J. Cafarelli advised that he will forward this recommendation to his manager for review. Councillor O'Connell noted that the study may be an, opportunity for the Region to review the current crossing times and adjust the walking speed. She requested that.the report be submitted to the Region Works Committee for their review and would like to be kept apprised of when it will be available. M. Brenner commented that the.report should also be shared with the Region's Accessibility Advisory Committee and all,the other committees in the Region. J. Cafarelli indicated that he will bring these recommendations forward to his manager and share the report with the Regional AAC. Page 3 CORP0228 -2/02 M. Brenner also stated that there should have been public consultation as part of this study. It seems that the report is being circulated after only conducting the study and no input from any of the Accessibility Advisory Committees. This should be considered as part of their duo diligence. J. Cafarelli thanked M. Brenner for his comments and advised that he will bring them forward to his Manager. T. Arvisais questioned why the pedestrian signal crossings are not all the same across the province. J. Cafarelli stated that the Region of Durham uses a different methodology based on prevailing conditions, but also agrees that the signals and crossing times should be consistent across GTA and Ontario. D. Sharma enquired how often the Region performs the recalibration of signals as there seems to be so many concerns with the time and noted that with the aging population, walking speed will decrease. J. Cafarelli indicated that they conduct regular checks on signals on an annual basis and that the walking speeds have been in effect for 30 years, but constantly being reviewed and the policy is updated as needed. He further noted that they are currently evaluating a new ' system for pedestrian detection technology, at a pilot location in Bowmanville. S. Wilkinson expressed further concerns that the crossing time is not long enough as most of the time, she is in the middle of the crossing and the flashing hand comes up. She would appreciate a review of some of the crossings she uses most often. J. Cafarelli advised that she should continue crossing as most crossings allow for sufficient time to _get across and noted that he is available to meet with residents to review any crossings identified as a concern. P. Noronha- Waldriff suggested that the Region consider a promotion campaign to better inform pedestrians about the crossing signal. Page 4 CORP0228 -2/02 J. Cafarelli advised that they will be updating the website and are currently revising their brochures and agreed to send copies to Prem for the committee members. K. Falconer enquired if the Region maintains any statistics on pedestrian accidents at crossings, whether they are due to slips and falls while trying to cross the intersection faster. J. Cafarelli advised that they do not have any statistics on accidents but he indicated that Durham is significantly better than other municipalities in continually reviewing their best practices and ensuring safe crossing access. It was noted that updates on changes to crossings have been sent out to the committee members recently. K. Falconer stated that he agrees that the study should also be circulated to the all accessibility advisory committees as well as seek public consultation for input and feedback. D. Tierney enquired who determines where a crossing signal device is installed when there is no intersection. For example, the crossing at Valley Farm Road location: Councillor O'Connell advised that sometimes these are initiated by Council after review and requests from area residents. It was noted that the sidewalk at this location is not properly adjusted for cross walk. Scott Booker advised that they will be reviewing it. K. Falconer enquired on the cost of pedestrian detection technology and J. Cafarelli indicated that it is approximately $9,000 / crossing for a total of $36,000 for a 4 way crossing. D. Shields thanked Joe and Victor for attending the meeting and providing an update on pedestrian crossing signals. The committee members will discuss next steps with regards to requesting on site crossing reviews with Joe and Victor as well as obtaining a copy of the study when it is released. Curb Cut Presentation Scott Booker Scott Booker appeared before the Committee to do a presentation on Sidewalks and Curb Cuts. Scott is the Senior Coordinator, Design & Asset Management with the newly formed Engineering & Public Works Department. He mentioned that the City is provincially mandated to conduct sidewalk inspection on an annual basis. Page 5 CORP0228 -2/02 There are currently approximately 287 kms of sidewalks in Pickering. The Operations section has one crew (4 man team) responsible for sidewalk maintenance. The City tracks all sidewalk related concerns through the Customer Care Centre. Once a call is received, Customer Care will assign it to Operations for review and to be prioritized. Based on the work required the request for repair is sent to Capital Works & Infrastructure, Operations or Development. Council approves sidewalk improvements and repair as part of. its annual budget process. These funds are then managed by staff based on priority. Capital Works & Infrastructure looks after larger Capital Projects, which usually require installing new sidewalks into existing area (or widening existing sidewalks). Operations receive the bulk of the residents' calls from the Customer Care Centre. Maintenance activities include: grinding of sidewalk joints (due to trip hazards), cheapest and most economical solution; re- pouring of sidewalk sections (when grinding is not enough), sidewalk intersection work which is.becoming more specialized to accommodate accessibility concerns. They also perform winter control on designated sidewalk areas. S. Booker noted that sidewalk deficiencies occur with cracked sidewalks, sunken sidewalks, gapping sidewalks, tree roots, curb ramp issues and sub standard width. The focus has been on the sidewalks in the downtown core. Improvements were completed last year around the Civic Complex and the Library. D. Sharma enquired if the City hires consultants to expedite the work. S. Booker advised that consultants are used but they can be very expensive. Councilor O'Connell mentioned that many of the sidewalk improvements are resident driven due to complaints. received at Customer Care Centre or directly to the Councillors. Staff then determines if the repairs can be completed within the annual maintenance budget or whether it requires Council endorsement. D. Sharma suggested that the City incorporate tree design within the sidewalks. S. Booker indicated that this can be -done in some areas, such as the Nautical Village but it is very expensive. Page 6 CORP0228 -2/02 Page 7 CORP0228 -2/02 Councillor O'Connell advised that any new development includes a multi -use approach of pedestrian, cycling and road. S. Booker stated that the City is working towards completing its goals to meet the final accessibility standard under the Accessibility for Ontarians with Disabilities Act, 2005. The legislation applies to future design of new or redeveloped spaces and will be in effect as of January 1, 2016. Further discussion on the design of the lines in the sidewalk and who does them as they seem to create a challenge for some scooter and wheelchair pedestrians. It was noted that the design is approved by the City and the work is completed by independent contractors. K. Falconer mentioned that the curb cuts at the Pickering Town Centre need to be addressed. S. Booker advised that because it is private property and currently under construction, the City is not able to enforce any property standards until renovations are completed. It was however noted that by -law enforcement officers have been in contact with the mall administration and they are aware of the deficiencies. Aeview,.and Adoption_of Minutes Moved by M. Brenner Seconded by K. Falconer That the minutes of the March 27, 2013 meeting be approved as amended. Carried 5. Correspondence Update on Captioning for Council Meetings A copy of the letter from Rogers TV was circulated for discussion. Rogers TV will be working closely with municipal and regional councils in Durham to ensure captioning requirements are met when the new requirements come into effect in 2014. D. Shields advised that the matter will be reviewed at that time and further action to be determined if required. Region of Durham — Regional AAC Chairs Meeting Notice received that the next Regional AAC meeting will be held on Tuesday, June 4, 2013 from 2 to 4 pm in Room 1 -A. Page 7 CORP0228 -2/02 Page 8 CORP0228 -2/02 The Clerk's office sent an email a few weeks ago requesting availability to attend the meeting. However, no one could commit as it is a daytime meeting. M. Brenner mentioned that he could attend if no one else could. Prem to confirm K. Falconer also noted he could attend. It was the consensus Maurice Brenner's of the committee that M. Brenner would attend the meeting this attendance. time and report back at the June meeting. Region of Durham — Accessibility Award Nomination form circulated to committee members for their information. The nomination deadline is July 23`d 6.0 Business Arising from the Minutes All M. Brenner provided an update on the Total Wellness Forum scheduled for - Saturday, September 21St. The schedule for the day has been completed and they are now looking for volunteers to help with the information booth and for the event from both committees. D. Sharma and T. Arvisais volunteered for the morning sessions. 7:6' ; :2013,'AccesP bilit -:Awareness Event - June1st . All.. T. Arvisais circulated the draft agenda for the event and noted that Tom Brown is no longer available as MC. The committee is looking for an alternate. Any suggestions would be appreciated. P: Noronha- Waldriff expressed her thanks to the sub group for. their assistance in preparing this event. Volunteers are also needed to help on the day of the event. D. Sharma and T. Arvisais volunteered for the morning and D. Tierney and T. Logan for the afternoon. The City is currently working on promotion design and logo for the event. K. Falconer advised that he is awaiting confirmation from Tracy McCharles's office. 8.0 'Other Business Seniors Tax Credit — Healthy Home Sue Wilkinson S. Wilkinson is requesting support from the committee and the Members of Council to lower the a e.for the government grants Page 8 CORP0228 -2/02 available from 65+ to 60+ as there are many seniors who could stay in their home if they had assistance to retrofit their houses. It was noted that this is a provincial matter, therefore the Council of the. City of Pickering would have to pass a motion to send a letter to the province to endorse the recommendation. M. Brenner suggested that the committee invite someone from the province for a presentation to committee members to better understand the grants available for seniors. P. Noronha- Waldriff to look into possible guests and send out P. Noronha - Waldriff to an invitation for the meeting in June. follow -up. Pedestrian Crossing Study As discussed earlier, the committee is requesting that this item Prem to draft letter to be brought up for discussion at the Regional AAC meeting in the Region. June. The committee further recommended that Council pass a motion to reduce the average walking speed from 1.25 m /sec to include the lowest walking speed to incorporate all disabled pedestrians at all locations. The committee members are also requesting a copy of the study as soon as it is released and that the report be circulated for consultation to all Accessibility Advisory committees within Durham. T. Arvisais enquired why the Region of Durham no longer offers the low -flow toilet rebate program. Councillor O'Connell advised that .this was a Regional Council decision and that the program has not been available for several years now. Councillor O'Connell mentioned that the regional development charges bylaw was approved today at Council and that the bylaw takes into account all costs associated with AODA standards. K. Falconer commended S. Wilkinson for her presentation to Council on the Parking by -law and the article which appeared in the News Advertiser. The by -law is scheduled to come forward at Council before the summer recess. It was noted that the City will be holding a Day of Mourning ceremony on Friday, April 26th @ 11:30 am in' recognition of the International Day of Mourning on Sunday, April 28tH Page 9 CORP0228 -2/02 Moved by K. Falconer Seconded by M. Brenner That the meeting be adjourned. Carried Meeting Adjourned: 9:40 pm Copy: City Clerk CORP0228 -2/02 Page 10 J, I =_ ce rid 1 E41 Present: Tom Copeland David Johnson — Chair Eric Newton Bill Utton Shirley Van Steen — Vice -Chair Also Present: Mila Yeung, Assistant Secretary- Treasurer Lesley Dunne, Assistant Secretary- Treasurer Committee of Adjustment Meeting Minutes Wednesday, May 1, 2013 7:00 pm Main Committee Room Chair, David Johnson brought the meeting to order and turned the proceedings over the Vice - Chair, Shirley Van Steen to Chair the remainder of the meeting. (1) Adoption of Agenda Moved by Bill Utton Seconded by Eric Newton That the agenda for the Wednesday, May 1, 2013 meeting be adopted. Carried Unanimously (II) Adoption of Minutes Moved by David Johnson Seconded by Tom Copeland That the minutes of the 4th meeting of the Committee of Adjustment held Wednesday, April 10, 2013 be adopted. Carried Unanimously 1 CLtq no _ Committee of Adjustment Meeting Minutes Wednesday, May 1, 2013 MaTMG- 7:00 pm Main Committee Room (III) Reports P /CA 24/13 J. & D. Meulensteen 818 Kate's Lane The applicant requests relief from the following provisions of Zoning By -law 3036, as amended by By -law 4407/73: • to permit a minimum rear yard depth of 6.7 metres; whereas the by -law requires a minimum rear yard depth of 7.5 metres to permit a minimum south side yard width of 0.9 metres; whereas the by -law requires a minimum side yard width of 1.2 metres • to recognize a north side yard width of 0.1 metres to an existing shed (Shed #1) having a height of 2.0 metres, whereas the by -law requires a minimum side yard width of 1.0 metres for all accessory structures greater than 1.8 metres in height The applicant requests approval of these variances in order to obtain a building permit for a single storey addition to the rear of the existing building and ensure zoning compliance for Shed #1. M. Yeung, Assistant Secretary- Treasurer outlined comments received from the City of Pickering City Development Department recommending approval subject to conditions. Written comments were received from the City's Chief Building Official indicating consideration should be given to spatial separation issues, which will be reviewed at the building permit submission stage. Written comments were also received from CN Rail .advising that by employing brick veneer, acoustically- upgraded windows and air conditioning units that the detached dwelling will not be further exposed to railway noise. John Meulensteen, owner, was present to represent the application. Caroline Kimble was present in favour of the application. Caroline Kimble indicated brick - veneer will be used for the proposed addition and expressed a concern with the acoustically- upgraded windows that CN Rail has recommended. Caroline Kimble provided clarification to the Committee regarding the CN Rail's recommendations and City staff concurred with the explanation. 2 Citq o¢ _ Committee of Adjustment Meeting Minutes Wednesday, May 1, 2013 1 IRINGr 7:00 pm Main Committee Room Moved by Eric Newton Seconded by Bill Utton That application P /CA 24/13 by J. & D. Meulensteen, be Approved on the grounds that the minimum rear yard depth of 6.7 metres, the minimum south side yard width of 0.9 metres and the north side yard width of 0.1 metres to an existing shed are minor in nature 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 single storey addition and . Shed #1, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains a building permit for the proposed single storey addition by May 1, 2015, or the decision affecting its rear and side yard setbacks shall become null and void. Carried Unanimously 2. P /CA 25/13 J. & J. Gray 699 Front Road The applicant requests relief from Zoning By -law 2511 to permit a front yard depth of 0.3 metres to a second storey addition above the existing dwelling and a front yard depth of 5.2 metres to a proposed two - storey addition supporting a covered vehicular entrance; whereas the by -law requires a minimum front yard depth of 7.5 metres. The applicant requests approval of these variances in order to obtain a building permit for a proposed addition to the existing dwelling. M. Yeung, Assistant Secretary- Treasurer outlined comments received from the City of Pickering City Development Department recommending deferral to allow the Heritage Pickering Advisory Committee an opportunity to review and comment on the application. Written comments were received from the City's Chief Building Official indicating the proposed second storey addition above the existing dwelling may affect the existing foundations and will be addressed at the building permit stage. Written comments were also received from the City's Development Control Manager expressing no concerns. 3 Fri - 0- 4A i rim a 7N I Committee of Adjustment Meeting Minutes Wednesday, May 1, 2013 7:00 pm Main Committee Room Jesse & Jodie Gray, owners, were present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Bill Utton Seconded by David Johnson That application P /CA 25/13 by J. & J. Gray, be Deferred to the June 12, 2013 meeting to allow the Heritage Pickering Advisory Committee time to review and comment on the application. Carried Unanimously (IV) Adjournment Moved by Eric Newton Seconded by Bill Utton That the 5th meeting of the 2013 Committee of Adjustment be adjourned at 7:15 pm and the next meeting of the Committee of Adjustment be held on Wednesday, May 22, 2013. Carried Unanimously Date / --- /�; /jam hair Assistant Secretary- Treasurer 12 Present: Tom Copeland David Johnson — Chair Bill Utton Also Present: Committee of Adjustment Meeting Minutes Wednesday, May 22, 2013 7:00 pm Main Committee Room Mila Yeung, Assistant Secretary- Treasurer Lesley Dunne, Assistant Secretary- Treasurer Melissa Markham, Principal Planner, Development Review Absent: Eric Newton Shirley Van Steen — Vice -Chair (1) Adoption of Agenda Moved by Bill Utton Seconded by Tom Copeland That the agenda for the Wednesday, May 22, 2013 meeting be adopted. Carried Unanimously (II) Adoption of Minutes Moved by Tom Copeland Seconded by Bill Utton That the minutes of the 5th meeting of the Committee of Adjustment held Wednesday, May 1, 2013 be adopted. Carried Unanimously 1 Cif Committee of Adjustment Meeting Minutes Wednesday, May 22, 2013 PI 7:00 pm Main Committee Room (III) Reports P /CA 26/13 K. & J. Sukhra 1101 Gossamer Drive The applicant requests relief from Zoning By -law 3036, as amended by By -law 4113/92 to permit a minimum rear yard depth of 3.4 metres to a roof extension within the rear yard, a maximum lot coverage of 39 percent to accommodate the existing roof extension in the rear yard, and an 8 square metre shed in the front yard with a minimum front yard depth and flankage side yard width of 0.6 metres, respectively; whereas the by -law requires a minimum rear yard depth of 7.5 metres, a maximum lot coverage of 38 percent and that all accessory buildings detached from the dwelling shall be erected in the rear yard. The applicant requests approval of these variances in order to obtain a building permit for an existing roof extension within the rear yard_ and zoning compliance for an existing shed. M. Yeung, Assistant Secretary- Treasurer outlined comments received from the City of Pickering City Development Department recommending approval for the variance related to the rear yard depth and lot coverage for the existing roof extension in the rear yard, subject to conditions and recommended refusal for an 8 square metre shed within the front yard and a flankage side yard width of 0.6 metres. The City Development Department recommends that the application be amended to allow an 8 square metre shed be located in the flankage side yard with a minimum setback of 12.0 metres from the front lot line and a flankage side yard width of 0.6 metres, subject to conditions. Written comments were also received from the City's Development Control Manager and Chief Building Official both expressing no concerns. Pasha Afshar, agent, and K. & J. Sukhra, owners, were present to represent the application. Sally Gajraj of 1106 Gossamer Drive was present in favour of the application. Luigi & Nancy Morra of 1100 Pine Glen Drive and Peter Bonfiglio of 1122 Pine Glen Drive were present in objection to the application. Pasha Afshar explained there is an existing roof extension within the rear yard and it will be removed and the proposed roof extension will be approximately two feet smaller than the existing. In response to questions from a Committee Member, Pasha Afsher indicated the existing posts will be removed and replaced with metal posts and the roof extension is covering a concrete pad. 2 citq o¢ _ Committee of Adjustment Meeting Minutes Wednesday, May 22, 2013 I MG 7:00 pm Main Committee Room Sally Gajraj indicated-the subject property is well maintained and does not have a problem with the shed being located in the front yard. Luigi Morra expressed concerns with drainage onto his property and the location of the shed in the front yard. Peter Bonfiglio expressed concerns with drainage affecting surrounding properties and building without a permit. In response to questions from a Committee Member, M. Yeung, Assistant Secretary- Treasurer explained the building permit process which assesses drainage to ensure it is self contained on the property and is not aware of any other complaints reported regarding drainage. Moved by Bill Utton Seconded by Tom Copeland That application P /CA 26/13 by K. & J. Sukhra, be Deferred until the next meeting in order to give the Committee Members an opportunity to visit the site. Carried Unanimously 2. P /CA 27/13 G. Modica 481 Oakwood Drive The applicant requests relief from the following provisions of Zoning By -law 2511, as amended: • to permit a minimum south side yard width of 0.9 metres to a proposed attached garage; whereas the by -law requires a minimum side yard width of 1.5 metres • to permit a minimum flankage side yard width of 1.9 metres to a proposed covered entrance and to recognize a flankage side yard width of 1.3 metres to an existing two- storey detached dwelling; whereas the by -law requires a minimum flankage side yard width of 4.5 metres • to recognize a south side yard width of 0.7 metres to an existing two storey detached dwelling and to an existing uncovered rear deck; whereas the by -law requires a minimum side yard width of 1.5 metres 3 Committee of Adjustment C` Meeting Minutes Wednesday, May 22, 2013 P1 7:00 pm Main Committee Room • to recognize a rear yard depth of 0.7 metres and a flankage side yard width of 0.7 metres to an existing shed on a corner lot; whereas the by -law requires a minimum rear yard depth of 3.0 metres and a minimum flankage side yard width of 4.5 metres for all accessory buildings located on a corner lot The applicant requests approval of these variances in order to obtain a building permit to construct a covered entrance within the side yard and an attached garage within the front yard, as well as to obtain zoning compliance for the existing dwelling, uncovered rear deck and shed. M. Yeung, Assistant Secretary- Treasurer outlined comments received from the City of Pickering City Development Department recommending approval subject to conditions. Written comments were received from the City's Development Control Manager and Chief Building Official both expressing no concerns. Written comments were also received from Carolyn & Paul Sweenie of 473A Oakwood Drive in objection to the application. Vince Modica, agent, Guiseppe Modica, owner, were present to represent the application. Sal Modica was present in favour of the application. Robert & Sharon Van Shaik of 478 Oakwood Drive, Thomas Martin & Michelle Mitchell of 477 Oakwood Drive, Doreen Brown of 475 Oakwood Drive, Brendan Donnelly & Vera Isachenko of 479 Oakwood Drive and Dan Drummond of 482 Oakwood Drive were present in objection to the application. Correspondence received from Carolyn & Paul Sweenie expressed concerns that the subject property is a corner lot and the visual obstruction the proposed garage will have for vehicles approaching the stop sign at Staghorn Road and Oakwood Drive, safety of pedestrians due to potential traffic hazard and the siting of the garage in front of the existing home is unappealing. Carolyn & Paul Sweenie questioned if the proposal is for an attached or detached garage, the visual details in comparison to the surrounding neighbouthood, and will the face of the garage be in line with or extend further than the existing home to the south. In response to questions from concerned neighbours Vince Modica explained the house has no garage, there are several trees on the property that have to be preserved and the proposed garage is not able to be located in the rear yard because there is not enough space. Vince Modica also indicated the dwelling is registered as a 2 -unit dwelling with the City. Sal Modica explained the proposed garage will add value and blend in with the home and surrounding neighbourhood. Sal Modica also indicated the zoning issues are a result of the new street Staghorn Road. 4 Committee of Adjustment Meeting Minutes Wednesday, May 22, 2013 PI 7:00 pm Main Committee Room Robert & Sharon Van Shaik expressed concerns the proposed attached garage will negatively impact the surrounding area, decrease property values and feels the garage can be located in the rear yard off of Staghorn Road. Thomas Martin & Michelle Mitchell expressed concerns with the location of the proposed garage and feels it could be located in the rear yard out of the way. Doreen Brown expressed the same concerns as her surrounding neighbours with the location of the proposed garage and feels it could be located in the rear yard out of the way. Brendan Donnelly & Vera Isachenko expressed concerns the height of the proposed garage that it may turn into living space and feels a single car garage would be better suited for the subject property. A photo was submitted for the Committee to review and questioned where the proposed garage is going to be located and how many metres it will project outwards from the front main wall of the house. Dan Drummond indicated there have been lots of changes in the neighbourhood with large homes being built and he feels the neighbourhood is becoming over developed. Dan Drummond expressed concerns with the proposed garage having a negative visual impact and the affect it will have on the surrounding neighbourhood. Moved by Bill Utton Seconded by Tom Copeland That application P /CA 27/13 by G. Modica, be Deferred until the next meeting in order to give the Committee Members an opportunity to visit the site. Carried Unanimously 3. P /CA 28/13 H. & Z. Tieze 1877 Pine Grove Avenue The applicant requests relief from Zoning By -law 3036, as amended to permit an east side yard width of 1.0 metre to an existing detached dwelling and an east side yard width of 0.8 metres to an existing deck in the rear yard, whereas the by -law requires a minimum side yard width of 1.5 metres. 5 Cif _ Committee of Adjustment Meeting Minutes Wednesday, May 22, 2013 1 I�►11 V 7:00 pm Main Committee Room The applicant requests approval of these variances in order to obtain zoning compliance for a proposed land severance administered by the Region of Durham to create a new residential lot on the east side of the existing dwelling. M. Yeung, Assistant Secretary- Treasurer outlined comments received from the City of Pickering City Development Department recommending approval subject to conditions. Written comments were received from the City's Development Control Manager indicating the applicant be advised that through the severance application the City will require a preliminary grading plan that will address the placement of a common drainage swale to redirect roof drainage that presently drains onto the future severance lands. Written comments were received from the City's Chief Building Official indicating without any information on the dwelling, the Building Department cannot assess whether or not there is any spatial separation concerns. Written comments were also received from the Region of Durham Health Department indicating no objections, however the lots will require either connection to municipal services or compliance with the regional lot sizing policy. Jakub Tieze, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Tom Copeland Seconded by Bill Utton That application P /CA 28/13 by H. & Z. Tieze, be Approved on the grounds that the proposed east side yard width of 1.0 metre to an existing detached dwelling and an east side yard width of 0.8 metres to an existing rear deck are minor in nature 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 existing building and rear deck on the proposed retained parcel, as generally sited and outlined on the applicant's submitted plans. 0 Citq co Committee of Adjustment Meeting Minutes Wednesday, May 22, 2013 1 7:00 pm Main Committee Room 2. That the applicant demonstrates, via calculations, that the location of the proposed new property /severance line meets the spatial separation requirements of the Ontario Building Code to the satisfaction of the Chief Building Official prior to receiving final clearance for a future land severance. 3. That the applicant obtains final clearance for a future land severance by November 30, 2014, or this decision shall become null and void. Carried Unanimously 4. P /CA 29/13 G. & J. Timleck 691 Foxwood Trail The applicant requests relief from Zoning By -law 3036, as amended by By -law 1543/82 to permit a 0.2 metre south side yard width to an existing accessory structure (pergola attached to a deck) not part of the main building, whereas the by -law requires a minimum side yard width of 1.0 metre for all accessory structures not part of the main building. The applicant requests approval of this variance in order to obtain a building permit for an existing accessory structure (pergola attached to a deck) associated with an above ground pool. M. Yeung, Assistant Secretary- Treasurer outlined comments received from the City of Pickering City Development Department recommending refusal. Written comments were also received from the City's Development Control Manager and Chief Building Official both expressing no concerns. James Timleck, owner, Jim Drakopoulos, agent, were present to represent the application. Douglas Kutz of 693 Foxwood Trail was present in favour of the application. James Timleck indicated this minor variance application is only in front of the committee because of a complaint that was filed on the height of the existing privacy fence and accessory structure (pergola and deck) and not on the side yard width. He further indicated that since the height of the privacy fence and deck is below City requirements and there are no complaints regarding the side yard width, the Committee should approve the application. James Timleck explained if the deck was relocated or reduced in width size, it will not change the visual impact on surrounding neighbours but rather there would be a safety concern with the lack of space on the deck for people to pass. 7 Cif Committee of Adjustment Meeting Minutes Wednesday, May 22, 2013 PI 7:00 pm Main Committee Room In response to questions from Committee Members, James Timleck advised that the above ground pool was installed in 2011 and the deck was built in the spring of 2012. In addition, the Committee Member questioned James Timleck for not obtaining a building permit and whether the existing accessory structure and deck will comply with the Ontario Building Code. James Timleck responded that he did not know he needed a building permit as the structure is soundly built, but he anticipates that he would have no issues in obtaining a building permit to comply with the Ontario Building Code. Jim Drakopoulos explained if the structure was reduced in size there will be a safety issue and if it is relocated there will be no change on the visual impact on the surrounding neigbourhood. The Committee Members also questioned the agent for building without a building permit. Jim Drakopoulos indicated he was not employed for the construction of the accessory structure. Douglas Kutz indicated moving or making the structure smaller will provide no change and if the structure was to be made smaller, there will be a safety concern for the users walking on the deck. Douglas Kutz explained the existing construction does not impact property values. Moved by Tom Copeland Seconded by Bill Utton That application P /CA 29/13 by G. & J. Timleck, be Deferred until the next meeting in order to give the Committee Members an opportunity to visit the site. Carried Unanimously 0 (IV) Adjournment Moved by Bill Utton Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, May 22, 2013 7:00 pm Main Committee Room That the 6th meeting of the 2013 Committee of Adjustment be adjourned at 8:13 pm and the next meeting of the Committee of Adjustment be held on Wednesday, June 12, 2013. Carried Unanimously Assistant Secretary- Treasurer 0