HomeMy WebLinkAboutMay 15, 2017
Council Agenda
Monday, May 15, 2017
Council Chambers
7:00 pm
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905.420.4660 extension 2928. lroberts@pickering.ca
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XI) Other Business
XII) Confirmation By-law
XIII) Adjournment
Council Meeting Agenda
Monday, May 15, 2017
Council Chambers
7:00pm
For information related to accessibility requirements please contact:
Linda Roberts
905.420.4660 extension 2928
lroberts@pickering.ca
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Present:
Mayor Ryan
Councillors:
K. Ashe
M. Brenner
S. Butt
I. Cumming
B. Mclean
D. Pickles
Also Present:
-Chief Administrative Officer
-Director, City Development & CBO
Council Meeting Minutes
April11, 2017
7:00 pm -Council Chambers
T. Prevedel
K. Bentley
P. Bigioni
J. Hagg
-Director, Corporate Services & City Solicitor
R. Holborn
S. Karwowski
M. Gadzovski
C. Rose
N. Surti
D. Shields
-Fire Chief
-Director, Engineering Services
-Director, Finance & Treasurer
-Division Head, Water Resources & Development Services
-Chief Planner
-Manager, Development Review & Urban Design
-City Clerk
(I) Invocation
Mayor Ryan called the meeting to order and led Council in the saying of the Invocation.
(II) Disclosure of Interest
There were no disclosures of interest noted.
(Ill) Adoption of Minutes
Resolution #278/17
Moved by Councillor Cumming
Seconded by Councillor Brenner
In Camera Council Meeting Minutes, March 13, 2017
Council Meeting Minutes, March 13, 2017
Executive Committee Minutes, April 3, 2017
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Council Meeting Minutes
April11, 2017
7:00 pm -Council Chambers
Planning & Development Committee Minutes, April 3, 2017
(IV) Delegations
1. Durham Regional Police Services
Re: Body Worn Camera Project
Carried
Inspector Sean Fitzgerald, PC Marten Wind, Assistant Project Manager and A!Sgt Jason
Bagg, Project Manager for Durham Regional Police Services Body Worn Camera Project
appeared before Council to give an overview of the project. He noted that the pilot project
was being conducted to investigate the pros and cons of body worn camera. He noted that it
could be a valuable tool for Police in improving trust and accountability and Policy legitimacy.
He noted that body worn cameras could serve to document and provide checks and
balances for the Police. He noted that the first steps in the project are to collect information,
measure the effects body worn cameras will have and the financial implications. He
requested that Pickering direct comments to Durham Regional Police Service and encourage
residents to complete the Survey regarding body worn cameras.
A question and answer period ensued on when cameras would be activated by the Police
Officer, whether they would be turned off when entering a persons residents, whether each
Officer would have one or would they be shared, the retention period for video records, and
the financial implications of this project.
2. Ryan Guetter, Weston Consulting
Re: City Centre Zoning By-law 7553/17 & City Centre Urban Design Guidelines and
Zoning By-law 7554/17
Mr. Guetter of Weston Consulting appeared before Council and noted that his clients were
satisfied with the documents. He stated that he was in attendan.ce to answer any questions
Council may have.
(V) Committee Reports
Report EC 2017-03 of the Executive Committee
2. Director, Engineering Services, Report ENG 06-17
Amendment to Traffic and Parking By-law 6604/05
-Inclusion of New Roads and Traffic Controls
Council Decision
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Council Meeting Minutes
April11, 2017
7:00pm-Council Chambers
1. That the attached draft by-law be enacted to amend Schedule "2", Schedule "5",
Schedule "6", Schedule "7", Schedule "9" and Schedule "10" to By-law 6604/05
to provide for the regulation of stopping and parking on highways or parts of
highways under the jurisdiction of the Corporation of the City of Pickering, ·
specifically to provide for the inclusion of new roads and traffic controls into the
Traffic and Parking By-law;
2. That the appropriate officials of the City of Pickering be authorized to take the
necessary actions as indicated in this report.
3. Director, Engineering Services, Report ENG 07-17
Asphalt Resurfacing on Various City Streets, Trails and Driveways
-Tender No. T-2-2017
Council Decision
1. That Tender No. T-2-2017 for Asphalt Resurfacing on Various City Streets, Trails
& Driveways as submitted by Furfari Paving Co. Ltd. in the total tendered amount
of $1,487,065.99 (HST included) be amended to include an additional
$33,7 43.30 (HST included) for expansion of the Strouds Lane Project from
Foxwood Trail to Amberlea Road be accepted;
2. That the total gross project cost of $1,858,871.00 (HST included), including the
tender amount and other associated costs, and the total net project cost of
$1,673,971.00 (net of HST rebate) be approved;
3. That Council authorize the Director, Finance & Treasurer to finance the net
project cost of $1,673,971.00 as follows:
a) The sum $1,084,777.00 as approved in the 2017 Capital Budget to be
funded by a transfer from the Federal Gas Tax Reserve Fund;
b) The sum of $390,315.00 as approved in the 2017 Capital Budget to be
funded from the Ontario Community Infrastructure Fund (OCIF) Grant;
c) The sum of $47,000.00 for the Kinsmen Park Maintenance Road be
financed by undertaking an internal loan for a term of 5 year;
d) The sum of $109,000.00 for the Waterfront Trail be financed by\
undertaking an internal loan for a term of 5 years;
e) The sum of $41 ,655.00 as approved in the 2016 Capital Budget to be
funded by a transfer from the Roads & Bridges Reserve Fund;
f) The balance sum of $1,224.00 be funded from property taxes; and
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Council Meeting Minutes
April 11, 2017
7:00 pm -Council Chambers
4. That the appropriate officials of the City of Pickering be authorized to take the
necessary actions as indicated in this report.
4. Director, Finance & Treasurer, Report FIN 06-17
Low Income Seniors and Persons with Disabilities Property Tax Grant Program
Council Decision
1. That Report FIN 06-17 of the Director, Finance & Treasurer regarding the Low
Income Seniors and Low Income Persons with Disabilities Property Tax Grant be
received;
2. That the attached By-law, providing for the Low Income Seniors and Low Income
Persons with Disabilities Property Tax Grant be enacted; and
3. That the appropriate City of Pickering officials be authorized to take the
necessary actions as indicated in this report.
5. Director, Corporate Services & City Solicitor, Report LEG 03-17
Mattamy (Seaton) Limited (Phase I)
-Seaton Master Parks Agreement and Seaton Easement
Conveyance Agreement
Council Decision
1. That Report LEG 03-17 respecting the Seaton Master Parks Agreement and
Seaton Easement Conveyance Agreement be received;
2. That the Seaton Master Parks Agreement, substantially in the form included in
this Report as Attachment No. 1, be entered into by the City to govern the
provision of parkland within Seaton, subject to such minor revisions as are
satisfactory to the Director, Corporate Services & City Solicitor;
3. That the Seaton Easement Conveyance Agreement, substantially in the form
included in this Report as Attachment No. 2, be entered into by the City in
respect of the Mattamy (Seaton) Limited Phase I subdivision (SP-2009-13),
subject to such minor revisions as are satisfactory to the Director, Corporate
Services & City Solicitor;
4. That the form of Easement Conveyance Agreement included in this Report as
Attachment No. 2, subject to revisions approved by the Director, Corporate
Services & City Solicitor, be used by the City for all easements required to permit
the location of storm water management ponds and facilities on Provincial lands,
as needed to service other Seaton subdivisions;
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Council Meeting Minutes
April11, 2017
7:00 pm -Council Chambers
5. That the said Agreements, including all future Easement Conveyance
Agreements in Seaton, be executed by the Mayor and City Clerk; and
6. That the appropriate City of Pickering officials be authorized to take the
necessary actions as indicated in this Report.
6. Director, City Development & CBO, Report PLN 05-17
City of Pickering
LED Streetlight Conversion Program
Council Decision
1. That Council endorse staff's recommendation to retain Realterm Energy Corp. to
convert the City's High Pressure Sodium (HPS) and Mercury Vapour (MV)
streetlight luminaires to energy efficient Light Emitting Diode (LED) streetlight
luminaires;
2. That Council approve the award of a single source contract to Realterm Energy
Corp. in accordance with the City's Purchasing Policy, Item 09.09 in the amount
of $6,439,926.50 (HST included);
3. That the total gross project cost of $6,773,782.00 (HST included) including the
cost proposal from Realterm Energy Corp. and other associated costs, and the
total net project cost of $6,100,000.00 (net of HST rebate) be approved;
4. That Council authorize the Director, Finance & Treasurer to finance the total net .
project cost of $6,100,000.00 as follows:
a) The sum of $3,880,000.00 as approved in the 2016 Capital Budget for
Streetlight Luminaries Replacement -Phase 2, be funded by a transfer
from the Federal Gas Tax Reserve Fund;
b) The sum of $1,500,000.00 as approved in the 2016 Capital Budget for
Streetlight Luminaires Replacement-Phase 2, be funded by a transfer
from the Rate Stabilization Reserve;
c) The sum of $500,000.00 as approved in the 2017 Capital Budget for
Streetlight Luminaires Replacement-Phase 3, be funded by a transfer
from the Independent Electricity System Operator (IESO) incentive grant;
d) An additional amount of $100,000.00 from savings realized in Tender
No. T-2-2017, Asphalt Resurfacing on Various City Streets, Trails, and
Driveways be applied to the Streetlight Luminaires Replacement-Phase
2 project to cover incremental costs and be funded by a transfer from the
Federal Gas Tax Reserve Fund;
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Council Meeting Minutes
April11, 2017
7:00 pm -Council Chambers
e) The Phase 1 funding from Capitl Project Account 5325.1603.7505 in the
amount of $120,000.00 funded by a transfer from the Federal Gas Tax
Reserve Fund be applied to the Streetlight Luminaires Replacement-
Phase 2 project;
5. That the Mayor and Clerk be authorized to sign an agreement between the City
and Realterm Energy Corp. in a form satisfactory to the Director, Corporate
Services & City Solicitor;
6. That staff consult with the Whitevale and District Residents' Association on the
selection of a LED lighting luminaire that best reflects the character of the
Heritage Conservation District and that staff consider the preferred LED
luminaire and associated costs as part of the 2018 Capital Budget;
7. That the Director, Finance & 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; and
8. That the appropriate officials of the City of Pickering be authorized to take the
necessary actions as indicated in this report.
Moved by Councillor Pickles
Seconded by Councillor Brenner
Resolution # 279/17
That Report 2017-03 of the Executive Committee meeting held on April 3, 2017 save
and except Item 1, be adopted.
1. Director, Engineering Services, Report ENG 02-17
Toronto and Region Conservation Authority
-Greenwood Conservation Lands Master Plan
-Brock North Lands
Carried
A question and answer period ensued with respect to questions raised at the Executive
Meeting regarding financial details of the project. Members also requested regular
updates.
Moved by Councillor Pickles
Seconded by Councillor Brenner
Resolution # 280/17
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Council Meeting Minutes
April11, 2017
7:00 pm -Council Chambers
1 . That staff be authorized to waive any future fill permit tipping fees and securities
(refundable deposits) as required by the current Fees & Charges By-law, from
the Toronto and Region Conservation Authority (TRCA) related to the Brock
North Lands site for the term of the fill operation at the site;
2. That Council authorize staff to enter into discussion with City of Toronto staff, in
an effort to have the City of Toronto waive the requirement set out in the
agreement of purchase and sale between the City of Toronto and the TRCA
dated the 18th day of January, 2011, for payment of fair market value for all of the
property entitlements, interests and permissions conveyed or granted by TRCA
to the City of Pickering for ancillary uses on the Brock North Lands;
3. That staff be authorized to work with the TRCA on the development of a
landscape master plan for the Brock North Lands that achieves a balance
between ecological restoration and preparation for recreational facilities, while
incorporating the importation and placement of approximately 1.7 million cubic
metres of clean fill;
4. That staff be authorized to work with the TRCA to amend the existing
management agreement between the City of Pickering and TRCA to include the
permitted ancillary and recreational uses for the Brock North Lands on terms
similar to the existing management agreement;
5. That a copy of this report be forwarded to TRCA; and
6. That the appropriate City officials be authorized to take the necessary actions as
indicated in this report.
Carried
b) Report PO 2017-03 of the Planning & Development Committee
1. Director, City Development & CBO, Report PLN 04-17
Pickering Nuclear Generating Station
Status of Activities
Council Decision
1 . That Report PLN 04-17 of the Director, City Development & CBO regarding the
status of activities at the Pickering Nuclear Generating Station be received for
information;
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Council Meeting Minutes
. April11, 2017
7:00 pm -Council Chambers
2. That staff continue to report to Council at strategic milestones during the
extended operations and retirement of the Pickering Nuclear Generating Station;
and
3. That a copy of Report PLN 04-17 be forwarded to the Region of Durham, the
Ministry of Energy, Ontario Power Generation, and Hydro One.
Resolution # 281/17
Moved by Councillor Pickles
Seconded by Councillor Brenner
That Report 2017-03 of the Planning & Development Committee meeting held on April 3,
2017, be adopted,
(VI} New and Unfinished Business
1. Director, Community Services, Report CS 05-17
Beach Volleyball Court Licence Agreement
-Solswtice Sport Inc.
Resolution # 282/17
Moved by Councillor Ashe
Seconded by Councillor Brenner
Carried
1 . That the Mayor and City Clerk be authorized to execute the Licence Agreement
set out in attachment 1 of this Report to which Solstice Sport Inc. will be
permitted to operate beach volleyball programs in Diana, Princess of Wales Park
for a 5 year term beginning May 1, 2017 and ending September 30, 2021,
subject to minor revisions acceptable to the Director, Community Services and
the Director, Corporate Services & City Solicitor; and
2. That the appropriate City officials be authorized to take the necessary actions as
indicated in this report.
2 Director, City Development & CBO, Report PLN 07-17
Zoning By-law Amendment Application A 06/16
City Initiated Zoning By-law and Urban Design Guidelines
City Centre
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Resolution # 283/17
Moved by Councillor Brenner
Seconded by Councillor Cumming
Council Meeting Minutes
April11, 2017
7:00pm-Council Chambers
1. That the City initiated City Centre Zoning By-law 7553/17, dated April 3, 2017, as
set out in Appendix I to report PLN 07-17, and previously endorsed in draft by
Council on January 16,2017, be enacted; and
2. Thatthe City Centre Urban Design Guidelines, dated April3, 2017, as set out in
Appendix II to report PLN 07-17, and previously endorsed in draft by Council on
January 16, 2017, be approved.
Carried
(VII) Notice of Motion
a) Please Slow Down Campaign
A question and answer period ensued regarding concerns with implementing the campaign
without more detail on how it will work, regulations that residents will be required to follow, sign
pollution and financial impacts as well as time restraints.
Moved by Councillor Brenner
Seconded by Councillor Butt
Resolution # 284/17
Whereas safe roads is a priority for the City of Pickering and its residents;
Whereas the need to address speeding on City roads is a growing concern to residents;
Whereas the City of Pickering is committed to addressing these concerns by working with
Durham Regional Police, City and Regional staff, and residents through enforcement,
education, awareness and traffic calming options;
Whereas several communities across Ontario, including the City of Toronto has adopted the
"Please Slow Down" campaign in partnership with its residents;
Whereas documented evidence from the City of Toronto has confirmed 96% satisfaction rate
·with the campaign, including 26% noting strong improvement, and 24% moderate impact;
Whereas residents from Wards 1, 2 and 3 desire to have the City implement measures to
address the problem of speeding;
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Council Meeting Minutes
April11, 2017
7:00 pm -Council Chambers
Whereas several community groups would be interested in partnering on a "Please Slow
Down" campaign;
Now therefore be it resolved that the City of Pickering adopt the "Please Slow Down"
campaign on City roads, and that Staff report back to Council no later than the June 26th
meeting on its implementation.
Moved by Councillor Brenner
Seconded by Councillor Ashe
Resolution # 285/17
Refered back to Staff by the
Following Motion
That the "Please Slow Down" campaign be referred to staff for further investigation and that
Staff report back to Council no later than the September 11th meeting.
Carried.
b) Support for Building Canada's First Microgrid Community in Pickering
Resolution # 286/17
Moved by Councillor Brenner
Seconded by Councillor Pickles
Whereas Marshall Homes, in partnership with Veridian Connections and Opus One Solutions,
has brought forward a proposal to build Canada's first microgrid community in the City of
Pickering;
Whereas Marshall Homes will build a 28-unit townhouse complex at 1956 Altona Road, which
will be engineered to include community-scale solar power generation, including a 500 kWh
T esla battery;
Whereas this state-of-the-art "Transactive Energy" control system will provide a customer
control, as well as power system flexibility for intelligent, automated two-way power flow to
benefit grid management imperatives; and an adaptive infrastructure to enable innovative
technology development to demonstrate integration among multiple energy generation and
demand resources;
Whereas the total investment for the project will be $3.142 million, arranged by the proponents
without any request for financial contribution from the City of Pickering;
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Council Meeting Minutes
April11, 2017
7:00pm-Council Chambers
Whereas for this environmental and sustainable project to proceed, it requires support from the
TRCA to enable construction of the solar generated transformer station on abutting lands;
Now therefore be it resolved that the City of Pickering support this initiative by sending a letter
to the TRCA requesting that the TRCA provide the necessary approvals in a timely manner for
this project to proceed.
Carried
(VIII) By-laws
7551/17
7552/17
7553/17
7554/17
7555/17
Being a by-law to amend By-law 6604/05 providing for the regulating of traffic
and parking, standing and stopping on highways or parts of highways under the
jurisdiction of the City of Pickering and on private and municipal property.
Being a by-law to provide relief of financial hardship for low income seniors and
low income persons with disabilities.
City Centre Zoning By-law.
Being a by-law to amend Restricted Area (Zoning) By-law 2520, as amended, to
implement the Official Plan of the City of Pickering, Region of Durham being Part
of Lot 18, Concession 2, in the City of Pickering (A 03/17).
Being a by-law to amend Schedule A of By-law 7362/14 appointing Inspectors.
Resolution # 287/17
Moved by Councillor Ashe
Seconded by Councillor Brenner
That By-law Nos. 7551/17 through 7555/17, be approved.
Carried
(IX) Confirmation By-law
By-law Number #7556/17
Councillor Pickles, seconded by Councillor Butt moved for leave to introduce a By-law
of the City of Pickering to confirm those proceedings of April 11 , 2017.
Carried
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(X) Adjournment
Moved by Councillor Cumming
Seconded by Councillor Ashe
Council Meeting Minutes
April11, 2017
7:00 pm -Council Chambers
That the meeting be adjourned at 8:05 pm.
Dated this 11th day of April, 2017.
Mayor Ryan
Debbie Shields
City Clerk
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Present:
Mayor Ryan
Councillors:
M. -Brenner
S.Butt
I. Cumming
B. Mclean
Absent:
K.Ashe
D. Pickles
Also Present:
-Chief Administrative Officer
Executive Committee
Meeting Minutes
Monday, May 8, 2017
2:00pm Council Chambers
Chair: Councillor Butt
T. Prevedel
K. Bentley
P. Bigioni
M. Carpino
J.Hagg
-Director, City Development & Chief Building Official
R. Holborn
S. Karwowski
C. Rose
D. Shields
G. McGregor
L. Roberts
-Director, Corporate Services & City Solicitor
-Director, Community Services
-Fire Chief
-Director, Engineering Services
-Director, Finance & Treasurer
-Chief Planner
-City Clerk
-Manager, Strategic Initiatives & Sustainability
-Committee Coordinator
(I) Disclosure of Interest
No disclosures of interest were noted.
(II) Matters for Consideration
Brian Kelly, Manager of Sustainability, Region of Durham, appeared before the
Committee in support of Report PLN 06-17. Through the aid of a power point
presentation, he provided an overview of the Durham Community Climate Adaptation
Plan. He noted that he was present to seek approval in principle for the Plan and also
to seek a delegation from City of Pickering staff to participate in Working Groups as part
of the next steps to develop programs. Through his presentation, Mr. Kelly outlined the
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Executive Committee
Meeting Minutes
Monday, May 8, 2017
2:00 pm Council Chambers
Chair: Councillor Butt
various phases and future plans, noting the complexity of the plan as no one level of
authority is involved.
1. Director, City Development & CBO, Report PLN 06-17
City of Pickering
Durham Community Climate Adaptation Plan
Recommendation
Moved by Councillor Mclean
Seconded by Councillor Cumming
1. That Council approves the Durham Community Climate Adaptation Plan in principle;
2. That Council authorizes staff to participate in the Working Groups being
established by the Region of Durham to develop the 18 proposed Programs as part
of Phase 3: Program Approval and Funding;
3. That Council authorizes staff to participate in the development of a Reporting
Framework for joint tracking of the Programs in the Durham Community Climate
Adaptation Plan; and
4. That the City Clerk forward a copy of Report PLN 06-17 to the Region of
Durham.
2. Director, Community Services, Report CS 08-17
Tender for Pickering Civic Complex Roof Repairs
-Tender No. T-1 0-2017
Carried
A brief discussion period ensued regarding the warranty as well as materials with
respect to the roof repairs.
Recommendation
Moved by Councillor Cumming
Seconded by Councillor Brenner
1.. That Tender No. T-10-2017 submitted by Foran's Roofing and & Sheetmetal
Limited in the amount of $499,460.00 (HST included) be accepted;
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Executive Committee
Meeting Minutes
Monday, May 8, 2017
2:00 pm Council Chambers
Chair: Councillor Butt
b) That Council authorize a transfer of $80,173 from the Building Permit
Stabilization Reserve Fund to the Rate Stabilization Reserve (Account
#7021).
2. That the appropriate City of Pickering officials be authorized to take the
necessary actions as indicated in this report.
Carried
4. Director, Finance & Treasurer, Report FIN 08-17
2017 Tax Rates and Final Tax Due Dates for all Realty Tax Classes,
Except for Commercial, Industrial and Multi-Residential Realty Classes
Recommendation
Moved by Councillor Brenner
Seconded by Mayor Ryan
1. That Report FIN 08-17 of the Director, Finance & Treasurer regarding the 2017
tax rates be received;
2. That the 2017 tax rates for the City of Pickering be approved as contained in
Schedule A of the By-law attached hereto;
3. That the tax levy due dates for the Final Billing be June 28, 2017 and September
28, 2017 excluding the industrial, multi-residential and commercial realty tax
classes;
4. That for the year 2017, the City shall levy upon designated Universities and
Colleges an annual tax at the prescribed amount for each full-time student enrolled
in the University or College, as determined by the Minister of Training, Colleges
and Universities, payable on or after July 1st ;
5. That the attached By-law be approved;
6. That the Director, 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,
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Executive Committee
Meeting Minutes
Monday, May 8, 2017
2:00 pm Council Chambers
Chair: Councillor Butt
7. That the appropriate City of Pickering officials be authorized to take the
necessary actions to give effect thereto.
Carried
5. Director, Finance & Treasurer, Report FIN 09-17
Section 357/358 of the Municipal Act-Adjustment to Taxes
Recommendation
Moved by Mayor Ryan
Seconded by Councillor Cumming
1 . That the write-off of taxes as provided for in Attachment 1, in accordance with
Sections 357/358 of the Municipal Act, 2001 be approved; and
2. That the appropriate officials of the City of Pickering be authorized to take the
necessary actions as indicated in this report.
6. Director, Finance & Treasurer, Report FIN 10-17
Commodity Price Hedging Agreements Report
Recommendation
Moved by Councillor Brenner
Seconded by Councillor Cumming
Carried
It is recommended that Report FIN 10-17 from the Director, Finance & Treasurer
regarding commodity price hedging agreements be received for information.
Carried
(Ill) Adjournment
The meeting adjourned at 2:20 pm.
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Present:
Mayor Ryan
Councillors:
M. Brenner
S.Butt
I. Cumming
B. Mclean
Absent:
K. Ashe
D. Pickles
Also Present:
-Chief Administrative Officer
Planning & Development
Committee Meeting Minutes
· Monday, May 8, 2017
7:00 pm -Council Chambers
Chair: Councillor Brenner
T. Prevedel
P. Bigioni
K. Bentley
C. Rose
-Director, Corporate Services & City Solicitor
L. Harker
N. Surti
R. Pym
C. Morrison
L. Roberts
-Director, City Development & CBO
-Chief Planner
-Deputy Clerk
-Manager, Development Review & Urban Design
-Principal Planner & Strategic Initiatives
-Planner I
-Committee Coordinator
(I) Disclosure of Interest
No disclosures of interest were noted.
(II) Part "A" Information Reports
Councillor Brenner, Chair, gave an outline of the requirements for a Statutory Meeting
under the Planning Act. He outlined the notification process procedures and also noted
that if a person or public body does not make oral or written submissions to the City .
before the by-law is passed, that person or public body are not entitled to appeal the
decision of City Council to the Ontario Municipal Board, and may not be entitled to be
added as a party to the hearing unless, in the opinion of the Board, there are
reasonable grounds to do so.
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Planning & Development
Committee Meeting Minutes
Monday, May 8, 2017
7:00 pm -Council Chambers
Chair: Councillor Brenner
C. Rose, Chief Planner, appeared before the Committee to act as facilitator for the
public portion of the meeting, explaining the process for discussion purposes as well as
the order of speakers.
1. Information Report No. 03-17
Zoning By-law Amendment Application A 04/17 ·
Request for Red-Line Revision of Draft Approved Plan of
Subdivision SP-2008-11 (R)
1133373 Ontario Limited and Lebovic Enterprises .Limited
Part of Lots 22, 23, 24 and ~5, Concession 4
Seaton Community, City of Pickering
A public information meeting was held under the Planning Act, for the purpose of
informing the public with respect to the above-noted application.
Ross Pym, Principal Planner & Strategic Initiatives, appeared before the Committee and
through the aid of a power point presentation, provided an overview of the application,
outlining the lands to be developed within the Seaton community. He also outlined the
minor revisions and proposed zoning changes.
Lloyd Cherniak, Lebovic Enterprises Ltd., appeared before the Committee on behalf of
the applicant, explaining the reasons for the minor revisions to the application.
No members of the public appeared in favour of or in opposition to the application.
A brief discussion period ensued with Members seeking clarification of certain
terminology for the benefit of the public in attendance. They also questioned
architectural control with respect to the development.
2. Information Report No. 04-17
Zoning By-law Amendment Application A 14/16
R. & S. Cross
Part of Lot 3, Plan 12, Now Part 1 Plan 40R5734
(4993 Brock Road)
A public information meeting was held under the Planning Act, for the purpose of
informing the public with respect to the above-noted application.
C. Morrison, Planner I, appeared before the Committee and through the aid of a power
point presentation, outlined the proposed development for 4993 Brock Road, indicating
that the applicant proposes to demolish the existing dwelling and coach house in order
2
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PlCKERJNG
Planning & Development
Committee Meeting Minutes
Monday, May 8, 2017
7:00 pm -Council Chambers
Chair: Councillor Brenner
to construct a new building containing two separate dwelling units. He also outlined
resident and agency comments received to date.
Peter Barton, Avtech Designs appeared before the Committee on behalf of the
applicant in support of the application. He indicated height adjustments have been
made in order to minimize street impact.
Daniel Park, 1703 Central Street, owner of the Claremont General Store and
neighbouring property, appeared before the Committee, outlining his concerns with
respect to the potential impact on his property during construction. He requested a
temporary fence be constructed along the south side of the driveway for the duration of
the construction and that 24 hours notice be given for additional construction access.
He also indicated his agreement that the stone foundation wall should remain to protect
the slope stability. Mr. Park also requested they be notified of an approximate
construction schedule and that all fencing, sod swale and driveway be restored once
construction has been completed.
Jason Redshaw, 1789 Central Street, Claremont appeared before the Committee on
behalf of his uncle and sister who own the property to the south of the proposed
development. He noted their concerns that the property be restored in a timely manner,
protection of existing trees, and that a privacy fence be installed to mitigate noise from
the adjoining driveway.
Peter Barton returned to address concerns and indicated that tree protection and
fencing will be addressed.
A brief discussion period ensued with Members seeking clarification with respect to the
height of the dwellings, materials to be used as well as the existing well on the property.
Concerns were also noted for the construction of a new dwelling on the existing
foundation, as the structure dates back to 1890.
(Ill) Part "8" Planning & Development Reports
1. Director, City Development & CBO, Report PLN 08-17
Zoning By-law Amendment Application A 08/16
Icon Dunfair Limited
Part of Lot 29, Range 3 BFC
1464 and 1466 Whites Road
Scott Waterhouse, Project Manager, Candevon Ltd., appeared before the Committee in
support of the application and to respond to any questions or concerns.
3
-C~ojPlanning & Development
Committee Meeting Minutes
Monday, May 8, 2017
7:00 pm -Council Chambers
Chair: Councillor Brenner
Pl KERJN
A brief discussion ensued with Members noting concerns for increased traffic volumes
on Whites Road as well as any potential impacts on the school. Members also
questioned whether options for alternative access points had been discussed with the
School Board.
Sylvia Spencer, 771 Sheppard Avenue, Pickering, appeared before the Committee to
express concerns with respect to a lack of accessibility for the proposed development,
and questioned the location of the stone wall at Whites and Dunbarton in order to
properly identify the location. She also noted that the wall at the car wash and gas
station should be brick as opposed to wood, and also questioned any procedures to
prevent the umbrellas on the patio deck from becoming airborne in strong winds.
Recommendation
Moved by Councillor Mclean
Seconded by Councillor Cumming
That Zoning By-law Amendment Application A 08/16, submitted by Icon Dunfair Limited,
to facilitate a residential condominium development consisting of 92 stacked back-to-back
townhouse units on lands being Part of Lot 29, Range 3 BFC, be endorsed subject to the
provisions contained in Appendix I to Report PLN 08.:.17, and that staff be authorized to
finalize and forward an implementing Zoning By-law Amendment to Council for
enactment.
Carried
2. Director, City Development & CBO, Report PLN 09-17
Draft Plan of Subdivision Application SP-2014-01
Draft Plan of Condominium Application CP-2014-01
Zoning By-law Amendment Application A 01/14
Lebovic Enterprises Limited and 1320991 Ontario Ltd.
Part of Lots 18 and 19, Con. 3 and Part of Lots 4,5,7 and 8, R.P. 585
2610, 2630, 2650 and 2663 Brock Road
Recommendation
Moved by Mayor Ryan
Seconded by Councillor Butt
4
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Pl(KERlNG
Planning & Development
Committee Meeting Minutes
Monday, May 8, 2017
7:00 pm -Council Chambers
Chair: Councillor Brenner
1. That the Ontario Municipal Board be advised that the City of Pickering supports
Draft Plan of Subdivision Application SP-2014-01, submitted by Lebovic
Enterprises Limited and 1320991 Ontario Ltd., on lands being Part of Lot 19,
Con. 3 and Part of Lots 4, 5, 7 and 8, R.P. 585, to establish two blocks for
residential development for a total of 144 units, a block for future development
and two blocks for a local road, and that the Ontario Municipal Board grant draft
plan approval of the draft plan, subject to the recommended draft conditions as
set out in Appendix I to Report PLN 09-17;
2. That the Ontario Municipal Board be advised that the City of Pickering supports
Zoning By-law Amendment Application A 01/14, submitted by Lebovic
Enterprises Limited and 1320991 Ontario Ltd., to implement the Draft Plan of
Subdivision SP-2014-01 and to facilitate a residential condominium development,
and that the Ontario Municipal Board approve the zoning by-law amendment set
out in Appendix II to Report PLN 09-17;
3. That the Director, Corporate Services & City Solicitor and staff be authorized to
attend the Ontario Municipal Board Pre-Hearing Conference on May 23, 2017,
and any subsequent hearings, to support Draft Plan of Subdivision Application
SP-2014-01 and Zoning By-law Amendment Application A 01/14 as endorsed by
Council; and
4. That the Director, Corporate Services & City Solicitor be authorized to sign
Minutes of Settlement which include the proposed Zoning By-law Amendment
and Conditions of Draft Plan Approval on the City's behalf, subject to such other
revisions as are acceptable to the Director, Corporate Services & City Solicitor.
Carried
(IV) Adjournment
The meeting adjourned at 7:55 pm.
5
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lCKERJ G
Delegations
1. MPP Tracy MacCharles
Re: Provincial Budget Update
2. Peter Bashaw, Community Member
Dan Hughes, Community Member
Accessibility Advisory Committee
Re: 2016 Year End Report & 2017 Work Plan
[Refer to Corr. 59-17]
May 15, 2017
23
Pl May 15, 2017
Correspondence Pages
1. Corr. 59-17
Tim Higgins
Accessibility Coordinator
City of Pickering
Receive for Information
Correspondence received from Tim Higgins, Accessibility Coordinator, City of
Pickering, submitting the 2016 Year End Report and 2017 proposed Work Plan
on behalf of the Accessibility Advisory Committee.
24
26
• Canada 150 grant submission for accessibility renovations at Dr. Tomlinson Community
Centre in Claremont.
• Pickering Rouge CanoE? Club grant submission for accessible development of the
Rotary Frenchman's Bay West Park.
• Pickering Soccer Club grant submission to provide accessibility training for recreational
. professionals.
The AAC supported the following award nominations:
• Nomination for the David C. Onley Leadership in Accessibility Award with respect to the
recently completed Delaney Arena accessibility enhancements
• Three Civic Awards nominations for accessibility. During the Civic Awards ceremony on
May 30th, the Access Award was presented to two of these nominees-the Pickering
Soccer Club and Dentistry on Liverpool.
• In an awards ceremony held at Queen's Park on June 1, 2016, the Durham Regional
Police Services (DRPS) accepted the 2016 D.C. Onley Award for Leadership in
Accessibility on behalf of the partnership comprised of DRPS, the City of Pickering, the
Campbell Children's School, the Grandview Children's Centre and the March of Dimes.
Awareness Activities
• Presented 2015 accessibility accomplishments and 2016 plan to City Council identifying
priorities for the new year. This presentation provided an opportunity for an exchange of
information and ideas on the status of Accessibility within the community and how it
may be improved for the benefit of all of the City's residents.
• AAC members attended various City events such as the Seniors Active Living Fair,
Your City/ArtFest, Pickering 101, Rib Fest, Canada Day, and the Durham Regional
Police Children's Games to profile the City's accessibility accomplishments, raise
awareness of accessibility issues within the community, and consult with the public on
accessibility.
• Developed activities and displays to engage and involve members of the publi.c; for
example, updated and published three accessibility brochures:
o "Accessibility for Residential Developers" -for developers and builders to
encourage creation of accessible homes and developments within the City of
Pickering.
o "Accessible Pickering-Working Together to Ensure Access for All".
o "Pickering Accessibility Advisory Committee".
• Provided accessibility updates to the .City's website.
• Developed activities and displays to engage and involve members of the public; for
example, a children's train at Canada Day profiled the new network of accessible
pathways at Kinsmen Park.
• Held first Disability Tax Clinic in April 2016, in partnership with the Pickering Public
Library. The successful event is planned to continue as an ·annual event.
May 10, 2017 Page 2 of 7
Accessibility Advisory Committee
2016 Year End Report and 2017 Proposed Work Plan
Policies, Standards and Implementation
• Monitored the progress of the proposed new accessible parking by-law. Participated in
and helped shape the design of the public consultation process. Provided leadership,
advice, and support to the consultation on the new accessible parking by-law and
reviewed the analysis of the consultation .feedback, as well as the new draft by-law.
• Revievyed new standard operating procedures, checklists and staff training program
prepared by City staff to ensure compliance with the Accessibility Standards for the
Built Environment. The checklists were designed to go beyond AODA requirements to
integrate other relevant standards such as those from GSA, and to recognize best
(successful) practices. ·
• Reviewed City's new standard operating procedures with respect to recreation
programs.
• Provided advice on Canada Day planning with respect to:
o accessibility enhancements to the new Kinsmen Park pathway system
o temporary accessible parking
o accessible bus routes
o accessible washrooms
• Provided advice on park development project for a splash pad in Amberlea Park.
• Reviewed plans and toured major City renovation projects such as Delaney Arena and
Council Chambers to provide timely accessibility advice.
• Conducted regular informal audits of City facilities to provide recommendations for .
improved accessibility and compliance with standards; for example, curb cuts, special
event accessible parking, and washrooms.
• Participated in the OMSSA, Promoting a Culture of Accessibility and Inclusion
Conference, on December 5th at the Toronto Chelsea Hotel.
• Reviewed implications of partial repeal of Ontarians with Disabilities Act, 2001 (ODA).
• Identified and documented opportunities for accessibility improvement with respect to
curbs, sidewalks and tactile plate installation.
• Identified opportunities to improve accessible taxi-cab compliance, safety and
cleanliness.
• Reviewed the City's response to the Accessibility Directorate of Ontario (the Regulator)
inquiry with respect to the City's 5 year plan for accessibility and requesting evidence
to confirm Pickering's AODA compliance.
• Reviewed correspondence with respect to a need for closed captioning of Council
meetings across Durham Region.
• Reviewed an outline of plans for the Seaton development with respect to accessibility.
• Reviewed an overview of the new accessibility amendments to Ontario's Building Code
as of January 2015.
• Reviewed City's tactile warning plate standards.
• Reviewed draft standards to ensure the successful integration of applicants with
disabilities requiring accommodations to participate effectively in recreational
programs, and to enable staff to determine reasonable accommodations.
May 10, 2017 Page 3 of 7
Accessibility Advisory Committee
2016 Year End Report and 2017 Proposed Work Plan
27
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• Reviewed Accessible Customer Service Standard changes.
• Monitored new staff and volunteer training process.
Investigated accessibility innovations for potential use in Pickering; for example,
"PingStreet" and "Access Now" apps; and, TTY alternatives.
Collaboration
• AAC monitored Regional AAC minutes and attended Regional and Provincial learning
and networking opportunities; for example, Metrolinx consultation, ONAP conferences,
Durham Region Accessibility forums·, etc.
• AAC met jointly with Pickering's Accessibility Core Staff Team to team-build.
• Informed City discussions regarding the creation of a centre of excellence in
waterfront accessibility at Rotary Frenchman's Bay West Park.
• Worked to develop a robust partnership for accessibility training/education with the
Pickering Soccer Club to help engage families to actively participate.
• Identified opportunities for more harmonious communication and collaboration among
the Province, Region and City regarding ownership and responsibility for sidewalks
and other infrastructure.
• Held accessible housing dialogue.
• Received a presentation from a Rouge National Park I Altona Forest representative to
consider potential accommodations to improve accessibility in rugged outdoor areas
such as a photograph repository.
Site Plan Application Reviews
• Worked with City staff through the site plan application review process to encourage
the integration of accessrbility considerations into the City's planning processes.
• Reviewed 13 site plan applications, provided accessibility advice and comments, and
monitored developers' responsiveness to the Committee's recommendations.
2017 Proposed Work Plan
The Accessibility Advisory Committee will continue to strive to provide information and
recommendations for Council that are proactive and place Pickering at the forefront of
accessibility in the Province. The Committee will consult, collaborate, and enhance inclusion
through accessibility in the City of Pickering.
The Accessibility Advisory Committee plans to meet on the second Wednesday of each month,
with the exception of July and August.
The Committee plans to continue:
May 10, 2017 Page 4 of 7
Accessibility Advisory Committee
2016 Year End Report and 2017 Proposed Work Plan
Awareness Activities
· • Present 2016 accessibility accomplishments and 2017 plan to City Council identifying
priorities for the new year. This presentation provides an opportunity for an exchange
of information and ideas on the status of Accessibility within the community and how it
may be improved for the benefit of all of the City's residents.
• Attend City events for 2017 such as the Seniors Active Living Fair, Pickering 101,
Your City/ArtFest, the Canada 150 Confederation Journey Youth Fair, Rib Fest, and
Canada Day to raise awareness of accessibility achievements and issues within the
community.
• Provide ongoing advice and support, and staff a booth with an engaging display and
questionnaires for the Canada 150 Youth Forum: A Confederation Journey (1867-
2067). This one.:day event celebrates Canada's 150th birthday during National Youth
Week, for youth ages 13-19, at the Pickering Recreation Complex. Thematically, the
Canada 150 Youth Forum has been designed from the top down to pervasively model
excellence in accessibility and inclusion. It aims to actively engage and motivate youth
to think well beyond AODA compliance, and challenge them to stretch to envision the
fully accessible and inclusive future of Pickering, Ontario and Canada.
• Attend and make a presentation at Region of Durham Accessibility Advisory
Committee web accessibility forum on Friday, April 21, 2017. P. D'lntino, representing
the City of Pickering, provided a keynote address on IT issues and access to web-
based information.
• Attend and provide input to inform imminent national accessibility legislation at the
Accessible Canada Consultation hosted by the Federal Government on February 81h
at the Toronto Chelsea Hotel.
• In partnership with the Pickering Public Library, AAC will continue to provide tailored
tax clinic support for persons with disabilities.
• Foster/promote/support submissions for local, regional and provincial awards and
grants to profile Pickering's accessibility achievements and commitment. To date:
o Supported D.C. Onley Accessibility Leadership Award nomination for Delaney
arena renovations
o Supported OMSSA Accessibility Leadership Award regarding the Canada 150
Youth Forum: A Confederation Journey (1867-2067)
o Supported two civic accessibility award nominations.
• Attended Pickering's accessibility presentation to a six-person delegation from the
People's Republic of China on January 18, 2017 to provide a resident's perspective on
accessibility progress and opportunities for improvement.
• Coordinate/author a periodic series of press releases on behalf of the Accessibility
Advisory Committee to promote Pickering's accessibility-related events,
accomplishments and challenges.
Policies, Standards and Implementation
• Review and provide input to the City of Pickering's Recreation & Parks Master Plan.
May 10, 2017 Page 5 of 7
Accessibility Advisory Committee
2016 Year End Report and 2017 Proposed Work Plan
29
30
• Monitor and provide proactive accessibility advice regarding Pickering's new
Operation Centre planning and implementation.
• Conduct informal audits of City facilities and infrastructure to provide advice to
improve accessibility; for example, with respect to curb cuts, tactile plates, etc.
• Provide advice on Canada Day preparations including: extended enhancements to
Kinsmen Park pathway system; management of temporary accessible parking;
accessible bus routes/stops; and, washrooms.
• Review City plans and tour the City capital projects such as the Council Chambers
and the Operations Centre renovations to provide timely accessibility advice.
• Monitor and provide accessibility advice regarding walkway reconstructions, sidewalk
retrofits, installation of tactile plates at intersections, as well as multi-use paths.
• Monitor new staff and volunteer training process.
• Attend Human Rights, Ableism training session April 27th organized by The Human
Rights Commission, the Region of Durham and Trent University.
• Attend June 1st webcast of Accessibility Directorate of Ontario Forum.
Collaboration
• Host MPP Tracy MacCharles, the Minister Responsible for Accessibility at an MC
meeting to seek to understand the current accessibility goals and priorities of the
Province, and to establish mutually supportive relationships.
• Host discussions with Durham Region Transit regarding new standards for specialized
accessibility seNices and the DRT specialized seNices appeal process.
• Collaborate and consult with regional and provincial accessibility professionals and
advocates, such as the Ontario Network of Accessibility Professionals (ONAP) to stay
abreast of emerging issues and best (successful) practices.
• Monitor Regional MC minutes and attend Regional, Provincial, and Federal learning
and networking opportunities; for example, Metrolinx consultation, ONAP conferences,
Durham Region Accessibility training and development, Federal Accessibility
consultations, etc.
• Foster accessible housing dialogues, potentially including developers and builders to
explore what Pickering can do to set itself apart in accessible real estate development,
and how partnerships can be used to influence developers and builders to further
embrace accessibility.
• Consult with the Toronto Region ConseNation Authority (TRCA), Parks Canada and
Altona Forest representatives to consider innovative methods of providing access to
rugged, natural outdoor spaces.
• Monitor emerging legislation, regulations, standards, and polices from the Ontario and
Federal Governments, particularly with respect to employment-related accessibility.
• Hold an MC meeting at the Pickering Soccer Club to focus on reasonable
accessibility accommodations in the context of sports and recreation programs, and to
build strategic accessibility partnerships. ·
May 10, 2017 Page 6 of 7
Accessibility Advisory Committee
2016 Year End Report and 2017 Proposed Work Plan
• Provide advice and support to the City of Pickering's first regionally-seeped camp staff
training all-day workshop, as part of the City of Pickering's Summer Camp
Accessibility initiative.
• Provide input to the TRCA regarding its proposed barrier-free outdoor learning space
at Claremont Field Centre.
• Provide ongoing support for accessibility-themed funding and award submissions.
Site Plan Application Reviews
• Work with City staff through the Site Plan Application Review process to encourage
the proactive integration of accessibility considerations into the planning process.
• Advise with respect to new developments aimed at achieving an integrated and
inclusive community, by complying with the Accessibility for Ontarians with Disabilities
Act 2005, applying national and international best (successful) practices, and where
possible, creatively exceeding minimum requirements ofOntario law.
• Provide accessibility advice on continuing development of Kingston Road as the main
street of Pickering. Encourage proactive dialogue regarding the CNR overpass where
modifications will be needed to permit barrier-free pedestrian access.
Submitted on behalf of the current Pickering Accessibility Advisory Committee:
Peter Bashaw, Pickering Accessibility Advisory Committee Member
Andrew Doucette, Pickering Accessibility Advisory Committee Member
Bianca D'Souza, Pickering Accessibility Advisory Committee Member
Edward Fulton, Pickering Accessibility Advisory Committee Member
Daniel Hughes, Pickering Accessibility Advisory Committee Member
Vincenza Ronaldi, Pickering Accessibility Advisory Committee Member
Megan Thorpe Ross, Pickering Accessibility Advisory Committee Member
Jeannette Whynot, Pickering Accessibility Advisory Committee Member
Susan Wilkinson, Pickering Accessibility Advisory Committee Member
David Wysocki, Pickering Accessibility Advisory Committee Member
Steve Bernardo, Ajax-Pickering Board of Trade Representative
TH:th
May 10, 2017.
Accessibility Advisory Committee
2016 Year End Report and 2017 Proposed Work Plan
Page 7 of 7
31
May 15,2017
Committee Reports
a) Report EC 2017-05 of the Executive Committee Executive Pages
1. Director, City Development & CBO, ReportPLN 06-17
City of Pickering
1-8
2.
Durham Community Climate Adaptation Plan
Recommendation
1. That Council approves the Durham Community Climate Adaptation Plan in
principle;
2. That Council authorizes staff to participate in the Working Groups being
established by the Region of Durham to develop the 18 proposed Programs
as part of Phase 3: Program Approval and Funding;
3. That Council authorizes staff to participate in the development of a
Reporting Framework for joint tracking of the Programs in the Durham
Community Climate Adaptation Plan; and
4. That the City Clerk forward a copy of Report PLN 06-17 to the Region of
Durham.
Director, Community Services, Report CS 08-17
Tender for Pickering Civic Complex Roof Repairs
-Tender No. T-1 0-2017
Recommendation
9-19
1. That Tender No. T-10-2017 submitted by Foran's Roofing and &
Sheetmetal Limited in the amount of $499,460.00 (HST included) be
accepted;
2. That the total gross project cost of $578,560.00 (HST included), including
the amount of the tender, and other associated costs, and the total net
project cost of $521,011.00 (net of HST rebate), be approved;
3. That Council authorize the Director, Finance & Treasurer to finance the
projects as follows:
a) the sum of $520,000.00, as provided for in the 2017 Civic Complex
Capital Budget be financed by the issue of debentures by the
Regional Municipality of Durham over a period not to exceed 15
years;
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33
3.
b) the balance amount of $1,011.00 to be funded from property taxes;
c) the annual repayment charges in the amount of approximately
$45,960.00 be included in the annual Current Budget for the City of
Pickering commencing 2017, or such subsequent year in which the
debentures are issued, and continuing thereafter until the
debenture financing is repaid, and any financing cost to be paid out
of the Current Budget;
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;
4. That the draft by-law attached to this report be enacted; and
5. That the appropriate City of Pickering officials be authorized to take the
necessary actions as indicated in this report.
Director, Finance & Treasurer, Report FIN 07-17
2016 Building Permit Stabilization Reserve Fund
Recommendation
20-22
1. That Report FIN 07-17 of the Director, Finance & Treasurer be approved;
and:
a) That Council authorize a transfer of $80,173 to the Building Permit
Stabilization Reserve Fund (Account #7506); and
b) That Council authorize a transfer of $80,173 from the Building
Permit Stabilization Reserve Fund to the Rate Stabilization Reserve
(Account #7021 ).
2. That the appropriate City of Pickering officials be authorized to take the
necessary actions as indicated in this report.
4, Director, Finance & Treasurer, Report FIN 08-17 23-30
2017 Tax Rates and Final Tax Due Dates for all Realty Tax Classes,
Except for Commercial, Industrial and Multi-Residential Realty Classes
Recommendation
1. That Report FIN 08-17 of the Director, Finance & Treasurer regarding the
2017 tax rates be received;
2. That the 2017 tax rates for the City of Pickering be approved as contained
in Schedule A of the By-law attached hereto;
3. That the tax levy due dates for the Final Billing be June 28, 2017 and
September 28, 2017 excluding the industrial, multi-residential and
commercial realty tax classes;
5.
6.
4. ·That for the year 2017, the City shall levy upon designated Universities and
Colleges an annual tax at the prescribed amount for each full-time student
enrolled in the University or College, as determined by the Minister of
Training, Colleges and Universities, payable on or after July 1st ;
5. That the attached By-law be approved;
6. That the Director, 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,
7. That the appropriate City of Pickering officials be authorized to take the
necessary actions to give effect thereto.
Director, Finance & Treasurer, Report FIN 09-17 31-33
Section 357/358 of the Municipal Act-Adjustment to Taxes
Recommendation
1. That the write-off of taxes as provided for in Attachment 1, in accordance
with Sections 357/358 of the Municipal Act, 2001 be approved; and
2. That the appropriate officials of the City of Pickering be authorized to take
the necessary actions as indicated in this report.
Director, Finance & Treasurer, Report FIN 10-17
Commodity Price Hedging Agreements Report
Recommendation
34-37
It is recommended that Report FIN 10-17 from the Director, Finance & Treasurer
regarding commodity price hedging agreements be received for information.
34
May 15, 2017
Committee Reports
b) Report PD 2017-04 of the Planning & Development Committee Pages
1. Director, City Development & CBO, Report PLN 08-17
Zoning By-law Amendment Application A 08/16
Icon Dunfair Limited
Part of Lot 29, Range 3 BFC
1464 and 1466 Whites Road
Recommendation
20-31
That Zoning By-law Amendment Application A 08/16, submitted by Icon Dunfair
Limited, to facilitate a residential condominium development consisting of 92
stacked back-to-back townhouse units on lands being Part of Lot 29, Range 3
BFC, be endorsed subject to the provisions contained in Appendix I to Report
PLN 08-17, and that staff be authorized to finalize and forward an implementing
Zoning By-law Amendment to Council for enactment.
2. Director, City Development & CBO, Report PLN 09:-17 32-71
Draft Plan of Subdivision Application SP-2014-01
Draft Plan of Condominium Application CP-2014-01
Zoning By-law Amendment Application A 01/14
Lebovic Enterprises Limited and 1320991 Ontario Ltd.
Part of Lots 18 and 19, Con. 3 and Part of Lots 4,5,7 and 8, R.P. 585
2610, 2630, 2650 and 2663 Brock Road
Recommendation
1. That the Ontario Municipal Board be advised that the City of Pickering
supports Draft Plan of Subdivision Application SP-2014-01, submitted by
Lebovic Enterprises Limited and 1320991 Ontario Ltd., on lands being
Part of Lot 19, Con. 3 and Part of Lots 4, 5, 7 and 8, R.P. 585, to establish
two blocks for residential development for a total of 144 units, a block for
future development and two blocks for a local road, and that the Ontario
Municipal Board grant draft plan approval of the draft plan, subject to the
recommended draft conditions as set out in Appendix I to Report PLN 09-
17;
2. That the Ontario Municipal Board be advised that the City of Pickering
supports Zoning By-law Amendment Application A 01/14, submitted by
Lebovic Enterprises Limited and 1320991 Ontario Ltd., to implement the
Draft Plan of Subdivision SP-2014-01 and to facilitate a residential
35
36
condominium development, and that the Ontario Municipal Board approve
the zoning by-law amendment set out in Appendix II to Report PLN 09-17;
3. That the Director, Corporate Services & City Solicitor and staff be
authorized to attend the Ontario Municipal Board Pre-Hearing Conference
on May 23, 2017, and any subsequent hearings, to support Draft Plan of
Subdivision Application SP-2014-01 and Zoning By-law Amendment
Application A 01/14 as endorsed by Council; and
4. That the Director, Corporate Services & City Solicitor be authorized to sign
Minutes of Settlement which include the proposed Zoning By-law
Amendment and Conditions of Draft Plan Approval on the City's behalf,
subject to such other revisions as are acceptable to the Director,
Corporate Services & City Solicitor.
May 15, 2017
New and Unfinished Business Pages
1. Director, Community Services, Report CS 10-17 41-48
Quotation No. Q-24-2017
2.
-Quotation for the Supply and Delivery of one 4 Ton Dump Truck with
Snow Plow and Wing and one 5 Ton Dump Truck with Snow Plow and Wing
Recommendation
1. That Quotation No. Q-24-2017, submitted by Tallman Truck Centre Ltd. in
the total amount of $535,893.34 (HST included), be accepted;
2. That the total gross project cost of $539,848.00 (HST included) and the
total net project cost of $486,150.00 (net of HST rebate) be approved;
3. That the Director, Finance & Treasurer be authorized to finance the total
net project cost as follows:
a) the sum of $234,000.00 to be financed by an internal loan for a term of
5 years and the balance of $474.00 from property taxes;
b) the sum of $251,676.00 to be funded from a transfer from the Vehicle
Replacement Reserve and;
4. That the appropriate officials of the City of Pickering be authorized to take
necessary actions as indicated in this report.
Director, Engineering Services Report ENG 03-17
Consulting Services for Class Environmental Assessment and
Detailed Design Services for the Walnut Lane Extension
Kingston Road to Liverpool Road
Recommendation
49-56
1. That Council approve the hiring of AECOM Canada Ltd. for the Class
Environmental Assessment and Detailed Design Services for the Walnut
Lane Extension (Kingston Road to Liverpool Road) in accordance with
Purchasing Policy 10.03 (c) as the assignment has a value above
$50,000.00 and a competitive process is not being followed, and therefore
is subject to additional Council approvals;
2. That the fee proposal dated April 25, 2017 submitted by AECOM Canada
Ltd. for the Class Environmental Assessment and Detailed Design
Services for the Walnut Lane Extension (Kingston Road to Liverpool
37
38
Road) for Tasks 1 to 5 in the amount of $54 7, 784.45 (HST included) be
accepted;
3. That the total gross project cost of $512,171.00 (HST included), including
the proposal amount related to Tasks 1 to 3 only, and other associated
costs, and the total net project cost of $461,226.00 (net of HST rebate) be
accepted;
4. That Council authorize the Director, Finance & Treasurer to finance the
total net project cost of $461,226.00 as follows:
a) The sum of $62,500.00 as approved in the 2017 Capital Budget-
Development Projects to be funded by a transfer from the
Development Charges City's Share Reserve;
b) The sum of $187,500.00 as approved in the 2017 Capital Budget-
Development Projects to be funded by a transfer from the
Development Charges Roads & Related Reserve Fund;
c) The additional sum of $52,807.00 required to offset the shortfall
from the Development Charges City's Share Reserve be funded by
a front funding arrangement with 2531751 ONTARIO INC., the
owner of the lands at the northwest corner of Liverpool Road and
Highway 401;
d) The additional sum of $158,419.00 required to offset the shortfall
from the Development Charges Roads & Related Reserve be
funded by a front funding arrangement with 2531751 ONTARIO
INC.;
5. That the funds required for Tasks 4 and 5 in the amount of $96,556.24
(HST included) and any required associated costs be included with the
cost of construction in the appropriate year and be subject to approval
through the future year's Capital Budget process;
6. That the amount front funded pursuant to Recommendations 4 (c) and (d)
above be reimbursed to 2531751 ONTARIO INC. upon issuance of a
building permit on the affected lands at the northwest corner of Liverpool
Road and Highway 401 that meet the requirements under the City Centre
Zoning By-law 7553/17;
7. That the appropriate officials of the City of Pickering be authorized to take
the necessary actions as indicated in this report.
3. Director, Engineering Services, Report ENG 08-17 57-69
Sixth Concession Road -Road Reconstruction and Storm Sewer
Replacement, Greenwood Road to Westney Road
Tender No. T-6-2017
Recommendation
1. That Tender No. T -6-2017 Sixth Concession Road -Road Reconstruction
and Storm Sewer Replacement, Greenwood Road to Westney Road, as
submitted by Wyndale Paving Co. Ltd. in the total tendered amount of
$1,417,109.16 (HST included) be accepted;
2. That the total gross project cost of $1,713,400.00 (HST included),
including the tendered amount and other associated costs, and the total
net project cost of $1,542,970.00 (net of HST rebate) be approved;
3. That Council authorizes the Director, Finance & Treasurer to finance the
net project cost in the amount of $1,542,970.00 as follows:
a) the sum of $1,540,000.00 as provided for in the 2016 Roads Capital
Budget be financed by the issue of debentures by The Regional
Municipality of Durham over a period not to exceed ten years;.
b) the sum of $2,970.00 to be funded from property taxes;
c) the annual repayment charges in the amount of approximately
$185,200.00 be provided for in the annual Current Budget
commencing in 2017 or subsequent year in which the debentures are
issued 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;
4. That the draft by-law attached to this report be enacted; and
5. That the appropriate officials of the City of Pickering be authorized to take
the necessary actions as indicated in this report.
4. Director, Corporate Services & City Solicitor, Report LEG 04-17 70-88
Proposed Sale of Lands in Duffin Heights to Madison Communities Limited
Recommendation
1. That the Agreement of Purchase and Sale between The Corporation of
the City of Pickering as Vendor and Madison Communities Limited as
Purchaser, included as Attachment No. 1 hereto, be approved;
39
5.
40
2. That the Mayor and City Clerk be authorized to execute the said
Agreement of Purchase and Sale subject to minor revisions acceptable to
the Chief Administrative Officer and the Director, Corporate Services &
City Solicitor; and
3. That the appropriate City of Pickering officials be authorized to take the
necessary actions as indicated in this report.
Director, Corporate Services & City Solicitor, Report CLK 02-17
City Procedure ADM 170-001
-Corporate Resources for Election Purposes
Recommendation
89-97
1. That the attached draft City Procedure, ADM 170-001, Corporate .
Resources for Election Purposes as required by the Municipal Elections·
Act amendments, be approved; and
2. That City Policy, ADM 190, Council Compensation Policy, be revised as
follows:
a) Section 13.01 shall be amended to allow for a constituent
communications budget of $4,000.00 for the fourth year for website
expenditures and constituent communications;
b) Section 13.01 (f) shall be amended to read "in the fourth year of a
term of office, all communications must be delivered to the mailing
address by April 30th in order to be reimbursed by the City"; and
c) Section 15.02 shall be amended to read "in an election year, the
following conditions shall apply effective May 1st''.
42
cs 10-17
Subject: Quotation No. Q-24-2017
May 15, 2017
Page 2
Evaluation Committee, meets the required specifications and is recommended for
approval.
In accordance with Purchasing Policy Item· 06.11 (c), where the compliant quotation
or tender meeting specifications and offering best value to the City is acceptable or
where the highest scoring proposal is recommended and the estimated total
purchase price is over $250,000.00, the Manager may approve the award, subject to
the approval of the Director, Treasurer, CAO and Council.
Financial Implications:
1. Quotation Amount
4 Ton Dump Truck with Snow Plow and Wing
5 Ton Dump Truck with Snow Plow and Wing
Subtotal
HST (13%)
Total Gross Quotation Cost
2. Estimated Project Costing Summary
Quotation No. Q-24-2017
Licences (2 vehicles)
Total project cost (excluding taxes)
HST (13%)
Gross Project Cost
HST Rebate (11.24%)
Total Net Project Cost
3. Approved Source of Funds-2017 Fleet Vehicles Capital Budget
Description Account Code Source of Funds Available
Budget
4 Ton Dump Truck 5319.1705.6158 Internal Loan-5 $260,000.00
with Snow Plow Year
and Wing
5 Ton Dump Truck 5319.1704.6158 Vehicle 270,000.00
with Snow Plow Replacement
and Wing Reserve
Total Funds S53o,ooo.oo
$228,668.81
245,573.08
$474,241.89
61,651.45
$535.893.34
$474,242.00
3,500.00
$477,742.00
62,106.00
$539,848.00
(53,698.00)
$486.150.00
Required
$234,474.00
251,676.00
S486,15o.oo
cs 10-17 May 15, 2017
Subject: Quotation No. Q-24-2017 Page 3
Net Project Cost under (over) Approved Funds . $43,850.00
Discussion: The Public Works Section within the Co.mmunity Services
Department currently utilizes eleven 4 Ton Dump Trucks and four 5 Ton Dump Trucks.
The replacement of one 4 Ton Dump Truck (unit# 053, a 2005 International) and one 5
Ton Dump Truck (unit# 056, a 2008 Sterling) was approved in the 2017 Fleet Vehicles
Capital Budget. An Evaluation Committee consisting of Public Works staff met on April
25, 2017 and each committee member evaluated the quotations based on the rated
criteria. A combined average score for each quotation was determined as part of Stage
II of the evaluation process.
After careful review of all submissions received, Public Works staff recommends
acceptance of the Quotation No. Q-24-2017 submitted by Tallman Truck Centre for one
2018 International 7400 SBA4 Ton Dump Truck with Snow Plow and Wing in the
amount of $228,669.00.00 (HST extra) and one International 7400 SBA 5 Ton Dump
Truck with Snow Plow and Wing in the amount of $245,573.00 (HST extra) and
that the total net project cost of $486,150.00 (net of HST rebate) be approved.
Attachments:
1. Supply & Services Memorandum dated April 19, 2017
2. Supply & Services Memorandum dated April 28, 2017
43
-04bi-
PlCKER1NG emo
To: Marisa Carpino April 28, 2017
From:
Copy:
Director, Community SeJYices
Vera A. Felgemacher
Manager, Supply & Services
Administrative Assistant, CommunitY Services
Supervisor, Supply & Services
Subject: Quotation No. Q-24-2017
Supply & Delivery of One New Latest Model Four Ton Dump Truck with Snow and
Wing One New Latest Model Five Ton Dump Truck with Snow Plow and Wing
Closing: Tuesday, April18, 2017 at 12:00 Noon.
File: F-5300-001
Further to the memo dated April19, 2017, Two (2) quotations proceeded to Stage ll evaluation.
A summary of the Stage II and Ill evaluation results for each quotation is attached.
Tallman Truck Centre is the top ranked respondent with a submitted price of $474,241.89
(HST Excluded)
Delivery times provided by each respondent are also indicated on the attached spreadsheet
A budget of $530,000.00 was provided to Supply & Services for this procurement
In accordance with Purchasing Policy Item 06.04, the authority for the dollar limit as setout
below excludes HST.
In accordance with Purchasing Policy, Item 06.11, where the compliant quotation or tender meeting
specifications and offering best value to the City is acceptable or where the highest scoring proposal
is recommended and the estimated total purchase price is.:
(c) Over $250,000, the Manager may approve the award, subject to the approval of the
Director, Treasurer, GAO and Council.
Please provide your recommendation in report form, as well as an on-line requisition.
Please direct all enquiries to Supply & Services. Respondents will be advised in due
course.
47
48
If you require further information or assistance, do not hesitate to contact me or a member
of Supply & Services.
c \ ' ~
: \
~~~ \ / I ~ ~,
---<JAF.gb ~
Attachments ( 1)
Page 2 of2
ENG 03-17
Subject: Consulting Services for Class Environmental Assessment
and Detailed Design Services for the Walnut Lane Extension
(Kingston Road to Liverpool Road)
May 15, 2017
Page 2
5. That the funds required for Tasks 4 and 5 in the amount of $96,556.24 (HST included) and
any required associated costs be included with the cost of construction in the appropriate
year and be subject to approval through the future year's Capital Budget process;
6. That the amount front funded pursuant to Recommendations 4 (c) and (d) above be
reimbursed to 2531751 ONTARIO INC. upon issuance of a building permit on the affected
lands at the northwest corner of Liverpool Road and Highway 401 that meet the
requirements under the City Centre Zoning By-law 7553/17;
7. That the appropriate officials of the City of Pickering be authorized to take the necessary
actions as indicated in this report.
Executive Summary: As part of the 2017 Capital Budget-Development Projects, the
Walnut Lane Extension Class Environmental Assessment and Detailed Design was approved as a
project.
Request for Proposal No. RFP-13-2016 was issued on December 15, 2016 and closed on
January 24, 2017. The Evaluation Committee reviewed and evaluated the six proposals received
using criteria outlined in the Terms of Reference. However since all the proposals submitted
substantially exceeded the available budget, the proposal call was cancelled and the respondents
were notified of such on March 2, 2017.
As this project and the construction of the proposed road affects future development lands at the
northwest corner of Liverpool Road and Highway 401, and previously developed lands further
west, south of Kingston Road, which are all owned by 2531751 ONTARIO INC., they were
advised of the project cancellation. In consultation with 2531751 ONTARIO INC. after the project
was cancelled, they offered to front fund the amount that exceeds the budget as long as the City
agrees to reimburse them upon building permit issuance on the affected lands. City staff are
acceptable to this position but under the condition that the building permit that triggers the
reimbursement meets the requirements of the City Centre Zoning By-law 7553/17. A letter to this
effect has been received from 2531751 ONTARIO INC. and is included as Attachment #2.
Based on the above, City staff negotiated a revised proposal from AECOM Canada Ltd. who was
the consultant that submitted the highest scoring proposal through RFP-13-2016. In accordance
with City Purchasing Policy section 10.03 c), where a competitive process is not followed, the
Director initiating the assignment shall require Council approval to engage the services of a
particular consultant. The Director, Engineering Services is recommending Council approval to
retain AECOM Canada Ltd. for this assignment. Due to funding restraints, the initial project award
will consist of Tasks 1, 2 and 3 outlined in AECOM Canada Ltd.'s proposal at this time. Tasks 4
and 5 relate to project tendering, construction inspection and contract administration, therefore the
fee proposal is accepted but will be funded in a future year along with construction.
CORP0227-07/01 revised
50
ENG 03-17
Subject: Consulting Services for Class Environmental Assessment
and Detailed Design Services for the Walnut Lane Extension
(Kingston Road to Liverpool Road)
Financial Implications:
1. Proposal Amount
Proposal from AECOM Canada Ltd. dated April 25, 2017
Walnut Lane Extension Class Environmental Assessment and Detail Design
HST (13%)
Total
2. Estimated Project Costing Summary
Proposal (Tasks 1, 2, and 3 only)
Associated Costs
Contingency (1 0%)
Toronto and Region Conservation Authority Class EA Review Cost
Sub Total-Costs
HST (13%)
Total Gross Project Cost
HST Rebate (11.24%)
Total Net Project Cost
3. Approved Source of Funds
Expense Code
5321.1703.6251
5321.1703.6251
Additional Funds Required
Total Funds
Source of Funds
DC City's Share Reserve
DC Roads & Related Reserve
Fund
I Net project costs (over) under approved funds
Budget
$62,500.00
187,500.00
0.00
$250,000.00
May15,2017
Page 3
$484,765.00
63,019.45
$547,784.45
$399,317.00
39,932.00
$14,000.00
$453,249.00
58,922.00
$512,171.00
(50,945.00)
$461,226.00
Required
$62,500.00
187,500.00
211,226.00
$461,226.00
C$211,226.oo) I
The additional funds required will be provided by 2531751 ONTARIO INC. through a front funding
agreement. The repayment to 2531751 ONTARIO INC. is at the building permit stage and this
condition is reflected in Recommendation 6.
CORP0227-07/01 revised
51
ENG 03-17
·Subject: Consulting Services for Class Environmental Assessment
and Detailed Design Services for the Walnut Lane Extension
(Kingston Road to Liverpool Road)
May 15, 2017
Page 4
Discussion: The 2017 Capital Budget-Development Projects included
$250,000.00 for the completion of the Walnut Lane Extension Class Environmental Assessment
and Detailed Design.
Walnut Lane is a north-south collector roadway, under the jurisdiction of the City of Pickering. It is
a two lane urban cross section road that connects Glenanna Road to Kingston Road. South of
Kingston Road it currently provides driveway access to a private commercial development
complex, including Home Depot, Shoppers Drug Mart, Michaels, restaurants, and offices. The
driveway consists of two through lanes and one northbound left turn lane.
Growing traffic volumes and future potential development in the area has triggered the need for
the extension of Walnut Lane as a public roadway from Kingston Road to Liverpool Road, on the
south side of Kingston Road.
A consultant is required to carry out the Class Environmental Assessment (EA) and Preliminary
Design for the extension of Walnut Lane (including the structure over Pine Creek) from Kingston
Road to Liverpool Road (as shown on the location map Attachment #1), and also complete a
Detailed Design package including detailed design drawings and tender specification documents
for the road extension and the structure. The consultant will also provide contract administration
and field inspection during construction of the road and the structure over Pine Creek, at a future
date subject to the required budget approval.
As part of the EA, the consultant will be responsible to review all the possible transportation
connections, including Walnut Lane to the Highway 401 Westbound off ramp at the existing
signalized intersection at Liverpool Road, and Walnut Lane to Pickering Parkway at the existing
signalized intersection at Liverpool Road, as an additional connection. The final detail design will
be completed only for one option, depending on the EA recommendations.
A Requestfor Proposal (RFP) for Consulting Services for the Walnut Lane Extension
(Kingston Road to Liverpool Road) was issued
RFP-13-2016 was issued on December 15, 2016 to obtain proposals to undertake the Class
Environmental Assessment and Detail Design of the Walnut Lane Extension (Kingston Road to
Liverpool Road). The RFP process closed on January 24, 2017, with six proposals submitted.
The City received submissions from the following consulting firms:
• AECOM Canada Ltd.
• BT Engineering
• Chisholm, Fleming & Associates
• Morrison Hershfield Ltd.
• R.J. Burnside
• Stantec
CORP0227-07/01 revised
52
ENG 03-17 May 15, 2017
Subject Consulting Services for Class Environmental Assessment
and Detailed Design Services for the Walnut Lane Extension
(Kingston Road to Liverpool Road) Page 5
The proposals were reviewed by the Evaluation Committee consisting of staff from the
Engineering Services Department. Proposals were evaluated based on the consultant's
experience on similar projects, their understanding of the project, proposed work plan and
deliverables, project team overview, quality of their references, quality of their proposal and
pricing. The proposal submitted by AECOM Canada Ltd. received the highest average score.
The RFP process was cancelled as all the proposals that were submitted exceeded the budget for
the project.
As this project and the construction of the proposed road affects future development lands at the
northwest corner of Liverpool Road and Highway 401, and previously developed lands further
west, south of Kingston Road, which are all own~d by 2531751 ONTARIO INC., they were
advised of the project cancellation. In consultation with 4531751 ONTARIO INC. after the project
was cancelled, they offered to front fund the amount that exceeds the budget as long as the City
agrees to reimburse them upon building permit issuance on the affected lands. City staff are
acceptable to this position but under the condition that the building permitthat triggers the
reimbursement meets the requirements of the City Centre By-law 7553/17. A letter to this effect
has been received from 2531751 ONTARIO INC. and is included as Attachment #2.
Based on the above, City staff negotiated a revised proposal from AECOM Canada Ltd. who was
the consultant that submitted the highest scoring proposal through RFP-13-2016. In accordance
with City Purchasing Policy section 10.03 c), where a competitive process is not followed, the
Director initiating the assignment shall require Council approval to engage the services ofa
particular consultant. The Director, Engineering Services is recommending Council approval to
retain AECOM Canada Ltd. for this assignment. Due to funding restraints, the initial project award
will consist of Tasks 1, 2 and 3 outlined in AECOM Canada Ltd.'s proposal at this time. Tasks 4
and 5 relate to project tendering, construction inspection and contract administration, therefore the
fee proposal is accepted but will be funded in a future year along with construction.
Attachments:
1. Location Map
2. Letter from 2531751 ONTARIO INC. regarding front funding commitment
CORP0227 -07101 revised
53
--Cit; cf-~
PIC ERI G
From: Richard Holborn
Director, Engineering Services
Report to
Council
Report Number: ENG 08-17
Date: May 15, 2017
Subject: Sixth Concession Road -Road Reconstruction and Storm Sewer
Replacement, Greenwood Road to Westney Road
Tender No.T-6-2017
-File: A-1440
Recommendation:
1. That Tender No. T-6-2017 Sixth Concession Road-Road Reconstruction and
Storm Sewer Replacement, Greenwood Road to Westney Road, as submitted by
Wyndale Paving Co. Ltd. in the total tendered amount of $1,417,109.16 (HST
included) be accepted;
2. That the total gross project cost of $1,713,400.00 (HST included), including the
tendered amount and other associated costs, and the total net project cost of
$1,542,970.00 (net of HST rebate) be approved;
3. That Council authorizes the Director, Finance & Treasurer to finance the net
project cost in the amount of $1,542,970.00 as follows:
a) the .sum of $1 ,540,000.00 as provided for in the 2016 Roads Capital Budget be
fi~anced by the issue of debentures by The Regional Municipality of Durham
over a period not to exceed ten years;
b) the sum of $2,970.00 to be funded from property taxes;
c) the annual repayment charges in the amount of approximately $185,200.00 be
provided for in the annual Current Budget commencing in 2017 or subsequent
year in which the debentures are issued and continuing thereafter until the
debenture financing is repaid;
d) the Treasurer be authorized to make any changes, adjustments, and revisions to
amounts, terms, conditions, or take any actions necessary in order to effect the
foregoing;
4. That the draft by-law attached to this report be enacted; and
5. That the appropriate officials of the City of Pickering be authorized to take the
necessary actions as indicated in this report.
57
58
ENG·08-17
Subject: · Sixth Concession Road -
Road Reconstruction and Storm Sewer Replacement,
Greenwood Road to Westney Road (Tender No. T-6-2017)
May 15, 2017
Page2
Executive Summary: As part of the 2016 Road$ Capital Budget, Sixth Concession
Road -Road Reconstruction and Storm Sewer Replacement, Greenwood Road to
. Westney Road was approved as a construction project. Tender No. T-6-2017 Sixth
Concession Road -Road Reconstruction and Storm Sewer Replacement, Greenwood
Road to Westney Road was issued on Tuesday, March 28, 2017 and closed on
Wednesday, April19, 2017 with five bidders responding. The low bid submitted by
Wyndale Paving Co. Ltd. is recommended for approval. The total gross project cost is
estimated at $1,713,400.00 (HST included) and the total net project cost is estimated at
$1,542,970.00 (net of HST rebate).
Financial Implications:
1. ·Tender Amount
Tender No. T-6-2017
HST (13%)
Total Gross Tender Amount
2. Estimated Pro'ect Cost Summa
Tender No. T-6-2017 for Sixth Concession Road-Road
Reconstruction and Storm Sewer Replacement, Greenwood Road
to Westney Road
Associated Costs
Materials Testing
Miscellaneous (Consultant fees, TRCA application fees, etc.)
Project Contingency (18%)
Sub Total
HST (13%)
Total Gross Project Cost
HST Rebate (11.24%)
Total Net Project Cost
CORP0227 -07/01 revised
$1,254,078.90
163,030.26
$1,417,109.16
$1,254,079.00
30,000.00
6,470.00
225,734.00
$1,516,283.00
197,117.00
$1 '713,400.00
(170,430.00)
$1 ,542,970.00
ENG 08-17
Subject: Sixth Concession Road -
Road Reconstruction and Storm Sewer Replacement,
Greenwood Road to Westney Road (Tender No. T-6-2017)
3. Approved Source of Funds -2016 Roads Capital Bud et
Account Source of Funds Available
5320.1631.6250 Debt-10 Year
Property Taxes
Budget
$1,550,000.00
0.00
May 15, 2017
Page 3
Required
$1,540,000.00
2,970.00
Total Funds $1.550.000.00 $1.542.970.00
I Project Cost under (over) approved funds by $7,o3o.oo 1
Discussion: As part of the 2016 Roads Capital Budget, Sixth Concession Road-Road
Reconstruction and Storm Sewer Replacement, Greenwood Road to Westney Road
was approved as a construction project. City staff have conducted public consultation
with area residents since 2011 on this project, including distributing three consultation
letters seeking design input. A Public Open House was held at Pickering Museum
Village on Tuesday, November 29, 2016. Working concepts of the proposed design
were on display during the Public Open House and Engineering Services staff were
available to address any questions or concerns area residents may have regarding the
project.
City staff met with Toronto & Region Conservation Authority (TRCA) representatives on
January 19, 2017 to discuss the permit requirements for this project. Ontario
Regulation #166/06, Development, Interference with Wetlands and Alterations to
Shorelines and Watercourses Application applies to this project. City staff advised
TRCA that this project will be completed in three phases.
Phase 1-Sixth Concession Road, Greenwood Road to Westney Road.
The works prop!)sed for 2017 includes the following:
• full road reconstruction and urbanization
• storm sewer replacement
Initially, a sidewalk was proposed for the south side of the Sixth Concession Road from
Greenwood Road to Westney Road, however, due to area resident's feedback opposing
the installation following the Public Open House on November 29, 2016, the proposed
sidewalk was rem~ved from this project.
The scope of the works included in Tender No. T-6-2017 covers Phase 1 only.
Debenture financing to be undertaken at this time is related to Phase 1 only.
CORP0227-07/01 revised
59
60
ENG.OS-17
Subject: Sixth Concession Road -
Road Reconstruction and Storm Sewer Replacement,
Greenwood Road to Westney Road (Tender No. T-6-2017)
May 15, 2017
Page4
Phase 2 -Sixth Concession Road, Greenwood Bridge to Greenwood Road
The works proposed include the following:
• bridge deck rehabilitation
• road reconstruction
• storm sewer pipe and outfall replacement
Phase 3-Sixth Concession Road, Greenwood Bridge to Westney Road.
The works proposed include the following:
• placement of the final lift of asphalt
The timing of Phase 2 and Phase 3 works will be subject to future budget approvals
which will be required to complete the detail design and approvals. The current Capital
Forecast will be revised to reflect the proposed timing of Phase 2 and Phase 3.
Tender No. T-6-2017 was issued on Tuesday, March 28, 2017 and closed on
Wednesday, April19, 2017 with five bidders responding. The low bid submitted by
Wyndale Paving Co. Ltd. is recommended for approval. References for Wynd ale Paving
Co. Ltd. and list of sub-contractors have been reviewed and deemed acceptable by the
Manager, Capital Projects & Infrastructure. The Waste Management Plan has been
reviewed and deemed acceptable by the Manager, Capital Projects & Infrastructure.
The Health & Safety Policy, and Certificate of Clearance issued by the Workplace
Safety & Insurance Board, proof of Confined Space Entry Procedure and a list of
employees trained in confined space entry procedure submitted by Wyndale Paving Co.
Ltd. have been reviewed by the Coordinator, Human Resources, and deemed
acceptable. The Certificate of Insurance has been reviewed by the Manager, Budgets &
Internal Audit, and is deemed acceptable. In conjunction with staffs review of the
contractor's previous work experience and the bonding available on this project, the
tender is deemed acceptable.
CORP0227-07/01 revised
ENG 08-17
Subject: Sixth Concession Road -
Road Reconstruction and Storm Sewer Replacement,
Greenwood Road to Westney Road (Tender No. T-6-2017)
May 15, 2017
Page 5
Upon careful examination of all tenders and relevant documents received, the
Engineering Services Department recommends acceptance of the low bid submitted by
Wyndale Paving Co. Ltd. Inc. for Tender No. T-6-2017 in the amount of $1,417,109.16
(HST included), and that the total net project cost of $1,542,970.00 (net of HST rebate)
be approved.
Attachments:
1. Supply & Services Memorandum dated April 26, 2017
2. Record ofT enders Opened and Checked
3. Location Map
4. Being a by-law to authorize the Sixth Concession Road -Road Reconstruction
and Storm Sewer Replacement, Greenwood Road to Westney Road project in the
City of Pickering and the issuance of debentures in the amount of $1 ,540,000.00.
CORP0227-07/01 revised
61
70
--Cl~o~-
PJCKERlNG
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Report to
Council
Report Number: LEG 04-17
Date: May 15, 2017
Subject: Proposed Sale of Lands in Duffin Heights to Madison Communities Limited
File: L-4610-009-16
Recommendation:
1. That the Agreement of Purchase and Sale between The Corporation of the City of Pickering
as Vendor and Madison Communities Limited as Purchaser, included as Attachment No. 1
hereto, be approved;
2. That the Mayor and City Clerk be authorized to execute the said Agreement of Purchase and
Sale subject to minor revisions acceptable to the Chief Administrative Officer and the
Director, Corporate Services & City Solicitor; and
3. That the appropriate City of Pickering officials be authorized to take the necessary actions as
indicated in this report.
Executive Summary: Madison Communities Limited ("Madison") has offered to purchase
approximately 4.29 ha of land owned by the City within the Duffin Heights Neighbourhood.
Madison's offer is contained within the Agreement of Purchase and Sale (the "Agreement") .
included as Attachment No. 1 to this Report. City staff recommend that the City enter into the
Agreement.
Financial Implications: The Agreement provides that Madison shall pay to the City the
purchase price of $23,000,00n. The closing date set out in the Agreement is May 26, 2017, and
the purchase price must be paid to the City on that date.
Discussion: The City is the owner of approximately 4.29 ha of land (the "Lands")
suitable for mixed use development within the Duffin Heights Neighbourhood. Pursuant to
Council's direction, City staff implemented a process whereby the City entertained offers to
purchase the Lands. For that purpose, an Invitation to Submit Offer, together with detailed
information concerning the Lands, was published and posted on the City's website. Of the various
offers received, City. staff recommend that Council approve the offer submitted by Madison. The
purchase price set out in Madison's Agreement is $23,000,000. This price compares favourably to
the appraised value of the Lands. The closing date set out in Madison's Agreement is May 26,
2017, and the Agreement provides that the full balance of the purchase price will be paid to the
City on the closing date. It is important to note that .the Agreement does not provide for vendor
take back mortgage financing, so the full amount of the purchase price must be paid to the City on
72
ATTACHMENT#_/_TO REPORT# LE~
f .of. (~
Agreement of Purchase and Sale
This Agreement made this 3 reX_ day of Mo-rC.V\ , 2017.
Between:
The Corporation of the City of Pickering
hereinafter called the 'Vendor"
and
M o.O..~c;o o Co~Mvv=.v\~e.s k\~'" -\-e.d
hereinafter called the "Purchaser"
Article 1
Interpretation
1.1 Definitions. In this Agreement, unless the context otherwise requires, the
terms in quotation marks which are set out below shall have the following
respective meanings:
(a) "Acceptance Date" means the date on which this Agreement of
Purchase and Sale is fully executed by the Vendor and the Purchaser;
(b) "Agreement" or "This Agreemenf' means this Agreement between the
Vendor and the Purchaser and includes all schedules annexed hereto and
forming part hereof;
(c) "Authority" means any federal, provincial, regional, municipal or other
governmental authority having jurisdiction and "Authorities" means any
two or more·of any Authority;
(d) "Business Day" means any day other than a Saturday, Sunday or
statutory holiday in the Province of Ontario; ·
(e) "City" means The Corporation of the City of Pickering;
(f) "Closing Date" means the date on which Closing occurs, which date shall
be no later than May 26, 2017 unless extended in accordance with section
62 hereof and "Closing" means the completion of this Agreement in
accordance with its terms;
(g) "Deposit" mean that portion of the Purchase Price, payable by the
Purchaser to the Vendor in accordance with sections 2.3 (a) and (b);
(h) "Prime" shall mean the rate of interest charged by the Canadian Imperial
o<f-tl-
ATTACHMENT# I TO REPORT#
~ .of. 1 =t-
Bank of Commerce for loans to its commercial customers in Toronto as at
. the Closing Date;
(i) "Purchase Price" means· the purchase price for the Real Property as
set out in section 2.2;
0) "Real Property" means the lands described on Schedule "A" attached
. hereto;
(k) "Requisition Date" means the date that is 20 Business Days prior to
the Closing Date;
(Q "Utilities" shall mean electricity, local gas, telecommunications services,
cable services and other utility services.
1.2 Headings. The division of this Agreement into separate Articles, Sections and
Schedules and the insertion of headings are for convenience of reference only
and shall not affect the construction or interpretation ofthis Agreement
1.3 Entire Agreement. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof and, except as
herein stated and in the .instruments and documents to be executed and
delivered pursuant hereto, contains all of the representations, warranties, and
agreements of the respective parties with respect to the subject matter hereof.
There are no verbal representations, undertakings or agreements of any kind
between the parties except as set out herein. The Vendor's Invitation to Submit
Offer for the Real Property does not form a part of this Agreement ·
1.4 Severability. If any covenant, obligation or agreement of this Agreement, or
the application thereof to any person or circumstance shall, to any extent, be
invalid or unenforceable, the remainder of this Agreement or the application of
such covenant, obligation or agreement to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected
thereby. Each covenant, obligation and agreement of this Agreement shall be
separately valid and enforceable to the fullest extent permitted by law.
1.5 Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the Province of Ontario and the applicable laws of
Canada.
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Article 2
Purchase and Sale
2.1 Purchase and Sale. The Purchaser hereby agrees to purchase from the
Vendor and the Vendor hereby agrees to sell to the Purchaser the Real
Property on the Closing Date on the terms and subject to the conditions herein
contained, for the Purchase Price, subject to the adjustments as provided in this ·
Agreement.
2.2 Purchase Price. The Purchase Price for the Real Property shall be the sum of
Dollars ($<93,~001 eoc.oq in lawful
money of Canada. 1 \ll eM--i \"~ree. M \ \ hb\\ Do\\ o...r.S
2.3 Payment of Purchase Price. The Purchase Price shall be payable to the Vendor
as follows:
The Purchase Price shall be payable by:
(a) certified cheque payable to the Vendor in the sum of ·
. Dollars ($1 1150100(:) .00) in lawful money of
Canada representing 5% of the Purchase Price, as a Deposit, the prior
receipt of which the Vendor hereby acknowledges; and
(b) certified cheque on the Closing Date payable to the Vendor, in the further
sum of Dollars
($ c;t 1, gSo .o0o · o o ) in lawful money of Canada representing the
balance of the Purchase Price, subject to adjustments as provided herein.
The Deposit is delivered to the Vendor pending completion or other termination
of this Agreement and shall be credited to the Purchase Price on Closing. The
Deposit shall be held by the Vendor in a non-interest bearing account. In the
event this Agreement is not completed due to the default of the Purchaser, the
Deposit shall be retained by the Vendor, as liquidated damages and not as a
penalty without prejudice to the Vendor's rights to any additional or alternative
remedies available to it at law or pursuant to this Agreement.
2.4 Adjustments. The Purchase Price shall be adjusted as of midnight on the day
preceding the Closing Date on account of realty taxes and payments·made under
the Duffin Heights Developers Cost Sharing Agreement (the "GSA"). If the final
amount of any Item to be adjusted in accordance with this section cannot be
determined at Closing, then the initial adjustment for such item made at Closing
shall be estimated by the Vendor, acting reasonably. In each case, when such a
cost or amount is actually determined, the Vendor and Purchaser agree to
readjust the amount of the item forthwith. ·
2.5 Cost Sharing Agreement. The Vendor and the Purchaser acknowledge that the
Vendor has paid for certain servicing costs related to the Real Property, as
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ATIACHMENT# j TO REPORT# )___E: Ll D L{--(~ y .of.(+
required pursuant to the GSA. Th~ amount of servicing costs paid by the Vendor
prior to the Closing Date and allocable to the Real Property shall be shown on the
statement of adjustments and credited to the Vendor on Closing. If, for any reason,
the Trustee under the GSA revises its calculation of the amount of servicing costs
paid by the Vendor, or if the City has paid any other costs allocable to the real
property under the GSA on or before the Closing Date, then the Vendor and the
Purchaser undertake to readjust the amount of such additional costs forthwith. On
Closing, the Vendor and the Purchaser shall enter into an agreement, on temis
satisfactory to the Vendor acting reasonably, whereby the Purchaser agrees to: (i)
· ·execute the GSA and any subsequent amendments thereto as a Participating
Owner (as defined in the GSA), (ii) assume all obligations related to the Real
Property under the CSAand (iii) release and indemnify the Vendor from all
obligations arising under the GSA with respect to the Real Property.
2.6 Vendor's Condition. This Agreement is conditional upon the approval of the
Vendor's Council prior to April21, 2017. This condition has been included for the
sole benefit of the Vendor. If this condition is not fulfilled, then this Agreement shall
be null and void notwithstanding any intermediate act or negotiations, and neither
the Vendor nor the Purchaser shall be liable to the other for any loss, cost or
damages, and the Deposit shall be returned forthwith to the Purchaser without
interest or deduction.
Article 3
Representations and Warranties
3.1 Warranties. The Purchaser hereby represents and w;:mants to the Vendor
that, as of the date hereof;
(a) the Purchaser is not a non-resident within the meaning of the Income Tax
Act (Canada) or the Investment Canada Act (Canada);
(b) this Agreement and. its obligations hereunder and the documents and
transactions contemplated herein have been duly and validly authorized by
all requisite proceedings on the Purchaser's part and constitute the
Purchaser's legal, valid, binding and enforceable obligations;
(c) the Purchaser will at Closing have the authority and ability to satisfy all ·
financial obligations of the Purchaser contemplated by this Agreement,
including full payment of the balance of the Purchase Price, subject to the
adjustments, as provided in Section 2.3;
(d) the Purchaser is now and at Closing will be a body corporate existing in
good standing under the laws of the Province of Ontario with full corporate
power, authority and capacity to enter into this Agreement and carry out
the transactions contemplated hereby; and
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(e) The Purchaser will at Closing have full and absolute right and power to
receive a transfer of the Real Property and to enter into any agreements
contemplated by this Agreement.
The Purchaser acknowledges that the Vendor has entered into this Agreement in full
reliance on the truth and accuracy of all the Purchaser's warranties and
representations expressed herein.
3.2 Limitation: Property Sold "As Is, Where Is". The Purchaser shall purchase
the Real Property as it exists, without representation, warranty or condition on
the part of the Vendor with respect to fitness, developability, planning approvals,
the timing or cost of development, condition, zoning, public highway access,
environmental state, soil conditions or physical condition, whether express or
implied. The Purchaser acknowledges that it has relied entirely upon its own
inspections and investigations with respect to the quantity, quality, planning
status, developability, timing and cost of development, environmental state and
value ofthe Real Property. Without limiting the generality of the foregoing, the
Purchaser acknowledges that the Vendor accepts no liability whatsoever for the
findings, accuracy or other matters contained in the Vendor's Invitation to Submit
Offer, any Addenda thereto, or any documents contained or referred to therein or
in any reports, plans, memoranda or other documents provided by the Vendor.
Article4
Purchaser's Covenants
4.1 Harmonized Sales Tax. The Purchaser agrees that it will be as at the Closing
Date a registrant for Hannonized Sales Tax (H.S. T.) under the Excise Tax Act,
R.S.C. 1985, c. E-15 as amended, and will provide evidence of same in form and
substance reasonably satisfactory to the Vendor and its solicitors at the Closing
Date, including without limitation, a statutory declaration sworn by a senior officer
of the Purchaser confirming the Purchaser's H.S.T. registration number and that
such registration continues to be in full force and effect and an indemnity to the
Vendor for any H.S.T. (and related penalties, costs, interest, or other amounts)
claimed from the Vendor in the event the Purchaser does not pay the H.S.T.
payable by it in respect of this transaction. In the event that the Purchaser
shall fail to deliver such evidence and such indemnity to the Vendor, then the
Purchaser shall pay to the Vendor, in addition to the Purchase Price herein, in
accordan~ with the Purchaser's obligation to pay and the Vendor's obligation to
collect H.S.T. under the said Act, an amount equal to thirteen (13%) per cent of
the Purchase Price or such other amount as is required pursuant to the said Act
on the Closing Date. All sums required to be paid by the Purchaser as set out ih
this Agreement shall be exclusive of H.S.T. and Purchaser shall pay all such sums .
together with applicable H.S.T.
4.2 Assignment. The Purchaser agrees that it shall not assign this Agreement in
whole or in part or otherwise grant any of its rights hereunder to any person, firm
or corporation without the prior written approval of the Vendor, which approval
5
ATTACHMENT# I
(p .of.
TO REPORT# }_f3 ~'\ 0<-( ~ (T-
~~ .
the Vendor may arbitrarily withhold. Without limiting the Vendor's discretion in
granting its approval, in the event of any such approved assignment, the
Purchaser shall continue to remain liable hereunder and the assignee shall be
bound by all of the terms and conditions contained herein.
Article 5
Title Review
5.1 Title Review. The Vendor shall not be bound to produce any abstract of title,
title deeds, survey or other evidence of title, other than as may be in the
possession of the Vendor. The Purchaser is to be allowed until the Requisition
Date to examine the title at its own expense. If within that time, any valid objection
to the title is made in writing to the Vendor which the Vendor is unable or unwilling
to remove, remedy or satisfy and which the Purchaser will not waive, this
Agreement shall, notwithstanding any intermediate acts or negotiations in respect
of such objections be null and void, and the Deposit shall be returned by the
Vendor without interest or deduction. Save as to any valid objection so made
within such time, the Purchaser shall be .conclusively deemed to have accepted
the title ofthe Vendor to the Real Property. ·
5.2 Title. The title shall be good and free from all encumbrances, save for any
subdivision or development agreements, any easements for drainage, drainage
structures, hydro, gas, sewers, water, telephone or like serVices and rights of
entry, easements, covenants and licenses referred to in this Agreement or in any
Subdivision Agreement, Development Agreement, and/or Site Plan Agreement and
the permitted encumbrances set out in Schedule "B" attached hereto.
Article 6
Closing
6.1 Preparation of Documents. A transfer of the Real Property shall be
prepared by the Vendor, provided, however, that any Reference Plan which may
be required to create a registrable legal description of the Real Property shall be
prepared and deposited at the expense of the Purchaser. All registration
charges, land transfer tax, provincial sales tax and harmonized sales taxes (if
any) payable in connection with the sale of the Real Property st)all be paid by
the Purchaser. The Vendor and Purchaser shall deliver, each to the other, an
undertaking to readjust all items on the Statement of Adjustments as necessary,
and a bring-down certificate with respect to representations and warranties.
6.2 Closing. The Closing shall be held in the Land Registry Office for the Land
Titles Division of Durham (No. 40), or if available, by electronic registration, on
the Closing Date. The Vendor shall have the sole right and option from time to
time to extend the Closing Date for a period or periods up to an aggregate of
ninety (90) days on giving ten (10) Business Days' notice to the Purchaser.
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Article 7
Remedies
--:;--.of. 1 1-
7.1 In the event of the Purchaser's default, the Vendor may, in its sole and absolute
discretion, by notice in writing given to the Purchaser, terminate this Agreement.
The Vendor's right to terminate is in addition to and not in substitution for any
other rights or remedies available to the Vendor at law or equity.
7:2 Indemnity and Insurance. The Purchaser shall indemnify and save harmless
the Vendor from and against all claims, demands, proceedings, actions,
damages, costs and expenses which may be made or brought against the
Vendor or which the Vendor may sustain, incur or be put to either directly or
indirectly by reason of any breach of this Agreement, the performance or non-
performance of any other work on or in respect of the Real Property by the
Purchaser or any person for whom the Purchaser is responsible at law. The
Vendor shall not be liable in respect of any claim, demand, action or
proceeding which may be made or brought against the Purchaser by any
subsequent purchaser or owner ofthe Real Property, and the Purchaser shall
indemnify and save harmless the Vendor in respect thereof.
The Vendor shall not be liable to any real estate agent or brokerage for any
commission or fees, and the Purchaser shall indemnify and save harmless the
Vendor in respect thereof.
7.3 No Waiver. No omission by the Vendor or Purchaser to· enforce the strict
performance of their respective rights under this Agreement shall operate as a
waiver of any such rights, and no waiver by the Vendor or Purchaser of the
performance by the other of any covenant or provision of this Agreement shall,
of itself, constitute a waiver of any subsequent breach of such covenant or
provision or any other covenant or provision.
Article 8
General
8.1 Notice. Any notice given hereunder shall be in writing and may be
personally delivered, transmitted by facsimile br mailed, provided at the time of
mailing there is no postal interruption, and it shall be conclusively deemed to
have been delivered immediately upon delivery, or, if transmitted by facsimile,
upon transmission or if mailed, on the fourth (4th) Business Day after the date on
which such notice shall have been posted by prepaid registered mail to the
recipient's address. Notice shall be sent as follows or to such other address of
which either party may advise the other in accordance with the foregoing:
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To The Vendor:
ATTACHMENT# / TO REPORT# f_e t:, D tf-/1---
g .of./-:=:;-.
The Corporation of the City of Pickering
One The Esplaflade
Pickering ON L 1V 6K7
Attention: Paul Bigioni
Director, Corporate SeJVices & City Solicitor
Fax No.: · 905.420.9685
To The Purchaser: t\on-\~Of' CoM.MOr\.\ \~<..s h_L""1 \.\(.d
o bO. R_l""'-ro<:..I.L Q..c:A.c\
"lcr~o, OA.~io, r-17~ -St. X.
Attention: I'\ <~~e.\. S • ~e.\('
Fax No.: (.\..\.Lob) -b b l-1-{ c;ta.._ q
8.2 Planning Act. This Agreement shall be effective to create an'interest in
land only if the provisions of Section 50 ofthe Planning Act, R,S.O. 1990, c.P-1
3, as amended from time to time, are complied with by the Vendor on or before
completion.
8.3 Tender. The parties waive personal tender and agree that tender shall be
validly and effectively made if the tendering party shall attend at the Registry
Office in which the title to the Real Property is recorded, at 3:00 p.m. on the
Closing Date and for the period of one-half hour is ready, willing and able to close.
Alternatively, tender may be validly and effectively made upon the designated
solicitors for the party being tender~d. Payment must be made upon the
designated solicitors for the party being tendered. Payment must be made or
tendered by certified cheque drawn on any Canadian Bank or trust company.
8.4 Gender/Context. This Agreement and its acceptance are to be read with all
changes of gender or number required by the context.
8.5 Interpretation. The words "herein", "hereto", "hereunder", "heretofore",
"herewith", and similar expressions, refer to this Agreement and not to any clause,
section or portion thereof, unless the context or subject matter otherwise so
requires.
8.6 Binding Agr:eement. This Agreement when duly executed by the parties hereto
shall constitute a binding contract of purchase and sale and time shall in all
respects be of the essence.
8. 7 No Merger. The provisions and covenants of this Agreement shall not merge
on the closing of this transaction, nor shall the delivery of transfers or deeds
be deemed to satisfy any covenants, agreements, terms or conditions
contained in this Agreement.
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8.8 Successors. Except as herein expressly provided, this Agreement shall extend
to, be binding upon and enure to the benefit of the successors and permitted
assigns of the parties hereto.
8.9 Irrevocable. This Agreement has been executed by the Purchaser prior to ·
execution by the Vendor and until executed by the Vendor, this Agreement shall
constitute an irrevocable offer to purchase by the Purchaser to the Vend.or until
4:30pm on March 20, 2017, after which time, if not executed and delivered by
the Vendor such offer shall be null and void.
8.10 Confidentiality. The Purchaser, for itself, its directors, officers,
employees, engineers, surveyors, consultants and other advisers,
representatives and agents (collectively, "Representatives"), agree that they shall
not, except as required by law, disclose to anyone or use for any purpose other
than the acquisition and financing of the Real Property any information
concerning the Real Property, whether such information was disclosed by .the
Vendor or obtained by the Purchaser or its Representatives through their own
investigations and inquiries. The Purchaser shall reveal such information only
to such Representatives (and not toany other persons) who need to know the
same for the purpose of the acquisition and financing of the Real Property and
who are informed of and instructed to comply with the provisions of this Section
8.1 0. If this Agreement is terminated for any reason whatsoever, and as a
precondition to any return of the Deposit, the Purchaser shall deliver forthwith
and cause all of its Representatives to deliver forthwith to the Vendor all
documents, records and reports and all other information or data relating to the Real
Property, including all copies thereof, which the Purchaser or its Representatives
obtained from the Vendor or otherwise obtained in the course of their own
investigations, and shall keep and cause its Representatives to keep in strict
confidence all such information and aW,discussions between the Vendor and
Purchaser with respect to the Real Property and the transaction contemplated by
this Agreement The obligations of the Purchaser under this Section shall survive
Closing or any termination of this Agreement.
8.11 Counterparts. This Agreement may be executed in counterparts, each of
which· shall be deemed to be an original and all of which when taken together
shall be deemed to constitute one and the same instrument. Counterparts may
be executed either in original, electronic pdf or telecopied form and the parties to
this Agreement shall adopt any signatures received by email or receiving
telecopier machine as original signatures of the parties.
8.12 Amendments. No supplement, modification, amendment or waiver of this
Agreement shall be binding unless executed in writing by the parties hereto in
the same manner as the execution of this Agreement.
8.13 Time. Time shall be of the essence of this Agreement.
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Schedule "A"
Legal Description of the Real Property
Firstly,
PIN 26383-0802 (L T)
Part Lot 19 Concession 3, Pickering, Parts 2, 3, 4 and 5 Plan 40R26764; subject to
an easement in gross over Parts 6 and 7 Plan 40R28759 as in DR1463116; subject
to an easement in gross over Parts 7 and 9 Plan 40R28759 as in DR1463117; City
of Pickering
Secondly,
PIN 26383-1230 (LT)
Part Lots 19 Concession 3, Pickering; subject to an easement in gross over Part 4
Plan 40R28759 as in DR1463116; City of Pickering
ATTACHMENT# I To REPoRT# )__e ~ o Y-~ I~
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Schedule "B"
Permitted Encumbrances
(1) Reservations or exceptions of mines and minerals.
(2) Reservations or exceptions in the original grant from the Crown and all statutory
exceptions, reservations, limitations, and conditions to title provided for in the
Land Titles Act (Ontario).
(3) Liens for taxes, assessments or charges not yet due.
(4) Easements, rights-of-way and/or licences now registered (or to be registered
hereafter) for the supply and installation of utility services, drainage, telephone
services, electricity, fencing, gas, catch basins storm and/or sanitary sewers,
water, cable television and/or any other service(s).
(5) Municipal or governmental agreements and agreements with publicly regulated
utilities, including, without limitation, any development, site plan, subdivision,
engineering and/or other municipal agreement (or similar agreements entered
into with any governmental authorities) and amendments thereto now registered
(or to be registered hereafter) including, without limitation, any agreements
and/or documents required as a condition of subdivision and/or site plan
approval.
(6) Utility Agreements.
(7) Duffin Heights Developers Group Cost Sharing Agreement, as amended from
time to time.
(8) Instrument No. C094360, being a By-law regarding subdivision control.
(9) Instrument No. DR429851, being Airport Zoning Regulations, as amended from
time to time.
(10) Instrument No. DR900023, being a Region of Durham Servicing Agreement.
. (11) Instrument No. DR1463116, being an easement in favour ofthe Region of
Durham for constructing, operating and maintaining a sanitary sewer.
(12) lnstrument No. DR1463117, being an easement in favour of the Region of
Durham for constructing, operating and maintaining a watermain.
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Schedule "C"
ATIACHMENT#_/_TO REPORT# LE~ of-11--
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Additional Provisions and Development Proposal
Due Diligence Condition & Inspection Period
1. "Inspection Period" means the period of thirty days (30) days following the Acceptance
Date
2. After acceptance of this Agreement, the Purchaser, its planners, engineers, surveyors or
other agents, shall be allowed to enter the Property from time to time for the purpose of
obtaining data, conducting soil tests environmental testing, surveying, and any other
purpose required for investigation of the status of the Property. All inquiries,
investigations or inspections shall be carried out at the Purchaser's sole cost, risk and
expense. The Purchaser shall indemnify the Vendor from any damage caused by its entry
and activities on the Property and shall restore the Property to their original condition
after entry.
3. The Vendor hereby consents to the release to the Purchaser, its servants, agents or
solicitors, of information pertaining to the Property from any municipal, provincial. or
other governmental or regulatory authority which may be required by the Purchaser or its
agents in connection with investigations to be conducted by the Purchaser or its solicitors
hereunder, and the conducting of such inspections that may be required by any such
municipal, provincial or other governmental or regulatory authority in connection
therewith. The Vendor will provide within two (2) Business Days of the Acceptance
Date, executed authorizations of the Vendor that may be used by the Purchaser in
connection with the foregoing inquiries.
4. The Purchaser may at its option terminate this Agreement within the Inspection Period, if
it is not satisfied, in its sole and absolute discretion, with the state of the Property, the
development potential, or any other matter with respect to its investigation of the
Property (which right of termination is herein called the "Due Diligence Condition"). The
said termination is to be in writing delivered to the Vendor and upon such termination
being exercised, this Agreement shall be null and void and the Purchaser shall be entitled
to the return of its deposits in full together with accrued interest and neither party shall
have any further obligations to each other hereunder. The parties acknowledge that
notwithstanding that the satisfaction of the conditions in this paragraph are within the
sole, absolute and unfettered discretion of the Purchaser that this Agreement is binding in
accordance with its terms. If the Purchaser does not waive this right in writing during the
Inspection Period, then it shall be deemed to have terminated this Agreement.
05 Technology-Related Provisions
06 Communications
07 Phones
08 All Candidates Meetings
09 Discontinued Activities for Members of Council During an Election Year
10 Limitations
11 Exception to this Procedure
01 Definitions
01.01 All Candidates Meeting;.... a public meeting held to provide an opportunity for
all candidates to explain their election platform and to answer questions from
the audience.
01.02 Campaign Period-begins on the date a Candidate files their nomination
paper through to/voting day. For Federal and Provincial elections the
campaign period begins with the issuance of the writ through to voting day.
01.03 Candidate-a person who has filed a nomination paper to run in an election.
01.04 Corporate Resources-includes any physical or technological resource that
supports the operation of City programs and services including but not limited
to: the City Crest, City Logo, facilities, staff, infrastructure, equipment, supplies,
services, computers, telephone networks, photocopiers, fax machines, email
system, voicemail, wireless equipment, internet, intranet, smart phones,
tablets, consumables related to the above equipment such as paper, toner or
any resource that belongs to or is funded by the City.
01.05 Election Sign-a sign that is intended to influence individuals to vote for or
against any candidate or any referendum question. Election signs include
election material such as buttons, t-shirts, hats, pens, stationary, calendars,
. fridge magnets, car magnets/car wraps, etc.
01.06 Employees or Staff~ includes full-time, part-time, temporary and contract
employees paid by the City of Pickering. A.lso ir~c;ludes volunteers that are
working for the Corporation of the City of Pickering.
01.07 Member of Council-Mayor and all Members of Council
02 General
The following procedure applies to all candidates, including an acclaimed Member of
Council or a Member of Council not seeking re-election.
Procedure Title: Corporate Resources for Election Purposes
9 2Procedure Number: ADM 170-001
Page 2 of 7
02.01
02.03
As provided for in section 11 and 12 of the Act, the Clerk, or designate, is
responsible for conducting elections and may provide for any matter or
procedure that is hot otherwise provided for in an Act or regulation and, in the
Clerk's opinion, is necessary or desirable for conducting the election.
Accordingly, any decision regarding the conduct of an election, including the
interpretation and application of this Procedure, shall fall under the authority of
the Clerk.
No Member of Council may use their position on Council to obtain, garner or
take advantage of any offer of special pricing or betterment that is obtained due
to their association with the City and that would provide an unfair advantage to
that Member of Council over that of other candidates.
03 Staff Involvement in Elections
City Staff are expected to preserve the public trust and confidence in the City. With
respect to elections, employees are expected to promote the principles of transparency,
impartiality, respect, and accountability as follows:
a) Employees engaged in political activities must take care to separate those personal
activities from their official positions. Employees may participate in political activity at
the Federal, Provincial and municipal levels providing that such activity does not take
place during work hours or utilize City assets, resources, or property. Notices, posters
or similar material in support of a particular candidate or political party are not to be
· displayed or distributed by employees on City work sites or on City property.
b)· Staff shall not canvass or actively work in support of a municipal candidate or political
party during normal working hours unless they are away from work on a leave of
absence without pay, maternity/parental leave, lieu time, flex day or vacation leave.
c) Staff shall not canvass or actively work in support of a municipal candidate or political
party while wearing a uniform, badge, logo or any other .item identifying them as an
employee of the Corporation, or using a vehicle owned or leased by the Corporation.
d) Staff who are also relatives of any Member of Council or Candidate shall not be
assigned to work as an Election Official, or work on any p~rt of the election process.
e) Staff are advised to be especially mindful of public perception during municipal
elections, and to ensure that their activities neither conflict with nor adversely affect
their duties as City staff. Moreover, staff have a responsibility to ensure that .public
resources are not used for campaigning by any person.
04 City Facilities ·
04.01 Campaigning, distribution or display of campaign material will not be permitted
at any Gity facility, City event or City meeting whether on municipal property or
not (Exception: All Candidates Meetings).
Procedure Title: Corporate Resources for Election Purposes
Procedure Number: ADM 170-001
Page 3 of 7
93
04.02
04.03
Candidates who have filed nomination papers can rent rooms at City facilities
to hold election-related meetings or to solicit/receive campaign fu.nds, subject ·
to the usual rental charges and permit procedures.
Candidate signage or election campaign material can only be displayed within
the rented room at a City facility. No campaign material (ie. signage,
brochures, sign-in tables) can be anywhere other than the rented room.
05 Technology-Related Provisions
05.01 The City of Pickering computer system (hardware, software and network) may
not be used to record, distribute or store election-related material.
05.02 The City is to be reimbursed for all election-related calls and internet usage
from smart phones, home phones and computers/iPads which are funded by
the City.
05.0~ Websites or domain names that are funded, owned, or· operated by the City of
Pickering shall not include any election-related material, including advocating
for a political party, or candidates in any election campaign-related purpose,
other than non:..partisan election information material that is required for the
proper administration of the election under the Act and basic contact
information for candidates.
05.04 Constituent websites that have been used and funded on the City's website by
Members of Council throughout a term of office cannot be used as an election
website or redirected to an election website.
05.05 On May 1st of an election year, the link from the City's website to any Member
of Council's City-funded or personal website will be severed until after the
. election. All expenses related to the personal weqsite will not be reimbursed
from May 1st to December 1st.
Exception: a link to the Municipality's election webpage is permitted for the purpose of providing
general information about the election.
06 Communications
06.01 In any material printed or distributed by the City of Pickering, Members of
Council are not permitted to:
a) explain or illustrate that an individual (either. a Member of Council or any
other individual) is a candidate registered in any ele.ction;
b) identify where they will be running for office; or
Procedure Title: Corporate Resources for Election Purposes
~ocedure Number: ADM 170~001
Page 4 of 7
06.02
06.03
06.04
c) profile or make reference to Candidates in any election.
Members of Council cannot use the City's telephone system to make or receive
election-related calls.
The City's voicemail system may not be used to record or store election-related
messages.
The following may not be printed or distributed on any election-related
materials or included in any election campaign-related website;
a) reference to any of the City's email addresses, telephone numbers, facility
addresses, or municipally-fu·nded facility addresses;
b) City of Pickering's logo, crest, slogan etc., may not be printed on any
election materials or included on any election campaign-related website;
c) City of Pickering business cards, letterhead, envelopes etc., may not be .
used for any purpose associated with a candidates election campaign
and/or advertising; and
d) photographs and vicjeos produced for and owned by the City may not be
used for any election campaign related purpose.
06.05 To assure compliance withthe Municipal Freedom of Information and
Protection of Privacy Ad, distribution lists or contact lists compiled utilizing
corporate resources or through contact in a Member of Council's role shall not
be utilized for election campaign.:.related purposes.
07 Phones
07.01
07.02
Cell phones provided to Members of Council and paid for by the City cannot be ·
used for campaigning purposes. It is recognized that carrying two cell phones
is cumbersome and awkward. An acceptable alternative would be for the
Member of Council to assume 50% of the operating costs of the cell phone
during any Campaign Period, in order for the cell phone to be used for
campaign purposes.
'
Home\phones paid for by the City cannot be used for ca~paigning purposes,
however, an acceptable-alternative would be for the Member of Council to
assume 50% of the operating costs for their home phone in order for the home
phone during any C~mpaign Period, to be used for campaign purposes. ,; l
Procedure Title: Corporate Resources for Election Purposes
Procedure Number: ADM 170-001
Page 5 of 7
95.
08 All Candidates Meetings
. 08.01
08.02
Organizations conducting All Candidates Meetings will be required to abide by
the following: ·
a) All Candidates Meetings may be held in a City facility with the approval of
the Clerk, subject to the usual rental charges and permitprocedures for
such use;
b) City staff will not provide special or additional services or assistance for the
event;
c) the organization conducting the event must invite all registered candidates
to the event that have registered for the position that the All Candidates
Meeting relates to (i.e. Mayor, all candidates registered for Mayor or a
particular Ward, all candidates registered for that Ward, etc.);
d) the organization conducting the event will not allow candidates to set up
~lection signage, election literature, or campaign material at the facility
· sooner than four hours before the event; and
e) the organization conducting the event will make sure all election signage
and literature is removed from the facility by no later than midnight the day
of the event.
In order to qualify as an All Candidates Meeting, the meeting must be held by
an organization not affiliated with any particular candidate(s).
09 Discontinued Activities for Members of Council during an Election Year
09.01 As per Council approved, Council Compensation Policy ADM190, in an election·
year the following condjtions shall apply effective May 1st:
a) no mailing or distribution of constituent communications where the costs
are borne by the City;
b) no mailing or distribution of generic neighbourhood letters or cooperative
letters where the co~ts are borne by the City;
c) no individual advertising where the costs are borne by the City (i.e.
newspaper ads/columns or .advertising in community publiqations); I . I ! . I.
d) no community events can be organized by a Member of Council where the
costs are borne by the City unless approved by the Clerk and organized by
City Staff (i.e. safety meetings, government info meetings); and
Procedure Title: Corporate Resources for Election Purposes
9~rocedure Number: ADM 170-001
Page 6 of7
e) limited amounts of stationary and business cards for Members of Council
can be ordered to maintain a sufficient supply for day-to-day operations
until after Election Day.
10 Limitations
10.01
10.02
10.03
Nothing in this Procedure shall prohibit a Member of Council from performing
their job as a Member of Council, nor impede them from representing the
interests of constituents. -It is however, important to recognize that, as
incumbents, Members of Council's actions and activities will be subject to
increased scrutiny. Members of Council are typically held to a higher standard
and, as a result, the perception of their actions may be more important than the
action itself.
Nothing in this Procedure shall preclude a staff member from exercising his/her
civic right and duty to participate in the municipal election process as a private
citizen.
Nothing in this Procedure shall prevent staff from conducting an election in
accordance with the Act, or providing non-partisan election information material
on behalf of the City so as to inform the public about the election and the
election process.
11 Exception to this Procedure
11.01 Municipal election information prepared, posted and maintained by Legislative
Services. -
11.02 Names, photographs and contact information for Members of Council to
conduct municipal business.
Procedure Title: Corporate Resources for Election Purposes
Procedure Number: ADM 170-001
Page 7 of 7
97
By-laws
7557/17
7558/17
7559/17
7560/17
7561/17
May 15, 2017
Being a by-law to exempt Block Q, Plan M-15, Pickering, from the
part lot control provisions of the Planning Act. (By-law attached)
Being a by-law to establish that part of Lots 24 and 25, RCP 818,
being Part 3, 40R-29545 as public highway. (By-law attached)
Being a by-law to authorize the Civic Complex Roof Replacement
project in the City of Pickering and the issuance of debentures in
the amount of $520,000.00. [Refer to Executive Agenda pages 18-
19]
Being a by-law to adopt the estimates of all sums required to be
raised by taxation for the year 2017 and to establish the Tax Rates
necessary to raise such sums and establish the final due dates for
the residential, pipeline, farm and managed forest realty tax
classes. [Refer to Executive Agenda pages 27 -29]
Being a by-law to authorize the Sixth Concession Road -Road
Reconstruction and Storm Sewer Replacement, Greenwood Road
to Westney Road project in the City of Pickering and the issuance
of debentures in the amount of $1 ,540.000.00. [Refer to New and
Unfinished Business pages 68-69]
98
-~-aty. q1---
PlCKER1
To: Debbie Shields
City Clerk
From: Paul Bigioni
G
Director, Corporate Services & City Solicitor
Copy: Director, City Development & CBO
Subject: Request for Part Lot Control By-law
Owner: Madison Liverpool Limited
Block Q, Plan M-15
File: PLC.M-15.1
M mo
April12, 2017
A portion of the above-mentioned block is being developed in accordance with the appropriate
Agreements, Zoning By-law and Common Elements Condominium Plan In such a manner as to
allow the construction of 67 dwelling units (parcels of tied lands).
The remaining portions of the above-mentioned Block, being Parts 1 to 4, 40R-29568, are being
divided and conveyed to the adjacent land owners to merge with their existing lots.
Attached is a location map and a draft by-law, enactment of which will exempt this Block from the
part lot control provisions of the Planning Act thus allowing the:
(a) 67 units to be created on parcels of tied lands ('potls') and the transfer of those potls into
separate ownership; and
(b) two separate parcels to be conveyed to the adjacent owners.
The draft by-law is attached for the consideration of City Council at its meeting scheduled for May
15, 2017.
PB:bg
Attachments Location Map
Draft By-law
99
The Corporation of the City of Pickering
By-law No. /17
Being a by-law to exempt Block Q, Plan M-15, Pickering,
from the part lot control provisions of the Planning Act.
Whereas pursuant to the provisions of section 50(7) of the Planning Act, R.S.O. 1990,
chapter P .13, as amended, the Council of a municipality may by by-law provide that
. section 50(5) of the Act does not apply to certain lands within a plan of subdivision
designated in the by-law;
Ano Whereas Madison Liverpool Limited, the owner of Block Q, Plan M-15, intends to
obtain approval of, and register a common elements condominium plan on a portion of
the lands and to divide the remaining portion of the lands into two separate parcels for
the purpose of conveyance to the adjacent owners;
And Whereas the proposed common elements condominium plan is to consist of 67
residential units; ·
And Whereas it is intended that the owner or owners of each of the 67 dwelling units will
own the parcel of tied land on which his, her or their dwelling is located, in fee simple
andwill also be a·memberormembersofthe··common elements condominium
corporation;
And Whereas it is intended that the parcels of tied lands on which the 67 dwellings are
to be constructed will be subdivided by means of an exemption from the part lot control
provisions of the Planning Act, R.S.O. 1990, chapter P.13.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, shall cease to
apply to Block Q, Plan M-15, upon:
(a) registration of this By-law in the Land Registry Office for the Land Titles
Division of Durham (No. 40); and
(b) registration of a restriction, pursuant to Section 118 of the Land Titles Act,
R.S.O. 1990, chapter L.5, requiring tlie consent of the Solicitor for The
Corporation of the City of Pickering to the registration of any transfer or
charge of any portion of Block Q, Plan M-15, save and except for Parts 1
to 4, Plan 40R-:29568 in the Land Registry Office for the Land Titles
Division of Durham (No. 40).
1 01
102
By-Law No. XXX Page 2
2. This By-law shall remain in force and effect for a period of two years from the
date of the passing of this By-law and shall expire on May 15,2019.
By-law passed this 15th day of May, 2017.
David Ryan, Mayor
Debbie Shields, City Clerk
The Corporation of the City of Pickering
By-law No. /17 /
Being a by-law to establish that part of Lots 24 and 25,
RCP 818, being Part 3, 40R-29545 as public highway.
Whereas The Corporation of the City of Pickering is the owner of that part of Lots 24
and 25, RCP 818, being Part 3, 40R-29545, and wishes to establish it as public
highway.
Now therefore the Council of The Corpor(ltion of the City of Pickering hereby enacts as
follows:
1. That part of Lots 24 and 25, RCP 818, being Part 3, 40R-29545 is hereby
established as public highway (Fairport Road).
By-law passed this 15th day of May, 2017.
David Ryan, Mayor
Qebbie Shields, City Clerk
105