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May 27, 2019
64 4 DICKERING Council Meeting Agenda Monday, May 27, 2019 Council Chambers 7:00 pm 6:30 pm In Camera Council Page 1. Invocation Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. 2. Disclosure of Interest 3. Adoption of Minutes Council Minutes, April 23, 2019 1 Executive Committee Minutes, May 6, 2019 17 Special Council Meeting Minutes, May 6, 2019 (Confidential Special 21 Council Meeting Minutes, May 6, 2019, to follow under separate cover) Planning & Development Committee Minutes, May 6, 2019 24 4. Presentations 5. Delegations 5.1 Jake Farr PFLAG Canada Durham Region Re: Rainbow Crosswalks 5.2 Eileen Higdon Re: Environmental and Economic Viability of a Pickering Airport 5.3 Dan Hughes and Glenn Lang, Members, Pickering Accessibility Advisory Committee (AAC) and John McLellan, Ajax -Pickering Board of Trade, Liaison to AAC Re: Corr. 11-19, 2018 Year End Report and 2019 Proposed Work Plan 5.4 Glenn Brown Re: Report PLN 08-19, Kingston Road Corridor and Specialty Retailing Node Intensification Study — Status Update and Recommended Vision and Intensification Scenario (Phase 2 of the South Pickering Intensification Study) For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 Extension 2928 Iroberts©pickering.ca cdy 4 DICKERING Council Meeting Agenda Monday, May 27, 2019 Council Chambers 7:00 pm 5.5 Elizabeth Wallis Re: Corr. 13-19, Motion for Autism Resolution and Ontario Government's Pause Plan — Support for Needs Based Therapy for Autism 5.6 Elisha Chesler, Director, Sunshine Learning Centre Inc. Re: Impacts on Changes to Autism Funding 6. Correspondence 6.1 Corr. 07-19 Marisa Carpino, Director, Community Services Re: Request to Deaccession Artifacts at Pickering Museum Village — April 2019 Deaccession List Recommendation: That Corr. 07-19, dated May 7, 2019, from Marisa Carpino, Director, Community Services, requesting approval for the deaccession of artifacts as proposed by City staff and endorsed by the Cultural Advisory Committee on April 30, 2019, be approved. 6.2 Corr. 08-19 Ralph Walton, Regional Clerk/Director of Legislative Services, Region of Durham Re: Durham Vision Zero — A Strategic Road Safety Action Plan for the Regional Municipality of Durham (2019-W-27) Recommendation: That Corr. 08-19, dated April 26, 2019, from Ralph Walton, Regional Clerk, Regional Municipality of Durham, regarding Durham Vision Zero — A Strategic Road Safety Action Plan for the Regional Municipality of Durham (2019-W-27), be received for information. 6.3 Corr. 09-19 Guy Giorno, Integrity Commissioner Re: 2018 Annual Report Recommendation: 33 41 81 For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 Extension 2928 Iroberts©pickering.ca 64 DICKERING Council Meeting Agenda Monday, May 27, 2019 Council Chambers 7:00 pm That Corr. 09-19, dated May 7, 2019, from Guy Giorno, Integrity Commissioner for the City of Pickering, regarding the 2018 Annual Report, be received for information. 6.4 Corr. 10-19 Memo from Paul Bigioni, Director, Corporate Services & City Solicitor, regarding correspondence received from Ralph Walton, Regional Clerk/Director of Legislative Services, Region of Durham Re: New Regional Smoke -Free By-law (2019 -MOH -2) Recommendation: 1. That Corr. 10-19 dated April 26, 2019, from Ralph Walton, Regional Clerk, Regional Municipality of Durham, regarding the new Regional Smoke -Free By-law (2019 -MOH -2), be received; and, 2. That the Region of Durham be advised that the City of Pickering consents to the By-law as presented. 6.5 Corr. 11-19 Tim Higgins, Accessibility Coordinator, City of Pickering Re: 2018 Year End report and 2019 Proposed Work Plan Recommendation: That Corr. 11-19, dated May 10, 2019, from Tim Higgins, Accessibility Coordinator, City of Pickering, submitting the 2018 Year End Report and 2019 Proposed Work Plan for the Accessibility Advisory Committee, be received for information. 89 98 6.6 uorr. I L- i 107 Tanya Ryce, Supervisor, Cultural Services, City of Pickering Re: 2018 Report & 2019 Work Plan Recommendation: That Corr. 12-19, dated May 9, 2019, received from Tanya Ryce, Supervisor, Cultural Services, City of Pickering, submitting the 2018 Report & 2019 Work Plan for the Cultural Advisory Committee, be received for information. For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 Extension 2928 Iroberts©pickering.ca cdy PJCKE RING Council Meeting Agenda Monday, May 27, 2019 Council Chambers 7:00 pm 6.7 Corr. 13-19 Elizabeth Wallis Re: Motion for Autism Resolution Recommendation: Whereas according to the Public Health Agency of Canada and the Canadian Medical Association Journal, Autism Spectrum Disorder (ASD), is one of the most common developmental disabilities in Canada with 1 in 66 children diagnosed and approximately 1% of the Canadian population affected by ASD, which means there are approximately 100,000 Ontarians on the autism spectrum; And whereas ASD is a life-long neurological disorder that affects the way a person communicates and relates to the people and world around them; And whereas while ASD affects every child differently, their symptoms, abilities, and experiences can improve over time with the help of therapies and supportive practices, with evidence demonstrating that when children start behavioural intervention between ages 2 and 5, they gain improvements in cognitive and language development, are better prepared for school, and have better long-term outcomes in adulthood; And whereas the Provincial Government has recently introduced new funding programs and service delivery approaches intended to address waitlists for treatment and other challenges within the existing ASD support system; And whereas considerable concerns have been expressed about these funding and program changes by a broad variety of stakeholders including Autism Ontario, physicians, educators, therapists, clinicians, and parents; And whereas these concerns speak to such matters as the inadequacy of funding, inflexibility of treatment programs, and lack of appropriate training and resources within classrooms that will be expected to support ASD students — any of which can detrimentally 110 For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 Extension 2928 Iroberts©pickering.ca cdy 4 DICKERING Council Meeting Agenda Monday, May 27, 2019 Council Chambers 7:00 pm affects families across Ontario including those in the City of Pickering; Now therefore let it be resolved that the Council of the Corporation of the City of Pickering formally requests that the Minister of Children, Community and Social Services suspend implementation of its planned changes to the Ontario autism program pending meaningful consultation with a broad range of relevant stakeholders and inclusion of any necessary revisions to the program to ensure that autistic children receive the support they need to thrive within their communities, and that a copy of this resolution be forwarded to Premier Ford, Minister Mulroney, and the Association of Municipalities, Ontario. 6.8 Corr. 14-19 Elizabeth Martelluzzi, Planner II — Heritage, City of Pickering Re: Heritage Pickering Advisory Committee 2018 Year End Report and 2019 Workplan Recommendation: That Corr. 14-19, dated May 27, 2019, received from Elizabeth Martelluzzi, Planner II — Heritage, City of Pickering, submitting the 2018 Year End Report and 2019 Workplan for the Heritage Committee, be received for information. 6.9 Corr. 15-19 Chris Jones, Director of Planning and Regulation, Central Lake Ontario Conservation Authority (CLOCA) Re: Central Lake Ontario Conservation Authority Comments for Conservation Authority Development Permits — Environmental Registry of Ontario Notice Number 013-4992 Recommendation: That Corr. 15-19, dated May 17, 2019, received from Chris Jones, Director of Planning and Regulation, Central Lake Ontario Conservation Authority (CLOCA), regarding Central Lake Ontario Conservation Authority Comments for Conservation Authority Development Permits — Environmental Registry of Ontario Notice Number 013-4992 be received for information. 112 114 For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 Extension 2928 Iroberts©pickering.ca cdy 4 DICKERING Council Meeting Agenda Monday, May 27, 2019 Council Chambers 7:00 pm 7. Report EC 2019-05 of the Executive Committee Refer to Executive Committee Agenda paces: 7.1 Director, City Development & CBO, Report PLN 12-19 1 Bonus Zoning Policy, City of Pickering Recommendation: That the Bonus Zoning Policy, dated May 6, 2019, be approved as set out in Appendix I to Report PLN 12-19. 7.2 Director, Finance & Treasurer, Report FIN 07-19 Development Charges Reserve Fund — Statement of the Treasurer for the Year Ended December 31, 2018 Recommendation: That Report FIN 07-19 of the Director, Finance & Treasurer respecting the Development Charges Reserve Fund, be received for information. 19 8. Report PD 2019-04 of the Planning & Development Refer to Planning & Committee Development Agenda pages: 8.1 Director, City Development & CBO, Report PLN 08-19 Kingston Road Corridor and Specialty Retailing Node Intensification Study -Status Update and Recommended Vision and Intensification Scenario (Phase 2 of the South Pickering Intensification Study) Recommendation: 1. That Council endorse the Recommended Vision for the Kingston Road Corridor and Specialty Retailing Node, contained in Appendix I; 2. That Council endorse the Recommended Intensification Scenario for the Kingston Road Corridor and Specialty Retailing Node, contained in Appendix II, subject to the following: 14 For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 Extension 2928 Iroberts©pickering.ca cdy 4 DICKERING Council Meeting Agenda Monday, May 27, 2019 Council Chambers 7:00 pm a) that the Recommended Intensification Scenario be revised by replacing the words "Maximum Height (Storeys)" under the sub -heading "Land Use/Built Form" in the legend of the Scenario Maps, depicted on pages 29, 31, 33, and 35, with the words "Notional Height (Storeys)", and b) that the text within the Recommended Intensification Scenario contained in Appendix II to Report PLN 08-19 with the Recommended Intensification Scenario Report, dated March 2019, be revised accordingly to delete the references to "maximum" building heights; 3. That staff be authorized to initiate Phase 3 of the Kingston Road Corridor and Specialty Retailing Node Study; and 4. That a copy of Report PLN 08-19 be forwarded to the Region of Durham, the Toronto and Region Conservation Authority, the Ministry of Transportation, and Parks Canada. 8.2 Director, City Development & CBO, Report PLN 09-19 40 Update to the Municipal Heritage Register Recommendation: 1. That the City of Pickering Municipal Heritage Register, dated May 2019, as set out in Appendix I to report PLN 09-19, be approved; and 2. That the City Development Department be directed to update the City of Pickering Municipal Heritage Register every two years. 8.3 Director, City Development & CBO, Report PLN 10-19 Heritage Permit Application HP 02/19 Request for removal of cattle barn at 1860 Seventh Concession Road Recommendation: 59 For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 Extension 2928 Iroberts©pickering.ca cdy 4 DICKERING Council Meeting Agenda Monday, May 27, 2019 Council Chambers 7:00 pm That the Heritage Permit Application HP 02/19 to remove a cattle barn located at 1870 Seventh Concession be approved. 8.4 Director, City Development & CBO, Report PLN 11-19 Official Plan Amendment OPA 18-001/P Zoning By-law Amendment Application A 02/18 Draft Plan of Subdivision Application SP -2018-02 Draft Plan of Condominium Application CP -2018-01 Icon Forest District Limited Northwest corner of Finch Avenue and Altona Road (2024 and 2026 Altona Road, and 200 Finch Avenue) Recommendation: 1. That Official Plan Amendment Application OPA 18-001/P, submitted by Icon Forest District Limited, to re -designate the lands located on the northwest corner of Finch Avenue and Altona Road from "Urban Residential Areas — Low Density Areas" to "Urban Residential Areas — Medium Density Areas" to allow a residential common element condominium development be approved, and that the draft by-law to adopt Amendment 34 to the Pickering Official Plan as set out in Appendix I to Report PLN 11-19 be forwarded to Council for enactment; 2. That Zoning By-law Amendment Application A 02/18, submitted by Icon Forest District Limited, to facilitate a residential common element condominium development consisting of 40 semi- detached and 68 townhouse units on the lands located at the northwest corner of Finch Avenue and Altona Road, be endorsed subject to the provisions contained in Appendix II to Report PLN 11-19, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment; 3. That Draft Plan of Subdivision Application SP -2018-02, submitted by Icon Forest District Limited, to establish a single development block to facilitate a common element condominium, as shown on Attachment #4 to Report PLN 11-19, and the implementing conditions of approval, as set out in Appendix III, be endorsed; 81 For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 Extension 2928 Iroberts©pickering.ca cdy 4 DICKERING Council Meeting Agenda Monday, May 27, 2019 Council Chambers 7:00 pm 4. That Informational Revision 23 to the Pickering Official Plan Rouge Park Neighbourhood Map 24 to delete the symbols for a "Proposed Separate Elementary School" and "Proposed Park", as set out in Appendix IV, be approved; and 5. That the changes to the Rouge Park Neighbourhood Development Guideline Figure A — Tertiary Plan, as shown on Appendix V to Report PLN 11-19, to delete the "Future Elementary School", "Neighbourhood Park", "Potential Access Location" and "Potential Heritage Home", be approved. 8.5 Director, City Development & CBO, Report PLN 13-19 The Municipal Comprehensive Review of the Durham Regional Official Plan: Agricultural and Rural System Discussion Paper, March 2019 Recommendation: 1. That the Region maintain the current goals and directions for the Agricultural/Rural System, and expand the goals and directions for the Agricultural/Rural System in Durham to: • support the diversification of agricultural uses and value- added agriculture; • support edge planning that will protect farm operations and improve land use compatibility between agricultural and urban land uses; • plan for climate change impacts; • acknowledge the important relationship between the Prime Agricultural Areas and the Agri -Food Network, and • support the provision of reliable fiber optic services to the rural area; 2. That the Region retain its current approach to referencing the MDS, as amended from time to time, and allow area municipalities the flexibility to implement and interpret the MDS formulae at the local level; 121 For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 Extension 2928 Iroberts©pickering.ca 64 4 DICKERING Council Meeting Agenda Monday, May 27, 2019 Council Chambers 7:00 pm 3. That the Region require local official plans to incorporate buffer areas along the urban/agricultural interface as a mechanisms to address land use conflicts arising between urban and real land uses; 4. That the Region provide high level policy support for, and recognition of, urban agriculture as part of the Region's Agricultural System, while also encouraging area municipalities to support urban agriculture though policies and zoning; 5. That the Region update any technical matters that may have occurred within the Duffins/Rouge Agricultural Preserve and Seaton Specific Policy Area lands since their designation in the Regional Plan; 6. That the Region broaden its policies to recognize "new" types of agriculture -related and "on-farm" diversified; enable area municipalities to consider these types of uses through zoning by law amendments and/or site plan approval, and to detail criteria for these uses in local official plans; and further that the Region include in its new Official Plan "caps" for certain scales of agricultural -related and on-farm diversified use operations that would trigger a more comprehensive planning review process; 7. That the Region acknowledge and address the concerns identified by staff related to the Provincial Agricultural System Mapping — Prime Agricultural Area designation as it affects the City of Pickering, as discussed in section 2.6.3 of this Report (PLN 13-19); 8. That the Region revise its lot creation policy permitting severance of a farm dwelling rendered surplus by farm consolidations, to only those circumstances when a farmer acquires an immediately abutting farm in Prime Agricultural Areas within the Agricultural System; 9. That the Region maintain the "Major Open Space" designation on non -prime agricultural lands in the new Regional Official Plan rather the change to the Province's preference for Durham to use a "Rural Lands" designation; For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 Extension 2928 Iroberts©pickering.ca cdy DICKERING Council Meeting Agenda Monday, May 27, 2019 Council Chambers 7:00 pm 10. That the Region introduce policies to restrict large solar farms from locating on prime agricultural lands; 11.That the Region recognize the Rouge National Urban Park and its management objectives in the new Regional Official Plan; 12. That the Region update its aggregate resources policies in accordance with the Provincial Policy Statement 2014 and the Growth Plan 2017; and further the Region remove the designations of High Potential Aggregate Resource Areas on lands within the limits of Settlement Areas (e.g., Barclay Estates); 13.That the Region enable area municipalities to allow accessory uses on golf courses, subject to criteria controlling the scale of the accessory use; and 14. That the Region acknowledge the exception for a cemetery use on lands located northeast of the Hamlet of Greenwood, between Highway 407 and Highway 7, reflected as "E3" on Schedule I of the Land Use Structure in the Pickering Official Plan, by including a policy exception in the Regional Official Plan. 9. Reports — New and Unfinished Business 9.1 Director, Finance & Treasurer, Report FIN 10-19 Inter -Creditor Agreement between Elexicon Energy, Elexicon Corporation and Municipal Shareholders and Toronto Dominion Bank Recommendation: 1. That Report FIN 10-19 of the Director, Finance & Treasurer be approved; 2. That Council pass the attached By-law, approving the Inter - Creditor Agreement between the Toronto Dominion Bank, the Town of Ajax, the Municipality of Clarington, the City of Belleville, the Town of Whitby, the City of Pickering and Elexicon Corporation and Elexicon Energy Inc.; 123 For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 Extension 2928 Iroberts©pickering.ca /if,. o,( PJCKE RING Council Meeting Agenda Monday, May 27, 2019 Council Chambers 7:00 pm 3. That the Mayor and City Clerk be authorized to execute the required agreements to give effect thereto; and 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 9.2 Director, Community Services, Report CS 29-19 Canada Cultural Investment Fund: Strategic Initiatives — Pickering Museum Village Cultural Tourism Project Recommendation: 1. That Council endorse the City of Pickering's application to the Canada Cultural Investment Fund for the Pickering Museum Village Cultural Tourism project by way of a Council resolution; 2. That a copy of this report be forwarded to Jennifer O'Connell, MP, Pickering -Uxbridge; and, 3. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. 9.3 Director, City Development & CBO, Report PLN 14-19 Proposed Bill 108, More Homes, More Choice Act, 2019 and Provincial Housing Supply Action Plan — Environmental Registry of Ontario Numbers 019-0016, 019-0017, and 019-0021 Recommendation: 1. That Council receive for information and review, a copy of City of Toronto Report CC7.3 of the City Manager, Chief Planner and Executive Director, City Planning, dated May 14, 2019, titled "Proposed Bill 108 (More Homes, More Choice Act, 2019) and the Housing Supply Action Plan — Preliminary City Comments", provided as Appendix I to Report PLN 14-19; 2. That Council endorse the following recommendations of the City of Toronto Report CC7.3 as they apply to the City of Pickering: #2, #3 and #4 requesting the Province consult further with municipalities; #8 though #21 requesting the 144 172 For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 Extension 2928 Iroberts©pickering.ca cdy 4 DICKERING Council Meeting Agenda Monday, May 27, 2019 Council Chambers 7:00 pm Province amend Bill 108 for the Planning Act; #22 through #29 requesting the Province amend Bill 108 for the Development Charges Act; and #30 through #36 requesting the Province amend Bill 108 for the Ontario Heritage Act, and 3. That a copy of Report PLN 14-19 and Council's resolution on the Report be forwarded to: the Minister of Municipal Affairs and Housing; the Environmental Registry of Ontario; the Honourable Peter Bethlenfalvy, MPP Pickering — Ajax; and the Region of Durham. 10. Motions and Notice of Motions 10.1 Re -Creation of the Beachfront Park Moved by Councillor Bill McLean Seconded by Councillor Maurice Brenner Whereas in 1997, the City of Pickering adopted the Waterfront 2001 Interim Task Force report; Whereas the Task Force report was the foundation leading to the construction of the Beachfront Park to serve as a link to the Great Lakes Waterfront Trail, a Nautical Village and marine destination, a tourist destination, and a place for families to enjoy one of Pickering's jewels - "Lake Ontario and Frenchman's Bay"; Whereas for two decades, the Frenchman's Bay east waterfront has grown in popularity as not only a recreational place, but a place to appreciate Pickering's rich history and the importance of environmental stewardship; Whereas in spite of all efforts to maintain our Beachfront Park, the impact of global warming and climate change has resulted in water levels increasing to record levels, causing severe flooding and damage to properties across the entire Lake Ontario shoreline; Whereas the frequency of storms and winds off the lake has become the norm resulting in many of the amenities that were built on the shoreline of Lake Ontario, including the Beachfront Park to be damaged to the point that many can no longer be restored; For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 Extension 2928 Iroberts©pickering.ca cdy 4 DICKERING Council Meeting Agenda Monday, May 27, 2019 Council Chambers 7:00 pm And whereas the Council for the Corporation of the City of Pickering and its residents deem the re-creation of a new Beachfront Park as a priority; Now therefore be it resolved that staff be directed through the direction of the CAO to: 1. Report back to Council prior to the December 16, 2019 Council meeting on a work plan that will include: a) A process to engage subject experts, residents, and community partners to begin discussions in 2020 on the re- creation of a new park plan; and, b) Possible sources of funding including gas tax revenues, grants associated with the carbon tax and other environmental incentives offered by the Federal and or Provincial Government, a funding formula that could draw from a dedicated casino revenue account, development charges, and other sources that may exist. 2. Incorporate funds in the 2020 current budget to hire required resources to assist in the planning for the Beachfront Park Plan. 11. By-laws 11.1 By-law 7694-19 210 Being a by-law to stop -up and close certain portions of Wingarden Crescent and Shade Master Drive as public highways, release and abandon access/maintenance easements in favour of the City and convey certain lands and interests in land to the abutting owners, subject to required easements. 11.2 By-law 7695-19 125 Being a by-law to authorize the execution of an inter -creditor agreement between the Toronto Dominion Bank, the Town of Ajax, the Municipality of Clarington, the City of Belleville, the Town of Whitby, the City of Pickering and Elexicon Corporation and Elexicon Energy Inc. For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 Extension 2928 Iroberts©pickering.ca /if,. o,( DICKERING Council Meeting Agenda Monday, May 27, 2019 Council Chambers 7:00 pm 11.3 By-law 7696-19 Being a By-law to adopt Amendment 34 to the Official Plan for the City of Pickering (OPA 18-001/P) [Refer to page 95 of the Planning & Development Committee Agenda] 12. Confidential Council — Public Report 13. Other Business 14. Confirmation By-law 15. Adjournment For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 Extension 2928 Iroberts©pickering.ca e4 PICKERING Council Meeting Minutes April 23, 2019 7:00 pm - Council Chambers Present: Mayor Ryan Councillors: K. Ashe M. Brenner S. Butt I. Cumming B. McLean D. Pickles Also Present: T. Prevedel P. Bigioni M. Carpino J. Hagg R. Holborn S. Karwowski C. Rose S. Cassel L. Harker L. Roberts - Chief Administrative Officer - Director, Corporate Services & City Solicitor - Director, Community Services - Fire Chief - Director, Engineering Services - Director, Finance & Treasurer - Chief Planner - City Clerk - Deputy Clerk - Committee Coordinator 1. Invocation Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. 2. Disclosure of Interest No disclosures of interest were noted. 3. Adoption of Minutes Resolution #64/19 Moved by Councillor Butt Seconded by Councillor Brenner In Camera Council Meeting Minutes, March 25, 2019 Council Meeting Minutes, March 25, 2019 1 ct4 PICKERING Council Meeting Minutes April 23, 2019 7:00 pm - Council Chambers Executive Committee Minutes, April 1, 2019 Planning & Development Committee Minutes, April 1, 2019 Carried 4. Presentations 4.1 Alf Spencer, Director of Accessibility Policy, Employment & Outreach, appeared before Council to present the David C. Onley Champion Award for Leadership in Accessibility. He stated the City of Pickering was receiving this award for going beyond the requirements under the Accessibility for Ontarians with Disabilities Act to remove barriers in the workplace and the community. Mr. Spencer further noted that Pickering was being recognized as a leader in supporting accessibility awareness through the Canada 150 Youth Forum: A Confederation Journey event held on May 4, 2017. He stated that through this forum, the City demonstrated exceptional leadership in accessibility with over 700 Pickering youth participating in the event which generated ideas on ways to improve future employment, and a shared vision on how Pickering can become more inclusive and accessible. Mayor Ryan thanked Mr. Spencer for the presentation, recognizing the outstanding contribution by staff which demonstrated leadership in supporting awareness of accessibility issues in Ontario. He also noted this was the third consecutive year that the City of Pickering had been presented this award and acknowledged the importance of continuing to champion accessibility and raise awareness. Mayor Ryan and Members of Council joined Mr. Spencer along with Pickering Staff, Canada 150 Youth Forum Members and Members of the City's Accessibility Advisory Committee onto the dias for photos. 5. Delegations There were no delegations. 6. Correspondence 6.1 Corr. 05-19 Colin Thomson, Commodore, PARA Marine Search & Rescue Pickering Auxiliary Rescue Association Re: Re -Branding Strategy Resolution #65/19 2 2 - ci4 PICKERING Council Meeting Minutes April 23, 2019 7:00 pm - Council Chambers Moved by Councillor McLean Seconded by Councillor Pickles That the letter received from Colin Thomson, Commodore, PARA Marine Search and Rescue Unit dated April 3, 2019 regarding PARA's re- branding strategy be endorsed. Carried 6.2 Corr. 06-19 Marisa Carpino, Director, Community Services Re: Request to Deaccession Artifacts at Pickering Museum Village A brief discussion ensued with staff providing clarification on the deaccession process for the artifacts as well as the process for potential donation of artifacts within the community. Resolution #66/19 Moved by Councillor Cumming Seconded by Councillor Butt That the request received from Marisa Carpino, Director, Community Services, to approve the deaccession of artifacts as proposed by City Staff and approved by the former Pickering Museum Village Advisory Committee (PMVAC) on July 24, 2018 be approved. Carried 7. Committee Reports 7.1 Report EC 2019-04 of the Executive Committee 1. Director, Community Services, Report CS 01-19 Consulting Services for the Remediation and Demolition of the Tillings Road Operations Centre -Request for Proposal No. RFP -13-2019 Council Decision 1. That Proposal No. RFP -13-2019 submitted by Cambium Inc. in the amount of $144,754.30 (HST included) be accepted; 3 3 e4 PICKERING Council Meeting Minutes April 23, 2019 7:00 pm - Council Chambers 2. That the total gross project cost of $189,954.00 (HST included), including the amount of the proposal and other associated costs, and the total net project cost of $171,059.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the net project cost of $171,059.00 by a transfer from the future sale of land; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 2. Director, Engineering Services, Report ENG 02-19 Asphalt Resurfacing on Various City Streets -Tender No. T-4-2019 Council Decision 1. That Tender No. T-4-2019 for Asphalt Resurfacing on Various City Streets as submitted by Four Seasons Site Development Ltd. in the total tendered amount of $1,920,646.88 (HST included) be accepted; 2. That the total gross project cost of $2,191,813.00 (HST included), including the tendered amount, a contingency and other associated costs, and the total net project cost of $1,973,796.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $1,973,796.00 as follows: a) The sum $1,597,936.00 as approved in the 2019 Capital Budget to be funded by a transfer from the Federal Gas Tax Reserve Fund; b) The sum of $175,686.00 be financed by the debenture financing approved for the Westney Road — Road Reconstruction Project in Report ENG 15-18; c) The sum of $100,087.00 as approved in the 2019 Capital Budget — Development Projects to be funded by a transfer from the Development Charges — City Share Reserve; 4 4 c4 PICKERING Council Meeting Minutes April 23, 2019 7:00 pm - Council Chambers d) The sum of $100,087.00 as approved in the 2019 Capital Budget — Development Projects to be funded by a transfer from the Development Charges — Roads & Related Reserve Fund; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 3. Director, Finance & Treasurer, Report FIN 04-19 Commodity Price Hedging Agreement Report Council Decision It is recommended that Report FIN 04-19 from the Director, Finance & Treasurer regarding commodity price hedging agreements be received for information. Resolution #67/19 Moved by Councillor Pickles Seconded by Councillor McLean That Report EC 2019-04 of the Executive Committee meeting held on April 1, 2019 be adopted. Carried 7.2 Report PD 2019-03 of the Planning & Development Committee 2. Director, City Development & CBO, Report PLN 07-19 Toronto and Region Conservation Authority's Guideline for Determining Ecosystem Compensation, June 2018 Council Decision 1. That Council support the use of the Toronto and Region Conservation Authority's Guideline for Determining Ecosystem Compensation, dated June 2018, as a technical guideline to determine compensation for ecosystem loss due to development impacts, where all options for protection have been exhausted, when required through conditions of draft plans of subdivision, zoning, land divisions, and site plans, with the exception of tree removal that falls under the purview of the City's Tree Removal Compensation Fee; 5 5 ct4 PICKERING Council Meeting Minutes April 23, 2019 7:00 pm - Council Chambers 2. That the City collect compensation for ecosystem loss due to development impacts, where all options for protection have been exhausted, when required through conditions of draft plans of subdivision, zoning, land divisions, and site plans, under the circumstances set out in Table 1 in Report PLN 07-19; 3. That staff be authorized to develop a memorandum of understanding in consultation with Toronto and Region Conservation Authority regarding the administration and collection of the fees and technical guidance regarding the interpretation and calculation of compensation in terms of the Guideline; and 4. That staff be authorized to initiate an amendment to the Pickering Official Plan to introduce policies that address ecosystem loss and compensation due to development impacts, where all options for protection have been exhausted, on a city-wide basis. Resolution #68/19 Moved by Councillor Pickles Seconded by Councillor McLean That Report PD 2019-03 of the Planning & Development Committee meeting held on April 1, 2019 be adopted, save and except Item No. 1, PLN 06-19. Carried 1 Director, City Development & CBO, Report PLN 06-19 Infill and Replacement Housing in Established Neighbourhoods Study Existing Conditions and Preliminary Observations Report Phase 1 Report A discussion period ensued with Staff providing clarification as to whether the Nautical Village was being included within the visioning exercise in Phase 2 of the Study. Questions were posed to Staff pertaining to the memorandums provided to Council prior to the meeting regarding the Study and the development application for 505 Liverpool Road. Resolution #69/19 Moved by Councillor Pickles Seconded by Councillor McLean 6 6 e4 PICKERING Council Meeting Minutes April 23, 2019 7:00 pm - Council Chambers 1 That the Infill and Replacement Housing in Established Neighbourhoods, Existing Conditions and Preliminary Observations Report — Phase 1 Report, be received; and 2. That Council authorize City Development staff to proceed with Phase 2 of the Infill and Replacement Housing in Established Neighbourhoods Study and to incorporate into the Study the inclusion of a vision for the Nautical Village which is situated in the Bay Ridges Community, consistent with Section 4.2 of the Key Elements of the Neighbourhood Character. Carried 8. Reports - New and Unfinished Business 8.1 Director, Community Services, Report CS 07-19 Tender for Pickering Recreation Complex Roof & Skylight Rehabilitation Program -Tender No. T-10-2019 Resolution #70/19 Moved by Councillor Brenner Seconded by Councillor Cumming 1. That Tender No. T-10-2019 submitted by Eileen Roofing Inc. in the amount of $658,790.00 (HST included) be accepted; 2. That the total gross project cost of $766,705.00 (HST included), including the amount of the tender, and other associated costs, and the total net project cost of $690,442.00 (net of HST rebate), be approved; 3. That the Director, Finance & Treasurer be authorized to finance the total net project cost of $690,442.00 as follows: a) the sum of $690,000.00, as provided for in the 2018 and 2019 Pickering Recreation Complex (Arena) Capital Budgets to be financed by the issuance of debentures by The Regional Municipality of Durham over a period not to exceed 20 years; b) the balance amount of $442.00 to be funded from property taxes; 7 7 e4 PICKERING Council Meeting Minutes April 23, 2019 7:00 pm - Council Chambers c) the annual repayment charges in the amount of approximately $50,775.00 be included in the Current Budget for the City of Pickering commencing 2019, 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. Carried 8.2 Director, Community Services, Report CS 18-19 Tender for Rink 1 & 2 Refrigeration Plan Rebuild at Don Beer Arena and O'Brien Arena Header Replacement -Tender No. T-8-2019 Resolution #71/19 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Tender No. T-8-2019 submitted by Cimco Refrigeration, a division of Toromont Industries Ltd., in the amount of $633,549.19 (HST included) be accepted; 2. That the total gross project cost of $780,449.00 (HST included), including the amount of the tender, contingency, and other associated costs, and the total net project cost of $702,818.00 (net of HST rebate), be approved; 3. That the Director, Finance & Treasurer be authorized to finance the net project cost of $702,818.00 as follows: a) the sum of $522,818.00, as provided for in the 2019 Don Beer Arena Capital Budget by a transfer from the Federal Gas Tax Reserve Fund; 8 8 e4 PICKERING Council Meeting Minutes April 23, 2019 7:00 pm - Council Chambers b) the sum of $180,000.00, as provided for in the 2019 Pickering Recreation Complex — Arena Capital Budget be revised from a 10 -year debt issue to a transfer from the Federal Gas Tax Reserve Fund; c) 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; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 8.3 Director, Community Services, Report CS 20-19 Canada Cultural Spaces Fund - Pickering Heritage & Community Centre Resolution #72/19 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Council endorse the City of Pickering's application to the Canada Cultural Spaces Fund for the Pickering Heritage & Community Centre project by way of a Council resolution; 2. That a copy of this report be forwarded to Jennifer O'Connell, MP, Pickering -Uxbridge; and, 3. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. Carried 8.4 Director, Engineering Services, Report ENG 03-19 Brock Road Sidewalk Reconstruction, Joseph Street to Lane Street - Tender No. T-21-2019 A brief discussion ensued with Members questioning the timelines for completion of the sidewalk reconstruction as whether area residens would be notified of the construction. Resolution #73/19 9 - 9 64 PICKERING Council Meeting Minutes April 23, 2019 7:00 pm - Council Chambers Moved by Councillor Pickles Seconded by Councillor Butt 1. That Tender No. T-21-2019 for Brock Road Sidewalk Reconstruction from Joseph Street to Lane Street as submitted by Emmacon Corp. in the total tendered amount of $114,463.35 (HST included) be accepted; 2. That the total gross project cost of $131,560.00 (HST included), including the tendered amount, a contingency, other associated costs, and the total net project cost of $118,474.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost in the amount of $118,474.00 as follows: a) The sum of $110,000.00 as approved in the 2018 Sidewalks Capital Budget be increased by $8,474.00 to be funded by a transfer from the Federal Gas Tax Reserve Fund; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 8.5 Director, Engineering Services, Report ENG 05-19 Tender for Asphalt and Concrete Repairs -Tender No. T-20-2019 Resolution #74/19 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Tender No. T-20-2019 for Asphalt and Concrete Repairs submitted by Pine Valley Corporation in the amount of $279,519.98 (HST included) be accepted; 2. That the total gross project cost of $404,028.00 (HST included), including the tender amount and other associated costs, and the total net project cost of $363,840.00 (net of HST rebate) be approved; 10 - 10 - ct4 PICKERING Council Meeting Minutes April 23, 2019 7:00 pm - Council Chambers 3. That the Director, Finance & Treasurer be authorized to finance the net project cost of $363,840.00 as follows: a) The sum of $273,225.00 as approved in the 2019 Current Budget — Sidewalk Rehabilitation Program to be funded by a transfer from the Federal Gas Tax Reserve Fund; b) The sum of $6,517.00 as approved in the 2019 Current Budget — Water Resources & Development Services — Roads Maintenance to be funded from Third Party (Developer) Revenue; c) The sum of $55,000.00 as approved in the 2019 Current Budget — Roads — Asphalt and Concrete Repairs program to be funded by a transfer from the Rate Stabilization Reserve; d) The sum of $29,098.00 as approved in the 2019 Current Budget — Roads — Asphalt and Concrete Repairs Program to be funded by Property Taxes; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 8.6 Director, Finance & Treasurer, Report FIN 05-19 2019 Tax Rates and Final tax Due Dates Resolution #75/19 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Report FIN 05-19 of the Director, Finance & Treasurer regarding the 2019 tax rates be received; 2. That the 2019 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 26, 2019 and September 26, 2019 excluding the industrial, multi -residential and commercial realty tax classes; 11 e4 PICKERING Council Meeting Minutes April 23, 2019 7:00 pm - Council Chambers 4. That for the year 2019, 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. Carried 9. Motions and Notice of Motions 9.1 Pickering Strategic Plan A brief discussion ensued with it being noted that the Strategic Plan should be reviewed every four years to coincide with the term of Council. Resolution #76/19 Moved by Councillor Brenner Seconded by Councillor McLean Whereas the City of Pickering adopted a strategic plan, a vision and a mission over a decade ago; Whereas the City of Pickering has weathered an economic recession, downturn in the economy, and a lack of growth caused by a lack of developable lands; Whereas according to statistics and projections in 2017, the GTA experienced the fastest growth in Ontario and by 2026, the GTA will make up 50 percent of Ontario's population driven by Durham Region with the highest growth in the GTA; 12 - 12 - e4 PICKERING Council Meeting Minutes April 23, 2019 7:00 pm - Council Chambers Whereas by 2031, the City of Pickering with the highest growth in Durham Region including the Durham Live tourist area, City Centre re -development, intensification of the downtown core, Pickering Innovation Employment Corridor, and a Transportation Hub/ Aerotropolis will position Pickering as the economic engine of Ontario; Whereas organizations that are committed to innovation and exceptional service recognize the importance of revisiting their strategic framework to ensure they are making progress on key priorities, while ensuring that their focus remain committed to achieving their vision as set out in their Strategic Plan; Whereas organizations on the leading edge of innovation recognize that strategic plans are roadmaps for the future, and are living documents that necessitate regular validation and assessment; Whereas the Provincial Government and the public have expectations that municipalities shall assess and evaluate how to expend resources in a cost efficient manner consistent with its mission's current and future priorities; Whereas Durham Region has commenced a review of its Strategic Plan which encompasses its relationship with the lower -tier municipalities of the Region; Whereas Durham Region has established a Strategic Plan Development Task Force consisting of appointed members of Regional Council; And Whereas Pickering Regional Councillor David Pickles is a member of the Durham Region Strategic Plan Development Task Force; Now Therefore be it resolved that: 1. Council direct City staff through the CAO, to prepare a work plan to enable a review of the Vision and Mission for the City of Pickering, priorities and mechanisms to validate priorities that have been met, and report back with a work plan no later than the June 24, 2019 Council meeting; and, 2. That Ward 3 Regional Councillor David Pickles be appointed as the liaison between the City of Pickering and Durham Region regarding the Durham Region Strategic Planning Process, and liaise with Karen Wianecki, Director of Practice Planning Solutions Inc. who has been retained by Durham Region. Carried Unanimously on a Recorded Vote 13 - 13 - e4 PICKERING Council Meeting Minutes April 23, 2019 7:00 pm - Council Chambers 9.2 Assessing and Enhancing Corporate Waste Diversion Practices Resolution #77/19 Moved by Councillor Butt Seconded by Councillor Pickles Whereas the Province of Ontario's `Made -in -Ontario Environment Plan' outlines a commitment to protect and conserve our air, land and water by reducing and diverting waste, reducing plastic waste, reducing litter, and improving opportunities for waste reduction; Whereas many residents and businesses are recognizing the importance of stewardship and taking action to address the challenges associated with waste; Whereas the City of Pickering is on a continuous journey to become a more sustainable City and strives to lead by example; Whereas the City recognizes the economic, social and environmental importance of responsible resource consumption, and coordinates a number of waste diversion initiatives; And Whereas eliminating all waste in the short-term is unlikely, however, the City can strategize mechanisms corporately, to produce less, re -use and recycle more, improve staff and patron awareness, and establish targets to measure success; Now Therefore be it resolved that City staff be directed to initiate the necessary steps to: 1. Identify the necessary steps required for the City to reduce waste, , increase diversion, and reduce contamination rates in recyclables; 2. Assess the City's corporate waste disposal and diversion practices; 3. Research best practices of other municipalities; and, 4. Report findings back to Council in Fall 2019. Carried 14 - 14 - e4 PICKERING Council Meeting Minutes April 23, 2019 7:00 pm - Council Chambers 10. By-laws 7690/19 Being a by-law to adopt the estimates of all sums required to be raised by taxation for the year 2019 and to establish the Tax Rates necessary to raise such sums and to establish the final due dates for the residential, pipeline, farm and managed forest realty tax classes. 7691/19 Being a by-law to authorize the Pickering Recreation Complex Roof & Skylight Rehabilitation Program in the City of Pickering and the issuance of debentures in the amount of $690,000.00. Resolution #78/19 Moved by Councillor Brenner Seconded by Councillor Pickles That By-law Nos. 7690/19 and 7691/19 be approved. Carried 11. Other Business 11.1 Councillor McLean gave notice that he would be bringing forward a Notice of Motion at the May 27th Council meeting with respect to 505 Liverpool Road. 11.2 Councillor Pickles raised the matter of a letter from the Toronto and Area Road Builders Association regarding recycling of concrete and asphalt material which could assist the City of Pickering with road maintenance and inquired if the CAO would be responding to the letter. 11.3 Councillor Brenner provided information pertaining to accessible mats being used in other municipalities within the Province to make their waterfronts more accessible. He questioned whether the City of Pickering could incorporate this as a pilot project along the east side of the Bay along the boardwalk, utilizing funds from the accessible docking project which were carried forward from the 2018 budget. 11.4 Councillor Cumming requested that staff look into enforcing the misuse of accessible parking spaces in the City of Pickering. 11.5 Councillor McLean requested that staff look into the possilbilty of both By- law and Operations Staff taking part in the removal of various illegal road signage on City streets. 15 - 15 - 64 4 PICKERING Council Meeting Minutes April 23, 2019 7:00 pm - Council Chambers 12. Confirmation By-law By-law Number #7692/19 Councillor Ashe, seconded by Councillor McLean moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of April 23, 2019. Carried 13. Adjournment Moved by Councillor McLean Seconded by Councillor Butt That the meeting be adjourned. The meeting adjourned at 7:51 pm. Dated this 23rd day of April, 2019. 16 David Ryan, Mayor Susan Cassel City Clerk - 16 - Carried 04 DICKERING Executive Committee Meeting Minutes Monday, May 6, 2019 2:00 pm Council Chambers Chair: Councillor Butt Present: Mayor Ryan Councillors: K. Ashe M. Brenner S. Butt I. Cumming B. McLean Absent: D. Pickles Also Present: T. Prevedel K. Bentley P. Bigioni M. Carpino R. Holborn S. Karwowski S. Cassel C. Rose J. Yoshida N. Surti D. Wylie L. Harker - Chief Administrative Officer - Director, City Development & CBO - Director, Corporate Services & City Solicitor - Director, Community Services - Director, Engineering Services - Director, Finance & Treasurer - City Clerk - Chief Planner - Deputy Fire Chief - Manager, Development Review & Urban Design - Principal Planner, Development Review - Deputy Clerk 1. Disclosure of Interest No disclosures of interest were noted. 2. Delegations There were no delegations. 3. Matters for Consideration 3.1 Director, City Development & CBO, Report PLN 12-19 1 - 17 - ci-44 DICKERING Executive Committee Meeting Minutes Monday, May 6, 2019 2:00 pm Council Chambers Chair: Councillor Butt Bonus Zoning Policy, City of Pickering A question and answer period ensued regarding Bill 108 and how this Bill would impact the proposed draft Policy and whether the City was being fairly compensated with the proposed figures. Further questions were raised regarding the definition of "Community Benefit" contained within the draft Policy, and whether the definition was broad enough and the Policy language flexible enough, to provide that the benefit could be used for City-wide initiatives as opposed to within the specific Ward where the development was to take place. Staff were requested to provide a memo of clarification on these matters prior to the Council Meeting scheduled for May 27, 2019. Recommendation Moved by Councillor McLean Seconded by Mayor Ryan That the Bonus Zoning Policy, dated May 6, 2019, be approved as set out in Appendix I to Report PLN 12-19. Carried 3.2 Director, Finance & Treasurer, Report FIN 07-19 Development Charges Reserve Fund — Statement of the Treasurer for the Year Ended December 31, 2018 Discussion ensued regarding the City's current Investment Policy, as well as the associated rates and fees and whether there were any plans to go through a competitive RFP process to investigate other investment options. Staff were requested to consider providing Council with a tutorial on investments noting that this could be provided by either City Staff or an industry expert. Recommendation Moved by Councillor McLean Seconded by Councillor Brenner That Report FIN 07-19 of the Director, Finance & Treasurer respecting the Development Charges Reserve Fund be received for information. 044 DICKERING Executive Committee Meeting Minutes Monday, May 6, 2019 2:00 pm Council Chambers Chair: Councillor Butt Carried 4. Other Business 4.1 Councillor McLean provided notice that he would be bringing forward a Notice of Motion on Frenchman's Bay East Boardwalk. 4.2 Councillor McLean requested that Staff follow up with the Ford/Chrysler dealership on Kingston Road due to the cars parked on the grass and the associated issues with damage to the grass and limitations on parking for businesses in the area. 4.3 Councillor McLean requested that Staff review and update the Property Standards By-law and Sign By-law to address ongoing issues, including numerous issues with real estate signs. Staff were requested to provide a work plan on the Property Standards By-law review and to look at opportunities for increased enforcement of these By-laws. 4.4 Councillor Brenner inquired about the removal of the pipe protruding from Frenchman's Bay East Park's beach. Staff advised that Ontario Power Generation was taking care of the removal and that it would be completed prior to the May long weekend. 4.5 Councillor Brenner requested that Staff revisit the Roads Needs Assessment list, and the timing of the scheduled repairs as there are numerous roads in need of repair around the City noting that climate change would continue to exacerbate these issues. 4.6 Councillor Brenner raised the matter of a request by a resident to have a designated accessible on -street parking space and requested Staff conduct a site visit to determine the feasibility of the request. 4.7 Councillor Butt requested that Staff reach out to those responsible for the charity donation boxes located throughout the City of Pickering in order to monitor the contents on a regular basis, and perhaps consider designating a specific area in Pickering. 5. Adjournment Moved by Councillor McLean Seconded by Councillor Cumming /01 DICKERING Executive Committee Meeting Minutes Monday, May 6, 2019 2:00 pm Council Chambers Chair: Councillor Butt That the meeting be adjourned. Carried The meeting adjourned at 2:58 pm. et44 DICKERING Special Council Meeting Minutes May 6, 2019 6:30 pm Council Chambers Present: Mayor Ryan Councillors: K. Ashe M. Brenner S. Butt I. Cumming B. McLean Absent: D. Pickles Also Present: T. Prevedel K. Bentley P. Bigioni C. Rose S. Cassel L. Harker - Chief Administrative Officer - Director, City Development & CBO - Director, Corporate Services & City Solicitor - Chief Planner - City Clerk - Deputy Clerk 1. Disclosure of Interest There were no disclosures of interest noted. 2. In Camera Matters Resolution #79/19 Moved by Councillor Cumming Seconded by Councillor Brenner That Council move into closed session in accordance with the provisions of Section 239 of the Municipal Act and Procedural By-law 7665/18, in that the matters to be discussed relate: c) a proposed or pending acquisition or disposition of land by the municipality or local board; and c46.1 DICKERING Special Council Meeting Minutes May 6, 2019 6:30 pm Council Chambers f) advice that is subject to solicitor -client privilege, including communications necessary for that purpose. Carried 2.1 Director, Corporate Services & City Solicitor, Confidential Report LEG 03-19 Rosebank Jog Elimination - 1498 Rosebank Road, Pickering - Part of Lot 2, RCP 816, Pickering (Part 1, Plan 40R-30270) A discussion period ensued. Refer to the confidential In Camera minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Resolution #80/19 Moved by Councillor Ashe Seconded by Councillor Butt That Council rise into open session. Carried During the closed portion of the meeting, Council discussed matters related to a proposed acquisition of land and received advice subject to solicitor -client privilege. Resolution #81/19 Moved by Councillor Ashe Seconded by Councillor McLean 1. That Council approve the acquisition of that portion of 1498 Rosebank Road described as part of Lot 2, RCP 816, Pickering, being Part 1, Plan 40R-30470, from Marvel Homes Incorporated for the purchase price of $125,000.00; 2. That the Director, Corporate Services & City Solicitor be authorized to execute a Transfer of the said real property, as well as any other documents, instruments and agreements as may be necessary to give effect to the Transfer; and et44 DICKERING Special Council Meeting Minutes May 6, 2019 6:30 pm Council Chambers 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried 3. Confirmatory By-law By-law Number 7693/19 Councillor Cumming seconded by Councillor Butt moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of the Council of The Corporation of the City of Pickering at its Special Meeting of Council of May 6, 2019. 4. Adjournment Moved by Councillor Ashe Seconded by Councillor Butt The meeting adjourned at 6:45 pm. Dated this 6th day of May, 2019 David Ryan, Mayor Susan Cassel City Clerk Carried Carried 044 DICKERING Planning & Development Committee Meeting Minutes Monday, May 6, 2019 7:00 pm - Council Chambers Chair: Councillor Cumming Present: Mayor Ryan Councillors: K. Ashe M. Brenner S. Butt I. Cumming B. McLean Absent: D. Pickles Also Present: T. Prevedel K. Bentley P. Bigioni C. Rose S. Cassel J. Brooks N. Surti D. Jacobs E. Martelluzzi C. Morrison L. Harker - Chief Administrative Officer - Director, City Development and CBO - Director, Corporate Services & City Solicitor - Chief Planner - City Clerk - Manager, Policy & Geomatics - Manager, Development Review & Urban Design - Principal Planner, Policy - Planner II, Heritage - Planner II - Deputy Clerk 1. Disclosure of Interest There were no disclosures of interest noted. 2. Delegations Delegates who registered to speak are noted under each respective agenda item. 3. Part "A" Information Reports Councillor Cumming, Chair, gave an outline of the requirements for a Statutory Meeting under the Planning Act. He outlined the notification process procedures and also noted 1 -24- 044 DICKERING Planning & Development Committee Meeting Minutes Monday, May 6, 2019 7:00 pm - Council Chambers Chair: Councillor Cumming 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 Local Planning Appeal Tribunal (LPAT), and may not be entitled to be added as a party to the hearing unless, in the opinion of LPAT, there are reasonable grounds to do so. Cathy 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. 3.1 Information Report No. 08-19 Zoning By-law Amendment Application A 01/19 Draft Plan of Subdivision Application SP -2019-01 Draft Plan of Condominium Application CP -2019-01 Marshall Homes (Finch) Ltd. Part of Lots 31 and 32, Concession 2 South, Now Parts 2 to 4 and 6, 40R-29566 and Part 2, 40R-29965 (On Finch Avenue, west of Rosebank 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. Cody Morrison, Planner II, appeared before the Committee to provide an overview of the application submitted by Marshall Homes (Finch) Ltd. Through the aid of a Power Point presentation, he outlined the location plan and the applicant's proposal. He also detailed the public and staff comments received on the application. TJ Cieciura, Design Plan Services Inc., appeared before the Committee on behalf of the applicant and indicated they were in support of the application. No members of the public appeared in support of or in opposition to this application. 4. Planning & Development Reports 4.1 Director, City Development & CBO, Report PLN 08-19 Kingston Road Corridor and Specialty Retailing Node Intensification Study - Status Update and Recommended Vision and Intensification Scenario (Phase 2 of the South Pickering Intensification Study) 2 -25- ci-44 DICKERING Planning & Development Committee Meeting Minutes Monday, May 6, 2019 7:00 pm - Council Chambers Chair: Councillor Cumming Alex Heath, SvN Architects + Planners Inc., appeared before the Committee and through the aid of a Power Point presentation, provided an overview of the three phases of the study, indicating that the City is currently between phase two and three. Mr. Heath outlined the overall vision for the Corridor and Node, and scenarios for each precinct. He also indicated that the project will support the achievement of the Region's Growth Plan. A question and answer period ensued with Members of Council questioning proposed connectivity, and the feasibility of the vision. It was also questioned as to whether or not the flood lands indicated on the map are due to be re- evaluated. Mark Pavkovic, Sorbara Group of Companies, appeared before the Committee in support of the Study noting that Sorbara Group is the owner of a large portion of privately owned lands along the section of Kingston Road included in the Study. Mr. Pavkovic expressed his support for the project, and acknowledged the correspondence received from City Staff regarding amendments to building heights. He commented that there was an expectation that other guiding principles would be included in the Study to help form the next steps in the process and that he was looking forward to continuing to work with the City on this initiative. Geoff Nelles, SmartCentres, appeared before the Committee and indicated their support for the general idea of the Study. Mr. Nelles noted that SmartCentres would be providing written comments to the City and that this project is an incredible opportunity for Pickering. He requested Council's support of the Retail Centre and stated that there was the need for flexibility within the Study. He requested that building heights, densities, locations of parks, etc., should not be rigidly implemented noting they would be subject to change in Phase 3 and that the Study is only conceptual at this point. A question and answer period ensued regarding the plans and timelines for SmartCentres renovations. Prior to disposition of the item, Members of Council referred to a Memorandum dated May 6, 2019 from the Director, City Development & CBO, provided to Members prior to the meeting, regarding an amendment to the staff recommendation. 3 -26- 044 DICKERING Planning & Development Committee Meeting Minutes Monday, May 6, 2019 7:00 pm - Council Chambers Chair: Councillor Cumming Recommendation Moved by Mayor Ryan Seconded by Councillor Brenner 1. That Council endorse the Recommended Vision for the Kingston Road Corridor and Specialty Retailing Node, contained in Appendix I; 2. That Council endorse the Recommended Intensification Scenario for the Kingston Road Corridor and Specialty Retailing Node, contained in Appendix II, subject to the following: a) that the Recommended Intensification Scenario be revised by replacing the words "Maximum Height (Storeys)" under the sub- heading "Land Use/Built Form" in the legend of the Scenario Maps, depicted on pages 29, 31, 33, and 35, with the words "Notional Height (Storeys)", and b) that the text within the Recommended Intensification Scenario contained in Appendix II to Report PLN 08-19 with the Recommended Intensification Scenario Report, dated March 2019, be revised accordingly to delete the references to "maximum" building heights;" 3. That staff be authorized to initiate Phase 3 of the Kingston Road Corridor and Specialty Retailing Node Study; and 4. That a copy of Report PLN 08-19 be forwarded to the Region of Durham, the Toronto and Region Conservation Authority, the Ministry of Transportation, and Parks Canada. Carried Unanimously on a Recorded Vote 4.2 Director, City Development & CBO, Report PLN 09-19 Update to the Municipal Heritage Register Recommendation Moved by Councillor Ashe Seconded by Councillor Butt 4 -27- 644 DICKERING Planning & Development Committee Meeting Minutes Monday, May 6, 2019 7:00 pm - Council Chambers Chair: Councillor Cumming 1. That the City of Pickering Municipal Heritage Register, dated May 2019, as set out in Appendix I to report PLN 09-19, be approved; and 2. That the City Development Department be directed to update the City of Pickering Municipal Heritage Register every two years. Carried 4.3 Director, City Development & CBO, Report PLN 10-19 Heritage Permit Application HP 02/19 Request for removal of cattle barn at 1860 Seventh Concession Road Recommendation Moved by Councillor Butt Seconded by Councillor Brenner That the Heritage Permit Application HP 02/19 to remove a cattle barn located at 1870 Seventh Concession be approved. Carried 4.4 Director, City Development & CBO, Report PLN 11-19 Official Plan Amendment OPA 18-001/P Zoning By-law Amendment Application A 02/18 Draft Plan of Subdivision Application SP -2018-02 Draft Plan of Condominium Application CP -2018-01 Icon Forest District Limited Northwest corner of Finch Avenue and Altona Road (2024 and 2026 Altona Road, and 200 Finch Avenue) Recommendation Moved by Councillor Butt Seconded by Mayor Ryan 1. That Official Plan Amendment Application OPA 18-001/P, submitted by Icon Forest District Limited, to re -designate the lands located on the northwest corner of Finch Avenue and Altona Road from "Urban Residential Areas — Low Density Areas" to "Urban Residential Areas — 5 -28- c144 DICKERING Planning & Development Committee Meeting Minutes Monday, May 6, 2019 7:00 pm - Council Chambers Chair: Councillor Cumming Medium Density Areas" to allow a residential common element condominium development be approved, and that the draft by-law to adopt Amendment 34 to the Pickering Official Plan as set out in Appendix I to Report PLN 11-19 be forwarded to Council for enactment; 2. That Zoning By-law Amendment Application A 02/18, submitted by Icon Forest District Limited, to facilitate a residential common element condominium development consisting of 40 semi-detached and 68 townhouse units on the lands located at the northwest corner of Finch Avenue and Altona Road, be endorsed subject to the provisions contained in Appendix II to Report PLN 11-19, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment; 3. That Draft Plan of Subdivision Application SP -2018-02, submitted by Icon Forest District Limited, to establish a single development block to facilitate a common element condominium, as shown on Attachment #4 to Report PLN 11-19, and the implementing conditions of approval, as set out in Appendix III, be endorsed; 4. That Informational Revision 23 to the Pickering Official Plan Rouge Park Neighbourhood Map 24 to delete the symbols for a "Proposed Separate Elementary School" and "Proposed Park", as set out in Appendix IV, be approved; and 5. That the changes to the Rouge Park Neighbourhood Development Guideline Figure A — Tertiary Plan, as shown on Appendix V to Report PLN 11-19, to delete the "Future Elementary School", "Neighbourhood Park", "Potential Access Location" and "Potential Heritage Home", be approved. Carried 4.5 Director, City Development & CBO, Report PLN 13-19 The Municipal Comprehensive Review of the Durham Regional Official Plan: Agricultural and Rural System Discussion Paper, March 2019 Recommendation Moved by Mayor Ryan Seconded by Councillor Butt 6 -29- ct4 DICKERING Planning & Development Committee Meeting Minutes Monday, May 6, 2019 7:00 pm - Council Chambers Chair: Councillor Cumming 1. That the Region maintain the current goals and directions for the Agricultural/Rural System, and expand the goals and directions for the Agricultural/Rural System in Durham to: • support the diversification of agricultural uses and value-added agriculture; • support edge planning that will protect farm operations and improve land use compatibility between agricultural and urban land uses; • plan for climate change impacts; • acknowledge the important relationship between the Prime Agricultural Areas and the Agri -Food Network, and, • support the provision of reliable fiber optic services to the rural area; 2. That the Region retain its current approach to referencing the MDS, as amended from time to time, and allow area municipalities the flexibility to implement and interpret the MDS formulae at the local level; 3. That the Region require local official plans to incorporate buffer areas along the urban/agricultural interface as a mechanisms to address land use conflicts arising between urban and real land uses; 4. That the Region provide high level policy support for, and recognition of, urban agriculture as part of the Region's Agricultural System, while also encouraging area municipalities to support urban agriculture though policies and zoning; 5. That the Region update any technical matters that may have occurred within the Duffins/Rouge Agricultural Preserve and Seaton Specific Policy Area lands since their designation in the Regional Plan; 6. That the Region broaden its policies to recognize "new" types of agriculture -related and "on-farm" diversified; enable area municipalities to consider these types of uses through zoning by-law amendments and/or site plan approval, and to detail criteria for these uses in local official plans; and further that the Region include in its new Official Plan "caps" for certain scales of agricultural -related and on-farm diversified use 7 -30- 644 DICKERING Planning & Development Committee Meeting Minutes Monday, May 6, 2019 7:00 pm - Council Chambers Chair: Councillor Cumming operations that would trigger a more comprehensive planning review process; 7. That the Region acknowledge and address the concerns identified by staff related to the Provincial Agricultural System Mapping — Prime Agricultural Area designation as it affects the City of Pickering, as discussed in section 2.6.3 of this Report (PLN 13-19); 8. That the Region revise its lot creation policy permitting severance of a farm dwelling rendered surplus by farm consolidations, to only those circumstances when a farmer acquires an immediately abutting farm in Prime Agricultural Areas within the Agricultural System; 9. That the Region maintain the "Major Open Space" designation on non- prime agricultural lands in the new Regional Official Plan rather the change to the Province's preference for Durham to use a "Rural Lands" designation; 10. That the Region introduce policies to restrict large solar farms from locating on prime agricultural lands; 11. That the Region recognize the Rouge National Urban Park and its management objectives in the new Regional Official Plan; 12. That the Region update its aggregate resources policies in accordance with the Provincial Policy Statement 2014 and the Growth Plan 2017; and further the Region remove the designations of High Potential Aggregate Resource Areas on lands within the limits of Settlement Areas (e.g., Barclay Estates); 13. That the Region enable area municipalities to allow accessory uses on golf courses, subject to criteria controlling the scale of the accessory use; and, 14. That the Region acknowledge the exception for a cemetery use on lands located northeast of the Hamlet of Greenwood, between Highway 407 and Highway 7, reflected as "E3" on Schedule I of the Land Use Structure in the Pickering Official Plan, by including a policy exception in the Regional Official Plan. Carried 8 - 31 - c44 DICKERING Planning & Development Committee Meeting Minutes Monday, May 6, 2019 7:00 pm - Council Chambers Chair: Councillor Cumming 5. Other Business There was no other business. 6. Adjournment Moved by Councillor Butt Seconded by Councillor McLean That the meeting be adjourned. Carried The meeting adjourned at 8:11 pm. ciy DICKERING Memo To: Susan Cassel City Clerk From: Marisa Carpino Director, Community Services Copy: Chief Administrative Officer Supervisor, Museum Services Conservator Subject: Request to Deaccession Artifacts at Pickering Museum Village - April 2019 Deaccession List File: S-3060-004-14 May 7, 2019 Council is requested to approve the deaccession of artifacts (see attachment), as proposed by City staff and endorsed by the Cultural Advisory Committee on April 30, 2019. The artifacts recommended for deaccession were carefully considered by a working group comprised of the President of the Pickering Township Historical Society, a museum collections volunteer and a local farmer with expertise in agricultural equipment. The collections working group, Cultural Advisory Committee, Conservator and the Supervisor, Museum Services recommend this deaccession. Following approval from Council, Museum staff will follow ethical deaccession, disposal and documentation guidelines in accordance with the Pickering Museum Village Collections Development and Management Policy CUL 010 and the Deaccession of Artifacts Procedure CUL 010-001. MC/et Attachment Deaccession List April 2019 -33- Deaccession List April 2019 O ;tri, � ` Y '� `y 11' _ Iytif '• RIP' 11 TI 1 . �• ' rli '0 t!F i its I ill I Reason co L C o v 2 C 0 c (a U U Q o3 o -0 - co Poor condition. Pieces are disassociated from their parent piece. Poor condition. Pieces are disassociated from their parent piece. Poor condition. Pieces are disassociated from their parent piece. Description v; 4 -' an . a" E -0 = c CU a) a) • ° coo 4- N oo v o v 2 0 -' To cu an c i— -o v 0 c vi co a1 0 ai -53 v to ? t o ° 't E 0 Piece of turnip pulper. Equipment handles. Mechanism for a woodworking machine. Coupler, wheel, misc. Object Name a) co cc a E c 0 Various pieces of machinery Various pieces of machinery Various pieces of machinery Artifact # m cri rn v a a CO -0 if) a) cn i_ v a a tri -0 v cn cn Skid 8 Upper Site c-1 N m .r -34- 2019 Deaccession List -35- ;IF1 1' ; • 01 1 1 _ ' ,. ii t.'.'y} i fl.141i,1,. Poor condition. No foreseen use in exhibitions or programming. Poor condition. Pieces are disassociated from their parent piece. Poor condition. Pieces are disassociated from their parent piece. Better example with clear provenance currently in collection. Poor condition. No Known provenance. Better examples in collection. Poor condition. Pieces are disassociated from their parent piece. f6 C a) O a) L •robcla0 C co coo Lo O d co O ++ 4-,Q) 3 .U- E 4— v o E v -' 0_ a) seat springs visible on underside). Includes wheels and axel Blades. Maybe part of windmill X973.76.1A-N Corn cutter pieces. Missing trough, and all wood elements. Wheels and Axel Various pieces of machinery Pieces of Windmill Pieces of Feed Grinder Various pieces of machinery L n n D Ql -o a) N (n L a) Q D 0 c -I -0 a) N N Skid 11 Upper Site L a) 0 J m c -I -0 a) N N ' L a) n Q Ln c-1 -0 N a) (n Lf) l0 ` I- 00 Ol -35- 2019 Deaccession List -36- f �e ,� t� r4 'i1' Poor condition. Disassociated from their parent piece. Poor condition. Disassociated from their parent piece. Poor condition. Disassociated Holding tank. Wheels, axel, pipe joint. Galvanized. Pipes. "Bowser Self Measuring Pump. Oil Storage System R2623" Various pieces of machinery Various pieces of machinery Y C (0 I— s_ 0) O 00 c-1 Y +,Y (n cn 0 Z Ol c-1 (/n -6 0 a) 1? D cI N Y N m a) X +' (n m *k 0 0 c-1 r1 c-1 N r1 -36- 2019 Deaccession List -37- ` ' 1 b. mak- Aldii ..0 1'4+ i‘. ►1 , 4' ' . 1.. r 0 0 C.) Co O L c+, O a) U Q o E O Q - U Poor condition. Disassociated from their parent piece. Likely volunteer acquisition. Poor condition. Disassociated from their parent piece. U (6 V) CU L CU H Q Q co N a) C O c1 -0 +0., C 0 U I_ ca U > O 0 },cri a) L ~ N U L U to 0 ZS a) 0 E 'N U N ca _ .v, }, v, C O O U I- ,_ U > 'O +� a) by LJ i C} ca s S (1, U LL to O Q a) O cn 0 0 +, O 3 `^ CO 0 +, .0 0 C i _U = `i' Y +, Q C 0 fa ( U J U ._ U t O N +, +-, v CO c d G -a U a) i a) ate -,•L U 45 0 VI a) UU U Q Lv = C Q t U > E � 0 VI a) U >. a L v = C o t •L U > E 1 , a) O (i m v ri 0_ • 0_ todi- Ql N_ X N L 0 .r N -0 a) ' ' cn to L v ui N -0 a) Y +' to if) co .r 1.11 -37- v an E a) 2 00 CL) U 2019 Deaccession List -38- A ~! + • 4 y-• i ia l '?..�� 7 . ,. ` - l Poor condition. Disassociated . Complete piece in museum collection. Poor condition. Many pieces are missing. Wood and metal has severely degraded. Poor condition. Pieces missing. Severely degraded. Pieces missing. Previously restored. Severely degraded with pieces missing. Wood has been replaced. 12" Cut. Manufacturer: The Peter Hamilton Co. Peterborough ON. Has Horse power drive. Painted red. Belt driven. Galvanized metal. Tag located but illegible. Wood has been replaced. Metal wheel for belt drive. "Happy Thoughts" embossed on side. L_ va.) = U 0 0 4O a1 U (i) = f0 i i v O -0 Pieces of machinery. Pieces of Furnace Pieces of machine. ,—I N v O +—' lO a1 N N_0 N v) Z o i CU J 0 Cr) N N Skid 31 Upper Site i CU 0 N M N N i ai 0 Cr) M cc) N Lo r1 N ,-I 00 ,-I rn ,-i O N -38- 2019 Deaccession List -39- , ' , s_ rim. , r. ... / �i •, tl 1 f#,f•2 . �. ray 4i .A • fr it.. .. A, Lf 1.-zzwi■! lit 4. . r )10) Pieces only. Moss is growing out of wood. Infested with red ants. Runners only. Extremely deteriorated. Poor condition. Disassociated from their parent piece. Poor condition. Disassociated from their parent piece. Poor condition. Disassociated from their parent piece. Poor condition. Pieces missing. Better example in Core collection with Durham manufacturing provenance. Perhaps a saw? Red paint. Metal tracks on top. Drawer in bottom side with handle. Y shaped piece may be X961.1.17, spout for a grain thresher. Heaps Engineering Co. New Westminster BC c1914-20 Base of a machine Pieces of a sleigh Various pieces of machinery Various pieces of machinery Various fly wheels Base of a shingle saw. Skid 34 Lower Site Skid 35 Upper Site Skid 36 Upper Site Skid 37 Lower Site Skid 38 Upper Site Skid 12 ,—i N N N m N .r N Ln N l0 N -39- 2019 Deaccession List { t it • • ,.. „... itit r ' V 1 ' l .ii ! ; , ,� I1! 1, ask`. Piece only. Blades bent. Pieces only. Unknown use. No future anticipated use. Extremely poor condition. All pieces are disassociated. Unidentified uses. Incomplete and severely degraded. Extremely poor condition. All pieces are disassociated. Unidentified uses. Maybe part of windmill X973.76.1A-N Large cast iron circular piece. Square iron piece with rectangle cut out. Two fly wheels connected to a drive shaft. Belt drives in the middle. Maybe part of a blower/conveyor system? Part of a small wagon. An assortment of wood, iron and galvanized metal pieces. Piece of windmill Large pieces of machinery Fly wheels Various pieces of machinery Small wagon axel and two wheels. Various pieces of machinery i a) 0 J Ol m -a N v N Skid 40 Lower Site Skid 41 Lower Site Skid 42 Lower Site Skid 27 Lower Site Skid 44 I� N 00 (Ni al N O m v--1 m N m -40- DDD DURHAM REGION The Regional Municipality of Durham Corporate Services Department — Legislative Services 605 Rossland Rd. E. Level 1 P.O. Box 623 Whitby, ON L1 N 6A3 Canada 905-668-7711 1-800-372-1102 Fax: 905-668-9963 durham.ca THIS LETTER HAS BEEN FORWARDED TO THE EIGHT AREA CLERKS April 26, 2019 S. Cassel City Clerk City of Pickering One The Esplanade Pickering ON L1V 6K7 Dear Ms. Cassel: RE: Durham Vision Zero — A Strategic Road Safety Action Plan for the Regional Municipality of Durham (2019-W-27), Our File: T02 Council of the Region of Durham, at its meeting held on April 24, 2019, adopted the following recommendations of the Works Committee, as amended: "A) That Regional Council endorse a Vision Zero approach to Road Safety for the Regional Municipality of Durham; B) That Regional Council endorse the recommended Strategic Road Safety Action Plan goal of a minimum 10 percent reduction in severe (i.e. fatal and injury) collisions within the next five years (2019-2023); C) That Regional Council forward a copy of this report to the Local Area Municipalities, including a report substantially in the form of Attachment 1 to Report #2019-W-27 of the Commissioner of Works, in the spirit of mobilizing a concerted effort towards Vision Zero; D) That Regional Council direct staff to move forward with the next steps required to implement the Strategic Road Safety Action Plan; E) That the Vision Zero Task Force also include a Works Committee representative, a cyclist representative, and a citizen/senior representative; and F) That staff report to Council on a semi-annual basis with steps taken towards achieving Vision Zero." Please find enclosed a copy of Report #2019-W-27 for your information. If you require this information in an accessible fbrn4ti1e5e contact 1-800-372-1102 extension 2097. R oaphi W cato-vv Ralph Walton, Regional Clerk/Director of Legislative Services RW/sp c: S. Siopis, Commissioner of Works R. Jagannathan, Director of Transportation & Field Services -42- If this information is required in an accessible format, please contact 1-800-372-1102 ext. 3540. DURHAM REGION The Regional Municipality of Durham Report To: From: Report: Date: Works Committee Commissioner of Works #2019-W-27 April 3, 2019 Subject: Durham Vision Zero — A Strategic Road Safety Action Plan for the Regional Municipality of Durham Recommendation: That the Works Committee recommends to Regional Council: A) That Regional Council endorse a Vision Zero approach to Road Safety for the Regional Municipality of Durham; B) That Regional Council endorse the recommended Strategic Road Safety Action Plan goal of a minimum 10 percent reduction in severe (i.e. fatal and injury) collisions within the next five years (2019 to 2023); C) That Regional Council forward a copy of this report to the Local Area Municipalities, including a report substantially in the form of Attachment 1, in the spirit of mobilizing a concerted effort towards Vision Zero; and D) That Regional Council direct staff to move forward with the next steps required to implement the Strategic Road Safety Action Plan. Report: 1. Purpose 1.1 The purpose of this report is to seek endorsement of a Strategic Road Safety Action Plan (SRSAP) for the Regional Municipality of Durham (Region). -43- Report #2019-W-27 Page 2 of 8 1.2 The purpose of the SRSAP is to save lives and reduce injuries caused by motor vehicle collisions. The plan coordinates efforts of a diverse set of stakeholders in engineering, enforcement, health and education to encourage the sharing of resources and development of a Vision Zero culture for everyone involved in managing and impacting road safety in the Region. 2. Background 2.1 In 2015, Regional Council considered Report #2015-J-46 regarding the use of Red Light Camera Automated Enforcement Technology to improve safety. At that time, it was decided that the Region would focus on other safety initiatives including the preparation of an overall SRSAP to identify needs and establish priorities. 2.2 On March 8, 2017, Regional Council approved the award of a contract to CIMA+ (Report #2017 -COW -57) to develop a SRSAP for the Region. 2.3 On April 4, 2018, the Committee of the Whole received Report #2018 -INFO -44 and a corresponding presentation as a progress update on the SRSAP. 2.4 Traffic collisions are the leading cause of injury and death for people aged 18 to 24 years old across the Province of Ontario. In 2017, approximately 1,670 people were injured or killed on Regional and Local Municipal roads. Over the duration of the SRSAP Study (March 2017 to February 2019), 42 people lost their lives in motor vehicle collisions. Victims were across all ages, male/female, passengers/drivers, pedestrians, cyclists, impaired, at fault and otherwise. Figure 1 illustrates the number of fatal and injury collisions on Regional and Local Municipal roads for the most recent six-year (2012 to 2017) period. 2.5 The World Health Organization's Global Status Report on Road Safety 2018 reiterates these findings with road traffic injuries now being the leading killer of people aged 5 to 29 years. The report also highlights that 54 per cent of these deaths are pedestrians, cyclists and motorcyclists. -44- Report #2019-W-27 Page 3 of 8 2000 • Region of Durham Fatal Collisions 1800 1694 1600 1400 0 0 1200 U 1000 *c 800 To • u 600 400 200 23 0 2012 1773 7 24 2013 16 ® Region of Durham Injury Collisions 150 19 1482 2014 Year 0l Year 1575 19 21 1653 2-@6 2017 Figure 1 — Region of Durham Fatal and Injury Collisions (2012-2017) 2.6 Overall, fatalities on roads in the Province have been decreasing even as the number of licenced drivers has increased. Vehicle design, seatbelt use, impaired driving campaigns and improvement in road design have all contributed to this decline. Figure 2 illustrates the number of fatalities in the Province related to motor vehicle collisions between 1988 and 2016, along with the number of licenced drivers over that same period. Statistics in the Region have generally followed the same trend that has been seen across Ontario and Canada. Number of Fatalities 1400 1200 1000 600 400 0 • 10 8 6 4 2 . - —1-1 0 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 2012 2014 2016 Year (1988-2016) Fatal Collisions—Liccnced Drivers (Millions) Licenced Drivers !Millions) Figure 2 — Ontario Traffic Fatalities and Licensed Drivers (1988-2016) -45- Report #2019-W-27 Page 4 of 8 3. Durham Vision Zero — Strategic Road Safety Action Plan 3.1 As described in Report #2018 -INFO -44, presented in April 2018, the SRSAP (Durham Vision Zero) has identified the following vision and goal for road safety in the Region. Vision — "Zero people killed or injured across all modes of transportation." Goal — "A 10 per cent reduction in fatal and injury collisions over the first five years on Regional and Local Municipal roads." The goal is intended to be ambitious yet attainable. A minimum 10 per cent reduction over a five-year period is consistent with goals set by other Vision Zero municipalities across North America. Collision statistics will be continuously monitored, and the goal will be reviewed and updated as the plan is implemented. All opportunities to exceed the 10 percent target will be aggressively pursued. 3.2 The earlier report outlined eight emphasis areas and one awareness area. The areas selected were based on public opinion, collision data analysis and partner agency information. The emphasis areas chosen for the SRSAP are shown below. Emphasis Areas 1. Intersections 2. Aggressive Driving* 3. Distracted Driving 4. Young Drivers (16-25) 5. Pedestrians 6. Impaired Drivers 7. Commercial Vehicles (CMV) 8. Cyclists Awareness Area School Zones b 5OS sem} 4CEILL WIZ 409 I1 s74 1962liti2 lxr 1 • �Mu w .c,,,f rc `k ie ,4' ' „jai ek * ,s #, ,9 J .,,{,} Figure 3 — Number of Fatal & Injury Collisions in Durham by Emphasis Area (2012 — 2016) * Speeding was considered part of aggressive driving. 3.3 Figure 3 illustrates the fatal and injury collisions for each emphasis area. It is important to note that the collisions reported in the above figure may be -46- Report #2019-W-27 Page 5 of 8 represented multiple times. For example, a collision involving a pedestrian at an intersection involving a driver who was impaired would appear in three columns. 3.4 Several countermeasures have been identified for each emphasis area, with the expectation that these measures will reduce fatalities and injuries on the transportation system. Each countermeasure is categorized by type (engineering, education, enforcement, engagement), with a status identified as new or expanded, and an assigned action specific to an agency or multiple agencies. Table 1 lists a sample of the countermeasures identified for aggressive driving. Additional programs can be found on pages 9 through 24 in Attachment #1. Program Type Status Action Agencies Automated Speed Enforcement (ASE) Enforcement New Implement ASE in school zones and community safety zones Durham and partnering local area municipalities Roadway Design to Discourage Speeding Engineering New Narrow lane widths on urban roads to reduce operating speeds Durham and partnering local area municipalities Anti- Aggressive Driving Campaign Education New Undertake an anti- aggressive driving public awareness campaign Durham Regional Police Services (DRPS), Durham Works, Durham Health, Communications (Durham and DRPS) Targeted Enforcement Initiatives Enforcement Existing Service -wide initiative to allow other partners to align their enforcement efforts. DRPS, OPP, other police services, MTO Table 1 — Sample Countermeasures for Aggressive Driving 3.5 Two specific countermeasures, Red Light Cameras and Automated Speed Enforcement, have been identified as new programs to address intersection and aggressive driving related collisions with overarching benefits to other emphasis areas such as school zones and distracted driving. A report to Works Committee recommending an implementation strategy for these automated enforcement measures is forthcoming. -47- Report #2019-W-27 Page 6 of 8 3.6 It is necessary to establish working and administrative groups to deliver the action plan. A Vision Zero Task Force composed of key traffic safety representatives from Traffic Safety, DRPS, Health, and Corporate Communications will be responsible for guiding the program, delivering the countermeasures and be directly responsible for the management and success of the SRSAP. The Implementation Committee will include champions from the local area municipalities as well as other partner agencies and will be responsible for implementing and evaluating countermeasures. The Stakeholder and Ambassador group is proposed to be composed of community road safety advocates to help bring ideas/issues forward and help monitor the overall progress of the plan in relation to the goal. The proposed organizational structure for the Task Force is shown in Figure 4 below. Regional Council VlSKiN ZERO TASK FORCE Rcaa Safety Implementation Committee h Durham Safety Stakeholders & Ambassadors Local Municipal Council Figure 4 — Proposed Organizational Structure for the Vision Zero Task Force 3.7 The SRSAP is intended to be a living document for guiding the safety management process for several years to come. For the SRSAP to have an impact on road safety, regular meetings of the partners are needed, where decisions can be made with respect to budgets, priorities, and goals. These meetings will provide an opportunity to evaluate progress and make sure all partners are delivering on their commitments in the plan. The plan also includes an evaluation and monitoring component to ensure the success and progress towards Vision Zero. -48- Report #2019-W-27 Page 7 of 8 3.8 DRPS is the source of all collision data for the Region. Establishing a joint collision database and strong working relationship to prioritize countermeasures and better understand where and why collisions are happening is invaluable. 4. Financial Implications 4.1 The key principle of Vision Zero is in keeping with economic analysis which includes intangible or non -monetary considerations and risk assessment impacts. The focus of Vision Zero is that traffic deaths and injuries are preventable, and life and health can never be exchanged for other benefits within society. 4.2 Although the Vision Zero principle is an ideal, the societal costs associated with collisions are a reality. Direct human capital crash costs are based on the Ministry of Transportation Guidelines for Operational Performance Reviews (MTO, 2012) which identifies the cost of a fatal collision at $1,582,000 and $59,000 per non-fatal injury. 4.3 Annually, over the past 15 years, the Durham Municipal Insurance Pool (DMIP) has received between 100 and 300 claims related to motor vehicle collisions. The dollar amount paid directly by DMIP and their insurers are dependent on the type and severity of the claim. Municipal governments in Canada have been faced with increasingly detrimental road liability awards in both the percent liable and the dollar amounts over the past number of years. This has placed undue and unwarranted strain on already stretched municipal budgets. These burdens come in the form of increased insurance premiums and self-insured exposures. 4.4 Focusing Regional dollars to improve safety by initiating the planned countermeasures, will in return, result in potential savings in the areas of societal collision costs and insurance claims. 4.5 The Region's proposed investment in road safety improvements is reflected in the capital and road rehabilitation programs. Engineering improvements such as installing roundabouts, adding turn lanes, improving signage, and line marking are some examples of the existing investments the Region is making. To better guide the safety investment towards Vision Zero and align all the resources from the Region, it is recommended that all safety related improvements moving forward be branded as Durham Vision Zero initiatives. This will institutionalize changes in the road safety culture and encourage coordination. 4.6 To ensure that the 10 per cent fatal and injury collision reduction goal is met, it will be necessary to initiate as many countermeasures as possible. The Region's 2019 budget has identified an additional $250,000 in operating funds and an additional $200,000 in capital investments related to Vision Zero initiatives. Beyond 2019, additional funding and staffing requests, and where relevant, realignment of existing resources and costs will be brought forward for approval to implement additional countermeasures. -49- Report #2019-W-27 Page 8 of 8 5. Conclusions 5.1 This report recommends the approval of Durham Vision Zero — A Strategic Road Safety Action Plan — that unifies and coordinates all the various efforts of all the key partner agencies, under one banner, with one common vision to eliminate fatal and injury collisions. 5.2 A collaborative approach was and will continue to be key in addressing common traffic safety challenges. The Strategic Road Safety Action Plan was prepared to align with Regional Council's values, which will continue to be considered in the implementation of the plan. 5.3 This report has been reviewed by the Legislative Services and Legal Services Divisions of the Corporate Services Department and the Finance Department. 5.4 For additional information, contact Steven Kemp, Manager of Traffic Engineering and Operations at 905-668-7711, extension 4701. 6. Attachments Attachment #1: Durham Vision Zero — Strategic Road Safety Action Plan — Final Report Respectfully submitted, Original signed by John Presta for: Susan Siopis, P.Eng. Commissioner of Works Recommended for Presentation to Committee Original signed by: Elaine C. Baxter-Trahair Chief Administrative Officer -50- Attachment #1 to Report #2019-W-27 Strategic Road Safety Action Plan ODD DURHAM REGION - 51 - Attachment #1 to Report #2019-W-27 Vision: Zero people killed or injured across all modes of transportation. This document is dedicated to the friends and families of those who have lost their lives in motor vehicle collisions. - 52 - IDurham Vision Zero - Strategic Road Safety Action Plan Attachment #1 to Report #2019-W-27 Table Of Contents A Message from the Regional Chair & CEO and the Chief Administrative Officer 1 A Message from Paul Martin, Chief of Police, and Susan Siopis, Commissioner of Works 2 Steering Committee Members 3 Introduction 4 Quick Facts 5 Vision Zero 7 Vision and Goal 7 Strategic Road Safety Action Plan Emphasis Areas 8 Awareness Area: School Zones 8 Emphasis Area 1: Intersections 9 Emphasis Area 2: Aggressive Driving 11 Emphasis Area 3: Distracted Driving 13 Emphasis Area 4: Young Drivers 15 Emphasis Area 5: Pedestrians 17 Emphasis Area 6: Impaired Driving 19 Emphasis Area 7: Cyclists 21 Emphasis Area 8: Commercial Vehicles 23 Traffic Safety Culture 25 Moving Forward 26 R ��1RMAN If you require this information in an accessible format, please contact 1-800-372-1102 extension 4700 i Durham Vision Zero - Strategic Road Safety Action Pla Attachment #1 to Report #2019-W-27 A Message from John Henry, Regional Chair & CEO and Elaine Baxter-Trahair, Chief Administrative Officer With enthusiasm, we share with you the Region of Durham's first strategic road safety action plan: Durham Vision Zero. There is an economic toll when collisions happen in Durham Region. From the emergency response by police, fire and paramedics, to healthcare costs, and public works expenses for roadway repairs and improvements—in Durham, an average of 6,700 reported collisions per year result in an average of $225 million in fiscal impact. But what's more important than any fiscal expense is the dramatic effect that the loss of life, and life -altering injuries, has on families and our community at large. When a resident suddenly dies on our roadways, it is not just a traffic inconvenience. The community member we lose—the hockey coach, the teacher, the friendly neighbour who shovels your driveway—has needlessly been denied the right to celebrate their next birthday, to be at their kids' graduation, to feel the warm summer breeze as they cycle the waterfront. That's why the guiding principle of Durham Vision Zero is that no loss of life on our roads is acceptable. Through Durham Vision Zero, Regional Council has purposefully chosen to endorse preventing collisions from happening in the first place, instead of spending money responding to them. By investing in public education, new road safety technologies, increased law enforcement and more—the investment will pay off endlessly for our community, because the cost of saving a life is priceless. This new strategic road safety action plan is the result of collaboration with many stakeholders and partner organizations in our community. But our most important champion for Durham Vision Zero is you. Drive like you could save someone's life, and let's get everybody home to their families safely. 6 OURHON REGION -54- 1 IDurham Vision Zero - Strategic Road Safety Action Plan. I Attachment #1 to Report #2019-W-27 A Message from Paul Martin, Chief of Police, and Susan Siopis, Commissioner of Works About 20 times each year, Durham Regional Police Service (DRPS) officers have the unfortunate task of telling families that their loved one will not be coming home, as the result of a collision. Collisions do not happen by accident, and can always be prevented— whether through reduced speed, smarter road design, or increased enforcement. Durham Region's Works Department builds the backbone of safety—elements such as road design, traffic safety infrastructure and road maintenance. With a joint goal of safer roads for everyone, we recognize that engineering doesn't work without enforcement, enforcement doesn't work without education, and by working together we can create a culture of road safety in Durham Region. Members of DRPS take great strides to educate on and enforce the laws that keep road users accountable for their actions. Despite there being more people on the road every year in Durham, collisions have stayed relatively the same or, in some cases, have lowered during the past year. This is great news as we work with community partners to implement Durham Vision Zero—a collaborative five-year plan that will continue to evolve as new technology changes the way we travel. Road safety issues are being addressed with a great deal of collaboration among DRPS, the Region of Durham, local area municipalities and our community partners in road safety—many of those initiatives are outlined in this plan. We continue to develop meaningful opportunities to share data and resources. This kind of teamwork goes a long way to making residents safer when they travel throughout the Region, with the ultimate goal that, one day, no officer should ever have to deliver the heartbreaking news of a life lost in a collision here in Durham. 6 DURHAM REGION -55- a Durham Vision Zero - Strategic Road Safety Action Plan Steering Committee Members s DURHAM REGION 644 PICKERING • Town of Attachment #1 to Report #2019-W-27 e/r" Ontario MINISTRY OF TRANSPORTATION ijaxWHITBY WHITBY By the Lake ONTARIO • CANADA breathe it in. Clariiigton �°ruSaimigit [� Northumberland madd County Durham Region Oshawa® 7 Prepare To Be Amazed TORONTO iScugog HEADS UP! DURHAM (4)DDSB :,rSTSCO *DSTS COLLEGE Ignite Learning W1NW.S�SCO.CB sp. 17 SUCCESS MATTERS Durham Student Transportation Services Student Tnaepootation Serving of Control Ontario RURHAM REGION Appreciation goes out to additional contributing parties involved in past and future plan development. Durham Vision Zero - Strategic Road Safety Action Plan Attachment #1 to Report #2019-W-27 Introduction The Region of Durham is the largest geographical jurisdiction in the Greater Toronto Area, encompassing an area of approximately 2,532 square kilometers and containing 832 kilometers of arterial roadways. The population of the Region is estimated to be about 660,000 and is expected to reach almost one million people by the year 2031, which is more than double the 1991 population. Approximately 90% of the population and employment is in the local municipal areas of the City of Pickering, Town of Ajax, Town of Whitby, City of Oshawa, and the Municipality of Clarington. The Townships of Brock, Scugog, Uxbridge, and the Mississauga's of Scugog Island First Nation represent the remaining 10% of the population. The Region experiences on average over 6,700 reported collisions per year.1 These traffic collisions cost Regional road users and residents approximately $225 million in direct and indirect costs every year. These collisions exact a great emotional and societal toll on all persons involved. DURHAM REGION In the past decade, traffic safety practitioners have made significant progress in developing and maturing techniques to more accurately identify locations with the highest potential for improving road safety, diagnosing causal factors, and recommending effective countermeasures. The Region has developed a Strategic Road Safety Action Plan (SRSAP), which incorporates Vision Zero, to reduce the number and severity of collisions in the Region. The Region wants to make sure everyone arrives safely to their destination. The SRSAP's purpose is to save lives and reduce injuries caused by motor vehicle collisions. This plan, as well as the statistics presented in this document, focus on fatal and injury collisions. This plan is structured to best coordinate a diverse set of stakeholders in engineering, enforcement, and education realms, encourage the sharing of resources, and provide the necessary oversight to ensure the integrated SRSAP is embedded within the culture of all those managing aspects of transportation in the Region. 1 — Only Regional and municipal roads were considered for the collision analysis for the SRSAP Durham Vision Zero - Strategic Road Safety Action Plan • Quick Facts2 1sJj 7 I. r Intersection collisions are the most common type of collision •••••• RetetetRet reniakinginginia One in seven cannabis users reported driving at least once within two hours of using cannabis4 AAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAA 44% of all pedestrians involved in collisions are between the ages of 0 and 25 years p OURRpM REGION Attachment #1 to Report #2019-W-27 2nd lrgCik • • , I... i,r Aggressive Driving is the second most common type of collisions3 .w. PM rush hour (4PM - 6PM) during the week is the most common time for collisions 16-25 years old 27% of at -fault drivers are between the ages of 16 and 25 years 2 — Regional statistics are based on fatal and injury collisions. 3 — Aggressive Driving is defined as following too close, disobeying traffic control, failing to yield right-of-way, speeding too fast for road conditions, and exceeding speed limit. 4 — Within a three month period - Statistics Canada's latestNattenal Cannabis Survey (2nd quarter, 2018 - pre -legalization). Durham Vision Zero - Strategic Road Safety Action Plan Quick Facts Trips Made by Residents of Regional Municipality of Durham5 rTime Period Number of Trips 298,700 1,279,200 Attachment #1 to Report #2019-W-27 Mode of Transportation Driver Pass. Transit Go Train Walk & Cycle 72% 14% 3% 3% 5% 3% •_• A driver using a phone is four times more likely to crash than a driver focusing on the road6 OURRAA REGION 5 — Durham Transportation Tomorrow Survey (TTS), 2016. 6 — MTO (2013) https://www.ontario.ca/page/distracted-driving. 7 — 2012 to 2016 collision data is reviewed as a part of the development of the SRSAP. ohooloolooloohoohoolooloolooho olo olo olo olo olo olo olo olo olo olo oho olo olo olo olo olo olo olo olo olo . . olo olo olo olo olo olo olo olo olo olo oho oho oho oho oho oho oho oho oho oho o5oohoohoohoohoohoohodPoohooho oho By 2016, cyclist collisions had increased 265% (61 collisions from 2012 to 2016)7 IDurham Vision Zero - Strategic Road Safety Action Plan I Attachment #1 to Report #2019-W-27 Vision and Goal for Durham Region's Vision Zero Strategic Road Safety Action Plan Vision Zero Vision Zero is a road safety concept that originated in Sweden in 1997 and has been adopted in various forms around the world. It can be summarized in one sentence: No loss of life is acceptable as a result of a motor vehicle collision. The Vision is based on the simple reality that humans make mistakes. The road system needs to keep people moving, but must also be designed to protect people at every turn. This protection can take one of two forms: preventing collisions from occurring or designing the road network to minimize the consequences of collisions that do occur. DURHAM REGION SRSAP Vision and Goal In order for the SRSAP to have an overall strategy for reducing motor vehicle fatalities and injuries in the Region, a vision and goal were developed. A vision is a high-level, long- term viewpoint that usually spans an extended period of time. The Region's vision for the SRSAP ties in with Vision Zero: Vision: Zero people killed or injured across all modes of transportation. The vision can not be achieved overnight; it will take time and effort. In order to start the process of achieving the vision of zero deaths and injuries for all modes of transportation in the Region, the following goal was established: Goal: 10% reduction of fatal and injury collisions within five years (2019-2023). The goal acts as a stepping stone in working towards reaching the vision. The goal that the Region established for the SRSAP is for 5 years; after five years, the plan will be re-evaluated and a new goal will be set. This will be a repeated process for the SRSAP as the Region moves towards zero. -60- 7 Durham Vision Zero - Strategic Road Safety Action Plan Attachment #1 to Report #2019-W-27 Strategic Road Safety Action Plan Emphasis Areas The basis of a strategic road safety program is to apply resources to the most prominent or severe safety situations which leads to the best chance of success. An emphasis area is a type or group of collisions that has been identified as among the largest or of most concern. The selection of emphasis areas included three types of inputs: public opinion, collision data analysis, and partner agency information. An online survey was distributed to the residents of Durham. As well, public information centres were held to obtain the public's input on road safety. The public perceives the most serious concerns to be driver behaviours of distracted driving, impaired driving, aggressive driving, and speeding. Data analysis was conducted on collision data for 2012 to 2016 inclusive. The analysis not only looked at the overall size of various collision types, but considered trends, such as the recent increase in cycling collisions. To match the vision, only fatal and injury collision data was used. Overall, the public's road safety concerns closely matched the top emphasis areas determined by data analysis. The emphasis areas chosen for the SRSAP are shown below (speeding was considered part of aggressive driving): liL 1 1 E 1. Intersections 0 5. Pedestrians 2. Aggressive Driving 3. Distracted Driving OHO 6. Impaired Driving 7. Cyclists 16-25 • years old • 4. Young Drivers AL 8. Commercial Vehicles Awareness Area: School Zones A focus on collisions in school zones was not supported by the collision data analysis but the public clearly identified schools as an area of concern. As such, these types of collisions will be considered an awareness area (an aspect to be part of the overall strategy) while developing the action plan for the eight emphasis areas. DURHAM REGION - 61 - 8 Durham Vision Zero - Strategic Road Safety Action Plan IMP Emphasis Area 1: Intersections Collisions at intersections form the single largest emphasis area. The graph below shows the history of intersection collisions in the Region. From 2012 to 2016, the annual average at intersections was approximately 1000 collisions. The most common impact type was turning movement. Rear -end collisions likely overlap with the aggressive and distracted driving emphasis areas. Turning movement and angle collisions best lend themselves to engineering solutions that can directly address the issues causing those types of collisions. N OUR. REGION Attachment #1 to Report #2019-W-27 Collisions caused by turning movements are the most common types of collisions at intersections in the Region, and are approximately a third of all intersection fatal and injury collisions. 900 N 800 a 711 • 7700 0 co 600 L c 500 400 344 344 0 300 U N 200 v 100 0 1 1 785 309 1 628 290 1 641 310 1 688 2012 2013 2014 2015 2016 Yea r • Municipal Roads • Regional Roads Durham Vision Zero - Strategic Road Safety Action Pla Attachment #1 to Report #2019-W-27 The programs that are listed below are a sample of potential new and expanded programs that the partners of the SRSAP plan to implement. DURHAM REGION -63- Emphasis Area 1: Intersections Program Targeted Collisions/ Effectiveness Tighter Curb Radii Smaller turning radii increase pedestrian safety by shortening crossing distances, increasing pedestrian visibility, and decreasing vehicle turning speed. Reduction in the frequency and/or severity of turning movement collisions as well as pedestrian collisions at intersections. Signal Head Reflective Border Application of a yellow retroreflective border to existing signal backplates, framing the traffic signal heads. This reflective strip improves the visibility of the signal by providing a consistent and contrasting background. The border will be visible during the day with greatly increased visibility at night or under limited visibility conditions. This will be particularly helpful to the aging population and those with color blindness. Improvement of visibility of intersections and reduction of frequency and/or severity of collisions at intersections. Roundabouts A roundabout is a circular intersection where two or more roads meet. Traffic flows counter -clockwise around the centre median. Vehicles entering yield to the traffic already in the roundabout. Roundabouts improve traffic flow and eliminate right-angle collisions. Reduction in the frequency and severity of collisions at an intersection. Protected Only Left Turn Phasing Addition of an extra interval in the signal timing for left turns to proceed without conflict. Reduction in frequency and/or severity of angle collisions at intersections. Right -Turn on Red Prohibitions Install and by-law right -turn on red prohibitions at locations identified through network screening, safety audits, and/or high pedestrian collisions. Reduction in frequency and/or severity of pedestrian collisions and turning movement collisions at intersections. DURHAM REGION -63- Durham Vision Zero - Strategic Road Safety Action Plan Emphasis Area 2: Aggressive Driving Aggressive driving actions include speeding, driving too fast for conditions, following too close, disobeying traffic control, and failing to yield the right-of-way. The history of the collisions from aggressive driving in the Region is shown in the graph below. The suggested response to aggressive driving collisions includes a balance of engineering measures, increased and/or better targeted enforcement, and educational campaigns. p OURNA REGION Attachment #1 to Report #2019-W-27 Help Stop Aggressive Driving Report to Road Watch www.drps.ca www.ajaxpickeringroadwatch.cori A The most common type of aggressive driving collision that causes an injury or a fatality in the Region is failing to yield the right of way (39%), followed by drivers following too closely (31 %) u, 0 0 U 500 -LL c .5 200 N U1 hA h0 700 600 400 300 100 0 541 313 351 581 2012 2013 571 303 329 546 348 632 2014 2015 2016 Year • Municipal Roads • Regional Roads 11 Durham Vision Zero - Strategic Road Safety Action Pla Attachment #1 to Report #2019-W-27 The programs that are listed below are a sample of potential new and expanded programs that the partners of the SRSAP plan to implement. I - Emphasis Area 2: Aggressive Driving Emphasis 1 - Program Targeted Collisions/ Effectiveness Action Roadway Design to Discourage Speeding Designing the roads to influence drivers to operate at the safe operating speed. Installation of narrow lane widths, edge lines, curb and gutter, on -street parking, etc. are some ways to constrain the driving environ- ment and discourage aggressive driving. Reduction in the frequency and/or severity of collisions caused by speeding vehicles. Automated Enforcement . An enforcement technique that uses sensors to record images of motor vehicles that are travelling above a specified threshold or running red lights at intersections. Reduction in the frequency and/or severity of collisions at intersections as well as collisions caused by speeding vehicles. Flexible In- Road Warning Signs These signs delineate traffic or guide traffic into a specific lane. They also provide warning to drivers of certain obstacles, such as pedestrian crossing areas or cycling facilities. Reduction in the frequency and/or severity of crossover collisions. Transverse Rumble Strips Transverse rumble strips are used to warn drivers in rural areas that they are approaching a stop sign. The strips typically consist of grooves crossing the roadway surface to provide a tactile and audible warning for drivers. Increases the presence of intersections and reduces the frequency and/or severity of collisions. Centre Median Barriers Installation of centre medians to prevent head on collisions in urban areas where necessary. The median will also restrict conflicting turning movements at entrances. Reduction in collisions due to vehicles colliding with opposing traffic. Targeted Enforcement Initiatives Durham Regional Police Services (DRPS) has recently initiated a service -wide traffic initiative calendar to ensure all Divisional Leaders are aware of the Regional Traffic Targeted Enforcement initiatives and to allow other partners to align their enforcement efforts. Increases awareness of aggressive driving behaviours and reduces the amount of aggressive driving collisions. Anti- Aggressive Driving Campaign Durham Vision Zero anti -aggressive driving public awareness campaign using advertising such as social media (#DurhamVisionZero), internet videos, radio ads, and advertisements in transit/bus shelters. Increases awareness of aggressive driving behaviours and reduces the amount of aggressive driving collisions. 0 DURHAM REGION Indicates a school zone related countermeasure. -65- Durham Vision Zero - Strategic Road Safety Action Plan Emphasis Area 3: Distracted Driving Collisions involving distracted driving are coded on police reports as the driver being inattentive, but it is likely that this type of collision is underreported, as it is difficult to confirm. Distraction can also be a result of the roadside environment, therefore it is important that we limit signage and other infrastructure within the right-of-way to their primary objective of transportation guidance. The history of reported distracted driving collisions is shown in the graph below. Attachment #1 to Report #2019-W-27 Approximately 1/4 of all fatal and injury collisions in the Region are due to distracted driving. REGION REGION 350 0 • 300 0 U • 250 • c 200 .5 0 • 100 0 OJ Y U 50 0 0 225 120 1 165 300 135 1 260 130 1 236 150 253 2012 2013 2014 2015 2016 Year • Municipal Roads u Regional Roads 13 Durham Vision Zero - Strategic Road Safety Action Pla Attachment #1 to Report #2019-W-27 The programs that are listed below are a sample of potential new and expanded programs that the partners of the SRSAP plan to implement. DURHAM REGION -67- Emphasis Area 3: Distracted Driving Program Targeted Collisions/ Effectiveness Action Spirals Spirals are used on higher -speed curves to overcome the abrupt change in curvature from straight to turning. The spiral curve is used to gradually change the curvature of the road. Reduction in vehicles that are involved in single motor vehicle run -off - the -road collisions. Safety Edge A safety edge is a construction technique in which the road edge is angled so that a driver is able to get back on to the road safely if they encroach onto the granular shoulder. Improves the drivers ability to control the vehicle when accidentally leaving the travel lane. Roadside Safety Signs Install hazard markers on poles and other obstacles that are located near the edge of the travel lanes. The signs warn drivers, especially commercial vehicles, during the night to give clearance to poles or hazards. Improved visibility of hazards and reduction in number and/or frequency of run -off -the -road collisions. Vegetation Along Snow Drifts Plant vegetation or install fencing alongside roadways that are at high risk for drifting snow. Increased road surface condition and reduction in run -off -the -road collisions. Distracted Driving Communication Campaign Distracted and drug impaired messages in universities, commercials on Global TV Durham, posters, ads on social media, pamphlets and displays. Increases public awareness of the consequences of distracted driving behaviour and reduces the frequency and/or severity of distracted driving collisions. DURHAM REGION -67- Durham Vision Zero - Strategic Road Safety Action Plan Emphasis Area 4: Young Drivers Young drivers aged 16 to 25 years are the single age group with the largest number of collisions, as shown in the graph below (total collisions from 2012 to 2016). Inexperience and driving beyond the driver's skill level are the primary reasons why young drivers have a higher chance of being involved in a collision. The countermeasures for this emphasis areas are educational and enforcement programs. REGION REGION Attachment #1 to Report #2019-W-27 Approximately 1/4 of all fatal and injury collisions in the Region involve young arivers (16 - 25 years old). 600 500 E 0 400 U T L CO CO • Female • Male 300 200 100 0 _1_1_11_1_11 16-20 21-25 26-30 31-35 36-40 41-45 46-50 51-55 56-60 61-65 66-70 71-75 76-80 80+ Driver Age Durham Vision Zero - Strategic Road Safety Action Plan Attachment #1 to Report #2019-W-27 The programs that are listed below are a sample of potential new and expanded programs that the partners of the SRSAP plan to implement. REON REGIO I RR I Indicates a school zone related countermeasure. -69- Emphasis Area 4: Young Drivers Program - Targeted Collisions/ Effectiveness Action Weed Out the Risk Campaign An educational program targeting Grades 9-12 on the dangers associated with impairment by drugs. The objective is to provide knowledge on drug impairment at varying levels and periods within the calendar year. Emphasis on grades 9-10 in the fall so as to impact the newest student population as they enter high school. Educational efforts will target Grades 11 and 12 in the spring as many prepare to leave their high school and enter the world of employment or post -secondary education. Increases public awareness of the dangers of driving impaired and reduces the frequency and/or severity of impaired driving involving young drivers. Distracted Walking Program � I "RR DRPS Auxiliary Unit will implement a Distracted Walking program in the elementary schools and educate the students on the dangers of texting while walking. Increases public awareness of the dangers of walking while distracted and reduces the frequency and/or severity involving the younger demographic. PARTY Program * Students hear from police officers, paramedics, doctors, a coroner, nurses, the blood and tissue bank, rehabilitation professionals, and injury survivors. Students hear firsthand experiences from the people who experience them. This program is real, emotional, scientific, and lifesaving. Increases teen awareness on the severity of driving impaired. Reduces the frequency and/or severity of collisions involing young drivers. Driving Around Cyclist /V Education Education for drivers on how to avoid cyclist collisions. It will educate drivers on what to look for while driving near cyclists and how to expect the unexpected. Reduction in the frequency and/or severity of cyclist collisions. National Teen Driver Safety Week I�f� Educational strategies that include social media posts, positive ticketing, interactive questions and answer activities, promotional items, presentations, assemblies, contests, and more. Increases teen awareness on driving properly and reduces the frequency and/or severity of collisions involving young drivers. REON REGIO I RR I Indicates a school zone related countermeasure. -69- Durham Vision Zero - Strategic Road Safety Action Plan Emphasis Area 5: Pedestrians Approximately 53% of pedestrian collisions occur at signalized intersections. In approximately 69% of pedestrian collisions, the pedestrian is walking with the right-of- way. Pedestrian collisions almost always result in injury, often serious. The graph below shows the history of pedestrian fatal and injury collisions in the Region. Many of the countermeasures for pedestrian safety are primary to other emphasis areas, such as intersections or distracted driving. Attachment #1 to Report #2019-W-27 More than half of all pedestrian fatal and injury collisions in the Region occur at signal locations. OURHON REGION 120 0 100 0 80 60 La, LL 40 ccsL v v 20 0 103 94 99 100 71 84 55 58 1 69 69 2012 2013 2014 2015 2016 Year • Municipal Roads • Regional Roads Durham Vision Zero - Strategic Road Safety Action Pia Attachment #1 to Report #2019-W-27 The programs that are listed below are a sample of potential new and expanded programs that the partners of the SRSAP plan to implement. DURHAM REGION ill Indicates a school zone related countermeasure. - 71 - Emphasis Area 5: Pedestrians Action Program Targeted Collisions/ Effectiveness Leading Pedestrian Intervals IR Leading pedestrian phases allow pedestrians an walk signal before parallel vehicles start so that they can start crossing the street before the signal for the vehicles turns green. Through the use of network screening, candidate locations will be identified for a leading pedestrian phase pilot project. Reduction in the frequency and/or severity of pedestrian collisions at intersections. Pedestrian Crossovers l'W A pedestrian crossover is a place designated for pedestrians to cross a road. By law, drivers and cyclists must stop and yield to pedestrians intending to cross the road, and wait for them to completely reach the other side before driving. Pedestrian crossovers are identified by specific signs, pavement markings, and sometimes lights. The law does not apply to pedestrian crosswalks at intersections with stop signs or traffic signals, unless a school crossing guard is present. Increases the visibility of pedestrians and reduces the frequency and/or severity of pedestrians. Zebra Crosswalks (ik\ Raised, enhanced (i.e. ladder crosswalk markings), or textured crosswalk markings at specific areas where warranted. Improves the visibility of the intersection and reduces the frequency and/or severity of pedestrian collisions at intersections. Pedestrian Refuge IslandsRegion's itintersections. Construct new pedestrian refuge islands to support mid -block Transit stops, where applicable based on design criteria. Reduces the frequency and/or severity of pedestrians at mid- block locations and also In the Zone Enforcement l �fIC . Actively enforcing public safety in school zones with targeted enforcement. Increases public awareness of school zone safety and reduces the frequency and/or severity of pedestrian collisions. Pedestrian Awareness Campaign* Awareness campaigns that promote pedestrian safety such as always look before crossing the road regardless of who has the right of way. Reduction in pedestrian collisions. DURHAM REGION ill Indicates a school zone related countermeasure. - 71 - Durham Vision Zero - Strategic Road Safety Action Plan I Emphasis Area 6: Impaired Driving Impaired driving collisions are those coded on the police report with the following attributes: • Driver had been drinking; • Driver's ability impaired due to alcohol use; • Driver's ability impaired due to drug use; • Driver's medical or physical disability; or • Driver is fatigued. The history of impaired driving collisions in the Region is shown in the graph below. The graph illustrates a decrease in impaired driving collisions, however the legalization of cannabis may contribute to a rise in impaired driving collisions. Attachment #1 to Report #2019-W-27 s 1 SAFE ROADS...YOUR CALL 'CALL 911® Report Impaired Drivers madd' Alcohol — even one drink — can reduce your ability to react to things that happen suddenly. The effects of alcohol also include blurred or double vision, impaired attention and slowed reflexes. Alcohol -impaired driving is one of the leading causes of death on Ontario's roads. OURRON REGION 60 0 .7'50 0 v 40 , 30 TZ, 0o •` 20 v - 10 0 E 0 44 41 44 50 25 1 53 26 I 37 30 40 2012 2013 2014 2015 2016 Year • Municipal Roads • Regional Roads 19 . Durham Vision Zero - Strategic Road Safety Action Pla Attachment #1 to Report #2019-W-27 The programs that are listed below are a sample of potential new and expanded programs that the partners of the SRSAP plan to implement. DURHAM REGION 20 Emphasis Area 6: Impaired Driving Program Targeted Collisions/ Effectiveness Action _ MADD Sign Installations Install MADD signs that remind drivers to drive safe and to call 911 to report an impaired driver. These signs are installed in areas with high collision trends. Increases public awareness on impaired driving and reduces the frequency and/or severity of impaired driving collisions. Monthly Enforcement Initiatives Operational enforcement efforts will be enhanced to support monthly enforcement initiatives, targeting all HTA and criminal code offences. Increases public awareness on impaired driving and reduces the frequency and/or severity of impaired driving collisions. Late Night Transit Service Extend service operation on the DRT High Frequency Network to 24 hour / 30 minute service and offer on- demand service to areas beyond 1 km of a bus stop. Reduces the frequency and/or severity of impaired driving collisions by offering an alternative means of travel. Cannabis Focused Education Program Education program for parents and youth regarding cannabis drug use and the dangers it poses when driving high. Increases public awareness of the consequences of impaired driving and reduces the frequency and/or severity of impaired driving collisions. DURHAM REGION 20 Durham Vision Zero - Strategic Road Safety Action Plan Emphasis Area 7: Cyclists There has been a steady increase of cyclist collisions from 2012 to 2016. This could be due to higher ridership within the Region. Most collisions involve young cyclists aged 11 to 20. Over 50% of the cyclist collisions occurred in June, August, and September. This is likely due to better riding weather and also the higher concentration of cyclists when school starts in the fall. The history of cyclist collisions in the Region is shown in the graph below. Attachment #1 to Report #2019-W-27 Approximately 40% of all cyclists in the Region who are injured or killed in a vehicle collision are 20 years old or younger. e OUR NAM REGION 60 50 0 u 40 30 To 20 v 10 0 15 12 19 1 25 1 35 2012 2013 2014 Year • Municipal Roads • Regional Roads 31 50 35 49 2015 2016 21 Durham Vision Zero - Strategic Road Safety Action Pla Attachment #1 to Report #2019-W-27 The programs that are listed below are a sample of potential new and expanded programs that the partners of the SRSAP plan to implement. 0 DURHAM REGION - 75 - 22 Emphasis Area 7: Cyclists Program Targeted Collisions/ Effectiveness Action Side Inlet Catch Basins Road catch basins to be recessed behind curb face which allows cyclists to ride closer to the curb without swerving to avoid gratings and pot holes around gratings. Reduces the frequency and/or severity of cyclist collisions. Bicycle Detection Program Traffic signals that detect the presence of cyclists at an intersection and control the lights accordingly. Reduces the frequency and/or severity of cyclist collisions at intersections. Share the Road Signage Develop "Share the Road" signage for cyclists on rural roads where farm vehicles travel to remind drivers to allow space for cyclists on the road. Reduces the frequency and/or severity of cyclist collisions. Bike Boxes A bike box is a designated area at the head of a traffic lane at a signalized intersection that provides cyclists with a safe and visible way to get ahead of queuing traffic during the red signal phase. Reduces the frequency and/or severity of cyclist collisions at intersections. Paved Shoulder Paved shoulder treatment on rural roads allows cyclists to ride on the shoulder as opposed to a gravel shoulder. The paved shoulders are 1.2 to 1.5 m to make roadway corridors cycling accessible even if there are no specifically designated cycling facilities. Reduces the frequency and/or severity of cyclist collisions. Bike Link Bike Link programs allow cyclists to bypass problematic road segments, by allowing cyclists to ride transit with their bike for free between designated bike link stops. Generally these would be short segments of roadway, such as steep hills, or busy, fast moving segments of roadway. Reduces the frequency and/or severity of cyclist collisions. Cycling Education Cycling clubs to reiterate their safe riding measures and encourage cyclists to use other routes rather than major Type A arterial roads. Reduces the frequency and/or severity of cyclist collisions. Crossrides Crossrides allow cyclists to stay on their bikes while crossing through intersections. They may be located at multi -use trails or cycle tracks crossing a road. Allows cyclists to safely cross intersections and reduces the number of cyclist collisions at intersections. 0 DURHAM REGION - 75 - 22 IDurham Vision Zero - Strategic Road Safety Action Pia Emphasis Area 8: Commercial Vehicles There were 370 collisions involving commercial motor vehicles in the five year study period, with a decreasing trend from 2012 to 2015, and a slight increase in 2016. The history of commercial motor vehicle collisions in the Region is shown in the graph below. DURHAM REGION Attachment #1 to Report #2019-W-27 20°A of fatalities in Ontario involve a commercial motor vehicle.' 45 41 42 2 40 0 .N 35 0 U 30 0 = 25 `6 20 LL u 15 0 0 29 21 1 40 40 16 1 33 .1 2012 2013 2014 2015 2016 Year ■ Municipal Roads IN Regional Roads 8 — Ontario Road Safety Annual Report, 2016 23 Durham Vision Zero - Strategic Road Safety Action Pla Attachment #1 to Report #2019-W-27 The programs that are listed below are a sample of potential new and expanded programs that the partners of the SRSAP plan to implement. DURHAM REGION 24 Emphasis Area 8: Commercial Vehicles Program Targeted Collisions/ Effectiveness Action Lane Widening Implement wider lanes as required through turning or curved roadways to prevent trucks from deviating out of designated travel lanes and/or wandering into opposing lanes. Reduces commercial motor vehicle collisions, mainly at intersections. Designated Truck Routes Identification of truck designated routes and determine high collision locations through the use of network screening. Reduces commercial motor vehicle collisions. Safety Blitzes Conduct enforcement safety blitzes across the Region. Currently running approximately 40-45% vehicle removal rate from operation when safety inspections conducted at the roadside. Offence notice rates are almost 100% for operators of commercial motor vehicles during roadside inspections. Reduces commercial motor vehicle collisions due to poorly maintained commercial vehicles. Public Awareness Campaigns Educational campaign focused on commercial motor vehicle collisions and public awareness on truck safety. Increases public awareness of driving safely with trucks and reduces and frequency and/or severity of commercial motor vehicle collisions. DURHAM REGION 24 Durham Vision Zero - Strategic Road Safety Action Pia Traffic Safety Culture The SRSAP forms the framework for developing a road safety program for the Region of Durham. The plan requires commitment of resources by the Region and partner agencies. Before the plan can be implemented, it is necessary to establish a foundation for the SRSAP so that the plan can be implemented and monitored properly. There are several actions required. One of the steps is creating a Vision Zero Task Force and an Implementation Committee. The Task Force will be responsible for guiding the program, delivering the countermeasures, and be directly responsible for the management and success of the SRSAP. Partners from the Region, Durham Regional Police Service, Road Safety Group, Health Department, and Communications will be members of this Task Force. The Implementation Committee will be responsible for directly delivering the road safety programs. It is key to have partners who are monitoring the road safety programs and coordinating the efforts of all partners in Attachment #1 to Report #2019-W-27 order to reach the goal. Representatives from all agencies who deliver road safety programs in the Region are welcome members of this committee. A Durham Safety Stakeholders & Ambassadors group is another group that will be formed as a part of this plan and will consist of internal staff and community/ advisory groups. This group is meant to advocate for road safety within the Regions. A second step is significant additional data collection and analysis to better understand the exact nature of the collisions and demographics. Third, while road safety has always been recognized as a top priority for the Region and the SRSAP partner agencies involved, road safety must be integrated into the decision making process throughout the Region, local municipalities, and agencies that are involved with the road system. Enhancing the traffic safety culture means creating a social climate where traffic safety is highly valued and rigorously pursued. 0 DURHAM REGION Durham Vision Zero - Strategic Road Safety Action Plan Moving Forward The Region's SRSAP provides a strategy to address specific road safety challenges and builds partnerships with stakeholders to work towards the common goal of improving road safety. The overall vision of the SRSAP is to eliminate death and injury on the Region's roadways. In order to do that, partners must work together to implement safety programs (countermeasures) and to advocate for road safety in the Region. The partners of the SRSAP plan to establish a task force and an implementation and monitoring committee in order to effectively implement the plan and ensure the coordination of all of the partners. It is also the public's responsibility to improve road safety. Three of the eight emphasis areas are based on human behaviour; changing driver habits will have the greatest impact on those emphasis areas. Some collision prevention can be achieved by engineering actions, but changing behaviours form a large aspect of preventing fatal and injury collisions in the Region. The SRSAP is an ongoing program and will have to be monitored and evaluated. If the proposed countermeasures are implemented, then there is an excellent chance that the 10% collision reduction goal (which is approximately 160 fewer fatal and injury collisions) will be met. DORN REGION REGION Attachment #1 to Report #2019-W-27 What Can You Do? Whether driving, walking, cycling, or using transit, you, as a roadway user, need to be aware of what to expect when using the transportation network. There are many situations that may be dangerous to roadway users. The following are actions that you, as a roadway user, can take to help the Region achieve its goal and work towards the vision: • Be able to adapt to changing conditions, such as weather, construction zones, etc.; • Educate yourself (and others) about proper driving behaviours; • Know, respect, and follow the rules of the road • Respect other road users around you;; • Be aware of your condition, your vehicle's condition, and any distractions before you start driving, and ultimately; • Be safe. Update (*i*Ay Evaluate Implement VLII 26 Attachment #1 to Report #2019-W-27 80 - Integrity Commissioner 1 2018 Annual Report Integrity Commissioner for Durham Region and Brock, Clarington, Oshawa, Pickering, Scugog, Uxbridge and Whitby Annual Report 1. Introduction I was appointed as Integrity Commissioner for the Regional Municipality of Durham and its local municipalities pursuant to the following by-laws' effective the following dates: Municipality By -Law No. Date Passed Effective Date Regional Municipality of Durham 58-2016 Dec. 14, 2016 Jan. 1, 2017 Township of Brock 2715 -2017 -AP Jan. 16, 2017 Jan. 1, 2017 Municipality of Clarington 2017-019 Feb. 27, 2017 Feb. 28, 2017 City of Oshawa 45-2018 April 30, 2018 April 30, 2018 City of Pickering 7538/17 Jan. 16, 2017 Jan. 1, 2017 Township of Scugog 15-17 March 6, 2017 Jan. 1, 2017 Township of Uxbridge 2017-085 June 26, 2017 June 26, 2017 Town of Whitby 7234-17 Feb. 21, 2017 Feb. 21, 2017 In appointing me all of the local municipalities relied on the Region's Request for Proposal 1042A-2016. Consequently, it makes sense for me to present a joint annual report. However, the different effective dates mean that I have not served each municipality for the same length of time. For the sake of consistency, I issue these reports on a calendar year basis. This report covers calendar year 2018. I am not the Integrity Commissioner of the Town of Ajax, so Ajax is not covered by this report. The responsibilities of the Integrity Commissioner include: providing information and advice to councils and members of council on codes of conduct and the issues arising under them; providing advice to councils on other policies and procedures that relate to the ethical behaviour of members; providing information to the public on codes of conduct and the obligations of members under the codes; submitting an annual report to 1 Each municipality has adopted its own Code of Conduct for Members of Council and separately appointed me as Integrity Commissioner under section 223.3 of the Municipal Act, 2001. Integrity Commissioner 2018 Annual Report - 81 - Integrity Commissioner 2 2018 Annual Report each council; and conducting independent investigations of complaints alleging that a code of conduct has been contravened. 2. Guidance and Advice While the Integrity Commissioner's independent investigative role is extremely important, it has been observed that the investigation of potential contraventions is a last resort. Ideally, members should act ethically and in compliance with codes so that a contravention never occurs. To this end, the Integrity Commission plays a vital "proactive" role, providing advice and guidance to promote ethical compliance across the Region and the local municipalities. One of the Integrity Commissioner's roles is to provide confidential guidance to individual members of councils. While all members of councils are encouraged to reach out to the Integrity Commissioner, some seek guidance while others do not. In 2018 I provided guidance to two different council members from one municipality. I also provided guidance to the administration of some municipalities: • I provided guidance, which eventually was shared with all municipalities in the Region, on the relationship between an integrity commissioner's Bill 68 responsibility to provide written advice to council members on matters that include Municipal Conflict of Interest Act compliance and an integrity commissioner's Bill 68 responsibility to consider applications alleging contraventions of the MCIA. • I provided guidance to a municipality related to the application of the code of conduct to election activity. • I provided guidance to a municipality on sharing information (or, more precisely, the importance of not sharing information) about specific by-law enforcement files. • I answered questions from several municipalities on the portions of Bill 68, the Modernizing Ontario's Municipal Legislation Act, 2017, related to codes of conduct, integrity commissioners and the Municipal Conflict of Interest Act. 3. Internal Outreach, Education and Training During 2018, I conducted the following internal outreach, education and training: • December 6, 2018, Town of Whitby, Council Orientation • December 6, 2018, City of Oshawa, Special Council Meeting — Education and Training • December 7, 2018, Municipality of Clarington, Council Orientation Session Integrity Commissioner 2018 Annual Report -82- Integrity Commissioner 3 2018 Annual Report 4. Complaints and Investigations An important component of the Integrity Commissioner's role is to receive complaints (from councils, members of councils and members of the public) and to conduct independent investigations to determine whether contraventions have occurred. In the event of a contravention the Integrity Commissioner makes a penalty recommendation (reprimand or suspension of up to 90 days' pay) to council and council has sole responsibility to decide whether the penalty should be imposed. Not all complaints are investigated. Some complaints relate to rules and laws (e.g., Municipal Freedom of Information and Protection of Privacy Act) other than the Code of Conduct. Some complaints fail to contain sufficient grounds to investigate. The Integrity Commissioner may also decline to investigate if a complaint appears to be frivolous, vexatious or made in bad faith. I issued a total of two investigation reports covering complaints received in 2018. One of those investigation reports was issued in 2019. Municipality Investigation Reports Contravention Found No Finding of Contravention Regional Municipality of Durham 1 0 1 Township of Brock 0 0 0 Municipality of Clarington 1 1 _ 0 City of Oshawa 0 0 0 City of Pickering 0 0 0 Township of Scugog 0 0 0 Township of Uxbridge 0 0 0 Town of Whitby 0 0 0 The above table that does not include complaints that were not investigated because either they did not provide grounds for investigation or they were withdrawn. For example, I did not investigate a complaint alleging that council members contravened the code of conduct when they failed to accept invitations to various meetings and public gatherings. Also, as Integrity Commissioner I am often copied on emails that members of the public send to council members and other municipal officials. Under the Municipal Act, in 2018 I only had jurisdiction over code of conduct complaints and therefore did not respond to communications that did not fall into this category. Integrity Commissioner -83- 2018 Annual Report Integrity Commissioner 4 2018 Annual Report To promote transparency, I now attach to each investigation report a statement of the time spent on the investigation and the total cost to the municipality. To my knowledge I am the only Integrity Commissioner in Canada who does this. 5. Public Outreach Another important role is to provide information to the public about codes of conduct and the obligations of members under the codes. This involves direct contact with members of the public and on occasion with the news media. While accessibility to the public is an essential aspect of my role, there are certain boundaries that I do not cross: • I cannot assist anyone to draft a complaint against a member. I limit my role to sending out copies of the Code of Conduct and the Complaint Protocol. • While I can give general information about the Code to the news media and public, I cannot comment on specific cases, real or hypothetical. The only individuals to whom I provide specific advice in individual cases are the individual councillors. • Similarly, I will not give advice to one member of a council concerning the conduct of another member of a council. • I will not comment to the news media on the conduct of an ongoing investigation, nor even whether an investigation is occurring. Once a report to council is submitted, I let the report speak for itself and will not answer news media questions about it. An exception is made if a council instructs me to explain my report to the media. • If a news media inquiry were to relate to a municipal program or service, then I would refer the journalist to the appropriate municipal spokesperson. 6. Bill 68 (changes effective March 1, 2019) Effective March 1, 2019, important changes to the Municipal Act include the following: • It is now mandatory to adopt codes of conduct applying to council members and members of local boards. • Requests by members for an Integrity Commissioner's advice, and the Integrity Commissioner's responses, must now be communicated in writing. • A new section of the Municipal Act permits an elector or other person demonstrably acting in the public interest to apply to an Integrity Commissioner when the applicant believes that a council member or local board member has contravened the Municipal Conflict of Interest Act. While these changes were not in effect during 2018, municipalities and I spent time during the year preparing for the March 1, 2019, effective date. Integrity Commissioner 2018 Annual Report -84- Integrity Commissioner 5 2018 Annual Report The statutory process for filing an MCIA application with the Integrity Commissioner is different than the process for submitting a code of conduct complaint. For example, the applicant must include "a statutory declaration attesting to the fact that the applicant became aware of the contravention not more than six weeks before the date of the application." The legislation does not require that a specific form be used to make an MCIA application, but the legislation does require that the application include required content. Attached is an application form that covers all the content required by legislation. Municipalities that have not already done so (or issued a similar form) make wish to make it available 7. Access to Integrity Commissioner Reports Subsection 223.6(3) of the Municipal Act provides that "The municipality and each local board shall ensure that reports received from the Commissioner by the municipality or by the board, as the case may be, are made available to the public." Some municipalities make the reports public only by including them in the online agenda packages of the meetings where the reports are considered. A few municipalities devote a Web page (or portion of a page) to the Code of Conduct and the role of the Integrity Commissioner, and post any reports there. While the Municipal Act does not specify how municipalities are to make reports public, the latter approach is obviously more transparent than the former. As a separate initiative, the Canadian Legal Information Institute (CanLII) is working to include integrity commissioner reports in its free, public, online database of Canadian legal decisions and authorities. (CanLII is a non-profit organization engaged by members of the Federation of Law Societies of Canada to establish a virtual library of Canadian legal information.) The collection of integrity commissioner reports, which is continually being updated, as available here: https://www.canlii.org/en/on/onmic/ At the time of writing, the collection includes seven reports involving the Region and its local municipalities. Respectfully submitted, 4 Guy iorno Integrity Commissioner for Regional Municipality of Durham, Township of Brock, Municipality of Clarington, City of Oshawa, City of Pickering, Township of Scugog, Township of Uxbridge, Town of Whitby May 7, 2019 Integrity Commissioner 2018 Annual Report -85- Application for Inquiry into Alleged Contravention of Municipal Conflict of Interest Act About the Applicant Full Name Address Phone Email Applicant is (check one): an elector in the municipality where the Member of Council holds office an individual demonstrably acting in the public interest a corporation (including a municipality) demonstrably acting in the public interest Where the Applicant is a corporation please identify its authorized representative for purposes of this application: About the Allegation Name of the Member of Council who is the subject of the allegation (complete a separate form for each Member who is the subject of an allegation): The Applicant alleges that the Member contravened the following sections of the Municipal Conflict of Interest Act (check all that apply): [ ] section 5 [ ] section 5.1 [ ] section 5.2 -86- The following are the Applicant's reasons for believing that the Member has contravened the above section(s) of the Municipal Conflict of Interest Act: (If more room is required then please attach additional sheets that set out the reasons in consecutively numbered paragraphs, with each paragraph being confined as far as possible to a particular statement of fact. If you wish to include exhibits to support this application then please refer to the exhibits as Exhibit A, B, etc., and attach them to this form.) PLEASE READ BEFORE SIGNING: If the Integrity Commissioner launches an inquiry into an allegation then the content of this form, including the Applicant's identity, will typically be shared with the Member who is the subject of the allegation. Also, information on this form and information obtained during the inquiry, including possibly the identities of the parties involved, might be disclosed in the Integrity Commissioner's published reasons at the end of the inquiry and might be disclosed in an application to the Superior Court. Only sign this application form if you understand and accept the potential for disclosure of your identity and the information you provide. The Applicant applies to the Integrity Commissioner for an inquiry to be carried out concerning the alleged contravention: Signature of Applicant Date (or of representative if Applicant is a corporation) Personal Information on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act and Part V.1 of the Municipal Act and will be used by the Integrity Commissioner to consider this application and to conduct an inquiry into it. Questions about the collection of this information should be directed to the clerk of the municipality. Note: The statutory declaration on the next page is a mandatory part of the application (required by the Municipal Act). It must be declared before a person authorized to take declarations in Ontario (including any Ontario lawyer). -87- DECLARATION Required by subsection 223.4.1(6) of the Municipal Act I, (insert full name), of the (city, town, etc.) of (specify municipality), (add province/country if outside Ontario/Canada) solemnly declare that: 1 I am the Applicant. 1. The Applicant is a corporation and I am its authorized representative. (strike out the line above that does not apply and initial the striking out) 2. I attest to the fact that the Applicant became aware of the Member's alleged contravention of the Municipal Conflict of Interest Act not more than six weeks before today. 2. [In a municipal election year:] I attest to the fact that the Applicant became aware of the Member's alleged contravention of the Municipal Conflict of Interest Act within the period of time starting six weeks before the fourth Friday of July, and ending on voting day. (strike out the paragraph above that does not apply and initial the striking out) 3. I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath. DECLARED before me at the of this day of , 20 A Commissioner, etc. 88 - Applicant or Representative 041_ - PICKERING Memo To: Mayor Ryan May 22, 2019 Members of Council From: P. Bigioni Director, Corporate Services & City Solicitor Copy: Chief Administrative Officer City Clerk Subject: Corr. 10-19 Correspondence received from Ralph Walton, Regional Clerk/Director of Legislative Services, Region of Durham Re: New Regional Smoke -Free By-law (2019 -MOH -2) In formulating the Region's new Smoke-free By-law 28--2019, Regional staff consulted with Pickering staff, as well as with staff from all other lower tier municipalities in Durham. Based in part on Pickering staff input, the Region's new Smoke-free By-law prohibits smoking or vaping (of tobacco, cannabis or any other smoking product): (a) in or within 20 m of any public park; and, (b) on any portion of the property or grounds of the municipal building. The above prohibitions apply directly to City parks and facilities, and will help ensure that parks and facilities are comfortable and welcoming environments for all guests and residents. The new Smoke-free By-law also contains prohibitions related to schools, long-term care homes and other public places. Pursuant to the Municipal Act, the Region's new Smoke-free By-law can only come into force upon the consent of at least 50% of the lower tier municipalities representing at least 50% of electors. Consequently, in its April 26, 2019 letter, the Region has asked for the consent of the City of Pickering to the new Regional By-law. Legal Services and By-law Enforcement staff are satisfied with the new Regional By-law, and recommend that City Council consent to it. PB:sc Attachments: Corr. 10-19 from Ralph Walton, Regional Clerk, Region of Durham, regarding New Regional Smoke -Free By-law By-law 28-2019, Regional Smoke Free By-law 89 - DURHAM REGION The Regional Municipality of Durham Corporate Services Department — Legislative Services 605 Rossland Rd. E. Level 1 P.O. Box 623 Whitby, ON L1 N 6A3 Canada 905-668-7711 1-800-372-1102 Fax: 905-668-9963 durham.ca THIS LETTER HAS BEEN FORWARDED TO THE EIGHT AREA CLERKS April 26, 2019 Ms. S. Cassel Clerk City of Pickering 1 The Esplanade Pickering, ON L1V 6K7 Dear Ms. Cassel: RE: New Regional Smoke -Free By-law (2019 -MOH -2) Our File: P00 Council of the Region of Durham, at its meeting held on April 24, 2019, adopted the following recommendations of the Health and Social Services Committee, which we ask that you present to your Council for consent: A) That Regional Council approve and pass the attached new Regional Smoke -Free By -Law in the form appended to Report #2019 -MOH -2 of the Commissioner & Medical Officer of Health regulating smoking and vaping in public places and the workplace; B) That a copy of the approved Regional Smoke -Free By-law be forwarded to lower -tier municipalities requesting their consent to the passing of the by-law and that notice of such consent be forwarded to the Regional Clerk; C) That notice of receipt of a triple majority (passing of the by-law by Regional Council and receipt of notice of consent from at least 50% of the lower -tier municipalities representing at least 50% of the electors) and final passing of the by-law be provided to Regional Council by the Commissioner & Medical Officer of Health through an Information Report to Health and Social Services Committee and Council; and D) That with the passing of the Regional Smoke -Free By -Law, upon receipt of the triple majority, By -Law 66-2002, a by-law to Regulate Smoking in Public Places and the Workplace, as amended in 2004 and 2007, is hereby revoked. If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097. -90- Page 2 of 2 Attached please find By-law 28-2019, which was passed at the Regional Council meeting on April 24, 2019. Ralph/ W a,Ltavv Ralph Walton, Regional Clerk/Director of Legislative Services RW/ks Attachment c: Dr. Kyle, Commissioner & Medical Officer of Health Authority: Report #2019 -MOH -2 By-law Number 28-2019 of The Regional Municipality of Durham Being a by-law to regulate smoking and vaping in public places and in the workplace. Whereas the Municipal Act, 2001, S.O. 2001 c.25 as amended (the "Municipal Act") authorizes municipalities to pass by-laws respecting health, safety and well-being of persons within their jurisdiction; And whereas subsection 115(5) of the Municipal Act provides that a regional municipality may pass a by-law regarding the smoking of tobacco or cannabis if a majority of the councils of the lower -tier municipalities within the regional municipality representing a majority of the population of the regional municipality approve the exercise of such powers; Now therefore, the Council of The Regional Municipality of Durham hereby enacts as follows: 1. Definitions 1.1 In this by-law, (a) "ashtray" means a receptacle of any type being used for ashes and butts of smoking products; (b) "bar" means an establishment licensed by the Alcohol and Gaming Commission of Ontario where persons under 19 years of age are not permitted to enter, either as a patron or as an employee; (c) "cannabis" has the same definition as in section 2(1) of the Cannabis Act (Canada); (d) "casino" means a place which is kept for the purpose of playing a lottery scheme conducted and managed by the Ontario Lottery and Gaming Corporation under the authority of paragraph 207(1)(a) of the Criminal Code; (e) "common area" means any indoor area of a building or structure that is open to the public for the purpose of access and includes elevators, escalators, corridors, stairways, passageways, hallways, foyers, parking garages, and space for the receiving or greeting of customers, clients or other persons; (f) (g) "designated smoking area" is an outdoor area that may be sheltered with not more than two walls and a roof and must comply with all other applicable rules in the Smoke -Free Ontario Act, 2017 or this by-law; "employee" means a person who performs any work for or supplies any service to an employer with or without compensation and includes owners and volunteers; (h) "employer" means a person who, as an owner, manager, contractor, superintendent, or overseer of any activity, business, work, trade, occupation or profession, has control over or direction of, or is indirectly or directly responsible for, the employment or services of an employee; (i) "enclosed" means closed in by a roof or ceiling and walls with an appropriate opening or openings for ingress or egress, provided that such openings are kept closed when not in use for such ingress or egress; -92- (j) "inspector" means a person appointed by the Region to enforce this by- law; (k) "long-term care home" has the same definition as contained in the Long -Term Care Homes Act, 2007, S.O. 2007, c.8 or any subsequent legislation; (I) "Medical Officer of Health" has the same definition as in section 1(1) of the Health Protection and Promotion Act; (m) "medicinal cannabis" means cannabis prescribed by a health care professional for use in treating and managing illness, the access to which is regulated exclusively by the federal government; (n) "municipal building" means any building or structure owned, leased, controlled or used by the Region or any area municipality in the Region including but not limited to libraries, museums, community centres and recreational facilities; (o) "no -smoking sign" means a sign at least 10 centimetres in diameter showing an illustration of a black, lit cigarette on a white circle surrounded by a red border with a width equal to one tenth of the diameter, with a red diagonal stroke of the same width crossing over the cigarette from the upper left to the lower portion of the circle; (p) (q) "no-vaping sign" means a sign at least 10 centimetres in diameter showing an illustration of a black vape apparatus on a white circle surrounded by a red border with a width equal to one tenth of the diameter, with a red diagonal stroke of the same width crossing over the cigarette from the upper left to the lower portion of the circle; "patio" means a restaurant or bar patio is an area that is not an enclosed public place or an enclosed workplace and that meets all the criteria set out in the following subparagraphs: 1. The public is ordinarily invited or permitted access to the area, either expressly or by implication, whether or not a fee is charged for entry, or the area is worked in or frequented by employees during the course of their employment, whether or not they are acting in the course of their employment at the time. 2. Food or drink is served or sold or offered for consumption in the area, or the area is part of or operated in conjunction with an area where food or drink is served or sold or offered. 3. The area is not primarily a private dwelling; (r) "post -secondary institution" has the same meaning as educational institution in the Post -secondary Education Choice and Excellence Act, 2000 S.O. 2000, c.36; (s) "proprietor" includes the person or persons who own, occupy, operate, maintain, manage, control or direct the activities carried on within any premises referred to in this by-law; (t) "public park" means a municipally owned property containing playgrounds, sports fields, gazebos, covered picnic areas, fountains, splash pads or water parks and the Waterfront Trail or a publicly owned property being used for an outdoor special event with a permit issued by a municipality; (u) "public place" means the whole or part of an indoor area of any place that is open to the public or to which the public has access by right, permission or invitation, express or implied, whether by payment of -93- money or not, and whether publicly or privately owned and includes, without limiting the generality of the foregoing, the indoor area of those places designated as public places in section 2 of this by-law; (v) "public transport vehicle" means any vehicle used for transporting the public and includes a bus and a passenger vehicle used for hire such as a taxi or limousine; (w) "recreational facility" includes, but is not limited to, an arena, swimming pool, concert hall, theatre, auditorium, gymnasium, museum and art gallery; (x) "Region" means the geographic area of the Regional Municipality of Durham or the Regional Municipality of Durham acting as a body corporate, as the context requires; (y) "restaurant" means an establishment engaged in the sale and service of food or drink or both food and drink to the public for consumption on the premises but does not include a bar; (z) "service line" means a line of two or more persons providing, receiving, or awaiting service of any kind, regardless of whether or not such service involves the exchange of money, including but not limited to sales services, provision of information, transactions or advice and transfers of money or goods; (aa) "smoke or smoking" includes but is not limited to the carrying or holding of a lighted cigar, cigarette, pipe, water pipes, hookahs, medicinal cannabis, cannabis, or any other lighted or heated smoking product; (bb) "vape or vaping" means the use and/or activation of a vaporizer or inhalant -type device, whether called an electronic cigarette or any other name, that contains a power source and/or heating element designed to heat a substance and produce vapour intended to be inhaled by the user of the device, whether or not the vapour contains nicotine, medicinal cannabis or cannabis; and (cc) "workplace" means a building or structure or part thereof in which one or more employees work, including but not limited to amenity areas, corridors, eating areas, elevators, entrances, escalators, exits, foyers, hallways, laundry rooms, lobbies, lounges, meeting rooms, parking garages, reception areas, stairways and washrooms, and includes a public transport vehicle and any other vehicle in which an employee works but does not include a private dwelling. 2. No Smoking and/or Vaping in Public Places 2.1 There shall be no smoking or vaping in, or within a 9m radius of any entrance, exit or air intake of, a public place, including but not limited to: a) the prohibited places contained within section 12(1) of the Smoke Free Ontario Act, 2017 S.O. 2017 c.26 or as set out in any subsequent legislation; b) common area; c) public washrooms; d) funeral home; e) racetrack; f) casino; g) bingo hall; h) billiard hall; -94- i) bowling alley; j) hookah and vape lounges; k) restaurant; I) bar; m) patio; n) recreational facility; o) service line whether indoors or outdoors; p) shopping centres, plazas, and/or malls, and; q) public transport vehicle. 2.2 There shall be no smoking or vaping on any portion of the property or grounds of a municipal building. 2.3 There shall be no smoking or vaping on any external portion of the property or grounds of a post -secondary institution, except in a designated smoking/vaping area at least 9m from any entrance, exit or air intake. The inclusion of any designated smoking/vaping area shall be at the individual institution's sole and absolute discretion. 2.4 There shall be no smoking or vaping on any external portion of the property or grounds of a long-term care home except in a designated smoking/vaping area at least 9m from any entrance, exit or air intake. The inclusion of any designated smoking/vaping area shall be at the individual institution's sole and absolute discretion. 2.5 There shall be no smoking or vaping in or within a 20m radius of any public park. 3. Smoking and/or Vaping in Workplaces 3.1 No person shall smoke and/or vape in an enclosed workplace. 3.2 No person shall place an ashtray for the use of smokers in an enclosed workplace. 3.3 No employer shall permit a person to smoke and/or vape in an enclosed workplace. 3.4 No employer shall permit a person to place an ashtray for the use of smokers in an enclosed workplace. 4. Signs 4.1 The proprietor of a public place shall ensure that such public place is posted with no -smoking and no-vaping signs in a conspicuous manner at each entrance to the public place to indicate that smoking and vaping are prohibited. 4.2 Every employer shall ensure that the enclosed workplace is posted with no - smoking and no-vaping signs in a conspicuous manner at each entrance to the workplace to indicate that smoking and vaping prohibited. 5. Enforcement 5.1 The Medical Officer of Health of the Region may, from time to time, appoint inspectors for the purpose of enforcing this by-law. 5.2 An inspector may, at any reasonable time, enter any public place or workplace (other than a private dwelling) without warrant or notice for the purpose of determining whether there is compliance with this by-law. -95- 5.3 An inspector may make such examinations, investigations and inquiries as are necessary to determine whether there is compliance with this by-law. 5.4 A person has a duty to identify themselves when requested by an inspector. 5.5 No person shall hinder, obstruct or interfere with an inspector carrying out an inspection under this by-law. 6. Offence 6.1 Any person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine of not more than $5,000.00 exclusive of costs, as provided in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended. 7. Conflict 7.1 If any provision of this by-law conflicts with any Act, regulation or other municipal by-law, the provision that is the most restrictive shall prevail. 8. Severability 8.1 If any section of this by-law or parts thereof are found by any Court to be illegal or beyond the power of the Region to enact, such section or parts thereof shall be deemed to be severable and all other sections or parts of this by-law shall be deemed to be separate and independent therefrom and to be enacted as such. 9. Legislation 9.1 Any reference in this By-law to all or any part of any statute, regulation, by- law or rule shall, unless otherwise stated, be taken as a reference to that statute, regulation, by-law or rule or the relevant part thereof, amended, replaced or re-enacted from time to time. 10. Set Fines 10.1 Set fines for contraventions of this by-law shall be in accordance with Schedule A to this by-law, attached hereto and forming part of this by-law. 11. Effective Date 11.1 This by-law shall come into force and effect once a triple majority has been obtained in accordance with section 115(5) of the Municipal Act, 2001. 11.2 That by-law 66-2002 shall be repealed on the date this by-law comes into force and effect. This By-law Read and Passed on the 24th day of April, 2019. J. Henry, Regional Chair and CEO R. Walton, Regional Clerk -96- Schedule A Set Fine Schedule ITEM COLUMN 1 Short Form Wording COLUMN 2 Offence Creating Provision COLUMN 3 Set Fine (Includes costs) 1 Smoke in a prohibited place 2 Vape in a prohibited place * * 3 Smoke in an enclosed workplace * * 4 Vape in an enclosed workplace * * 5 Place ashtray in an enclosed workplace * * 6 Failure to prohibit persons from smoking in an enclosed workplace * * 7 Failure to prohibit persons from vaping in an enclosed workplace * * 8 Failure to prohibit persons from placing ashtrays in an enclosed workplace * * 9 Failure to post No Smoking signs in a public place * * 10 Failure to post No Vaping signs in a public place * * 11 Failure to post No Smoking signs in an enclosed workplace * * 12 Failure to post No Vaping signs in an enclosed workplace * * 13. Obstruct Inspector * * Note: The penalty provision for the offences indicated above is Section 10 of the By-law. * These fields will be determined by the Regional Senior Justice of Central Ontario at a later date. _97_ cizo4_ DICKERING Memo To: Susan Cassel City Clerk From: Tim Higgins Accessibility Coordinator Copy: Chief Administrative Officer Directors Subject: Accessibility Advisory Committee - 2018 Year End Report and 2019 Proposed Work Plan File: A-1410-007-19 May 10, 2019 The Pickering Accessibility Advisory Committee (ACC) is pleased to present its 2018 Year End Report and 2019 Proposed Work Plan. 2018 Year End Report The Accessibility Advisory Committee achieved the following in 2018: Meetings and Membership • The Committee maintained its full authorized complement of ten, highly -qualified members throughout the year. The Accessibility Advisory Committee held nine regular meetings, normally on the second Wednesday of each month. • Since 2018 was a municipal election year, all Advisory Committee terms ended in November. Four members retired and were successfully replaced for 2019 forwards. Awareness Activities • Presented 2017 accessibility accomplishments and 2018 Work Plan to City Council on May 14, 2018, identifying priorities for 2018. This presentation provided an opportunity for an exchange of information and ideas on the status of accessibility within the community and how it might be improved for the benefit of all City residents. • AAC members attended various City events including the Your City/Artfest, Accessibility Awareness Week at the Pickering Town Centre, Pickering 101, RibFest, Canada Day, the Durham Regional Police Children's Games, and Tree Lighting to profile the City's accessibility accomplishments, raise awareness of accessibility issues within the community, and consult with the public on accessibility. • AAC representatives attended the Pickering Cenotaph on Remembrance Day to lay a wreath on behalf of the Committee. • Accessible transit letter prepared with respect to the motion approved at Pickering Council on December 11, 2017 in regards to identifying potential improvements to accessible transit in _98- Durham Region. AAC members provided interviews to inform a related Pickering News Advertiser story in January. • Members received a presentation from Pickering Library representatives and participated in a tour of the library's innovative new Maker Space. • Fostered/promoted/supported submissions for local, Regional, and Provincial awards and grants to profile Pickering's accessibility achievements and commitment. • Hosted a children's train at the 2018 Canada Day celebration at Esplanade Park. • Several AAC members attended the 2018 DRPS Children's Games for disabled youth between the ages of 5 and 18 at the Pickering Recreation Complex on October 27tH • An AAC member attended an Aging in Place / Home Modification Conference in Vaughan that provided valuable information with respect to seniors' needs. • An AAC member attended a half-day workshop at the University of Guelph 10th Annual Accessibility Conference on May 28, 2018. Policies, Standards and Implementation • Monitored emerging legislation, regulations, standards, policies, and practices from the Federal, Ontario and other provincial and municipal governments; for example, regarding employment, transportation, affordable/accessible housing, customer service, health, education, the built environment, youth programs after the age of 21, etc. • Participated in the Accessibility Directorate of Ontario's province -wide focus group on accessibility advisory committee best practices. Determined that the processes and achievements of Pickering's Accessibility Advisory Committee compared quite favourably to such committees in other municipalities. • AAC members participated in the Whitby Chamber of Commerce, DiscoverAbility seminar March 15, 2018 which featured Mark Wafer's presentation entitled Employing People with Disabilities. • AAC members participated in the March 21, 2018 "Intersection of Race and Accessibility Forum" hosted by the Canadian Alliance on Race and Disability. • The AAC received several presentations from City staff, and provided advice regarding upcoming accessibility related capital projects budgeted for 2018 such as sidewalk and multi- use paths; Rotary Frenchman's Bay West Park reconstruction; LED streetlights; installation of tactile plates at intersections; and regional roads with open ditches and grading issues. • Monitored various planned or completed City of Pickering improvements, such as the following: o Health & Wellness Centre planned for corner of Brock Road and Taunton Road o Rotary Frenchman's Bay West Park o Pickering Innovation Corridor o Kingston Road Corridor Intensification Study o Self-service kiosks installed at George Ashe Library & Community Centre and Pickering Recreation Complex o Nelson F. Tomlinson Community Centre accessibility improvements May 10, 2019 Accessibility Advisory Committee 2018 Year End Report and 2019 Proposed Work Plan _99 - Page 2 of 9 o Parks maintenance and enhancements o Language translation services • Special AAC guest Ather Shabbar from the Ontario Ministry of the Attorney General and a recent graduate of the Masters of Inclusive program at OCAD University provided a stimulating presentation and discussion, explaining the benefits of Inclusive Design and how it can be used to improve governance and create a more inclusive environment. • AAC member D. Hughes provided a presentation to the Committee on residential accessibility design standards outlining Ontario Building Code requirements as well as additional desirable accessibility features. This presentation profiled emergent best accessibility practices in the residential construction industry. • The AAC received information and expressed support for the proposed Notice of Motion presented by Councillor Brenner and Councillor Cumming, regarding the licensing of service dogs and the clarification to standards for support animals. The motion was subsequently passed by Council noting that that more regulations are needed with respect to service/support animal standards and establishing the expectation for the working group to explore related issues and to report back to Council around March 2019 with an update. The AAC agreed to play a leadership role, suggesting that insights from the City could be brought forward to the new Provincial Government with a view to informing future provincial policy and guideline revisions. • Provided accessibility advice regarding Pickering's new Operation Centre planning and implementation. • Provided advice on 2018 Canada Day preparations including: management of temporary accessible parking; accessible bus routes/stops, and washrooms. • Monitored new staff and volunteer training processes related to accessibility. • Discussed AAC support for a petition that the Older Women's Network (OWN) was bringing forward to the House of Commons with a view to immediately amending the National Building Code of Canada, making it mandatory that all housing in any way under the jurisdiction of the Government of Canada reflect universal design principles. • AAC member D. Hughes provided ongoing updates with respect to Axxess Condos to be developed at the intersection of Pickering Parkway and Valley Farm Road and which are ambitiously planned to be 100% accessible. • City staff presented the AAC with an outline of renovations to be completed at the Pickering Recreation Complex and sought the AAC's input prior to holding an open house for the public in January, 2019. • City staff presented the AAC with an outline of renovations planned for the c. 1970 Fire Hall at 553 Kingston Road (Station 2) to include a barrier free washroom with an adult change table and to provide more privacy within the living areas. • The Committee reviewed provincial funding available to assist persons with disabilities, in particular those turning 21. May 10, 2019 Accessibility Advisory Committee 2018 Year End Report and 2019 Proposed Work Plan - 100 - Page 3 of 9 Collaboration • In March 2018, Pickering AAC members joined Ajax AAC members to perform a joint accessibility audit of the Ajax Welcome Centre. • Received a presentation by representatives of AutoLux Ltd., operating as Rapid City Transportation. This Pickering -based organization provides non -emergency medical transportation for individuals that require special care, and operates across Ontario. Through discussion, Committee members explored AutoLux' approach to accessible transit customer service. • Pickering AAC members hosted seminal discussions with Durham Region Transit and Durham Region Accessibility Coordinators regarding improved standards for specialized accessibility services; the DRT specialized services appeal process; and DRT's accessible customer service. • AAC members attended and made presentations at the Region of Durham Accessibility Advisory Committee regarding enhancing accessible transit to express the intent of the motion passed by the Pickering City Council. Subsequently, accessibility coordinators around the Region attended a meeting with the General Manager of Durham Transit in March to express the need for customer service improvements. The representatives from DRT listened as the area coordinators relayed examples of recent issues residents had experienced, and conceded that regular meetings would be helpful. The area coordinators felt they received positive feedback with a greater commitment from DRT to attend regular meetings for consultation on accessibility, as well as seeking improved communication and consultation with accessibility coordinators across the Region. • AAC members precipitated and participated in a meeting with Durham Transit on June 13tH which included all Accessibility Coordinators across Durham Region, as well as many Accessibility Advisory Committee members from all the Durham municipalities. This was the first major step for Durham Transit to consult with the Durham community on accessibility. • Received a presentation from representatives of the Pickering Public Library addressing: the Pickering Public Library Connect project to support and assist the community through education and training; the wireless hotspot lending program that provides residents access to the internet wherever they go; and mobile circulation services where library representatives visit residents who are unable to leave their homes. • Received a presentation from representatives of the Pickering Soccer Club regarding its innovative "In Motion" program, promotes active living for adults aged 55+, and which is funded by the Ontario Sport and Recreation Communities Fund and the Pickering Soccer Club. • Received a presentation from a representative of WindReach Farms that outlined the various year-round programs for youth and adults with various disabilities offered at the 105 acre, highly accessible, working farm. • Received a presentation from a representative of Parks Canada which profiled creative partnership opportunities to provide greater accessibility to Rouge National Urban Park which covers approximately 35 kilometers from north to south and adjoins the City of Pickering on its eastern boundary. May 10, 2019 Accessibility Advisory Committee 2018 Year End Report and 2019 Proposed Work Plan - 101 - Page 4 of 9 • Received a presentation/update from City staff on progress of the Museum's Conservation Building and provided advice. • Received a City staff presentation on the new Youth Exceptionalities Camp, which aims to provide more programming for youth with special needs. The camp, for youth between the ages of 13 and 19, was designed to help them to socialize and integrate into the community and was held at the Pickering Recreation Complex. • Received a presentation from a resident to seek support for a proposal to locate the Rouge Park Visitor Centre at the park side location of Meadowvale Road, Toronto, for the Rouge National Park. The Committee provided a letter of support since the proposal would enhance Rouge National Park accessibility. • Received a presentation from the Pickering Rouge Canoe Club seeking a letter of support to build accessible docks at Rotary Frenchman's Bay West Park. • During National Access Awareness Week the Pickering AAC shared an information booth on Saturday, May 26th with the Ajax AAC at Pickering Town Centre. • Collaborated and consulted with Regional and Provincial accessibility professionals and advocates, such as the Ontario Network of Accessibility Professionals (ONAP) to stay abreast of emerging issues and successful practices. • Monitored Regional AAC minutes and selectively attended Regional, Provincial, and Federal learning and networking opportunities related to accessibility. • Consulted with the Toronto Region Conservation Authority, Parks Canada, and Altona Forest representatives to consider innovative methods of providing access to rugged, natural outdoor spaces such as the Rouge National Park. • Received presentations from CNIB community ambassadors. For example, the CNIB representatives provided information on ShopTalk, an innovative program for those with sight loss enabling them to explore businesses more easily and independently. • Detective Debby Sabo, Durham Region Police Service, provided the AAC members with a video regarding the 2017 DRPS Children's Games outlining the Games' various events and activities for disabled youth between the ages of 5 and 18. The City of Pickering has actively partnered since 1985 with Durham Regional Police Services, Grandview Children's Centre, the March of Dimes and other community partners to host this annual inclusive event for young athletes with physical disabilities. Detective Sabo noted that the 2018 Games would take place at the Pickering Recreation Complex on October 27th, and invited the AAC members to attend. AAC members provided planning input and a number of them attended the 34th Annual Durham Regional Police Children's Games. • Judy Hanson, President and Founder of Autism Home Base Durham, presented a description of this community organization. Ms. Hanson outlined challenges which prevent individuals from participating in community activities, explaining what autism looks and feels like, as well as public perceptions related to non-traditional disabilities. • T. Lyle-Gravlev of the Pickering Soccer Club presented an update to the AAC on the In Motion program which was designed to create an opportunity for individuals 55+ to become more active. The program which began in January 2018 with 18 participants was reported to currently have grown to approximately 220 participants. The AAC agreed to provide letters of May 10, 2019 Accessibility Advisory Committee 2018 Year End Report and 2019 Proposed Work Plan - 102 - Page 5 of 9 support for grant applications being prepared by the Pickering Soccer Club with respect to the In Motion program. • City staff presented a proposal to the AAC regarding Accessible Service Tariffs for Transportation Network Companies with a view to amending the Taxicab Licensing Bylaw to include Transportation Network Companies, such as Uber. AAC members were asked to provide ongoing feedback to staff on Pickering's accessible taxi cab service levels. • In November 2018 the AAC members met jointly with Pickering's Accessibility Core Staff Team to team -build and network. Site Plan Application Reviews • Continued to work with City staff through an ongoing site plan application review process to encourage the proactive integration of accessibility considerations into the City planning process. The AAC reviewed the following site plans: • 1474 Bayly Street • 1956 Altona Road • 1496 Bayly Street • 2510 Brock Road • 1870 Notion Road • Taunton Road • 895 Sandy Beach Road • 405 Woodsmere Crescent • 1720 Eighth Concession Road • 1902 Bayly Street • Kubota Canada Limited • Universal City Condominiums 2019 Proposed Work Plan Specifically, the Accessibility Advisory Committee aims to achieve the following in 2019: Awareness Activities • AAC members will attend various City events such as the Your City/Artfest, Accessibility Awareness Week at the Pickering Town Centre, Canada Day, the Durham Regional Police Children's Games and Tree Lighting to profile the City's accessibility accomplishments, raise awareness of accessibility issues within the community, and consult with the public on accessibility. May 10, 2019 Accessibility Advisory Committee 2018 Year End Report and 2019 Proposed Work Plan - 103 - Page 6 of 9 Policies, Standards and Implementation • Following a staff presentation on basic procedures for the committee, including quorum, delegations and reporting procedures, the AAC reviewed and endorsed the Committee's Terms of Reference. • Members participated in the province's AAC member orientation webinar. • The Committee reviewed David Onley's report to the Ontario Government on the AODA. • City staff presented the AAC with plans for the Pickering Heritage and Community Centre to house program, archival and storage space all under one roof. Washrooms will be barrier free, with a universal washroom to feature an adult change table. Phase 2 plans include a multi- purpose space for weddings, theatrical groups, a gymnasium, as well as gallery space to accommodate art exhibits with support space to house costumes for Museum volunteers. AAC members discussed surrounding accessibility features and mobility within the facility. • Provide advice on Canada Day preparations including management of temporary accessible parking, accessible shuttle bus routes/stops, and washrooms. • Monitor and provide accessibility advice regarding walkway reconstructions, sidewalk retrofits, new multi -use paths, installation of tactile plates at intersections, curb cuts, traffic light timing, parks, playgrounds, special event accessible parking, etc. AAC members provided specific concerns regarding pedestrian paths of travel and transit stops in the vicinity of Highway 2 and Whites Road. • Monitor new staff and volunteer training process related to accessibility. • Axess Condos representative and AAC member D. Hughes presented members with a video of an interview conducted with Global News showcasing the world's first fully -accessible condos, to be located on land situated on the Pickering Parkway, north of Highway 401. • A Pickering resident appeared before the Committee to share his life experiences and complex challenges in dealing with complex cognitive disabilities. A Committee discussion ensued with members noting issue with respect to employment for the disabled, and the need to change the psychological barriers and stigma that preclude employment opportunities. • Review progress and update Pickering's five year accessibility plan. Collaboration • Members attended and provided input to the Metrolinx Navigation Consultation at the Pickering Go Station on January 23rd • An AAC member attended a focus group meeting with respect to the Kingston Road Corridor Intensification study. • Collaborate and consult with Regional and Provincial accessibility professionals and advocates, such as the ONAP, to stay abreast of emerging issues and successful practices. • Monitor regional AAC minutes and selectively attend regional, provincial and federal learning and networking opportunities; for example, Metrolinx consultation, ONAP conferences, Durham Region Accessibility training and development, etc. May 10, 2019 Accessibility Advisory Committee 2018 Year End Report and 2019 Proposed Work Plan - 104 - Page 7 of 9 • Monitored emerging legislation, regulations, standards, and policies from the Ontario and Federal governments, for example, with respect to employment of people with disabilities. • Foster/promote/support submissions for local, regional and provincial awards and grants to profile Pickering's accessibility achievements and commitment. • Provide advice and support to the City of Pickering's regionally -scoped camp staff training all - day workshop, as part of its Summer Camp Accessibility initiative hosted at the Pickering Recreation Complex. • Continue to engage with Durham Transit and the City of Toronto regarding concerns with delays for specialized transit customers crossing over boundaries into other municipalities. 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 City planning process. Recognition • Presentation of David C. Onley Champion Award for Leadership in Accessibility took place at the April 23rd meeting of Pickering's City Council. The City of Pickering was awarded this (third) Champion Award for its 2017 confederation youth fair that went beyond requirements under the Accessibility for Ontarians with Disabilities Act (AODA) to remove barriers in workplaces and communities. • Review and provide input to the City of Pickering's 2019 Accessibility Compliance Report to the Ontario Ministry for Seniors and Accessibility. Priorities Going forward, the Pickering Accessibility Advisory Committee has identified the following areas of priority: • encouraging and highlighting further examples of accessibility excellence in City programs, services, and facilities • improving public transportation and walk-ability/roll-ability accessibility • promoting more accessible housing options and inventory • facilitating employment opportunities for people with disabilities and showcasing related benefits to local businesses • the Pickering Service Animal Task Group initiative • expanding community programs for youth with disabilities May 10, 2019 Accessibility Advisory Committee 2018 Year End Report and 2019 Proposed Work Plan - 105 - Page 8 of 9 Submitted on behalf of the Pickering Accessibility Advisory Committee members serving in 2018 and/or 2019: Peter Bashaw, Pickering Accessibility Advisory Committee Member Andrew Doucette, Pickering Accessibility Advisory Committee (former) Member Bianca D'Souza, Pickering Accessibility Advisory Committee Member Saima Fatima, Pickering Accessibility Advisory Committee Member Edward Fulton, Pickering Accessibility Advisory Committee (former) Member Donna Holmes, Pickering Accessibility Advisory Committee Member Daniel Hughes, Pickering Accessibility Advisory Committee Member Glenn Lang, Pickering Accessibility Advisory Committee Member Anthony Lue, Pickering Accessibility Advisory Committee Member Vincenza Ronaldi, Pickering Accessibility Advisory Committee (former) Member Megan Thorpe Ross, Pickering Accessibility Advisory Committee Member Jeannette Whynot, Pickering Accessibility Advisory Committee (former) Member Susan Wilkinson, Pickering Accessibility Advisory Committee Member David Wysocki, Pickering Accessibility Advisory Committee Member John McLellan, Ajax -Pickering Board of Trade TH:th May 10, 2019 Accessibility Advisory Committee 2018 Year End Report and 2019 Proposed Work Plan - 106 - Page 9 of 9 DICKERING Memo To: Susan Cassel City Clerk From: Tanya Ryce Supervisor, Cultural Services Copy: Chief Administrative Officer Director, Community Services Cultural Plan Staff Committee Cultural Advisory Committee Members Subject: Cultural Advisory Committee - 2018 Report & 2019 Work Plan File: A-1410-008 May 9, 2019 The Cultural Advisory Committee is pleased to submit for Council's information the 2018 Committee Report and 2019 Work Plan as outlined below. In 2018, the Committee contributed in the following areas: 1. Provided research and feedback on leading practices in cultural planning in Canada and abroad, in support of the City's Cultural Plan. 2. Commented on plans, programs, policies and initiatives developed in support of the Strategic Directions in the City's Cultural Plan including: • Public Art Development & Public Art Policy • Cultural Community Engagement Program, Initiatives and Events • Cultural and Community Organization Capacity Building Initiatives & Programs • Main Street Enhancement Project • City Centre Banner Program • City Festival & Events Manual & Policy development • Place4Arts Program • Cultural Data Portal • Public Art Inventory on the Open Data Portal • Pickering Museum Village Strategic Plan • Heritage Asset Promotions Plan - 107 - 3. Acted as ambassadors to Cultural Partners within the community, encouraging community organizations, residents, and corporate partners to invest and engage in cultural initiatives in Pickering. 4. Assisted staff to develop cross -culture programming by connecting heritage, historic and arts businesses/organizations through a new Community Events Mentorship Program. 5. Worked with staff to suggest improvements that serve to strengthen and broaden the content of Pickering's online Cultural Directory. 6. Attended cultural sector networking and peer-to-peer learning events. 7. Assisted with and supported youth cultural initiatives through PAC4Teens, Artfest, Pickering Stars and the Teen Art Show. 2019 Work Plan In 2019, the committee will continue to contribute to the goals of the City's Cultural Plan in the following ways: 1. Act as ambassadors to Cultural Partners within the community, encouraging community organizations, residents, and corporate partners to invest and engage in cultural initiatives in Pickering. 2. Review and comment on plans and needs in the development and implementation of a new Cultural Portal on the City website. 3. Review and provide feedback to staff on items related to goals of the Cultural Strategic Plan, including action items related to Heritage Recognition, Diversity, and Tourism. 4. Review and provide feedback to staff on the public art program, policy/procedures, and planned public art installations. 5. Provide comment, cultural and historic context, and community feedback; which will be used to form the scope of work for calls to artists, as well as being active members of the Public Art Committee and Jury when within their area of expertise, or realm of experience. 6. Comment on and act as ambassadors for initiatives driving cultural investment and entrepreneurship (i.e. Place4Arts/Cultural Directory, and Community Mentorship). 7. Promote and attend ongoing cultural sector networking and peer-to-peer learning events 8. Engage local business and organizations in cultural initiatives. Propose potential partners and resources, best practice to maximize success of goals and plans. May 9, 2019 Cultural Advisory Committee 2018 Report & 2019 Work Plan - 108 - Page 2 of 3 9. Provide comment, feedback and, when requested, recommendations to Council related to Pickering Museum Village initiatives, deaccessions, accessions, plans, and strategies. 10. Participate in annual updates to Council. May 9, 2019 Cultural Advisory Committee 2018 Report & 2019 Work Plan - 109 - Page 3 of 3 Cassel, Susan From: Cassel, Susan Sent: Tuesday, May 21, 2019 9:18 AM To: Cassel, Susan Subject: FW: motion for Autism resolution From: Liz Wallis > Sent: Friday, May 17, 2019 11:31 AM To: Mayor Web Email <mayor@pickering.ca>; Ashe, Kevin, Councillor <kashe@pickering.ca>; McLean, Bill, Councillor <bmclean@pickering.ca>; Pickles, David, Councillor <dpickles@pickering.ca>; Brenner, Maurice, Councillor <mbrenner@pickering.ca>; Cumming, Ian, Councillor <icumming@pickering.ca>; Butt, Shaheen, Councillor <sbutt@pickering.ca> Cc: Subject: motion for Autism resolution Dear Mayor Ryan and Counsellors Ashe, McLean, Pickles, Brenner, Cumming, Butt, My name is Elizabeth Wallis and I grew up in Pickering, but currently reside in Ajax. I am a wife, mother, and social worker. I am writing to you today to ask your help in presenting a motion/resolution by the City of Pickering to ask Minister Lisa MacLeod to cease the implementation of the new Ontario Autism Program (OAP), as the consequences of this plan is devastating to families. Its lasting effects will also be detrimental to various systems in Ontario currently, as well as for many years to come. Autism is a spectrum disorder and each Autistic person should be prescribed a service plan based on their specific needs. Therapy that is vital for many and can really mean the difference between a person becoming more independent and thus having a greater quality of life, and a person becoming completely dependent on caregivers and the system. The one size fits all approach will leave the moderate to severely Autistic Community especially vulnerable as they will not have adequate funding for intensive therapy that they require to thrive. Funding will be based on age as opposed to needs based. We will have job loss estimated at over 1500 across the province as therapists, social workers, psychologists etc. are laid off. This is already starting to happen at therapy centres across the province. We are into triple digit job losses since the announcement on Feb 6th and the implementation on April 1st. Pickering has benefited from numerous private therapy centre options as well as public providers such as Kinark, Grandview Children's Centre, and Lakeridge. As well, the Durham school systems will be overwhelmed with tens of thousands (currently over 35,000 Autistic children in the province) of Autistic children being thrust into the system Sept 2019, that do not have the skills to be successfully integrated. As of April 20th 2019, the Durham District School Board is anticipating an influx of 350 to 400 students with autism by winter 2020 - about triple the normal amount expected. The Durham Catholic District School Board currently has 437 students diagnosed with Autism. If they are to expect similar numbers as the DDSB, they will almost double their current Autistic population in just a few months! The already under resourced schools will not be able to provide sufficient supports, and now they too face budget cuts which are negatively impacting students with disabilities. This will affect the mainstream students as well. This plan is very short-sighted with dire implications and it needs to be paused! Please join municipalities such as Shelburne, Halton Hills, Mississauga, Bradford, Waterloo, Brock, and Brampton to pass a resolution to pause the plan and provide needs -based funding for all. Whitby and Scugog have also recently written letters of support to Pause the Plan and support needs -based therapy, and Ajax and Oshawa are presenting the motion at their next counsel meeting. Attached for your information are screenshots of the resolutions for Shelburne, Mississauga, Bradford, Waterloo, Brampton, Brock, and Whitby. Let's not have Pickering be left behind by the other municipalities! Please show your support for our most vulnerable citizens! Please let me know of a convenient time we can meet and/or speak and discuss further. Your help and guidance would be greatly appreciated by myself and the broader Autism Community. Looking forward to hearing from you, Elizabeth Wallis "There can be no keener revelation of a society's soul than the way in which it treats its children" - Nelson Mandela 041_ PICKERING (,od- PICKERING Memo To: Mayor Ryan and May 27, 2019 Members of Council From: Elizabeth Martelluzzi Planner II, Heritage Copy: Chief Administrative Officer Directors Chief Planner Subject: Heritage Pickering Advisory Committee 2018 Year End Report and 2019 Workplan The Heritage Pickering Advisory Committee (Heritage Pickering) is pleased to present its 2018 accomplishments and proposed 2019 Workplan: 2018 Accomplishments • Reviewed and recommended approval of 2 Heritage Permit Applications for properties located in the Whitevale Heritage Conservation District. • Recommended addition of the property at 4993 Brock Road to the City of Pickering Municipal Heritage Register as a Non -Designated Property. • Assisted with the review of 22 heritage properties in the Rouge National Urban Park by providing information found in the City's Inventory of Federal Buildings. • Assisted with the preparation of a Delegation By-law, which was then approved by Council in September 2018, to improve the efficiency of the Heritage Permit Application process. 2019 Workplan • Continue to review Heritage Permit applications for properties located in the Whitevale Heritage Conservation District and for individually designated properties. • Continue to provide recommendations regarding heritage lots in Seaton and pursue designation opportunities. • Continue to provide comments on development applications for properties that are located in or adjacent to the Whitevale Heritage Conservation District, designated and listed properties, or properties with potential significant cultural heritage resources. • Continue to identify and conduct background research for properties that exhibit potential heritage significance. - 112 - • Prepare required materials for Council's consideration for properties that are recommended to be designated under Part IV of the Ontario Heritage Act. • Continue to assist with review of heritage properties in Rouge National Urban Park. • Investigate and consult with stakeholders regarding the design of new Whitevale Heritage Conservation District Signs. • Explore possible financial incentives to assist property owners of designated heritage properties or owners of properties located within the Whitevale Heritage Conservation District to encourage the appropriate maintenance and protection of important heritage attributes. • Continue to identify and pursue training opportunities. • Encourage the development of a publicly accessible heritage mapping tool. • Improve the online presence of Heritage Pickering and knowledge of heritage resources in Pickering. Submitted on behalf of the Heritage Pickering Advisory Committee: Current Membership: Nalisha Asgarali Sherry Croteau Jennifer Dempsey Wickham Jamadar Emil John Asim Khan Richard Smiles Charles Sopher EM:so J:\ Documents \Administration\A-3300\Workplans\2019\2019 Workplan.docx May 27, 2019 2018 Year End Report and 2019 Workplan - 113 - Page 2 of 2 4,1 Central Lake Ontario Conservation Inambiep,of2O• servation Ontario May 17, 2019 via email to alex.mcleodAontario.ca Mr. Alex McLeod Natural Resources Conservation Policy Branch Ministry of Natural Resources and Forestry 300 Water Street Peterborough ON K9J 8M5 Dear Mr. McLeod: 100 Whiting Avenue Oshawa, Ontario L1H 3T3 Phone (905) 579-0411 Fax (905) 579-0994 Web: www.cloca.com Email: mail@cloca.com Subject: Central Lake Ontario Conservation Authority Comments for Conservation Authority Development Permits Environmental Registry of Ontario Notice Number 013-4992 CLOCA IMS No: ASLA3 At their meeting of May 14, 2019 the Central Lake Ontario Conservation Authority (CLOCA) Board of Directors passed the following Resolution: Res. #54 Moved by C. Leahy Seconded by I. McDougall THAT the Analysis Commentary in Staff Report 5639-19 be endorsed and submitted to the Province of Ontario and Conservation Ontario as CLOCA's comments regarding Environmental Bill of Rights Registry Posting 013-4992; and, THAT the Minister of Natural Resources and Forestry be requested to share any proposed regulations in draft form with CLOCA for meaningful consultation prior to enactment; THAT Staff Report 5639-19 be circulated to Watershed Municipalities, Members of Provincial Parliament, Members of Parliament and adjacent Conservation Authorities for their information. CARRIED 1 of 2 What we do on the land is mirrored in the water - 114 - Central Lake Ontario Conservation Ministry of Natural Resources and Forestry May 17, 2019 Accordingly, please find the endorsed Staff Report containing the comments of the Central Lake Ontario Conservation Authority enclosed with this letter. Yours truly, calf;iymet,(4- Chris Jones, MCIP, RPP Director of Planning and Regulation CJ/ Encl. CLOCA Staff Report 5639-19 cc: Hon. Erin O'Toole, MP (Durham) Erin.OToole@parl.gc.ca Colin Carrie, MP (Oshawa) Colin.Carrie@parl.gc.ca Celina Caesar-Chavannes, MP (Whitby) Celina.Caesar-Chavannes@parl.gc.ca Hon. Mark Holland, MP (Ajax) Mark.Holland@parl.gc.ca Jennifer O'Connell, MP (Pickering—Uxbridge) Jennifer.00onnell@parl.gc.ca Hon. Rod Phillips, MPP (Ajax), Minister of the Environment, Conservation and Parks rod.phillipsco@pc.ola.org Lindsey Park, MPP (Durham) kindsey.parkco@pc.ola.org Jennifer K. French, MPP (Oshawa) JFrench-CO@ndp.on.ca Lorne Coe, MPP (Whitby – Oshawa) lorne.coeco(a,pc.ola.org Hon. Peter Bethlenfalvy, MPP (Pickering -Uxbridge), President of the Treasury Board peter.bethlenfalvyco(a,pc.ola.org Ralph Walton, Regional Municipality of Durham, ralph.walton@durham.ca Alec Harras, Town of Ajax, Alexander.harras@ajax.ca Anne Greentree, Municipality of Clarington, agreentree@clarington.net Clerk, City of Oshawa, clerks@oshawa.ca Debbie Shields, City of Pickering, clerks@pickering.ca JP Newman, Township of Scugog, jnewman@scugog.ca Debbie Leroux, Township of Uxbridge dleroux@town.uxbridge.ca Chris Harris, Town of Whitby, harrisc@whitby.ca Linda Laliberte, Ganaraska Region Conservation Authority, llaliberte@grca.on.ca Mark Majchrowski, Kawartha Conservation, MMajchrowski@kawarthaconservation.com Mike Walters, Lake Simcoe Region Conservation Authority, m.walters@lsrca.on.ca Dan Marinigh, Otonabee Conservation, dmarinigh@otonabee.com John MacKenzie, Toronto and Region Conservation Authority, john.mackenzie@trca.on.ca Nicholas Fisher, Conservation Ontario, nFischer@conservationontario.ca g:\planning\planning\comments\2019\ca development regulation ero posting_cloca comments.doc What we do on the land is mirrored in the water - 115 - tot REPORT CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY DATE: May 14, 2019 FILE: ASLA3 APPROVED BY C.A.O. S.R.: 5639-19 TO: Chair and Members, CLOCA Board of Directors FROM: Chris Jones, Director of Planning and Regulation SUBJECT: Proposed Provincial Changes to CLOCA's Development Regulation The purpose of this report is to provide a review and detailed commentary for proposed provincial changes to CLOCA's regulatory powers under the Conservation Authorities Act in response to a recent policy proposal posted to the Environmental Registry of Ontario on April 5th Background On April 5, 2019, the Ministry of Natural Resources and Forestry (MNRF) posted a notice on the Environmental Registry of Ontario of proposed changes to the Conservation Authorities Act entitled "Focusing conservation authority development permits on the protection of people and property." Staff report 5633-19, which was received for information by the Board of Directors at its last meeting on April 16, 2019, briefly summarized the provincial notice and committed to review proposed changes in detail and present comments for Board consideration and endorsement for the May 14, 2019 meeting. In releasing the policy proposal, the Minister of Natural Resources and Forestry, the Honourable John Yakabuski stated that "Improving the efficiency and effectiveness of our regulations is a critical component of our government's strategy for strengthening Ontario's resiliency to extreme weather events." Further, the news release accompanying the registry posting advised that the recommended changes "support conservation and environmental planning and improve Ontario's resilience to climate change" and that "losses associated with flooding and natural hazards in Ontario are lower than those experienced in other jurisdictions due to Ontario's prevention -first approach, achieved in part through the planning and regulatory approaches delivered by conservation authorities." CLOCA currently regulates Development, Interference with Wetlands and Alterations to Shorelines and Watercourses through a regulation made by CLOCA directly and approved by the Minister of Natural Resources in 2006 (Ontario Regulation 42/06). The Conservation Authorities Act currently defines five critical terms used in the regulation directly in the Act, as summarized in the following table: Current Defined Terms in the Conservation Authorities Act Term Definition in subsection 28 (25) of the Act Development • Construction, reconstruction, erection or placing a building or structure of any kind; • Any change to a building or structure that would have the effect of altering the use or potential use of the building or structure, increasing the size of the building or structure or increasing the number of dwelling units in the building or structure; • Site grading; and, • Temporary or permanent placing, dumping or removal of any material, originating on the site or elsewhere. Hazardous Land Land that could be unsafe for development because of naturally occurring processes associated with flooding, erosion, dynamic beaches or unstable soil or bedrock. Pollution Any deleterious physical substance or other contaminant that has the potential to be generated by development in a regulated area. - 116 - Cont'd FILE: ASLA3 S.R.: 5639-19 May 14, 2019 Current Defined Term Terms in the Conservation Authorities Act Definition in subsection 28 (25) of the Act Watercourse An identifiable depression in the ground in which a flow of water regularly or continuously occurs. Wetland Land that: • Is seasonally or permanently covered by shallow water or has a water table close to or at its surface; • Directly contributes to the hydrological function of a watershed through connection with a surface watercourse; • Has hydric soils, the formation of which has been caused by the presence of abundant water, and; • Has vegetation dominated by hydrophytic plants or water tolerant plants, the dominance of which has been favoured by the presence of abundant water, But does not include periodically soaked or wet land that is used for agricultural purposed and no longer exhibits a wetland characteristic as described above. Defining the terms listed above directly in the Act means that any change would have to be approved by the Legislative Assembly through the review and passage of a Bill. In 2017, through the passage and enactment of the Building Better Communities and Conserving Watersheds Act, 2017 the Ministry of Natural Resources and Forestry (MNRF) was given new broad regulation -making powers under the Conservation Authorities Act to define and establish how conservation authorities undertake their regulatory functions. These changes do not require any further legislative scrutiny and may be passed by the government at any time, subject to the notice obligations imposed on the government by the Environmental Registry of Ontario. It is therefore critical to ensure that any new regulations are drafted in a manner that meets the government's objectives and ensures that people and property are protected. Proposed Changes and Analysis 1. Repeal of CLOCA's Ontario Regulation 42/06 and Replace With One Ontario -wide Regulation MNRF is proposing to repeal all existing conservation authority development regulations and replace them with one Ontario -wide regulation that would cover all 36 conservation authorities to be enacted by the Minister. The Ministry states that this approach would, consolidate and harmonize the existing regulations. The Ministry proposes to "still allow... for local flexibility based on differences in risks posed by flooding and other natural hazards." Analysis: It is not possible to meaningfully comment on the appropriateness of this approach in the absence of a draft regulation to consider. The Ministry has been given this power in 2017, as described above. The posting in this regard is essentially an announcement of its intent to use this power. Factors to consider are: • The need to have a meaningful opportunity to review a draft regulation prior to enactment. • The need to ensure that CLOCA's local context is considered in the regulation including: o maintaining the existing reference to the Lake Ontario Shoreline Management Plan and any future updates; o maintaining an appropriate regulatory flood event standard in the regulation; o ensuring that wetland protection in the regulation is appropriate for our portion of southern Ontario in the context of the Oak Ridges Moraine, Greenbelt, Growth Plan and other provincial and local wetland protection policy; o ensuring that CLOCA will continue to have the ability to keep locally prepared and up to date regulation area mapping integrated with the regulation. • Ensure that the regulation addresses shoreline alteration, including alterations to the Lake Ontario shoreline. • Use, readability and administrative efficiency: that the consolidated and harmonized regulation is clear, easy to use and not overly cumbersome and complicated, as it will have to address the needs of 36 conservation authorities and their local contexts. - 117 - Cont'd FILE: ASLA3 S.R.: 5639-19 May 14, 2019 2. Update Definitions for Key Regulatory Terms to Better Align with Other Provincial Policy MNRF is proposing to update definitions for the critical terms used in the regulation, including "wetland," "watercourse," and "pollution." Analysis: Again, it is not possible to evaluate the appropriateness or effectiveness of this proposal in the absence of draft definitions and draft regulatory language. Factors to consider are: • The need to have a meaningful opportunity to review the draft definition text prior to enactment. • Maintain the definitions for "Development," "Watercourse" and "Pollution," as they have specific legal meaning and application which are appropriate and have been refined over time to ensure that the regulation can be administered efficiently and effectively along with other related legislation, especially the Planning Act, and the Building Code Act, 1992. • Ensure that the definition of "wetland" better aligns with land use policy including the definition of wetland in the Provincial Policy Statement and the provincial land use plans such as the Greenbelt Plan. • Recognize that all wetlands in a watershed have a hydrologic function that helps mitigate against flooding and erosion hazards. 3. Define Undefined Terms Including "Interference," and "Conservation of Land" MNRF is proposing to newly define terms in the Conservation Authorities Act and new regulation that are currently undefined including the concepts of "Interference" and "Conservation of Land" in a manner that is "consistent with the natural hazard management intent of the regulation." Analysis: Defining concepts and terms that are currently undefined could have a significant impact on the efficiency and effectiveness of CLOCA's ability to regulate for the purposes of protecting people and property and on long-term protection through an integrated approach with the land use planning system. Ontario needs to maintain a prevention - first approach, which means ensuring the regulation operates at watershed, subwatershed and site-specific scales to ensure that natural heritage features that maintain the hydrologic integrity of a watershed are protected for the long- term. Practically, this means that wetlands, valleylands and stream corridors need to be protected from impairment or destruction due to development or alteration. Since the Ministry has not provided draft definitions for "Interference" or "Conservation of Land" and the associated regulatory provisions, it is not possible to meaningfully comment on the appropriateness or effectiveness of this proposal. Factors to consider include: • The need to have a meaningful opportunity to review the draft definition text prior to enactment. • The hydrological imperative to protect wetlands, valleylands and stream corridors from hydrologic impairment from development or alteration specifically and cumulatively at a watershed, subwatershed and site-specific scale. • The Ministry must not narrowly define terms so as to negate the critical prevention -first approach that is most appropriate and effective. • "Interference" needs to address hydrologic impairment or removal in relation to all wetlands and watercourses within a watershed including any anthropogenic act or instance which hinders, disrupts, degrades or impedes in any way the hydrologic and ecologic function of a wetland or watercourse. • "Conservation of Land" needs to address hydrologic impairment and prevention or aggravation of erosion or slope stability associated with wetlands, watercourses and their corridors and valleylands at all scales appropriate to maintain and improve the hydrologic integrity of a watershed. • The language in the posting implies that other terms in the legislation could be defined; meaningful notice and consultation on any terms must be provided by the Ministry prior to enactment to ensure efficient and effective local administration of the regulation(s). • Implementing technical policy and guidelines must be provided in a timely fashion and developed collaboratively between the relevant ministries, Conservation Ontario and individual conservation authorities. - 118 - Cont'd FILE: ASLA3 S.R.: 5639-19 May 14, 2019 4. Reduce Regulatory Restrictions Between 30m and 120m of a Wetland and Where A Hydrological Connection has been Severed MNRF is proposing to reduce the effect of the regulation for larger wetlands (above 2 hectares in size). Currently, the regulated area extends 120m around the wetland "where development could interfere with the hydrologic function of a wetland." Analysis: The current intent and effect of the regulation is to regulate development up to 120m from certain wetlands (larger wetlands above 2 hectares in size and Provincially Significant Wetlands) and potentially prohibit certain development activities in instances where there would be an unacceptable impairment of the hydrologic function of a wetland. In the CLOCA watershed, this provision has the effect of including large areas of land within the regulated area in instances where there are many large or significant wetlands. It may be reasonable to focus the regulation in these areas but only in a manner that maintains wetland hydrologic protection and that is administratively efficient and effective. The Ministry should evaluate the types of development that can interfere with the hydrologic function of a wetland and clearly regulate those activities. This could include: larger scale site grading, fill placement and compaction, servicing and utility construction, infrastructure works that require a Permit to Take Water, and the development of large impervious surfaces or structures (a threshold used in the provincial plans could be development over 500m2 in size. In any event, the Ministry needs to provide a draft concept and a meaningful opportunity to provide comment prior to enactment of any implementing regulation(s). 5. Reducing effect of Regulation where there is no Hydrological Connection MNRF is also proposing to reduce the effect of the regulation where a hydrological connection has been severed. Analysis: CLOCA currently takes a pragmatic approach to the regulation in instances where the hydrological connection to a wetland has been severed due to previous development activity by "clipping" the regulated area. For example, the Taunton North community in Whitby benefits from the many Provincially Significant Wetlands located along an east - west band of the former Lake Iroquois Beach. As development has been reviewed and approved in these areas, the regulated area has been "clipped back" to ensure that the residential neighbourhoods are not over -regulated in instances where there is no reasonable prospect of further interference with the nearby wetland communities due to development activity. This is illustrated in the figure below. The areas shaded green would otherwise extend into the adjacent subdivisions: Wetland and Wetland Regulated area (Green) "Clipped" Wetland Regulated Area Boundary (i.e. no 120m Boundary Adjacent Area) .19 - 119 - Cont'd FILE: ALSA3 S.R.: 5639-19 May 14, 2019 While CLOCA's current practice is to "clip" the regulated area boundary in certain instances so as to reduce the effect of the regulation where a hydrological connection has been severed, it's clear that this can be undertaken now without the imposition of new regulatory language. Should the Ministry enact a regulation that would require conservation authorities to undertake clipping or other similar regulatory approaches, meaningful notice and consultation on any proposed regulatory text must be provided by the Ministry prior to enactment to ensure efficient and effective local administration of the regulation(s). Implementing technical policy and guidelines must be provided in a timely fashion and developed collaboratively between the relevant ministries, Conservation Ontario and individual conservation authorities. 6. Exempt Low -Risk Development Activities from Requiring a Permit and Allow Conservation Authorities to Further Exempt Low -Risk Development Activities Through Policy MNRF is proposing to exempt low-risk development activities from requiring a permit and enabling conservation authorities to further exempt low-risk development activities from requiring a permit in accordance with adopted conservation authority policies. Analysis: In the context of natural hazards, the apparent increasing frequency and severity of storm events, and the need to protect people and property in varying contexts that may not be predictable, it is critical that the existing enabling definition of development, which includes the construction, reconstruction, erection or placing a building or structure of any kind is maintained intact without any arbitrary fettering that might be enshrined in regulation out of context. All regulatory decisions made under the Conservation Authorities Act are made in a specific context. This context involves the location of works, the scale, the risk of the development, the contextual risk in terms of the presence and severity of the hazards and specific risks to people, for example, the ability of people to seek refuge away from the a flood plain in the event of a flooding event. As the definition and regulation of development is necessarily broad in order to ensure that varying contexts are addressed, smaller -scale works are currently often `exempted' from the regulation either by existing CLOCA policy or by sound professional judgement of staff. This has been CLOCA' s standard operational mode in recent years and is subject to both senior management and Board oversight (i.e. monthly permit reports to the Board of Directors). As the Ministry has not provided any examples of what is considered to be "low-risk development" or draft regulation text, is not possible to meaningfully comment on the appropriateness of this approach. However, it is recommended that instead of a rigid regulatory approach from the Ministry (that may not be appropriate in certain circumstances), the Ministry create a policy document, which would provide conservation authorities with province -wide and consistent guidance articulating types and contextual settings for "low-risk development" and direction as to how and when it might be exempt from permit obligations. Implementing technical policy and guidelines must be provided in a timely fashion and developed collaboratively between the relevant ministries, Conservation Ontario and individual conservation authorities. With respect to enabling conservation authorities to further exempt low-risk development activities from requiring a permit in accordance with adopted conservation authority policies, this is a current business practice at CLOCA and many (if not all) other conservation authorities that should not require further regulatory burden from the Ministry to implement, but should also be addressed in the guidance recommended above. In any event, the Ministry needs to provide a draft concept and a meaningful opportunity to provide comment prior to enactment of any implementing regulation(s). Cont'd - 120 - FILE: ALSA3 S.R.: 5639-19 May 14, 2019 7. Require Conservation Authorities to Develop, Consult On, Make Publicly Available and Periodically Review Internal Policies that Guide Permitting Decisions MNRF is proposing to enact a regulation(s) requiring conservation authorities to develop, consult on, make publicly available and periodically review internal policies that guide permitting decisions. Analysis: CLOCA first adopted a comprehensive suite of policies, following a period of public consultation, through the Policy and Procedural Document for Regulation and Plan Review in 2013. The document has always been a public facing document and is available on our website for viewing and downloading. The document contains a commitment for periodic review, which has also been incorporated in to the corporate Strategic Plan work plan for staff. Accordingly, this activity is standard business practice that does not require a ministerial regulation in order to compel CLOCA to undertake this work. CLOCA's policies were developed, in part, on province -wide policies that were developed collaboratively between Conservation Ontario and individual conservation authorities, including the Section 28 Committee of Conservation Ontario. If the Ministry wishes to prescribe such matters as the development, consultation requirements, accessibility and review period of internal policies, it should prepare model guidance in collaboration with Conservation Ontario and individual conservation authorities before sharing a draft regulation(s) for meaningful comment prior to enactment. Depending upon the nature of the ministry's regulation, there could be additional imposed costs on CLOCA in terms of the consultation approach prescribed and the level of staff time required to meet any Ministry imposed regulatory obligations. 8. Require Conservation Authorities to Notify the Public of Changes to Mapped Regulated Areas Such as Flood Plains or Wetland Boundaries MNRF is proposing to prescribe through regulation conservation authority business practices related to notification of changes to mapped regulated areas. Analysis: Understanding implications of this proposed regulatory requirement is challenging in the absence of a proposed new province -wide regulation, as discussed under item number 1 above, and the associated design of the mapping in support of the regulation. CLOCA developed its initial regulated area mapping in support of the 2006 regulation through a public consultation process, as mandated at the time by the Ministry of Natural Resources and the Conservation Ontario Section 28 Regulations Committee. Periodic housekeeping amendments have been made since the initial 2006 mapping through reporting to the Board of Directors. CLOCA staff support a public notification of changes to mapped regulated areas. Further, it should be understood that the regulated area mapping, under the current regulatory framework, does not change the legal effect as to whether or not an activity is regulated or not, as the maps are not statutory, and it is the textual provisions of the regulation that actually determine whether or not certain lands are regulated or not and whether the proposed activity is regulated or not. This is due to the reality that the regulation and its administration is entirely contextual, as is appropriate, given the nature of regulating both dynamic natural hazards and the interface of development of varying scales with natural hazards. Accordingly, the Ministry should not prescribe an overly rigid notification standard that would be confusing for landowners and the public in relation to the true operation and legal effect of the regulation. In any event, the Ministry needs to provide a draft concept, draft text, and a meaningful opportunity to provide comment prior to enactment of any implementing regulation(s). Finally, depending upon the nature of the Ministry's regulation, there could be additional imposed costs on CLOCA in terms of the consultation approach prescribed and the level of staff time required to meet any Ministry imposed regulatory obligations. Cont'd - 121 - FILE: ALSA3 S.R.: 5639-19 May 14, 2019 9. Require Conservation Authorities to Establish, Monitor and Report on Service Delivery Standards MNRF is proposing to enact a regulation(s) that would require conservation authorities to establish, monitor and report on service delivery standards including requirements and time lines for determination of complete applications and time lines for permit decisions. Analysis: It is not clear from the statement of intent above whether or not the Ministry will prescribe exactly what the service delivery standards would be or whether that would be determined by each individual conservation authority, as the Ministry has not proposed any draft regulatory text related to this proposal. Depending upon the nature of the regulation, there could be significant budgetary implications imposed upon CLOCA based on what service standard might be prescribed or there could be limited budgetary implications if a locally created standard is permitted. CLOCA' s current staff compliment and budget is premised on providing a reasonable standard of service that is tuned to the varying demand for service placed on CLOCA. The demand for our services depends upon the economic environment and the amount of development activity proposed within the watershed. In turn, staffing levels are adjusted based on fee-for-service revenues determined by the annual fee schedule updates. In recent years, CLOCA has been nearing full cost recovery for planning and regulation services, which means that this area of CLOCA's budget is not supported by the property tax base (or by provincial funding transfers). The Ministry should respect and understand (especially in the absence of a financial partnership) the local budgetary and management decisions that have led to this local solution to the financing and management of CLOCA' s planning and regulation services without imposing centralized regulations that may not be sensitive to local conditions. Any prescribed time lines for permit decisions must take into account the concept of a `complete application' and that CLOCA cannot be required to make positive regulatory decisions in the absence of complete or accurate submissions given CLOCA' s obligation to due diligence in carrying out its regulation functions. In any event, the Ministry needs to provide a draft concept, draft text, and a meaningful opportunity to provide comment prior to enactment of any implementing regulation(s). Conclusion In announcing the proposal, Ontario has stated that conservation authority regulations "are a critical component of Ontario's approach to reducing risks posed by flooding and other natural hazards and strengthening Ontario's resiliency to extreme weather events." As a critical component of environmental and public safety law, the provincial government needs to ensure that any changes are well vetted by the individual conservation authorities that are responsible for financing, local administration and customer service required for efficient and effective delivery. As noted throughout this report, it is critical that draft regulation text be shared for a meaningful consultation prior to enactment. RECOMMENDATIONS: THAT the Analysis Commentary in Staff Report 5639-19 be endorsed and submitted to the Province of Ontario and Conservation Ontario as CLOCA's comments regarding Environmental Bill of Rights Registry Posting 013- 4992; and, THAT the Minister of Natural Resources and Forestry be requested to share any proposed regulations in draft form with CLOCA for meaningful consultation prior to enactment; THAT Staff Report 5639-19 be circulated to Watershed Municipalities, Members of Provincial Parliament, Members of Parliament and adjacent Conservation Authorities for their information. CJ/bb s:\reports\2019\sr5639_19.docx - 122 - PICKERING Report to Council Report Number: FIN 10-19 Date: May 27, 2019 From: Stan Karwowski Director, Finance & Treasurer Subject: Inter -Creditor Agreement Between Elexicon Energy, Elexicon Corporation, Municipal Shareholders and Toronto Dominion Bank Recommendation: 1. That Report FIN 10-19 of the Director, Finance & Treasurer be approved; 2. That Council pass the attached By-law, approving the Inter -Creditor Agreement between the Toronto Dominion Bank, the Town of Ajax, the Municipality of Clarington, the City of Belleville, the Town of Whitby, the City of Pickering and Elexicon Corporation and Elexicon Energy Inc.; 3. That the Mayor and City Clerk be authorized to execute the required agreements to give effect thereto; and 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: On April 1, 2019, the merged companies of Whitby Hydro and Veridian became operational under the new corporate name of Elexicon. With the new company, many of the previous agreements and or contracts have to be revised to reflect the new corporate entity. The report is asking Council to approve the By-law and corresponding agreement between Toronto Dominion (TD) Bank, Elexicon and its municipal shareholders. The inter -creditor agreement establishes the priority status of TD's debt over the existing municipal shareholder debt (promissory notes). This agreement is similar to the previous agreement that Veridian Corporation had with TD Bank and its municipal shareholders. Financial Implications: The City's largest investment is now in Elexicon and its subsidiaries and Pickering owns 27.88 per cent of Elexicon and holds $25.069 million in promissory notes. - 123 - FIN 10-19 May 27, 2019 Subject: Inter -Creditor Agreement Between Elexicon Energy, Elexicon Page 2 Corporation, Municipal Shareholders and Toronto Dominion Bank Discussion: Last year, the high level business plan for the merged company and its subsidiaries included borrowing funds to grow and expand the business. The new entity would use their expertise and knowledge in energy and energy related fields to establish new ventures and pursue business opportunities. The business case that supported the merger projected higher dividends for its municipal shareholders as a result of the successful business ventures. In order to gain access to this capital (debt), Elexicon and its subsidiaries requires the inter -credit agreement to be approved which is a condition of the Toronto Dominion Bank. The inter credit agreement establishes the priority of debt repayments of which the TD debt has a higher priority status than the promissory notes held by the municipal shareholders. In other words, Elexicon and its subsidiaries can continue to make promissory note payments as long as there is no default in any loan payment due to TD Bank. If Elexicon fails to make a loan payment to TD Bank, then all promissory note payments to the shareholder must stop until the TD loan is brought into good standing. Attachments: 1. Elexicon Corporation Memorandum, April 9, 2019 2. By-law to Authorize the Execution of an Inter -Creditor Agreement with Elexicon Energy Inc., Elexicon Corporation, Municipal Shareholders and Toronto Dominion Bank Prepared By: Original Signed By : Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer Approved/Endorsed By: Original Signed By: Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Original Signed By: Tony Prevedel, P.Eng. Chief Administrative Officer - 124 - The Corporation of the City of Pickering By-law No. Being a by-law to authorize the execution of an inter -creditor agreement between the Toronto Dominion Bank, the Town of Ajax, the Municipality of Clarington, the City of Belleville, the Town of Whitby, the City of Pickering and Elexicon Corporation and Elexicon Energy Inc. Whereas the Council of the Corporation of the City of Pickering deems it necessary to enter into an agreement with Toronto Dominion Bank, the Town of Ajax, the Municipality of Clarington, the City of Belleville, the Town of Whitby, Elexicon Corporation and Elexicon Energy Inc., for the purposes of an Inter -creditor agreement. Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute the said Agreement in the form attached as Schedule "A" to this By-law. By-law passed this 27th day of May 2019. David Ryan, Mayor Susan Cassel, City Clerk - 125 - elexic©n ;p TACHMEN # i __TO REPORT MEMORANDUM To: Brian Cousins, Treasurer and Carol Hinze, Deputy Treasurer, City of Belleville Trevor Pinn, Treasurer, Municipality of Clarington Sheila Strain, Treasurer, Town of Ajax Stan Karwowski, Treasurer, City of Pickering Ken Nix, Treasurer, Town of Whitby From: Laurie McLorg, Senior Advisor and Ramona Abi-Rashed, Senior Advisor Elexicon Energy Inc. Date: April 9, 2019 Re: Inter -creditor Agreement between Elexicon Energy, Elexicon Corporation, the City of Belleville, the Municipality of Clarington, the Town of Ajax, the City of Belleville, the Town of Whitby and the Toronto -Dominion Bank Elexicon Energy Inc. and Elexicon Corporation are in the process of entering into new credit facility agreements with Toronto -Dominion (TD) Bank. The new credit facilities will incorporate features of the existing facilities of each of Veridian Connections Inc., Veridian Corporation and Whitby Hydro Electric Corporation and will also expand the borrowing capacity of Elexicon Energy to provide for capital investment funding requirements anticipated over the next 5 years. The high level financial plans for Elexicon Energy Inc. include ensuring maintaining debt to capitalization ratios on par with industry norms and within any requirements of shareholder agreements, while providing agreed upon levels of shareholder dividend and interest payments. This memorandum is a request to the Elexicon shareholders to execute an inter -creditor agreement (ICA). Promissory notes that are owed to the shareholders from Elexicon are subordinate to Elexicon obligations to any other financial institutions or lenders. The ICA provides a confirmation of this subordination to the bank and sets out how each of the creditors will service the borrower and how each of the debts of the borrower rank in relation to each other for payment. As creditors of Elexicon Corporation and Elexicon Energy, the municipal shareholders are required to be signatories to the ICA. The predecessor Veridian shareholders are signed parties to an existing ICA with the TD Bank, confirming that their promissory notes are subordinated to TD Bank loans and credit facilities. This existing ICA was executed in 2009 when Veridian first borrowed from TD Bank for its capital spending requirements. The Town of Whitby was not a signed party to an ICA with Whitby Hydro Electric Corporation and TD Bank as the TD Bank held a General Security Agreement (GSA), which had the same effect of confirming that their shareholder promissory notes were subordinated to the debt of TD Bank. The new ICA is very similar to the existing Veridian ICA and has been thoroughly reviewed and accepted by Elexicon legal counsel. Elexicon respectfully requests Council to execute the inter -creditor agreement as appended. Laurie McLorg cc Ramona Abi-Rashed Paul Murphy, Board Chair — Elexicon Energy Inc. Norm Fraser— Interim CEO, Elexicon Energy Inc. Patrick McNeil — Board Chair — Elexicon Corporation - 127 - Schedule "A" AMENDED AND RESTATED INTER -CREDITOR AGREEMENT BETWEEN: THIS AGREEMENT made as of the day of April, 2019. THE TORONTO -DOMINION BANK, a Canadian chartered bank (herein called the "Senior Creditor") - and - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON, a municipal corporation existing under the laws of the Province of Ontario (herein called "Clarington") - and - THE CORPORATION OF THE TOWN OF AJAX, a municipal corporation existing under the laws of the Province of Ontario (herein called "Ajax") - and - THE CORPORATION OF THE CITY OF PICKERING, a municipal corporation existing under the laws of .the Province of Ontario (herein called "Pickering") - and - THE CORPORATION OF THE CITY OF BELLEVILLE, a municipal corporation existing under the laws of the Province of Ontario (herein called "Belleville") - and - THE CORPORATION OF THE TOWN OF WHITBY, a municipal corporation existing under the laws of the Province of Ontario (herein called "Whitby") 286077.00073/103863988.4 Internal - 128 - -2- - and - ELEXICON CORPORATION, a corporation amalgamated under the laws of the Province of Ontario (herein called "Parent Borrower") - and - ELEXICON ENERGY INC., a corporation amalgamated under the laws of the Province of Ontario (herein called "Regulated Borrower") WHEREAS the Obligors and certain of the Creditors are party to an inter - creditor agreement dated December 23, 2009 (as amended prior to the date hereof, the "Existing ICA"); AND WHEREAS the Obligors and the Creditors wish to amend and restate the Existing ICA on the terms and conditions set forth herein; NOW THEREFORE THIS AGREEMENT WITNESSES that, in consideration of the mutual covenants herein contained and other good and valuable consideration, given by each of the parties hereto (the receipt and sufficiency of which are hereby acknowledged by all of the parties hereto), the parties hereto hereby agree with each other as follows: ARTICLE 1 INTERPRETATION 1.1 Definitions. The following defined terms shall for all purposes of this agreement, or any amendment hereto, have the following respective meanings unless the context otherwise specifies or requires or unless otherwise defined herein: "Business Day" means any day other than a Saturday or Sunday on which banks are generally open for business in Toronto, Ontario. "Credit Agreements" means the Parent Borrower Credit Agreement and the Regulated Borrower Credit Agreement and "Credit Agreement" means either of them. "Creditors" means the Senior Creditor and the Subordinated Creditors and "Creditor" means any of the Creditors. "Default" means any of the events of default specified in any Loan Agreement entitling a Creditor to demand or accelerate payment of any Obligations. 286077.00073/103863988.4 Internal - 129 - -3- "Demand" means any notification by any of the Creditors to either Obligor of a demand for payment under any Loan Agreement. "Insolvency Legislation" means the Bankruptcy and Insolvency Act (Canada), the Companies' Creditors Arrangement Act (Canada), the Bankruptcy Code (United States) and any similar statute or law in any jurisdiction. "Loan Agreements" means the Senior Loan Agreements and the Subordinated Loan Agreements and "Loan Agreement" means any one of the Loan Agreements. "Obligations" means Senior Obligations and the Subordinated Obligations. "Obligors" means the Parent Borrower and the Regulated Borrower. "Parent Borrower Credit Agreement" means the credit agreement made as of April , 2019 between the Parent Borrower and the Senior Creditor, as the same may be amended, modified, supplemented or replaced from time to time. "Regulated Borrower Credit Agreement" means the credit agreement made as of April , 2019 between the Regulated Borrower and the Senior Creditor, as the same may be amended, modified, supplemented or replaced from time to time. "Senior Loan Agreements" means all documents, instruments and agreements evidencing the Senior Obligations, including, without limitation, the Credit Agreements. "Senior Obligations" means all indebtedness, obligations and liabilities, present or future, direct or indirect, absolute or contingent, matured or not, at any time owing by the Parent Borrower or Regulated Borrower to the Senior Creditor or remaining unpaid by the Parent Borrower or Regulated Borrower to the Senior Creditor under or in connection with the Senior Loan Agreements. "Subordinated Creditors" means Clarington, Ajax, Pickering, Whitby and Belleville. "Subordinated. Loan Agreements" means any agreement entered into from time to time between either Obligor and any of the Subordinated Creditors evidencing any Subordinated Obligations, including, without limitation, the following: (a) the fifth amended and restated term promissory note in the principal amount of $5,966,000 dated April 1, 2019 and made by the Regulated Borrower in favour of Clarington; (b) the fifth amended and restated term promissory note in the principal amount of $5,588,000 dated April 1, 2019 and made by the Regulated Borrower in favour of Belleville; 286077.00073/103863988.4 Internal - 130 - -4- (c) the fifth amended and restated term promissory note in the principal amount of $14,060,000 dated April 1, 2019 and made by the Regulated Borrower in favour of Ajax; (d) the fifth amended and restated term promissory note in the principal amount of $17,974,000 dated April 1, 2019 and made by the Regulated Borrower in favour of Pickering; (e) the seventh amended and restated term promissory note in the principal amount of $2,206,000 dated April 1, 2019 and made by the Parent Borrower in favour of Belleville; (1) the seventh amended and restated term promissory note in the principal amount of $5,550,000 dated April 1, 2019 and made by the Parent Borrower in favour of Ajax; (g) the seventh amended and restated term promissory note in the principal amount of $7,095,000 dated April 1, 2019 and made by the Parent Borrower in favour of Pickering; (h) the seventh _amended and restated term promissory note in the principal amount of $2,355,000 dated April 1, 2019 and made by the Parent Borrower in favour of Clarington; (i) the first amended and restated term promissory note in the principal amount of $1,460,300 dated April 1, 2019 and made by the Regulated Borrower in favour of Whitby; (j) the first amended and restated term promissory note in the principal amount of $5,061,000 dated April 1, 2019 and made by the Regulated Borrower in favour of Whitby; (k) the first amended and restated term promissory note in the principal amount of $21,816,642 dated April 1, 2019 and made by the Regulated Borrower in favour of Whitby; (1) the guarantee dated April 1, 2019 made by Elexicon Corporation in favour of Clarington in respect of the Subordinated Loan Agreement referred to in paragraph (a) of this definition; (m) the guarantee dated April 1, 2019 made by Elexicon Corporation in favour of Belleville in respect of the Subordinated Loan Agreement referred to in paragraph (b) of this definition; (n) the guarantee dated April 1, 2019 made by Elexicon Corporation in favour of Ajax in respect of the Subordinated Loan Agreement referred to in paragraph (c) of this definition; 286077.00073/103863988.4 Internal 131 - 5 (o) the guarantee dated April 1, 2019 made by Elexicon Corporation in favour of Pickering in respect of the Subordinated Loan Agreement referred to in paragraph (d) of this definition; (p) (q) the guarantee dated April 1, 2019 made by Elexicon Corporation in favour of Whitby in respect of the Subordinated Loan Agreement referred to in paragraph (i) of this definition; the guarantee dated April 1, 2019 made by Elexicon Corporation in favour of Whitby in respect of the Subordinated Loan Agreement referred to in paragraph (j) of this definition; and (r) the guarantee dated April 1, 2019 made by Elexicon Corporation in favour of Whitby in respect of the Subordinated Loan Agreement referred to in paragraph (k) of this definition. "Subordinated Obligations" means all indebtedness, obligations and liabilities, present or future, direct or indirect, absolute or contingent, matured or not, at any time owing by either Obligor to any of the Subordinated Creditors or remaining unpaid by either Obligor to any of the Subordinated Creditors under or in connection with the Subordinated Loan Agreements. 1.2 Other Usages. References to "this agreement", "the agreement", "hereof, "herein", "hereto" and like references refer to this Inter -Creditor Agreement and not to any particular Article, Section or other subdivision of this Inter -Creditor Agreement. Any references to "this agreement", "the agreement", "hereof, "herein", "hereto" and like references refer to this Inter -Creditor Agreement as amended, supplemented or otherwise modified from time to time in accordance with the terms hereof. 1.3 Plural and Singular. Where the context so requires, words importing the singular number shall include the plural and vice versa. 1.4 Headings. The division of this agreement into Articles, Sections and the insertion of headings in this agreement are for convenience of reference only and shall not affect the construction or interpretation of this agreement. 1.5 Applicable Law. This agreement shall be governed by and construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any legal action or proceeding with respect to this agreement may be brought in the courts of the Province of Ontario and, by execution and delivery of this agreement, the parties hereby accept for themselves and in respect of their property, generally and unconditionally, the non-exclusive 286077.00073/103863988.4 Internal - 132 - -6 - jurisdiction of the aforesaid courts. Each party irrevocably consents to the service of process out of any of the aforementioned courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to such party to the address prescribed by Section 6.11, such service to become effective five Business Days after such mailing. Nothing herein shall limit the right of any party to serve process in any manner permitted by law or to commence legal proceedings or otherwise proceed against any other party in any other jurisdiction. 1.6 Time of the Essence. Time shall in all respects be of the essence of this agreement. 1.7 Paramountcy. In the event of any conflict or inconsistency between the provisions of this agreement and the provisions of any other agreement (including, for certainty, the Subordinated Loan Agreements) which is referred to herein or delivered pursuant hereto, the provisions of this agreement shall prevail and be paramount. 1.8 No Rights Conferred on the Obligors. Nothing in this agreement shall be construed as conferring any rights upon the Obligors or any third party. The terms and conditions hereof are and shall be for the sole and exclusive benefit of the Creditors. ARTICLE 2 CONSENT 2.1 Consent of Creditors. Each Creditor consents to the incurring of the Obligations by the Obligors and waives any Default that the incurring of the Obligations may have constituted under the terms of the Loan Agreements. ARTICLE 3 PRIORITY OF OBLIGATIONS 3.1 Priority of Obligations. Except as otherwise expressly provided in Section 3.3, the Subordinated Obligations shall be and are hereby postponed and made subordinate in right of payment to the prior payment in full in cash of the Senior Obligations. 3.2 Prohibited Payments to Subordinated Creditors. Except as otherwise expressly provided in Section 3.3, the Obligors shall not make nor be entitled to make, and the Subordinated Creditors shall not accept and shall not be entitled to accept, any payment or prepayment of principal, interest or other amount under the 286077.00073/103863988.4 Internal - 133 - -7 - Subordinated Loan Agreements, whether in the form of cash, securities or otherwise and whether by way of payment, set off or otherwise. 3.3 Permitted Payments to the Subordinated Creditors. So long as no Bank Default Notice (as defined below) has been sent by the Senior Creditor and continues to be effective or no Default would result directly or indirectly from any payment described below, as between the parties hereto, the Obligors shall be permitted to pay the Subordinated Creditors and the Subordinated Creditors shall be permitted to receive, regularly scheduled payments on account of interest (but not principal) in accordance with the Subordinated Loan Agreements. If a Default occurs and a notice of such Default (a "Bank Default Notice") is sent by or on behalf of the Bank to the Obligors and the Subordinated Creditors, the payments otherwise permitted under this Section 3.3 shall not be permitted to be made or received from the date of the Bank Default Notice until such time as the Default which is the subject of such Bank Default Notice has been cured or waived. 3.4 Certain Covenants of Subordinated Creditors. The Subordinated Creditors shall not and shall not be entitled to without the Senior Creditor's prior written consent: (a) accelerate the time for payment of any of the Subordinated Obligations or otherwise enforce or take any action to enforce payment of all or any part of the Subordinated Obligations, whether by way of set off or otherwise, unless and until all indebtedness of the Obligors to the Senior Creditor under or in connection with the Credit Agreements has become immediately due and payable pursuant to the terms thereof; (b) petition either of the Obligors into bankruptcy or initiate any similar proceeding under any applicable Insolvency Legislation: (c) amend, alter or otherwise modify the Subordinated Loan Agreements in a manner that may reasonably be expected to adversely impact the Senior Creditor; or (d) hold or obtain any security from the Obligors or any person on their behalf, for payment or performance of the Subordinated Obligations. 3.5 Distributions. To the extent not otherwise permitted under the Credit Agreement, the Obligors shall not make nor be entitled to make, and the Subordinated Creditors shall not accept nor be entitled to accept the payment of any dividends or other distribution on or in respect of any shares in the capital of the Obligors. The Obligors shall not make nor be entitled to make, and the Subordinated Creditors shall not accept nor be entitled to accept the redemption, retraction, purchase, retirement or other acquisition, in whole or in. part, of any shares in the capital of the Obligors or 286077.00073/103863988.4 Internal - 134 - -S- any securities, instruments or contractual rights capable of being converted into, exchanged or exercised for shares in the capital of the Obligors, including, without limitation, options, warrants, conversion or exchange privileges and similar rights. Notwithstanding the foregoing, the Subordinated Creditors shall be entitled to convert their interest under the Subordinated Loan Agreements as provided for therein. 3.6 Effect of Non -Compliance. In the event any prepayments or other payments are made to or received by the Subordinated Creditors in contravention of this agreement, the Subordinated Creditors shall hold such prepayments or payments in trust for the Senior Creditor and shall not commingle such proceeds with any of their own funds and shall forthwith pay such prepayments or payments to the Senior Creditor to be applied by the Senior Creditor in reduction of the Senior Obligations. Any action taken or thing done by any Subordinated Creditors in contravention of this agreement shall be null and void and of no effect. ARTICLE 4 REMEDIES 4.1 Remedies. The Obligors and the Subordinated Creditors hereby agree that all covenants, provisions and restrictions contained herein are necessary and fundamental in order to establish the respective priorities of the Creditors in connection with the Obligations, and that a breach by any of the Obligors or the Subordinated Creditors of any such covenant, provision or restriction would result in damages to the Senior Creditor that could not adequately be compensated by monetary award. Accordingly, it is expressly agreed by the Obligors and the Subordinated Creditors that in addition to all other remedies available to it including, without limitation, any action for damages, the Senior Creditor shall be entitled to the immediate remedy of a restraining order, interim injunction, injunction or other form of injunctive or other relief as may be decreed or issued by any court of competent jurisdiction to restrain or enjoin the Obligors or the Subordinated Creditors from breaching any such covenant, provision or restriction. 4.2 Default Notice. Each Creditor 'agrees to give written notice to each other Creditor simultaneously with or immediately after the delivery to either of the Obligors of any written notice of a Demand or a Default. Failure of a Creditor to give notice as provided in this Section 4.2 shall not affect the priorities established or other agreements provided for herein, nor shall such Creditor be liable for failure to give any such notice nor shall any such failure in any way limit or derogate from the obligations of the other Creditors. 286077.00073/103863988.4 Internal - 135 - -9- ARTICLE 5 REPRESENTATIONS AND WARRANTIES OF THE SUBORDINATED CREDITORS 5.1 Representations and Warranties of the Subordinated Creditors. Each of the Subordinated Creditors hereby represents and warrants to the Senior Creditor as follows and acknowledges and confirms that the Senior Creditor is relying upon such representations and warranties in extending credit to the Obligors under the applicable Senior Loan Agreements: (a) each Subordinated Creditor is a municipal corporation duly incorporated and organized and validly subsisting under the laws of its jurisdiction of incorporation. Each Subordinated Creditor has all requisite corporate capacity, power and authority to enter into, and cany out the transactions contemplated by, this agreement; (b) all necessary action, corporate or otherwise, has been taken to authorize the execution, delivery and performance of this agreement by each Subordinated Creditor and each Subordinated Creditor has duly executed and delivered this agreement, This agreement is a legal, valid and binding obligation of the Subordinated Creditor, enforceable against each Subordinated Creditor by the Senior Creditor in accordance with its terms. ARTICLE 6 MISCELLANEOUS 6.1 Consent of the Obligors. Each Obligor, by its execution hereof, hereby agrees to be bound by, and shall act in accordance with, the terms, provisions and intent of this agreement. 6.2 Information Exchange. Each Creditor agrees to disclose to each other Creditor upon reasonable request from time to time the aggregate amounts then owing by the Obligors to it and whether it has any actual knowledge of any Default. Each Obligor hereby consents to each Creditor providing the other Creditor with such information, financial or otherwise, regarding the Obligors and the Creditors' respective Obligations as may be deemed advisable by the Creditors from time to time. 6.3 Non -Impairment of the Senior Creditors' Rights. No right of the Senior Creditor to enforce its rights hereunder shall at any time or in any way be prejudiced or impaired by any act or failure to act on the part of the Obligors or by any act or failure to act by the Senior Creditor, or by any non-compliance by the Obligors or the Subordinated Creditors with the terms of this agreement, regardless of any knowledge thereof which the Senior Creditor may have or be otherwise charged with. Without the Subordinated 286077.00073/103863988.4 Internal - 136 - - 10 - Creditors' consent, the Senior Creditor may extend, renew, modify, or increase the Senior Obligations or amend or waive the terms of the Senior Loan Agreements and otherwise deal freely with either Obligor, all without affecting the liabilities and obligations of the Obligors and the Subordinated Creditors hereunder and without causing or constituting a breach of or default under any of the Subordinated Obligations. Notwithstanding the foregoing, the Senior Creditor agrees to provide the Subordinated Creditors with prior written notice of any such extension, renewal, modification, amendment or increase in the Senior Obligations in accordance with the notice provisions contained in 6.11 hereof provided that the inadvertent failure to provide such notice shall not result in any liability of the Senior Creditor to the Subordinated Creditors. 6.4 Waivers and Amendments. No failure or delay by the Senior Creditor in exercising any right hereunder shall operate as a waiver of such right nor shall any single or partial exercise of any power or right preclude its further exercise or the exercise of any other power or right. Any term, covenant, condition or obligation of this agreement may only be amended with the written consent of all of the parties hereto or compliance therewith may only be waived (either generally or in a particular instance and either retroactively or prospectively) by the Senior Creditor in writing arid in any such event the failure to observe, perform or discharge any such term, covenant, condition or obligation, so amended or waived (whether such amendment is executed or such consent or waiver is given before or after such failure), shall not be construed as a breach of such term, covenant, condition or obligation. 6.5 Liability of Subordinated Creditors. The Senior Creditor hereby acknowledges and agrees that, except as may be expressly provided for herein, the Subordinated Creditors are not and will not be liable in any way for payment or performance of the Senior Obligations. 6.6 Severability. Each provision of this agreement is intended to be severable and if any provision is illegal, invalid or unenforceable, such illegality, unenforceability or invalidity shall not affect the validity of this agreement or the remaining provisions. 6.7 Counterparts. This agreement may be executed in any number of counterparts, all of which shall be deemed to be an original and such counterparts taken together shall constitute one agreement, and any of the parties hereto may execute this agreement by signing any such counterpart. 6.8 Further Assurances. The parties hereto agree to execute and deliver such further and other documents and perform and cause to be performed such further and other acts and things as may be necessary or desirable in order to give full effect to this agreement and every part thereof. No party to this agreement shall take any action whereby the priorities and rankings set out in this agreement might be impaired or defeated. 286077.00073/103863988.4 Internal - 137 - -11- 6.9 Assignment. This agreement shall enure to the benefit of and shall be binding upon the respective successors (including, without limitation, any trustee in bankruptcy or liquidator) and permitted assigns of the parties hereto. The Subordinated Creditors shall not assign any of their rights and obligations hereunder or under the Subordinated Loan Agreements. The rights and the obligations of the Senior Creditor hereunder may be assigned by the Senior Creditor in whole or in part without the consent of the other parties hereto but only in connection with or as part of an assignment by the Senior Creditor of its rights under the Credit Agreement. 6.10 Entire Agreement. This agreement contains the entire understanding of the parties with respect to the priority of the Obligations and supersedes any prior agreements, undertakings, declarations, representations and understandings, both written and verbal, in respect of the priority of the Obligations. There are no restrictions, agreements, promises, warranties, covenants or undertakings relating to the priority of the Obligations other than those set forth in this agreement. 6.11 Notices. Except as otherwise provided herein, all notices and other communications provided for herein shall be in writing and shall be personally delivered to an officer or other responsible employee of the addressee or sent by telefacsimile, charges prepaid, at or to the applicable addresses or telefacsimile numbers, as the case may be, set out opposite the relevant party's name below or at or to such other address or addresses, telefacsimile number or numbers as any party hereto may from time to time designate to the other parties in such manner. Any communication which is personally delivered as aforesaid shall be deemed to have been validly and effectively given on the date of such delivery if such date is a Business Day and such delivery was made during normal business hours of the recipient; otherwise, it shall be deemed to have been validly and effectively given on the Business Day next following such date of delivery. Any communication which is transmitted by telefacsimile as aforesaid shall be deemed to have been validly and effectively given on the date of transmission if such date is a Business Day and such transmission was made during normal business hours of the recipient; otherwise, it shall be deemed to have been validly and effectively given on the Business Day next following such date of transmission. (a) In the case of the Senior Creditor: The Toronto -Dominion Bank South -East Commercial Banking Centre 2 King Street East Oshawa, Ontario L1H 7L3 Attention: Director, Corporate Banking Telefax: (905) 576-9147 286077.00073/103863988 4 Internal - 138 - - 12 - (b) In the case of the Obligors: Elexicon Corporation/Elexicon Energy Inc. 55 Taunton Road East Ajax, Ontario LIT 3V3 Attention: Vice -President, Corporate Affairs and Secretary Treasurer Telefax: (905) 619-0210 (c) In the case of Clarington: The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario Li C 3A6 Attention: Mayor Telefax: (905) 623-5717 (d) In the case of Ajax: The Corporation of the Town of Ajax 65 Harwood Avenue South Ajax, Ontario Li S 2H9 Attention: Mayor Telefax: (905) 683-1061 (e) In the case of Pickering: The Corporation of the City of Pickering 1 The Esplanade Pickering, Ontario L 1 V 3P4 Attention: Mayor Telefax: (905) 420-9695 (f) In the case of Whitby: (g) Corporation of the Town of Whitby 575 Rossland Rd. E Whitby, ON LIN 2M8 In the case of Belleville: The Corporation of the City of Belleville 169 Front Street Belleville, Ontario K8N 2Y8 286077.00073/103863988.4 Internal - 139 - - 13 - Attention: Mayor Telefax: (613) 967-3209 6.12 Termination of Agreement. This agreement shall terminate and shall be of no further force or effect upon the earlier to occur of: (a) all Senior Obligations being repaid in full and all commitments of the Senior Creditor under the Senior Loan Documents having been terminated; and (b) the written agreement of the Senior Creditor to such effect. 286077.00073/103863988.4 Internal - 140 - IN WITNESS WHEREOF the parties hereto have executed this agreement. THE TORONTO -DOMINION BANK 286077.00073/103863988.4 Internal By: Name: Title: By: Name: Title: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: Name: Title: By: Name: Title: THE CORPORATION OF THE TOWN OF AJAX By: Name: Title: By: Name: Title: - 141 - 286077.00073/103863988.4 Internal THE CORPORATION OF THE CITY OF PICKERING By: Name: Title: By: • Name: Title: THE CORPORATION OF THE CITY OF BELLEVILLE By: Name: Title: By: Name: Title: THE CORPORATION OF THE TOWN OF WHITBY By: Name: Title: By: Name: Title: - 142 - 286077.00073/103863988.4 Internal ELEXICON CORPORATION By: Name: Title: By: Name: Title: ELEXICON ENERGY INC. By: Name: Title: By: Name: Title: - 143 - DICKERING Report to Council Report Number: CS 29-19 Date: May 27, 2019 From: Marisa Carpino Director, Community Services Subject: Canada Cultural Investment Fund: Strategic Initiatives - Pickering Museum Village Cultural Tourism Project - File: F-4800 Recommendation: 1. That Council endorse the City of Pickering's application to the Canada Cultural Investment Fund for the Pickering Museum Village Cultural Tourism project by way of a Council resolution; 2. That a copy of this report be forwarded to Jennifer O'Connell, MP, Pickering -Uxbridge; and, 3. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. Executive Summary: City staff will submit an application to the Canada Cultural Investment Fund offered by the Department of Canadian Heritage to initiate a cultural tourism project intended to increase audiences through tourism product development at Pickering Museum Village (PMV). The Canada Cultural Investment Fund (CCIF) was identified by staff as an ideal grant program because it encourages partnership and sound business practices to help arts and heritage organizations be better rooted and recognized in their communities. In order to be eligible, the project museum directly benefit a number of not-for-profit professional arts and/or heritage organizations, demonstrate improvement in business practices or revenue diversification of professional arts or heritage organizations, involve the collaboration of at least three partners, and have measurable results. Financial Implications: The City is requesting up to $170,000 as a cash contribution from CCIF, which would be realized over three fiscal years (2020, 2021, 2022). PMV's matching contribution from the current budget in 2020 is comprised of $5,000 for staff costs (2744.1100), and $15,000 for marketing costs (2744.2210). PMV's matching contribution from the current budget in 2021 is comprised of $5,000 for staff costs (2744.1100), and $15,000 for marketing costs (2744.2210). The total value of the project is $363,200, comprised of cash and in-kind contributions from the project partners: PMV, Central Counties Tourism, Durham Tourism, the Station Gallery, 3x60 Theatre Company and Robert McLaughlin Gallery. - 144 - CS 29-19 May 27, 2019 Subject: Canada Cultural Investment Fund: Strategic Initiatives Page 2 Discussion: In 2013, in consultation with the community, the City of Pickering embarked on a Cultural Strategic Plan that would guide arts, heritage and cultural initiatives of the City. From that initiative, several strategic directions were identified: 1) broaden and deepen City leadership and investment in arts, heritage and culture; 2) build a strong and collaborative cultural sector; 3) strengthen culture -led economic development; 4) conserve and promote history and heritage; and, 5) cultivate opportunities for the creation, education and enjoyment of the arts. The Cultural Strategic Plan recommends that the City of Pickering establish tourism as a corporate priority, with a strong emphasis on cultural tourism. This project fulfills the strategic directions outlined in the culture plan by: 1) Broadening and deepening City leadership and investment in arts, heritage and culture. This project represents a direct investment of $363,200 in arts, heritage and culture. Beyond the project value, this project will build our capacity to increase our earned revenue through programs and admissions sales. 2) Building a strong and collaborative cultural sector by working with other arts, heritage and cultural organizations in the region, alongside tourism organizations; we will be creating a collaborative marketing campaign and tourism products that are expected to sustain past the life of this project. 3) Strengthening culture -led economic development by attracting new tourists to the region. Central Counties Tourism and Durham Tourism, with support from cultural partners will work to lengthen tourist's stay in the region, bringing investment and tourism spending to our cultural properties and attractions, along with businesses in the region. 4) Conserving and promoting history and heritage by offering new heritage -based cultural tourism experiences that explore Pickering's rich history and material culture in fun and memorable ways. 5) Cultivating opportunities for the creation, education and enjoyment of the arts as PMV and our arts, heritage and cultural partners expand and enhance our program and service offering to new audiences. In 2017, PMV undertook its own strategic planning which included extensive community consultation. This planning is paired with a recent master site use study and recommendations completed by Lord Cultural Resources in 2019. From these two strategic planning initiatives the following needs were identified: a) The need for PMV to increase capacity to grow audiences; b) The need to grow audiences during low, yet accessible seasons (weekdays from June to September and evenings from April to November); c) The need to expand services and offerings from primarily a school market to more diversified audience segments. This need to diversify and grow audiences will be amplified when the new Heritage Centre is constructed at PMV in 2022; d) The need to increase awareness of PMV, and improve our marketing capabilities and resources; and e) The need to target programming and services that are self -sustainable, revenue -generating and annually renewable. This project meets all of the identified needs for the museum. - 145 - CS 29-19 May 27, 2019 Subject: Canada Cultural Investment Fund: Strategic Initiatives Page 3 The purpose of this report is to receive a Council resolution endorsing the request for CCIF funding as a required condition of the grant program. Attachments: 1. Canada Cultural Investment Fund General Application Form 2. Canada Cultural Investment Fund Application Budget Prepared By: Original Signed By: Laura Gibbs Supervisor, Museum Services :mc Approved/Endorsed By: Original Signed By: Marisa Carpino Director, Community Services Recommended for the consideration of Pickering City Council Original Signed By: Tony Prevedel, P.Eng. Chief Administrative Officer - 146 - Canadian Patrimoine Heritage canadien ATTACHMENT#_1 TO REPORT# CS 9 Canada Application Form Strategic Initiatives Component Canada Cultural Investment Fund (CCIF) - 147 - Canadian Patrimoine Heritage canadien Application Form Strategic Initiatives Component Canada Cultural Investment Fund FOR OFFICEUSEION Protected B when completed TABLE OF CONTENTS Section 1- General Application Form A - Lead Applicant Identification B - Lead Applicant Contact Information C - Project Information D - Affirmation Section 2 - Detailed Application A - Lead Applicant Eligibility B - Project Details C - Action Plan and Performance Measurement D - Partners E - Budget Annex I - Checklist IMPORTANT 1. Before completing the application form, please review the Guidelines for the Strategic Initiatives component of the Canada Cultural Investment Fund. 2. For assistance call (819) 997-3955 or toll free 1-866-811-0055 or e-mail PCH.Datrimoinecanadienfcic- canadianheritageccif.PCH@canada.ca. 3. The Application Form, the Budget Form and all supporting documents identified in the Checklist (Annex I) form an integral part of a complete application. Incomplete applications may be rejected. 4. The application must be postmarked on or before the deadline as posted on the Strategic Initiatives website. 5. To facilitate the assessment process, please do not staple documents or bind the documents into a folder, a binder, or any kind of presentation package. Print one-sided only. 6. To ensure confidentiality of your personal information, completed forms must not be transmitted electronically to the Department. 7. Any expenses incurred before the application is approved are undertaken at the applicant's own risk. 8. Please note that unless otherwise indicated, all fields in the application form are required. SEND COMPLETED APPLICATIONS TO: Strategic Initiatives Component Canada Cultural Investment Fund Department of Canadian Heritage 25 Eddy Street, 13th Floor, Room 297 (25-13-V) Gatineau, Quebec K1A 0M5 - 148 - Canadian Patrimoine Heritage canadien FOR OFFICE USE ONLY Protected B when completed Section 1 - General Application Form Strategic Initiatives Component, Canada Cultural Investment Fund A - Lead Applicant Identification Al - Lead applicant information Incorporated name (full legal name) Corporation of City of Pickering Operating name (if different from incorporated name) Pickering Museum Village Previous name (if applicable) A2 i' Legal status Q Federal incorporation O Provincial Territorial incorporation Q Indigenous peoples institution or organization Other (please specify) municipal Corporate registration number 108078593 Date of incorporation: (YYYY-MM-DD) 2000-01-01 Registered with the Canada Revenue Agency as a Charitable Organization 0 Yes 0 No A3 Civic address Number, Street, Suite or Apartment Number 2365 6th Concession Road City Pickering Province/Territory Ontario Postal Code LOH1H0 Website pickeringmuseumvillage.ca A4 - Mailing address (if different from above) Number, Street, Suite or Apartment Number/Post Office Box 1 The Esplanade City Pickering Province/Territory Ontario Postal Code L1V 6K7 - Lead Applicant Contact Information The "application contact" is the person authorized to sign the application form and who has the authority to legally bind the applicant. The application form must be signed by this person. The "primary contact" is the person responsible for completing this application form and the person in your organization most familiar with its contents. The Program will contact this person first if further information is required. The application and primary contacts can be the same. 131 Application contact (authorized signatory) Name Stan Karwowski Title Treasurer Salutation �. Mr. 0 Mrs. 0 Ms. 0 Other (specify) Preferred language of communication Q English 0 French Telephone 905-420-4660 Ext. 4640 Fax E-mail skarwowski@pickering.ca Pag e3 of3w 9 1+1 Canadian Patrimoine Heritage canadien FOR OFFICE USE ONLY Protected B when completed_ B2 - Primary Contact Name Laura Gibbs Title Supervisor, Museum Services Salutation Q Mr. ® Mrs. O Ms. O Other (specify) Preferred language of communication U. English 0 French Telephone 905-420-4660 Ext. 3709 Fax E-mail Igibbs@pickering.ca C - Project Information C1 - Project title: Durham Region's Signature Cultural Experience Program C2 - Project start date (YYYY-MM-DD): 2020-04-01 C3 - Project end date (YYYY-MM-DD): 2022-03-31 C4 -Total project cost: $363,200.00 C5 - Funding amount requested: $170,000.00 C6 - Percentage requested: 47% C7 - Is the project targeting any of the following communities? ❑ Rural or remote area ❑ Indigenous communities ❑ Ethnocultural communities ❑ Youth ❑ Official -language minority communities C8 - If yes, what specific measures are envisaged to target these communities and encourage them to participate in the project? If the need is clearly demonstrated and justified, this information could be used to request an increased Departmental level of support up to 75% toward eligible project costs (see C6). C9 - Number of organizations that will directly benefit from the project: 6 C10 - Project scope: 0 Municipal Q Provincial/Territorial 0 National Q Regional Q Inter-provincial/territorial 011 ❑ II ❑ ❑ - Which of the following program priorities relate most closely to your project? Developing and sharing of expertise, best practices and tools Marketing and audience development Innovation, experimentation and development of new approaches Strategic use of technologies C12 0 - ❑ ❑ ❑ II ❑ ❑ ❑ Project will directly benefit organizations in which sector(s)? Arts sector Dance Literary arts Music Theatre Visual and media art Multidisciplinary Other (please specify): .01 CI // // ❑ ❑ ❑ ❑ Heritage sector Art galleries Museums Historical sites Archives Zoos and botanical gardens Indigenous Other (please specify): Page of�0 Canadian Patrimoine Heritage canadien FOR OFFICE USE ONLY Protected B when completed_: - Affirmation I affirm that the information in this application is accurate and complete. I agree to publicly acknowledge funding and assistance by the Department, in accordance with the Department's directives. By signing this application, I authorize the Department of Canadian Heritage to disclose any information received in this application within Canadian Heritage and the Government of Canada or to outside entities for the following purposes: to reach a decision on this application, to administer and monitor the implementation of the projector programming, or to evaluate the results of the project or programming after project completion. This disclosure of any information received in this application may also be used to reach a decision on any other application of the applicant for funding under any other Canadian Heritage program. In the event of an access to information request regarding the present funding application or any other information about the organization in the Department's possession, the information provided to the Department will be treated in accordance with the Access to Information Act and the Privacy Act. Where funding is approved, however, the amount of funding, the purpose for which the funds were granted and the name of the organization receiving the funding are considered public information. Authorized Signature Signature Date (YYYY-MM-DD) Name Stan Karwowski Title Treasurer Page 5 ofit Canadian Patrimoine Heritage canadien Section 2 - Detailed Application Strategic Initiatives Component Canada Cultural Investment Fund FOR OFFICE USE ONLY Protected B when completed A - Lead Applicant Eligibility Al - To be eligible the lead applicant must: Check all that apply. ❑ be a not-for-profit organization, association, institution, or foundation incorporated under the Corporations Act or Part II of the Canada Corporations Act or provincial or territorial legislation, Indigenous peoples' institutions or organizations, including First Nations, Inuit, Metis and Non ❑ administered by an active board of directors or equivalent Indigenous governing body working three years prior to the application date; ❑ with a mandate related to the arts or heritage sector as outlined in its mandate statement; ❑ with activities and programs that include the arts or heritage sector; OR ❑ be a post -secondary education institution; OR Canada Not -for -Profit or equivalent -Status Indians; continuously for and distinct objectives, be a heritage organization governed by a provincial, territorial or municipal government with programs and budgets related to the arts or heritage; A2 - Mandate Please provide the mandate of your organization. Pickering Museum Village will ignite imaginations through a living history museum that fosters a connection to Pickering by collecting, preserving, and interpreting artifacts and social culture. A3 - Questionnaire on the lead applicant 1. Number of annual meetings of the Board of Directors or equivalent Indigenous governing body:6 meetings/year 2. Has the Board of Directors or equivalent Indigenous governing body been working professionally and continuously for the past three years? �. Yes Q No 3. Does your organization have a document that stipulates the roles and responsibilities of the members of its Board of Directors or equivalent Indigenous governing body? Yes Q No 4. When was your organization's mission last revised? 2018 Stability of governance and staff 5. Senior management in place since: 1 year 6. Artistic direction in place since (if applicable): N/A 7. Chair of Board of Directors in place since: N/A 8. Average seniority years of full-time staff: 7 years Does your organization have: . 9. Recent operating policies for 3 to 5 years (e.g., human resource plan, purchasing and conservation policy) 0 Yes 0 No 10. A strategic plan or business plan for 3 to 5 years in place ? O' Yes 0 No Page 6 ofit2 _ Canadian Patrimoine Heritage canadien FOR OFFICE USE ONLY Protected B when completed =_ 11. Process for approving financial forecasts by Board of Directors? Q. Yes 0 No 12. Internal control mechanism (e.g., bank reconciliation, separation of financial duties)? Q. Yes 0 No B - Project Details B1 - Your organization's role in this project Indicate the role of your organization, its place in the arts and/or heritage community, and why your organization is best positioned to be the project lead. Pickering Museum Village (PMV) will be the lead in this project. The Museum has been operated by the City of Pickering since 1977 as a living history museum. PMV has created many successful partnerships with local arts, heritage and cultural organizations in the past and is currently well positioned to be establishing new partnerships focusing on audience development. PMV is undergoing a period of expansion, with a new 40,000 square foot Heritage Centre planned for 2022. The new Heritage Centre will increase PMV's indoor capacity from 150 people to 350 people at once, changing PMV from a seasonal living history museum to a year-round gallery, archive, museum, events space, and living history site, by 2022. For PMV, the two years leading to the launch of the new facility make an opportune time to create the infrastructure, capacity and partnerships necessary to significantly expand the museum's programs, services and market share in the tourism industry. With a long planning, marketing and sales horizon, PMV and its partners are well positioned to start cultural tourism planning in 2020 for results in 2021, 2022, and beyond. PMV staff took the initiative to lead this project forward. With a growing staff team, expertise, and enthusiasm, PMV staff are dedicated to seeing this project — and visitor growth — at PMV succeed. B2 - Needs assessment Describe the reasons why your organization has decided to undertake this project. What steps has your organization taken, such as consultations or studies, to assess the needs and determine the appropriate direction to pursue for this project? If no such steps have been carried out, on what basis did the organization decide to proceed with this project? How are arts and heritage organizations demonstrating their support for the project? In 2013, in consultation with the community, the City of Pickering embarked on a Cultural Strategic Plan that would guide arts, heritage and cultural initiatives of the city. From that initiative, several strategic directions were identified: 1) broaden and deepen city leadership and investment in arts, heritage and culture; 2) build a strong and collaborative cultural sector; 3) strengthen culture -led economic development; 4) conserve and promote history and heritage; and 5) cultivate opportunities for the creation, education and enjoyment of the arts. The Cultural Strategic Plan recommends that the City of Pickering establish tourism as a corporate priority, with a strong emphasis on cultural tourism. PMV, as an open air museum is best positioned to take the lead as a cultural tourist destination in the city. This project fulfills the strategic directions outlined in the culture plan. 1) We will broaden and deepen city leadership and investment in arts, heritage and culture. This project achieves this in two ways: a) This project represents a direct investment of $363,200 in arts, heritage and culture. Beyond the project value, this project will build our capacity to increase our earned revenue through programs and admissions sales; b) We will work with project partners to communicate the value of investing in cultural tourism, provide tourism training and informative presentations to staff and decision makers (City Council and Boards of Directors). 2) We will be building a strong and collaborative cultural sector by working with other arts, heritage and cultural organizations in the region, alongside tourism organizations; we will be creating a collaborative marketing campaign and tourism products that are expected to sustain past the life of this project. 3) We will be strengthening culture -led economic development by attracting new tourists to the region. Central Counties Tourism and Durham Tourism, with support from cultural partners will work to lengthen tourist's stay in the region, bringing investment and tourism spending to our cultural properties and attractions, along with businesses in the region. 4) We will be conserving and promoting history and heritage by offering new heritage -based cultural tourism experiences that explore Pickering's rich history and material culture in fun and memorable ways. 5) Last, we will be cultivating opportunities for the creation, education and enjoyment of the arts as Pickering Museum Village and our arts, heritage and cultural partners expand and enhance our program and service offering to new Page 7 of�,,, - 101 Canadian Patrimoine Heritage canadien FOR OFFICE USE ONLY Protected B when completed audiences. Pickering Museum Village undertook strategic planning, including extensive community consultation in 2017. This planning is paired with a recent master site use study and recommendations completed by Lord Cultural Resources in 2019. From these two strategic planning initiatives the following needs were identified: 1) The need for Pickering Museum Village to increase capacity to grow audiences; 2) the need to grow audiences during low, yet accessible seasons (weekdays from June —September, evenings from April — November); 3) the need to expand services and offerings from primarily a school market to more diversified audience segments. This need to diversify and grow audiences will be amplified when the new Heritage Centre is constructed at PMV in 2022; 4) The need to increase awareness of PMV, and improve our marketing capabilities and resources; and 5) The need to target programming and services that are self -sustainable, revenue -generating and annually renewable. This project meets all of the identified needs for the museum. This project is intended to be a collaborative initiative, with arts, culture and heritage partners contributing staff time to project planning, decision making, implementation, marketing support and marketing contribution. Cultural partners will each identify an experience to be featured in the cultural tourism program that we will develop cooperatively. This type of partnership will require relationship -building, agreement, working toward shared goals, deliverables and timelines, and cooperation in supporting each other's initiatives. Our expectation is that there will be opportunities for more arts, culture and heritage organizations to join in this initiative as the project moves forward. While Durham Tourism and Central Counties Tourism are not specifically arts, heritage and cultural organizations, this project marks a significant milestone in partnering these organizations with arts, culture and heritage groups. Specializing in sports tourism and having recently completed a craft brewery tour package, Durham Tourism has not partnered closely with this scale of cultural producers in the past. Central Counties Tourism provides support, mentorship and strategic planning to municipalities and partners, and like Durham Tourism, this newly formed partnership with the arts, heritage and cultural sector is a new venture that aligns potential tourist attractions in a strategic way. The level of engagement, commitment and contribution that the two tourism agencies have approached this project with provides our cultural partners with a strong foundation of expertise and support that will enable us to carry out this project effectively and professionally. B3 - Project summary in 250 words or Tess • Who will carry out the project? (organization) • What is the project? What activities will be carried out? • Where will the project take place? (location, community) • Who will benefit from the project? • Who will carry out the project? (organization) The Station Gallery, Robert McLaughlin Gallery, 3x60 Theatre Company, and Pickering Museum Village will partner with Durham Tourism (Destination Marketing Organization or DMO) and Central Counties Tourism (Regional Tourism Organization or RTO) to increase cultural tourism in Durham Region. Under the guidance of Central Counties Tourism, each cultural partner will create a cultural tourism experience in Durham Region that will be advertised and sold through Durham Tourism. Results of this project will be increased capacity by arts, heritage and cultural organizations in Durham Region to attract and retain tourists. This project will result in improved market -readiness of existing products and the development of new tourism -specific cultural experiences. We will create new partnerships between cultural organizations and destination marketing organizations, working toward a shared goal of increasing audiences. B4 - Project description Describe the project in detail (activities, objectives and desired results). Explain how the project will address the needs identified above (B2). Explain how it will benefit arts and/or heritage organizations (specify which ones). Background Cultural tourism has become a prolific and recognized form of tourism in recent years. The partners involved in this project plan to build on research, recommendations and lessons learned from tourism studies and our cultural partners Page 8 ()fit Canadian Patrimoine Heritage canadien FOR OFFICE USE ONLY Protected B when completed in order to develop a cultural tourism experience in Durham Region that is unique, viable, and sustainable. Specifically, we aim to replicate the successful Ontario Signature Experience Program, with cultural partners in Durham Region. The United Nations World Tourism Organization expresses cultural tourism under the following six categories: handicrafts and the visual arts; gastronomy and culinary practices; social practices, rituals and festive events; music and the performing arts; oral traditions and expressions; knowledge and practices concerning nature and the universe. Cultural tourism products can include the following: 1) Creating cultural spaces or purpose-built facilities as venues to showcase intangible cultural heritage; 2) Combining or bundling attractions to create a themed set for stronger market appeal; 3) Developing new tour routes, circuits or heritage networks; 4) Using existing circuits or reviving networks, such as pilgrimage routes; and/or 5) Using or reviving festivals and events. This project aims to identify at least one signature experience from each cultural partner to be developed, refined and improved under the mentorship of Central Counties Tourism. Cultural signature experiences will be bundled together in a thematic marketing strategy and promoted through Durham Tourism. This strategy is confirmed as a strong recommendation by several local studies including the Ontario Tourism Product Assessment Research Study (Deloitte, 2009) which confirmed that tactical strategies focused on cooperative offerings, product bundling and leveraging key ;earnings will encourage the development of stronger public tourism product. This recommendation was supported by Lord Cultural Resources (2009), recommending that 'Ontario's cultural destinations will need to provide a range of experiences between 'consumption' and 'participation'. A destination must be able to provide a continuum of experiences — from passive to active, including hybrid models that allow the tourist to design and mould her/his experience towards a unique definition of cultural tourism". Deliverables 1. Cultural Experiences created and made market -ready. With the guidance of Central Counties Tourism (CCT), each cultural partner will identify a cultural experience (a program, service, production, event etc.) that will be featured as part of this program. Central Counties Tourism will work with each cultural partner to make their signature experience tourism -ready. Tourism -readiness includes consideration of each experience's pricing, accessibility, scalability, seasonality, ability to be offered regularly or on demand, quality and uniqueness of experience, and ability to renew the experience annually. Central Counties Tourism will also assist partners in identifying opportunities to bundle experiences with other tourist attractions or experiences in the region. 2. Branding, marketing, communications initiatives created to support sales Thematic branding and marketing collateral will be developed to support promotion of the cultural experience program. A marketing, communications, and sales strategy will be developed to promote the signature cultural experiences. Marketing and promotion will be facilitated mostly by Central Counties Tourism and Durham Tourism, and supported by cultural partners. Durham Tourism will facilitate sales leads, familiarization tours with potential clients and opportunities for partners to attend travel trade marketplaces to further promote signature experiences. Outcomes: 1. Build audiences. This project is primarily an audience development initiative. 2. Builds awareness. This project is intended to build general awareness of the cultural attractions, through the signature cultural experience. 3. Advocates for further investment in cultural tourism. This project is intended to build awareness with decision -makers Page 9 ofdi _ Canadian Patrimoine Heritage canadien f the importance of investing in cultural tourism. FOR OFFICE USE ONLY Protected B when completed 4. Builds capacity. Working under the mentorship of the DMO and RTO is a critical aspect of this project. This project is intended to increase knowledge, understanding and experience of the tourism market and how to build audience in the market among our cultural partners. The DMO and RTO have included several training opportunities, workshops, coaching and mentoring as their contribution to this project. 5. Builds partnerships. This project will begin with a foundation of strong project partners; however, our aim is to grow this collective of cultural producers and properties as the project is rolled out. This expansion will help the region diversify and densify the tourism offering, to appeal to a wider range of tour operators and independent travelers. 6. Improves marketing capacity and reach. This outcome is a fundamental aspect of the project that will include branding and thematic positioning in the market, marketing materials, social media amplification, and a strong communications strategy. The project also includes a significant direct sales aspect, contributed through Durham Tourism, which puts cultural organizations in direct contact with potential high -traffic clients though travel trade marketplaces and fam tours. 7. Establishes a foundation for future growth. The project in itself is scalable, offering an opportunity for more cultural partners (and other local businesses and attractions) to participate. This project is intended as a jumping off point for cultural tourism in Durham Region, aiming to build momentum to continue to grow past 2022. B5 - Demonstrate how this project differs from your operational activities This project forms new partnerships with three cultural organizations and two destination marketing organizations that we have not partnered with before. These partnerships will expand our network in the community and create opportunities for us to learn from each other, collaborate on initiatives and expand our programs and services together. Pickering Museum Village attracts about 12,000 program participants annually, with 68% of participants being school group visitors. Remaining visitors are made up mostly from large museum events, with about 1,500 visitors coming to the museum through general admission. Although the museum does attract regional tourists, they are incidental, since we do not currently advertise regionally, or offer tourism -specific programs and services. This project would result in Pickering Museum Village (and cultural partners) creating tourism -ready programs and services that can be promoted and sold by Durham Tourism through existing networks and at travel trade marketplaces. Although PMV doesn't currently offer tourism -ready products, we do have expertise in creating award-winning history and heritage programs that delight our visitors year after year. As part of this project, PMV will work with our part time Museum Interpreter team (18 Interpreters) to build on their rich historical knowledge to develop new programs that feature our heritage buildings and museum collection and include our 27 acres of gardens, forested areas and green conservation areas. Working with cultural partners to increase the density of experiences offered in Durham Region will increase our combined marketability to travel trade operators looking to build an itinerary for our region. Developing a cooperative marketing campaign with cultural partners, targeting independent travelers will be a crucial boost to the museum's general admission visitation, which is our lowest visitor segment. The museum currently staffs open hours to the living history site and relies on drop in visitors for general admission. As the lowest visitor segment to the museum, this model of staffing the museum regardless of demand is becoming unsustainable. Improving our capacity to complete more pre -booked sales will allow the museum to staff according to expected visitation, and would also allow us to offer more program -type experiences (cooking, blacksmithing, gardening, etc.) to our visitors which we know provide more engaging and unique experiences. Leveraging the project's marketing capacity would allow the museum to directly market to regional tourists, promoting the pre -booked program experience, and increasing visitation to the museum. PMV is eagerly anticipating the mentorship, support and advice from Central Counties Tourism in developing programs and services for this market. B6 - Official languages In order to determine if the official languages requirements apply to your project, please answer the following questions: Page 10 oc _ 1+1 Canadian Patrimoine Heritage canadien FOR OFFICE USE ONLY Protected B when completed 1. Is there an official language minority population in your community 0 Yes C) No If yes: Is the project likely to foster participation by the official -language minority community? 0 Yes p• No Does the project directly target organizations or groups from both linguistic communities? 0 Yes C) No 2. Is the project national in scope and highly likely to reach both linguistic groups? 0 Yes ® No If your project reaches out to an official language minority population in your community, please indicate whether activities or services will be offered in both official languages and provide the appropriate details: ❑ Promotion of your activities is available and offered in English and French (e.g. website, advertising, programs). ❑ Signage at your activities is provided in English and French. ❑ Services are available and offered in English and French (e.g. box office, reception, public announcements, information booths, etc.) Comments NOTE: 1. Expenses related to official languages for your project are eligible under the Strategic Initiatives component and must be inserted in the budget under Translation services. 2. The information you provide in this section will be integrated into your funding agreement if your organization receives support from the Program. B7 - Resources Indicate the human resources that will be required for your project. Describe the roles and responsibilities of the key individuals responsible for the project, including consultants. Include the CVs of the project manager and key project resources (i.e. employees and consultants), and if applicable, consultants proposals. Pickering Museum Village (Project Manager) Pickering Museum Village is managed by Laura Gibbs (Supervisor, Museum Services). Laura will be the Project Manager for the duration of the project. Laura's CV is included in the appendix. Laura will be responsible for: • Managing project budget and reporting requirements • Managing partnership relationship building, as needed • Advocacy and communications with the City of Pickering for cultural tourism • Ensuring that project deliverables are met on time, on target and on budget • Supervision and approval of project implementation at PMV PMV will hire a part time Audience Development Coordinator as part of this project. The Coordinator will report to the Supervisor of Museum Services. A job description is included in the appendix. The Audience Development Coordinator will be responsible for: • Implementing project deliverables, participating and reporting to the project committee • Leading tourism -readiness initiatives, under the guidance of Central Counties Tourism at PMV (Program Development will be led by our Interpretation team) • Marketing, social media, and communications related to this project, and PMV specifically • Direct sales, in partnership with Durham Tourism. This includes attending travel trade marketplaces, familiarization tours, or meetings. • Coordinating fam tours or other sales tactics • Conducting project evaluations and drafting reports PMV Museum Interpreter Team I The Interpreter Team is led by Katrina Pyke, Coordinator of Museum Operations. The team of 18 is skilled in museum Page 11 V. Canadian Patrimoine Heritage canadien FOR OFFICE USE ONLY Protected B when completed ;program design, development, implementation and evaluation. This team will be responsible for developing tourism - specific programs that leverage the museum's rich heritage and natural resources. The Interpreter team will be ;responsible for piloting any new tourism -specific programs and facilitating PMV's signature cultural experience on an ;ongoing basis. !Central Counties Tourism (Project Contributor) !Central Counties Tourism is led by Chuck Thibeault Executive Director). Since 2012, Chuck has been leading the team !of 10 staff forward to increase tourism in the region by promoting and developing unique and competitive tourism (products that attract high yield visitors from outside the Central Counties region. Chuck brings significant experience to 1the project team with over 7 years in Attractions Consulting and over 7 years leading museums and cultural attractions in Ontario. [Eleanor Cook is Durham Regions' Regional Field Manager and will be implementing the project for Central Counties (Tourism. Eleanor brings over 10 years' experience in destination marketing to the project. Eleanor has worked for ;Central Counties Tourism for 5 years and worked for Clarington Tourism for the 5 years preceding. Eleanor will be the primary contact at CCT for this project, and will participate on the project committee. Central Counties Tourism will be responsible for leading the strategic planning portion of this project, including advising ,on product development and marketing, communications and advocacy strategy. CCT will also provide mentorship and !training to partners. ;The Central Counties Tourism business plan (2018 — 2020) and recent impact report (2018) are included in the ;appendix. Durham Tourism (Project Contributor) Durham Tourism is led by Brandon Pickard (Manager, Tourism) who has over ten years' experience in the tourism industry. Brandon will be the project lead. Durham Tourism is responsible for generating sales leads for tourism !products in the region. The organization participates in various marketplaces, conventions and builds relationships with 'travel trade (and other) tourism providers to link clients with tourism attractions. Durham Tourism will mentor the partners and provide experience and opportunities to learn how to effectively sell the cultural properties represented by !the project's partners. (Durham Region's 2019 tour guide is included in the appendix. Station Gallery (Project Partner) The Station Gallery is led by Kerri King, CEO. Kerri has been at the Station Gallery since 2016 and is the former ; Manager of Durham Tourism, so brings extensive expertise to this project. Station Gallery will allocate staff to this initiative as the project is rolled out. Staff will be responsible for attending committee meetings, providing marketing !support for the project, and identifying tourism -ready programs and services that will be included in the collaborative ;marketing developed through this project. Theatre 3x60 (Project Partner) !Carey Nicholson is the Artistic Director for Theatre 3x60. Carey brings extensive experience working or volunteering at other Durham Region arts, heritage and cultural organizations including Pickering Museum Village, Theatre Starts Inc., ;Scugog Council for the Arts, Oshawa Little Theatre, META4 Contemporary Craft Gallery, and Borelians Community Theatre. (Staff will be responsible for attending committee meetings, providing marketing support for the project, and identifying !tourism -ready programs and services that will be included in the collaborative marketing developed through this project. ;Robert McLaughlin Gallery (Project Partner) Samuel Powless is the Volunteer and Community Development Manager at Robert McLaughlin Gallery in Oshawa. Staff will be responsible for attending committee meetings, providing marketing support for the project, and identifying [tourism -ready programs and services that will be included in the collaborative marketing developed through this project. Provide a chart showing the names and roles of the key individuals who will be involved in managing and delivering the project, their responsibilities, and lines of accountability within the team. B8 - Dissemination of project results Page 12 0158 1+1 Canadian Patrimoine Heritage canadien FOR OFFICE USE ONLY Protected B when completed Explain how you will share the results of the project and lessons learned with the organizations and partners involved as well as with the community at large. Results will be shared in the following ways: 1. Regular, ongoing reporting • Quarterly project update will be sent to partners for reporting and distribution by PMV. ;• Regular committee meetings will be held (monthly or bimonthly), where project reporting will take place. Regular ;reporting will allow adjustments to be made to project tasks and deliverables as needed. !2. Reporting to build awareness and advocate for cultural tourism support An intended outcome of this project is to build awareness and support of cultural tourism in Durham Region. This ;includes building general awareness as well as targeted reporting to decision -makers, funders and key partners (throughout the project. l• Media announcements made at the beginning of the project, and at key milestones. ,• Presentations to Boards of Directors of participating organizations and City Councillors to generate awareness of the project, project impacts, and opportunities for future support of cultural tourism. • Central Counties Tourism will provide data on cultural tourism visitation to the region, and economic impact. Data - ;based reporting will be distributed to partners, and decision -makers. (3. Project Reporting • Reporting specific to this project's deliverables, budget and timeframe, as required by the Department of Canadian ;Heritage, will be prepared by the Project Lead. i• Project reporting will be conducted by each partner organization, as required for operational reporting, and as part of their annual report. Page 13 0159 Canadian Patrimoine Heritage canadien FOR OFFICE USE ONLY Protected 8when completed C - Action Plan and Performance Measurement Please consult the Performance Measurement Guide to assist you in developing your project's performance measurement strategy. C1 - How will the project achieve the objectives and expected results of the Strategic Initiatives component? (See Guidelines.) The Strategic Initiatives component supports projects that are conducted by a lead organization in collaboration with other project delivery or funding partners and have results that are shared broadly. Pickering Museum Village is a lead applicant and is a heritage organization governed by a municipal government with distinct objectives, programs and budgets related to heritage. We will be working in collaboration with Central Counties Tourism and Durham Tourism as co-contributors. We will be working in collaboration with the Station Gallery, Robert McLaughlin Gallery and 3x60 Theatre Company as participating cultural partners. This project provides opportunities for more cultural partners to participate, if funding is granted. The results of this project will be realized by all partners involved, as cultural experiences will be facilitated by each cultural partner; marketed, sold, and evaluated by the tourism agencies; and overall awareness, growth and expansion in the cultural tourism sector will benefit all project partners. The strategic initiatives component aims to support organizations in becoming better at what they do through new and innovative projects that lead to a stronger and more resilient arts and heritage sector. This project includes mentorship by Central Counties Tourism in assisting arts, heritage and cultural organizations in enhancing or creating an experience that is competitive in the tourism market. This mentorship will benefit cultural organizations by building skill set, experience, expertise and a market-ready product with several organizations in Durham Region, contributing to a more resilient and competitive arts and heritage sector in the tourism market. Our partnership with Durham Tourism extends our capacity building efforts into deliverable results, focusing on marketing, sales and audience generation. This partnership also provides a broad Tens that will be applied to Durham Region's cultural sector tourism offering as a whole, and provide strategic guidance for how we can collaborate to create a unique, memorable and sustainable cultural tourism offering as a combined force. The strategic initiatives component aims to support organizations that demonstrate sound organizational, administrative and financial health and thus contribute to a more resilient sector. This project is intended to build on proven models of success in audience generation (Ontario's Signature Experience Program). This tourism initiative is intended primarily as an audience generation project; however, will result in improved ability to generate revenue from a greater diversification of audiences for cultural partners. C2 - Please complete the table below by providing the key activities along with the milestone dates and related outputs to be carried out during the project (e.g. activity 1 is linked to output 1). Performance indicators and targets must also be identified for each output in order to measure the success of your project. Click on the plus (+) symbol at the end of the table to insert a new row Key Activities Start and End Dates "What you will do" (YYY(-MM-DD) 1 Hire staff: Pickering Museum Village only 2020-04-30 2022-03-31 PMV Audience Development Coordinator (PT, 2 year contract). Canadian Patrimoine Heritage canadien FOt(�F10EIISEONLY Prole edi C4mpletes3 Key Activities .` "What you will do" Start and End Dates (YYYY-MM-DD) 2 Form Project Committee (all project partners) Committee will meet regularly to identify and report on project milestones, deliverables and timelines. The committee will continue to meet during implementation of the tourism strategy to make adjustments, collaborate on shared marketing efforts, and report back on progress (2021). The committee will be responsible for evaluating the project, communicating success and lessons learned and reporting on outcomes to decision makers, boards and councils (2022). 2020-04-30 2022-03-31 3 Make signature cultural tourism products market -ready Programs and services will be developed by each arts, heritage and cultural partner to support the collaborative tourism product. Each arts heritage and cultural organization will identify what the experience will be at their property to support the strategy, and how each partner will ensure that the experience can be delivered consistently or in a sustainable way. Central Counties Tourism will provide mentorship to assist in the development of tourism experiences to each partner 2020-04-30 2020-08-31 4 Marketing strategy developed and implemented The marketing strategy primarily includes purchased advertisements, development of collateral (i.e. brochures, flyers, stand-up banners), social media paid ads, etc. We intend that the marketing campaign will be implemented primarily by Central Counties Tourism and Durham Tourism through existing channels. Marketing content like digital advertisements or printed brochures will also be distributed by arts, heritage and cultural partners through their existing networks. Branding and marketing content (images and videos) is developed. Marketing tactics (paid ads) and collateral developed or purchased. Marketing campaign or tactics launched (launched in Spring, 2021). 2020-07-01 2020-12-31 Canadian Patrimoine Heritage canadien FOR OFFICE USE ON Key Activities .; What you;will do" . Protected B when completed Start and End;Dates (YYYY MM DD) 5 Communications strategy developed and implemented The communications strategy includes earned media, public relations, awareness -building with potential visitors and decision -makers, word-of-mouth mentions, and reporting on this project. The communications strategy is intended to build on the existing networks, media partnerships and social media capital that the arts, heritage, cultural and tourism partners possess. Media, advocacy and partnership marketing strategy is developed. Presentations/Reports ma de to boards of directors, Councillors, funders, potential partners, and other likely advocates about the cultural tourism strategy, initiatives and opportunities for investment or participation. Social media strategy (content, not paid) is launched and implemented by all partners Media and public relations strategy implemented by partners. 2020-09-01 2020-12-31 6 Sales strategy implemented The Audience Development Coordinator (PMV) will attend travel trade conferences, provided by the in-kind support of Durham Tourism. Under the guidance and mentorship of Durham Tourism, PMV will build capacity in its ability to generate sales based on travel trade marketplaces. Arts, Heritage and Cultural partners will have the opportunity to attend travel trade marketplaces to increase their sales capacity, provided as an in-kind contribution by Durham Tourism. Durham Tourism will promote and sell cultural tourism products to clients in the travel trade marketplace, using marketing collateral and resources provided through this project. Under the guidance of Durham Tourism, partners will develop familiarization tours, based on the product developed to bring potential clients to arts, heritage and cultural sites to experience the cultural programs and services offered. 2021-02-01 2022-03-31 7 Evaluation Regular reporting will occur, based on the strategies and tactics identified early in the project. This will include evaluation of strategy implementation and adjustment as needed. Final project evaluation 2021-10-01 2022-03-31 8 Reporting Regular reporting will occur, based on the strategies and tactics identified early in the project. This will include evaluation of strategy implementation and adjustment as needed. Final project report 2022-01-01 2022-03-31 Outputs / Deliverables "What you will produce" Performance Indicators. and Targets "How you will measure achievement of outputs" Page 16 012 _ CanadianeritagecanadiePatrimoinen H FOR OFFICE USE ONLY Protected B when completed Outputs / Deliverables "What you will produce" Performance Indicators and Targets "How you will measure ach evement of outputs" 1 Increase partnerships Total number of partner organizations engaged (6 - 12) Number of partner organizations from arts, heritage and cultural sector engaged in this project (4-10) Number of new partnerships created as a result of this project (i.e. bundling of experiences) (3-6). 2 Make cultural experiences tourism -ready Number of cultural experiences made tourism -ready (4-8) Hours of in-kind time contributed by Central Counties Tourism in mentorship and training to enhance cultural tourism experiences. 3 Build Capacity within cultural partner organizations Number of staff trained by Central Counties Tourism on developing competitive cultural products for the tourism market 4 Branding and marketing strategy developed Cultural tourism experiences bundled into a single marketing package, with uniform branding. Marketing (and tourism) strategy developed Branding, graphics, and marketing content completed 5 Advertising and Promotional materials devleoped Advertising spend vs. value attained through paid promotions Number of marketing materials created Number of paid marketing impressions (advertising reach) (500,000 - 2 million impressions) 6 Communications and Advocacy messages presented Number of presentations about cultural tourism made to Boards of Directors, City Council and potential funders (8 - 10) Number of media mentions about this initiative (10 - 20) Number of media releases and editorials (5 - 10) Social media impressions, mentions, likes and shares (1,000 - 5,000 mentions, likes and/or shares). 7 Sales Initiatives Number of Familiarization tours booked by travel trade companies (2 in 2021, 5 in 2022) Number of sales leads generated by Durham Tourism for this project (15 in 2021, 30 in 2022). Number of tourism marketplaces featuring this program (3 in 2021, 5 in 2022). 8 Sales Efficacy Number of new tourists attending partner's signature cultural experiences (1,000 in 2021, 3,000 in 2022) *We expect growth to extend past the life of this project. C3 - Please complete the table below by providing the key expected outcomes stemming from the activities and outputs identified above. Identify the performance indicators, targets and performance measurement tools that will be used to gather data and assess the outcomes. Note: The project should have realistic and attainable performance indicators. At the end of the project, all recipients will be required to submit a report on results that will clearly demonstrate the impact of the project based on the performance indicators. The recommended scale is three outcomes and up to three performance indicators per outcome. Outcomes/Expected Results "Why you are doing it" Performance indicators and Targets "How you will measure achievement of outcomes" Page 17 012,3 - 1+1 Canadian Patrimoine Heritage canadien FOR OFFICE USE ONLY Protected B when completed Outcomes/Expected Results "Why you are doing it" Performance indicators and Targets "How you will measure achievement of outcomes" 1 Build Capacity in arts, heritage and cultural organizations to compete in the tourism market Number of experiences that are made tourism -ready as part of this project / cultural experiences that are launched an included in the marketing bundle. Number of cultural organizations (and their staff) trained in tourism -readiness Number of media mentions and presentations made to increase awarenss of cultural tourism in Durham Region. Increase Audiences Build sustainable businesses practices C4 - Performance Measurement Tools: In terms of performance measurement, Central Counties Tourism has committed time and resources toward audience research, and measuring the effectiveness of this initiative on tourism spend, growth and intent within Durham Region. Central Counties Tourism is a leading research organization, and has the expertise, experience and tools to conduct this research professionally. Since they perform research functions in tourism regularly, they also have strong benchmarks to compare Durham Region's cultural experiences project to other initiatives. Qualitative Data: - Knowledge, skills and expertise gained by staff participating in this project - Additional investment or support gained from increased advocacy and awareness of cultural tourism - Improvements made to existing or new cultural experiences, based on mentorship from Central Counties Tourism - Partner's experience of participating in the project; likelihood of partnering again Quantitative Data: - Number of tourists visiting Durham Region (and cultural properties, specifically) - Number of tourists participating in signature cultural experiences - Advertising impressions and reach (social media likes, shares, follows etc.) - Number of partners; number of new partners - Number of hours invested in the project - Number of media mentions / number of media releases - Number of presentations made to City Council, Boards of Directors - Number of signature cultural experiences created and sold - Revenue generated from this project / from the cultural experiences Page 18 0164 - 1*1 Canadian Patrimoine Heritage canadien F OR OFFICE USE ONLY Protected B when completed - Partners List each contributing partner and elaborate on their contribution to the project PARTNER 1: LEAD APPLICANT Partner name: Corporation of City of Pickering i4 Cash contribution: $ 40,000.00 ►1 In-kind contribution: $ 52,000.00 Please specify: // Marketing/Promotion // Professional time ❑ Facilities/Equipment Z/ Other (please specify): Travel to meetings Project roles and responsibilities: Pickering Museum Village is the Project Lead and is responsible for the project deliverables. PMV is responsible for managing the project budget, work plan and deliverables and managing project partners contribution. PMV is also participating as a cultural partner and will be developing a cultural experience to include in the Durham Cultural Experience bundle. PMV is requesting partial funding to hire an Audience Development Officer to administrate the project, lead PMV's program development, manage branding, marketing and communications implementation and lead sales strategies to create viable tourism bookings for the museum. PARTNER'2 Partner name: !Central Counties Tourism City: (Markham Province/Territory: ;Ontario ® New partner (no previous partnership with the Lead Applicant) ❑ Existing partner (has partnered with the Lead Applicant in the past) ❑ Public sector Private sector ❑ For profit ® Not-for-profit Page9124,1i_ - Canadian Patrimoine Heritage canadien ® Cash contribution: $ 15,000.00 ® In-kind contribution: $ 25,000.00 Please specify: ❑ Marketing/Promotion ❑ Professional time ❑ Facilities/Equipment ❑ Other (please specify): FOR OFFICE USE ONL Protectjd B completed Project roles and responsibilities: '1. Experience Development and Tourism Plan ($10,000 in kind) Central Counties Tourism specializes in assisting attractions in developing a viable and 'sustainable tourism strategy. We commit in-kind staff hours to assisting Pickering Museum Village, in partnership with Durham Tourism in developing a tourism strategy. 2. Audience Research and Data ($10,000) Central Counties Tourism is committed to understanding tourism trends, experiences and expectations and we track, analyze and report on tourism data to our partners. Pickering Museum Village will benefit from region -specific tourism data that will help develop their cultural tourism strategy. Central Counties Tourism commits $10,000 in-kind in staff time land paid research toward this initiative. 3. Sharing best practices, mentoring arts, heritage and cultural partners ($10,000 cash and in-kind) �We are committed to sharing best practices in tourism development, capacity building ;and management with all our partners. We commit $5,000 in training and sharing of best practices (Staff time, resources, materials for training), and $5,000 in-kind of staff time. 4. Marketing and Communications ($10,000 cash) Central Counties Tourism supports regional tourism providers by building awareness and 'implementing marketing strategies. We will commit $10,000 value of our overall marketing/communication budget toward marketing and communication to develop ;cultural, arts and heritage tourism in Durham Region, in partnership with Pickering 'Museum Village. Signed letter confirming partnership and contribution amount (cash or in-kind) included: 11 Contribution amounts indicated above (cash or in-kind) must be identical to the amount identified in the letter and in the budget. PARTNER 3 CLICK TO REMOVE PARTNER 3 Partner name: Durham Tourism City: Whitby Province/Territory: !Ontario ® New partner (no previous partnership with the Lead Applicant) • Existing partner (has partnered with the Lead Applicant in the past) ® Public sector Private sector El For profit ❑ Not-for-profit Page 20 oc - Canadian Patrimoine=' Heritage canadien FOR OFFICE USE ONLY Protected B when completed 4 Cash contribution: $ 15,000.00 /1 In-kind contribution: $ 27,000.00 Please specify: /1 Marketing/Promotion /1 Professional time ❑ Facilities/Equipment 1 Other (please specify): Travel Project roles and responsibilities: Signed letter confirming partnership and contribution amount (cash or in-kind) included: Contribution amounts indicated above (cash or in-kind) must be identical to the amount identified budget. // in the letter and in the PARTNER 4 CLICK TO REMOVE PARTNER 4 Partner name: Station Gallery City: Whitby Province/Territory: Ontario ❑ New partner (no previous partnership with the Lead Applicant) ❑ Existing partner (has partnered with the Lead Applicant in the past) ❑ Public sector Private sector ❑ For profit I Not-for-profit ❑ Cash contribution: $ // In-kind contribution: $ 6,400.00 Please specify: // Marketing/Promotion 1 Professional time ❑ Facilities/Equipment ❑ Other (please specify): Project roles and responsibilities: 1Station Gallery will participate by providing, enhancing and selling a signature cultural experience as part of this project. Signed letter confirming partnership and contribution amount (cash or in-kind) included: Contribution amounts indicated above (cash or in-kind) must be identical to the amount identified budget. // in the letter and in the PARTNER 5 CLICK TO REMOVE PARTNER 5 Partner name: 3x60 Theatre Company City: Port Perry Province/Territory: Ontario / New partner (no previous partnership with the Lead Applicant) (has partnered with the Lead Applicant in the past) ❑ Existing partner ❑ Public sector Private sector ❑ For profit / Not-for-profit Page 21 'I 67 Canadian Patrimoine Heritage canadien FOR OFFICE USE ONLY __ Protected B when completed =, ❑ Cash contribution: $ // In-kind contribution: $ 6,400.00 Please specify: I Marketing/Promotion I Professional time ❑ Facilities/Equipment ❑ Other (please specify): Project roles and responsibilities: ;3x60 Theatre Company will participate by providing, enhancing and selling a signature cultural experience as part of this project. Signed letter confirming partnership and contribution amount (cash or in-kind) included: Contribution amounts indicated above (cash or in-kind) must be identical to the amount identified budget. �1 in the letter and in the PARTNERE CLICK TO REMOVE PARTNER 6 Partner name: Robert McLaughlin Gallery City: ;Oshawa Province/Territory: !Ontario New partner (no previous partnership with the Lead Applicant) (has partnered with the Lead Applicant in the past) ❑ Existing partner ❑ Public sector Private sector For profit ❑ Not-for-profit ❑ Cash contribution: $ 4 In-kind contribution: $ 6,400.00 Please specify: /1 Marketing/Promotion Professional time ❑ Facilities/Equipment ❑ Other (please specify): Project roles and responsibilities: Robert McLaughlin Gallery will participate by providing, enhancing and selling a signature cultural experience as part of this project. Signed letter confirming partnership and contribution amount (cash or in-kind) included: Contribution amounts indicated above (cash or in-kind) must be identical to the amount identified budget. �1 in the letter and in the CLICK TO ADD PARTNER E - Budget Complete the mandatory Budget Form provided. Please note that the Budget Form is comprised of 7 tabs: 1 - Budget Notes, 2 - Project Revenues, 3 - Project Expenditures, 4 - Consultant Fees, 5 - Employee Salaries and Wages, 6 - Travel Costs and 7 - Budget Summary (tabs 2 to 7 are mandatory). Budgets must be detailed and balanced (i.e. total project revenues must equal total project expenditures). All in-kind items must be clearly indicated and must balance (i.e. in-kind revenues must equal in-kind expenditures). Page 22o123_Q - 1.41 Canadian Patrimoine Heritage canadien Annex I - Checklist Strategic Initiatives Component Canada Cultural Investment Fund FOR OFFICE USE ONLY Protected B when completed ANNEX I - Checklist All applications must include the following documentation: Attached Accepted 1 Application Form completed and signed (Sections 1 and 2). 2. Budget Form (Tabs 2 to 7). 3. A list of the applicant's full-time employees, including position titles. 4. A list of the members of the Board of Directors for the lead applicant. 5. 6. The resolution of the Board of Directors or equivalent governing body, signed by the Chair: a) endorsing the application; and b) designating the person with signing authority. A copy of the applicant's letters patent and/or certificate of incorporation as a not-for- profit organization or equivalent document. 11 7. A copy of the applicants bylaws. 8. The CVs of the project manager and key project resources (i.e. employees and consultants), and if applicable, consultants' proposals. 9. The applicant's most recent strategic plan. 10. 11. 12. 13. Signed financial statements for the last two (2) complete cycles (and management letter, if available). A signed letter from each partner confirming the nature of their contribution (amount in cash or in-kind) and extent of their involvement in the project. A support letter from arts or heritage organizations which will benefit from this project that are not partners, if available. If applicable, a signed declaration that any federal public servant or former federal public servant is in compliance with the Values and Ethics Code for the Public Sector and the Policy on Conflict of Interest and Post -Employment and that any federal public holder or former federal public holder is in compliance with the Conflict of Interest Act. Page 23 012,9 - ATTACHMENT #-a TO REPORT#.C-B TAB 2- PROJECT REVENUES STRATEGIC INITIATIVES COMPONENT Pickering Museum Village / Cultural Tourism Initiative Prepared on: 2019-05-10 - 170 - 1 April 1, 2020 to March 31, 2021 1 April 1, 2021 to March 31, 2022 TOTAL PROJECT REVENUES Sources of revenue Total Contribution Funding confirmed (Yes or No) Expected date of funding confirmation (month) %Total Contribution Funding confirmed (Yes or No) Expected date of funding confirmation (month) % CASH REVENUE Applicant Funding $ 20,000 11% $ 20,000 11% Pickering Museum Village, City of Pickering $ 20,000 Yes 27 -May -19 ....:•:•1 $ 20,000 Yes May 27,2019 :.... .• Federal 6 85,000 47% $ 85,000 47% Strategic Initiatives - Canadian Heritage (PCH) Funding $ 85,000 No 1 -Apr -20 47% . - - - - . $ 85,000 $ - No 1 -Apr -20 47% Other PCH Funding $ - Other Federal Government or Agency Funding $ - $ Other Level of Government Funding $ 7,500 4% $ 7,500 4% Provincial/Territorial Government or Agency $ : $ Municipal Govemment or Agency $ 7,500 : $ 7,600 ... . Durham Tourism, Region of Durham $ 7,500 Yes 1 -May -19 $ 7,500 Yes 1 -May -19 :::: Other Type of Funding $ 7,600 4% $ 7,500 4% Not-for-profit sector $ 7,500 : $ 7,600 -••• • Central Counties Tourism $ 7,500 yes 1 -May -19 . $ 7,500 Yes 1 -Apr -20 " University 5 - ..... $ •- • - - - Private Sector Funding $ - - $ -1 - Earned Revenue $ - - $ - - TOTAL CASH $ 120,000 I 66% $ 120,000 I 11 I 66% IN-KIND REVENUE Applicant (In-kind contribution) $ 26,000 •....:-: $ 26,000..........:.:..• Municipal organization $ 13,500 : $ 13,600 ... . Durham Tourism, Region of Durham $ 13,500 yes 1 -May -19 : $ 13,500 yes 1 -May -19•-:•:::: Applicant members organizations $ - ..... $ - Not-for-profit sector $ 9,600 - - - - :: $ 9,600 . . 3x60 Theatre Company $ 3,200 yes 1 -May -19 ....:•: $ 3,200 yes 1 -May -19 Station Gallery $ 3,200 yes 1 -May -19 •.....: $ 3,200 yes 1 -May -19 Robert McLaughlin Gallery $ 3,200 yes 1 -May -19 •: $ 3,200 yes 1 -May -19 Private Sector $ ; :yi:;• $ Other (specify) $ 12,500 :; $ 12,500 Central Counties Tourism (Not-for-profit) $ 12,500 - - - - : $ 12500 ;;:y TOTAL61,600 I. I 34% 5 61,600I 11 134 • .r� I 1 r�•. : .r� I 1 I 100/ - 170 - TAB 3 - PROJECT EXPENSES STRATEGIC INITIATIVES COMPONENT Pickering Museum Village / Cultural Tourism Initiative Prepared on: 2019-05-10 r April 1, 2020 to March 31,'2021 April 1, 2021 to March 31, 2022 TAL PROJECT EXPENSE Total Project Costs Amount requested under Strategic Initiatives Amount requested under Stragegic Initiatives CASH EXPENSES Consultant Professional Fees Consultants (as per Tab 4 - Consultant Fees) Other Project Expenses $ 30,000 Salaries, fees and benefits (as per Tab 5 - Salaries and Wages) $ 30,000 25,000 25,000 17% $ 30,000 25,000 $ 30,000 $ 25,000 17% Travel (as per Tab 6 - Travel Costs) $ 2,500 1% '$ 2,500 Transportation in Canada $ 2,500 2,500 Accomodation in Canada $ Per diem (meals) Promotion and Communication $ 87,500 Advertising 44,000 60,000 32,000 48% '$ 87,500 44,000 60,000 $ 32,000 48% Publishing/printing 18,500 12,000 18,500 $ 12,000 Translation services Other (specify) Branding Development $ 25,000 16,000 25,000 16.000 Administration Expenses Rental fees Material and supplies Postage/freigh Telecommunications Other (specify) Equipment Expenses Software purchase Rental of equipment Other (specify) TOTAL CASH 120,000 85,000 66% $' 120,000 85,000 66% IN-KIND EXPENSES Professional fees (as per Tab 4 - Consultant Fees) Salaries, fees and benefits (as per Tab 5 - Salaries and Wages) 44,500 44,500 Advertising $ 12,600 $ 12,600 Site venue expenses Equipment and supplies Other (specify) Travel 4,500 $ 4,500 TOTAL IN-KIND 61,600 AL EXPENSES 000= - 171 34% $ 61,600 0% 1;600.' 000 34% 0% DICKERING Report to Council Report Number: PLN 14-19 Date: May 27, 2019 From: Kyle Bentley Director, City Development & CBO Subject: Proposed Bill 108, More Homes, More Choice Act, 2019 and Provincial Housing Supply Action Plan Environmental Registry of Ontario Numbers 019-0016, 019-0017, and 019-0021 File: L-1100-051 Recommendation: 1. That Council receive for information and review, a copy of City of Toronto Report CC7.3 of the City Manager, Chief Planner and Executive Director, City Planning, dated May 14, 2019, titled "Proposed Bill 108 (More Homes, More Choice Act, 2019) and the Housing Supply Action Plan — Preliminary City Comments", provided as Appendix I to Report PLN 14-19; 2. That Council endorse the following recommendations of the City of Toronto Report CC7.3 as they apply to the City of Pickering: #2, #3 and #4 requesting the Province consult further with municipalities; #8 though #21 requesting the Province amend Bill 108 for the Planning Act; #22 through #29 requesting the Province amend Bill 108 for the Development Charges Act; and #30 through #36 requesting the Province amend Bill 108 for the Ontario Heritage Act, and 3. That a copy of Report PLN 14-19 and Council's resolution on the Report be forwarded to: the Minister of Municipal Affairs and Housing; the Environmental Registry of Ontario; the Honourable Peter Bethlenfalvy, MPP Pickering — Ajax; and the Region of Durham. Executive Summary: Bill 108, More Homes, More Choice Act, 2019, was introduced in the Legislature on May 2, 2019, together with the Provincial release of a Housing Supply Action Plan. Bill 108 amends a total of 13 statutes, including significantly, the Development Charges Act and the Planning Act. Comments are requested by June 1, 2019. City of Toronto staff have prepared a report to their Council providing a thorough overview, preliminary comments, and a substantial number of recommended changes to Bill 108 (see City of Toronto Report CC7.3 on Bill 108, May 14, 2019, Appendix I). Toronto staff's recommended changes are aimed at restoring the principle that growth pays for growth, and restoring the tools that enable the City's financial capability to provide necessary parkland, services and facilities for a rapidly growing population. The issues and challenges that Toronto would face arising from Bill 108 are equally applicable to Pickering (albeit we are just now entering the intensification and high density residential development phase). Relying on the review and analysis contained in the Toronto report, Pickering staff recommends Council endorse the amendments requesting the Province to change Bill 108. - 172 - PLN 14-19 May 27, 2019 Subject: Proposed Bill 108, More Homes, More Choice Act, 2019 Page 2 Financial Implications: Many implementation details about Bill 108 are not yet available. However, from the information available to date, the changes to both the Development Charges Act and Planning Act will result in less money overall to provide necessary services and facilities as Pickering continues to grow and intensify as mandated by the Province. Discussion: On May 2, 2019, the Minister of Municipal Affairs and Housing announced the Province's Housing Supply Action Plan and introduced Bill 108, More Homes, More Choice Act in the Legislature. The Bill proposes to amend 13 statutes including the Development Charges Act, the Local Planning Appeal Tribunal Act, and the Ontario Heritage Act, and the Planning Act. Comments are requested by June 1, 2019. The City of Toronto has prepared a detailed report of the implications of these proposed legislative changes. A copy of the report is provided as an Appendix to Report PLN 14-19 for Council's information and review (see City of Toronto Report CC7.3 on Bill 108, May 14, 2019, Appendix 1). Toronto staff conclude that the proposed changes signal significant impacts on: the City's finances; the ability to secure parkland; the capacity to provide community facilities; and on the evaluation of development applications that would afford appropriate opportunities for public consultation and conservation of heritage resources. Toronto staff observe that the Bill essentially undermines the principle that "growth pays for growth", and would see existing taxpayers partially subsidizing new development. Additionally, Toronto staff conclude that Bill 108 contains limited evidence that its central objective, making it easier to bring housing to market and accelerating local planning decisions, will be achieved. These changes come at a time when the City of Pickering is seeing increased intensification and higher densities, bringing with it the need to provide additional services and facilities to accommodate the new residents. Such services and facilities help create complete communities, another mandate of the Province through its Growth Plan for the Greater Golden Horseshoe. Pickering would be at a financial disadvantage to provide the requisite amenities if the current planning tools and financial mechanisms are eliminated through Bill 108. Staff have reviewed the analysis and recommendations in the City of Toronto Report to Council and concur with the recommendations to amend Bill 108. Staff recommend Pickering Council support the changes identified in the Toronto Report and recommend the Province amend Bill 108 accordingly. Appendix Appendix I City of Toronto Report CC7.3 on Bill 108, May 14, 2019 - 173 - PLN 14-19 May 27, 2019 Subject: Proposed Bill 108, More Homes, More Choice Act, 2019 Page 3 Prepared By: Original Signed By: Catherine Rose, MCIP, RPP Chief Planner CR:Id Approved/Endorsed By: Original Signed By: Kyle Bentley, P. Eng. Director, City Development & CBO Recommended for the consideration of Pickering City Council Original Signed By: Tony Prevedel, P.Eng. Chief Administrative Officer - 174 - iffl TORONTO CC7.3 REPORT FOR ACTION Proposed Bill 108 (More Homes, More Choice Act, 2019) and the Housing Supply Action Plan - Preliminary City Comments Date: May 14, 2019 To: City Council From: City Manager and Chief Planner and Executive Director, City Planning Wards: All SUMMARY On May 2, 2019, the Minister of Municipal Affairs and Housing announced the Province's Housing Supply Action Plan and introduced Bill 108 (More Homes, More Choices Act) in the Legislature. The Bill proposes to amend 13 statutes. The Provincial commenting period on the proposed changes closes on June 1, 2019. The following report has been prepared by the City Planning Division in consultation with the Corporate Finance Division, Legal Services, Parks, Forestry and Recreation and other divisional partners impacted by the proposed Bill 108 amendments discussed in this report. This report highlights the proposed changes to the Planning Act, Local Planning Appeal Tribunal Act, 2017, Ontario Heritage Act and the Development Charges Act,1997 and provides preliminary comments on their impact on municipal land use planning, the development approval process, heritage conservation and on funding for community facilities and infrastructure. The report also summarizes the Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019, which replaces the 2017 Growth Plan and which comes into effect on May 16, 2019. The associated 2019 Growth Plan transitional matters regulation (Ontario Regulation 311/06) is open for comment until May 31, 2019.This report also comments on this proposed regulation. Despite the absence of implementation details, the proposed changes to legislation in Bill 108 signal that there will be significant impacts on: the City's finances; the ability to secure parkland; the capacity to provide community facilities; and on the evaluation of development applications that would afford appropriate opportunities for public consultation and conservation of heritage resources. Bill 108 contains limited evidence that its central objectives, making it easier to bring housing to market and accelerating local planning decisions, will be achieved. Currently Proposed Bill 108 - Preliminary City Comments Page 1 of 35 - 175 - over 30,000 residential units in 100 projects proposed within Toronto are awaiting Local Planning Appeal Tribunal (LPAT) outcomes. Significantly shortening statutory review timelines; reducing opportunities for collaborative decision-making at the front-end of the municipal review process; expanding the scope of reasons to appeal development applications to the LPAT; and introducing a completely new process for determining community benefit (facilities) contributions could result in increased appeals and an even greater proportion of the housing pipeline projects being held up as part of the LPAT process. In addition, Bill 108 undermines the City's ability to ensure that "growth pays for growth" through substantive amendments to Sections 37 and 42 of the Planning Act, and the Development Charges Act. Combined, these tools account for a large proportion of the City's 10 -year capital plan which supports critical infrastructure investments, including: • 12 child-care centres with a cumulative 583 spaces; • 21 Toronto Public Library expansion and renovation projects; • 106 new or expanded parks; and • 17 community recreation centres, 5 pools, 4 arenas and over 200 playground improvement projects. With 140,441 approved but unbuilt residential units and an additional 167,309 units currently under review (representing an estimated 540,000 people who could be housed), the need to plan for Toronto's long-term liveability and manage the impacts of growth, is of paramount importance By diverging from the long -held approach of growth paying for growth, future developments could result in a negative financial impact on the City. If this were to occur, the net outcome would be that existing residents and businesses, who make up the City's tax base, would in effect be partially subsidizing new development. Alternatively, the current service level standards would need to be adjusted to reflect this new fiscal environment. In spite of these changes, it is unlikely that they will positively impact housing affordability as Bill 108 does not provide for any mechanisms to ensure that reduced development costs are passed through to future home buyers and renters. The full impact of many of the proposed Bill 108 amendments will be assessed when implementation details, to be outlined in provincial regulations associated with the Bill, become available. The Province has not issued any information as to the timing or content of these regulations. City staff will continue to assess the impacts of the proposed legislation and provide additional comments to Council when the regulations have been released. RECOMMENDATIONS The City Manager and Chief Planner and Executive Director, City Planning recommends that City Council: Proposed Bill 108 - Preliminary City Comments Page 2 of 35 - 176 - 1. Request the Province to extend the June 1, 2019 timeline on the Environmental Registry of Ontario for comments on proposed Bill 108 to provide additional time for municipalities to comment on the proposed legislation. 2. Request the Province to consult with the City prior to issuing any draft regulations associated with proposed Bill 108, before the coming into force of the proposed Bill, such that the City can fully understand and be able to analyze the impact of the proposed Bill changes comprehensively, including the cumulative financial impacts to municipalities. 3. Request the Province to enshrine revenue neutrality in the proposed legislation and if not, create a municipal compensation fund to support municipalities whose revenues decline under the proposed community benefit charge regime. 4. Request the Province to provide a transparent and thorough stakeholder consultation process in the development of all regulations associated with proposed Bill 108. 5. Direct the Chief Financial Officer and Treasurer to report back through the 2020 budget process on any necessary curtailment of growth -related or other capital expenditures resulting from the enactment of proposed Bill 108. 6. Authorize the City Manager, the Chief Financial Officer and Treasurer and other City Officials, as appropriate, to provide input to the Province on Bill 108 on policy and financial matters and any associated regulations. 7. Forward this report to the Ontario Minister of Municipal Affairs and Housing and the Attorney General for their consideration. Planning Act Recommendations 8. Request the Province to reconsider the timelines established for review of Planning Act applications before an appeal is permitted to the Tribunal and to return to the timelines that were in effect under Bill 139, the Building Better Communities and Conserving Watersheds Act, 2017. 9. Request the Province to permit municipalities to utilize the inclusionary zoning provisions of the Planning Act in broader situations than the proposed protected major transit station and development permit system areas. 10. Request the Province to retain the existing Planning Act grounds for appeals of zoning by-laws and official plan amendments to only include testing for consistency with provincial policy statements, conformity with provincial plans and (for zoning by-laws) conformity with the Official Plan and to incorporate other legislative measures that would provide for more deference to the decision-making powers of municipal councils. 11. Request the Province to revise the name of the proposed "community benefits charge by-law" to the "community facilities charge by-law" to better recognize that Proposed Bill 108 - Preliminary City Comments Page 3 of 35 - 177 - community facilities are necessary infrastructure needed to support development pursuant to the Growth Plan. 12. Request the Province to provide the later of four years or the expiry of the current development charges by-law from the date of enactment of the regulation that sets out any prescribed requirements for the community benefit charges before a municipality must adopt a community benefits charge by-law. 13. Request the Province to add the following provisions to Section 37 of the Planning Act as 37(6.1) and (6.2) in Schedule 12: a) "6.1 Where an owner of land elects to provide an in-kind facility, service or matter because of development or redevelopment in the area to which a community benefits charges by-law applies, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facility, service or matter." b) "6.2 Any agreement entered into under subsection (6.1) may be registered against the land to which it applies and the municipality is entitled to enforce the provisions thereof against the owner and, subject to the provisions of the Registry Act and the Lands Titles Act, any and all subsequent owners of the land." 14. Request the Province to delete subsections 37(15), (16), (17) (18) and (19) and add new subsection 37(15) to the Planning Act that reads: "If the municipality disputes the value of the land identified in the appraisal referred to in clause 13(b), the municipality shall request that a person selected by the owner from the list referred to in subsection 37(18) prepare an appraisal of the value of the land as of the valuation date." 15. Request the Province to amend subsection 37(20) to also require the owner to immediately provide any additional payment to the municipality where the appraisal established in 37(15) is more than the initial appraisal provided by the municipality. 16. Request the Province address effective transition by amending subsection 37.1 (3) so that it reads: "On or after the applicable date described in subsection (5), the following rules apply if, before that date, an application (complete or incomplete) under Section 34 of the Planning Act has been received by the local municipality for the site or the Local Planning Appeal Tribunal has made a decision to approve a by-law described in the repealed subsection 37(1). Where an application is withdrawn by the owner and a new application is submitted within three years of the effective date, the Planning Act, as it read the day before the effective date, will apply." 17. Request the Province to permit annual indexing of the rates based on a blend of property value and construction cost inflation and calculated using public, third -party data if property values continue to be proposed to be used for the purposes of establishing the rate. Proposed Bill 108 - Preliminary City Comments Page 4 of 35 - 178 - 18. Request the Province to clarify Section 37 provisions in Bill 108 to: a) enable a municipality to have a city-wide community benefit charge by-law or area -specific by-laws provided only one community benefit by-law applies in any given area; b) recognize that maximum specified caps may differ in any given area within a municipality based on an analysis of local area needs and the anticipated amount, type and location of development as set out in the respective community benefit strategy; c) ensure that maximum specified rates as set out in any regulation will be established in consultation with municipalities with regular updates (e.g. no less than every five years) to the maximum specified rate contained within any regulation. 19. Request the Province to include a transition provision that specifies that the repeal of any provisions in the Planning Act which set out an alternative parkland dedication requirement will only occur once a municipality has enacted a community benefit charge by-law(s). 20. Request the Province to amend Section 42 of the Planning Act to provide additional predictability and transparency between Sections 37 and 42, and to support the achievement of complete communities in accordance with Amendment 1 of the Growth Plan, 2017 as follows: a) enable municipalities to secure the conveyance of land for park purposes as a condition of the development or redevelopment of land along with the ability to secure a community benefits (facilities) charge in accordance with Section 37 of the Planning Act; b) clarify that where a municipality secures the conveyance of land for park purposes as a condition of development or redevelopment, the community benefits (facilities) charge will not include a payment in lieu of parkland for the site; c) revise for residential development the maximum conveyance of land for park purposes to be based on a maximum per cent of the development site as determined through a community benefits (facilities) charge strategy and as established by by-law as opposed to 5 per cent of the land currently proposed in Bill 108; and d) allow municipalities to set different maximum rates for the conveyance of land for park purposes for residential development based on building type(s) and intensity of development to ensure equitable contributions between different types of residential development and to support parkland need generated by the development. 21. Request the Province to amend proposed Bill 108 to allow municipalities to require both the community benefits (facilities) charge and/or the provision of in-kind facilities and the conveyance of land for park purposes in plans of subdivision to achieve complete communities with additional amendments to section 51.1 as per the requested amendments to Section 42 of the Planning Act reflected in Recommendation 20. Proposed Bill 108 - Preliminary City Comments Page 5 of 35 - 179 - Development Charges Act Recommendations 22. Request the Province to delete provisions to delay development charges payment obligations and so preserve the concurrent calculation and payment of development charges. 23. Request the Province to not repeal the parkland and community infrastructure component of the Development Charges Act, 1997 in advance of the completion of the Community Benefit Charge Strategy and Community Benefit Charge By-law. 24. Request the Province to amend Subsection 2(4) of the Development Charges Act, 1997 to add "parks & recreation, and paramedic services" as growth related capital infrastructure. 25. Request the Province to amend Subsection 32(1) of the Development Charges Act, 1997 so that it reads: "If a development charge or any part of it remains unpaid after it is payable, the amount unpaid including any interest payable in respect of it in accordance with this Act shall be added to the tax roll and shall be collected in the same manner as taxes and given priority lien status." 26. Request the Province to amend Subsection 26.1(2) of the Development Charges Act, 1997 dealing with when a charge is payable, to provide definitions for the types of developments listed. 27. Request the Province to delete Subsection 26.1(2) 4. of the Development Charges Act, 1997. 28. Request the Province to ensure that the prescribed amount of time referred to in Subsection 26.2(5), (a) and (b) of the Development Charges Act, 1997 be set at no longer than two years. 29. Request the Province to amend the Development Charges Act, 1997 by adding the following provisions to permit the entering into and registration of agreements entered into pursuant to Section 27(1) of the Act: "27(4) Any agreement entered into under subsection (1) may be registered against the land to which it applies and the municipality is entitled to enforce the provisions thereof against the owner and, subject to the provisions of the Registry Act and the Lands Titles Act, any and all subsequent owners of the land." Ontario Heritage Act Recommendations 30. Request the Province that if the objection process is to be maintained as currently proposed in Bill 108, a time limit be included within which a person may object, by adding to the end of Subsection 27(7) of the Ontario Heritage Act, "within 30 days of the notice referred to in Subsection (5)." Proposed Bill 108 - Preliminary City Comments Page 6 of 35 - 180 - 31. Request the Province to amend Section 27 of the Ontario Heritage Act, to provide for a more efficient process for listings to allow an owner to object to a listing at a statutory public meeting before Council makes any decision, and in turn to make proposed Subsection 27(9) (Restriction on demolition, etc.) applicable from the date that notice is given respecting the proposed listing. 32. Request the Province to amend Section 29 of the Ontario Heritage Act, to provide for a more efficient process as follows: a) allow an owner to object to a notice of intention to designate at a statutory public meeting before Council makes any decision respecting designation; b) only permit an owner to appeal a notice of intention to designate to the Tribunal, or alternatively only permit an individual who has made an objection at a statutory public meeting to appeal a notice of intention to designate to the Tribunal; c) make the decision of Council to state its intention to designate appealable, rather than the bylaw itself and delete the time limit for designation by-laws to be passed. Alternatively, extend the time period to pass a designation by-law to one year; and d) If the opportunity to object to the Council's decision remains in the Act, then extend time periods for re -consideration of an intention to designate by Council to 180 days, allow for Council's decision to be appealed, and remove the timeframe within which a designation bylaw must be passed. 33. Request the Province to amend Part IV of the Ontario Heritage Act to provide clarity on the relationship between the individual heritage values and attributes of properties within the Heritage Conservation Districts and the values and attributes of the District, particularly as it pertains to alterations. 34. Request the Province to amend the Ontario Heritage Act Subsections 33(5) and 34(4.1) to change the headings to "Notice of Incomplete Application" and to add the words "that the application is incomplete" after the words "notify the applicant" for clarification. 35. Request the Province to amend the Ontario Heritage Act to extend time periods for consideration of alteration from 90 days to 180 days by deleting "90" and replacing it with "180" in Subsections 33(7)1 and 34(4.3)1; and/or make amendments to the Planning Act to state that where an application to alter or demolish is made under Sections 33 or 34 of the Ontario Heritage Act that the timelines in the Ontario Heritage Act prevail to the extent of any conflict for the purposes of the date an appeal may be made under the Planning Act regarding a Planning Act application. 36. Request the Province to make the decision of Council to state its intention to designate appealable, rather than the by-law itself, and extend the time period to pass a designation bylaw to one year. Proposed Bill 108 - Preliminary City Comments Page 7 of 35 - 181 - Growth Plan Recommendations 37. Request the Province to revise Proposed Amendment 1 of the Growth Plan, 2017, policies and mapping to recognize and include additional Provincially Significant Employment Zones in the City of Toronto, including the City's major office parks. 38. Support the inclusion of OPA 231 as a matter in process that should be transitioned and therefore not subject to a "A Place to Grow" provincial Plan and request that the Province modify O. Reg. 311/06 to add any decision made by Toronto City Council on the day before enactment of the proposed Amendment 1 to the Growth Plan, 2017, but are currently under appeal at the Local Planning Appeal Tribunal (LPAT). FINANCIAL IMPACT There are no financial implications arising from the recommendations in this report. Proposed Bill 108 is removing development charges (DCs) for growth -related parks and capital facilities from the Development Charges Act and rolling these into a capped community benefit charge regime in Section 37 of the Planning Act. About $924 million in DC funding is allocated to growth -related park and capital infrastructure projects in the City's 2019-2028 Council Approved Capital Budget and Plan (excluding carry forwards), with the largest amount being allocated to Parks, Forestry and Recreation (about $697 million). This funding supports parks, new child-care facilities, libraries, recreational facilities and improvement to existing facilities to address demand from development activities in communities across Toronto. Proposed Bill 108 is also removing the alternative parkland rate and limiting the use of parkland base rate under Sections 42 (parkland) and 51 (plan of subdivision) of the Planning Act. These tools are primary funding sources for new parkland and park and recreational improvements to support development, accounting for about $369 million in Parks, Forestry and Recreation's 2019-2028 Capital Budget and Plan. Proposed Bill 108 is removing the existing Section 37 density/height bonus provisions in the Planning Act and replacing this section with a capped community benefit charge regime that rolls -up development charges for growth -related parks and capital infrastructure, parkland and other community benefits. In the last three years Section 37 has been tied to substantial development approvals across Toronto, securing over $90 million in funding to support local improvements to over 150 community facilities and responding to increased service pressures from development with additional height and/or density permissions. Based on the City's preliminary review of proposed Bill 108, it is unclear as to the full extent of the financial impacts of the proposed amendments to the City, in part, because much of the detail will be in a yet -to -released provincial regulation. Based on the changes proposed by Bill 108 it would appear that the amendments would also impact the City with additional administration and operational burdens which may require Council to make decisions regarding the adjustment of city-wide service levels. Alternatively, this could include potentially considering increases to property taxes to fund community -oriented services, such as parkland, recreational centres, Proposed Bill 108 - Preliminary City Comments Page 8 of 35 - 182 - libraries, daycare services, etc. and other community benefits necessary to build a livable community. Staff will report further on proposed Bill 108 legislative and regulatory impacts as more details become available. Staff will also report through the 2020 budget process on any necessary curtailment of growth -related or other capital expenditures resulting from the enactment of Bill 108. Equity Impact Statement This report provides preliminary comments on Bill 108 which could have impacts on equitable access by diverse equity -seeking communities across the City, to community facilities, parks and affordable housing, arising out of fast paced growth and intensification of the City's complex and high intensity built environment. The report makes recommendations to mitigate impacts arising from the proposed legislation in order to maintain and improve the liveability of the City for all citizens, to ensure continued and meaningful community engagement in the city -building process and positive local economic outcomes and to ensure that the lead role that the City plays provincially in upholding the tenants of "good" planning practice, continues. DECISION HISTORY This report responds to the Province's May 2, 2019 release of Bill 108, the proposed More Homes, More Choice Act. The proposed legislation would, if passed, make changes to a range of existing legislation, including the Planning Act, the Development Charges Act, 1997, the Local Planning Appeal Tribunal Act, 2017 and the Ontario Heritage Act with a stated objective of intending to bring new housing online faster and reducing development costs while still ensuring that growth pays for growth and a reduction in municipal costs, and providing more housing options which can help make housing more attainable for the people of Ontario. Notwithstanding the current review, City Council has been engaged over the years in advocating for changes to Ontario's land -use planning and appeal system, the most recent being: • Planning and Growth Management Committee Report PG16.6. "Response to Provincial Consultation on Reforming the Ontario Municipal Board (OMB), adopted as amended by Toronto City Council on December 13, 2016. http://app.toronto.ca/tmmis/viewAgendaltemHistory.do?item=2016.PG16.6 • Planning and Growth Management Committee Report PG23.7. "Bill 139 - Proposed Amendments to the Planning Act and Province's Land Use Planning Appeal System" adopted as amended by Toronto City Council on November 7, 2017. http://app.toronto.ca/tmmis/viewAgendaltemHistory.do?item=2017.PG23.7 Proposed Bill 108 - Preliminary City Comments Page 9 of 35 - 183 - COMMENTS Proposed Bill 108 A stated objective of proposed Bill 108 and the accompanying Housing Supply Action Plan is to boost housing supply to address housing affordability. The legislation, however, contains no provisions to actually deliver affordability across the province's varied housing markets. Instead, it relies on the real estate market to freely pass along any reductions in development costs as savings for purchasers. There are many factors that influence housing supply and affordability. They include land and constructions costs, mortgage rates, and expectations for project profit. Toronto sets it growth -related requirements in consideration of development viability and based on the principle that "growth pays for growth". An analysis of typical total project costs for a residential development shows that municipal growth -related requirements generally represent less than 10% while construction and land costs represents over 60%. Further, analysis identifies that the market impacts of municipal growth -related requirements, such as parkland dedication, is mainly putting downward pressure on the value of land for redevelopment as opposed to impacting overall purchase prices. Like municipalities across Ontario, Toronto shares the objective of providing more housing choice to meet residents' needs, and approves more housing supply every year than can be constructed. With 140,441 approved but unbuilt residential units, and an additional 167,309 units currently under review, the need to plan for Toronto's long-term liveability and manage the impacts of growth is of paramount importance. Proposed Changes to the Planning Act - Schedule 12 of Bill 108 Schedule 12 of Bill 108 proposes amendments to the Planning Act. Amendments to the Planning Act brought about by Bill 139, the Building Better Communities and Conserving Watersheds Act, 2017 have been largely repealed. The proposed changes will have an impact on both the timing and approach taken by a municipality to evaluate development applications and by the LPAT to adjudicate an appealed application. Staff will undertake additional analysis and report back to Council once the regulations have been released and/or once the legislation comes into effect Shorter Timelines for Appeals of a Municipality's Failure to Make a Decision on a Development Application The timelines for municipal processing of development applications (before a right to appeal for a non -decision of Council arises), which had been extended in Bill 139, are now proposed to be shorter than the pre -Bill 139 timelines: Pre-Bi11139 Bill 139 Bill 108 Official Plan/ Official Plan Amendment 180 days 210 days 120 days Zoning By-law Amendment 120 days 150 days 90 days Draft Plan of Subdivision 180 days 180 days 120 days Proposed Bill 108 - Preliminary City Comments Page 10 of 35 - 184 - The Province contends that the reduction in processing timelines will have the effect of bringing more units to market in a timely fashion. Staff are of the opinion that this will not have its intended effect since shorter timelines could lead to more appeals for non - decisions and accordingly more time that a project is delayed at the LPAT awaiting a hearing. Furthermore, reduced timelines are impractical, and will impact the ability for staff to consult effectively with the public and to collaborate with applicants. The timelines being proposed are impracticable even for the most straight forward application and can have the effect of producing an adversarial process. Staff recommend that the Province increase the timelines to those contained in the current Planning Act which reflect the timelines put in place by the Province following extensive consultation with stakeholders. Limited Permissions for "Inclusionary Zoning" Municipalities are currently able to determine the areas where inclusionary zoning would apply. Unless otherwise prescribed by regulation, the proposed Planning Act changes in Bill 108 will limit a municipality's ability to apply inclusionary zoning only to protected major transit station areas, to locations where the municipality has adopted a development permit system and to location or locations where the Minister orders a development permit system to be put in place. Currently, municipalities are able to determine inclusionary zoning areas subject to the completion of an assessment report analyzing housing need and demand and the financial impact of inclusionary zoning in accordance with provincial regulation. The City has advanced work on the required assessment report and developed proposed policy directions that are advancing to public consultation over the course of the spring and summer 2019. The effect of linking inclusionary zoning to protected major transit station and development permit system areas will result in delays in getting an inclusionary zoning policy framework in place and creating new affordable housing. Amendments to the 2017 Growth Plan, which will come into effect on May 16, 2019, will enable municipalities to delineate major transit station areas in advance of a municipal comprehensive review, subject to the completion of detailed work in accordance with the protected major transit station area requirements of the Planning Act. The outcome will be that inclusionary zoning policies will not be able to be adopted until policies in respect of protected major transit station areas are adopted and approved. The establishment of a development permit system area is subject to a Minister's Order and also requires the completion of detailed analysis, again resulting in potential delays to the implementation of inclusionary zoning. Restriction on Third -Party Appeals of Plans of Subdivision and Condominium Approvals Changes are being proposed that will limit third -party appeals of plans of subdivision. Only the applicant, municipality, Minister, public body or prescribed list of persons are proposed to have the right to appeal an approval authority's decision on a draft plan of subdivision, lapsing provision or any condition of draft plan approval. This change is furthering the notion that, like site plan applications, which already restrict third -party Proposed Bill 108 - Preliminary City Comments Page 11 of 35 - 185 - appeals, there is merit to reducing appeal permissions for stand-alone plans of subdivision and condominiums in order to reduce application processing times and costs and to more quickly bring housing supply to market. Other Matters Staff note their support for two Planning Act provisions introduced under Bi11139 that remain in place and have not been affected by the introduction of Bill 108 including: Two-year freeze on secondary plan amendments, zoning by-law amendments and minor variances: The two-year prohibition on requests for amendments to secondary plans is proposed to remain, together with the two-year prohibition on zoning amendments/minor variance applications following the approval of a comprehensive zoning by-law or site-specific zoning by-law amendment. No appeals of the Minister's decisions: There continues to be no right to appeal the Minister's decision if the Minister is the approval authority of an official plan or official plan amendment, including in the case of municipal comprehensive reviews (an "MCR") and official plan review. This is particularly relevant since "A Place to Grow", 2019, which updates the Growth Plan for the Greater Golden Horseshoe, 2017, permits some employment land conversion without an MCR. Recommendations Regarding Planning Act Changes Introduced by Bill 108 Staff recommend that the timelines established for review of Planning Act applications before an appeal is permitted to the LPAT be returned to the timelines that were in effect under Bill 139, Building Better Communities and Conserving Watersheds Act, 2017. Staff also recommend that municipalities be permitted to utilize inclusionary zoning provisions of the Planning Act in broader situations than the proposed protected major transit station and development permit system areas. Proposed Changes Limiting the Ability to Plan for Liveable Communities - Schedules 3 and 12 of Bill 108 The Province has stated in its summary document for the More Homes, More Choice Housing Action Supply Plan that its intention is to ensure that "growth pays for growth". This is an important principle to ensure liveability. At the same time, the Province has stated that changes to the current system are needed to provide for more certainty with respect to what community infrastructure and benefits may be required as a condition of development. Bill 108 proposes to repeal the tools municipalities currently use to secure community infrastructure including Section 37 (density bonusing), Section 42 (parkland dedication), Section 51.1 (parkland dedication — plan of subdivision), and the growth -related park and capital infrastructure component of development charges. At the municipality's election these tools could be replaced by the Community Benefit Charge ("CBC"). The CBC would then apply to most applications, above a minimum threshold, and will act as Proposed Bill 108 - Preliminary City Comments Page 12 of 35 - 186 - the only development -related tool for municipalities to raise community infrastructure capital to meet the objective that growth pays for growth. Municipalities Directed to Deliver Complete Communities Amendment 1 to Growth Plan which will be in full force and effect on May 16, 2019 maintains the requirement for the provision of public recreation facilities to support complete liveable communities. Convenient access to public service facilities and parks contribute to vibrant neighbourhoods. People choose to live in neighbourhoods that have these amenities. In turn, these amenities are what make housing developments successful, attract investment and enable communities to thrive over the long-term. The development industry frequently uses the amenities in marketing their projects. To deliver healthy, vibrant communities, municipalities need to have access to effective development -related tools to secure parkland and community infrastructure. City Uses Range of Legislative Tools to meet Provincial Requirements & Deliver Liveable Communities The City uses provisions under the Planning Act to secure city building and community infrastructure such as parkland, community recreation centres, library improvements, non-profit arts, cultural, community or child-care facilities, conservation of heritage buildings, transit improvements and purpose-built rental housing. Section 37 is used to secure city building and community capital facilities through zoning by-law amendments that authorize increased height and density of development. Bill 108 repeals current Section 37 provisions and replaces them with a Community Benefits Charge. Between January 1, 2016 and December 31, 2018, in accordance with the Official Plan and in agreement with applicants, Section 37 was used to secure over $92 million in community benefits to address added pressure from the approval of significant new development worth billions. A further $91 million was secured for 150 specific community facilities, including: • $23.919M for affordable housing and Toronto Community Housing improvements; • 33 contributions to parkland and/parks improvements ($18M); • 20 public agency spaces including non-profit arts, cultural community or institutional facilities ($12.85M); • 8 community recreation centres ($10.3M); and • 6 Toronto Public Library capital improvements ($1.4M). Section 42 of the Planning Act, which has been in place legislatively since 1973, enables municipalities to require park or other recreational uses as a condition of development or redevelopment. There are two key components of this authority: a base rate and an alternative requirement. The base rate is two per cent of the land area for commercial or industrial development and five per cent of the land area for all other uses. The alternative requirement permits municipalities to set their own rates up to a maximum of 1 hectare/300 units for land and 1 hectare/500 units for cash -in -lieu. Proposed Bill 108 - Preliminary City Comments Page 13 of 35 - 187 - Municipalities may elect to require land dedication or cash -in -lieu which can be used for parks or other public recreational facilities. This rate is established by by-law and a municipality's Official Plan is required to have policies related to the provision of parks and the use of the alternative requirement. The ability for municipalities to use an alternative rate recognizes that the base rate (2 and 5 per cent) geared towards typical greenfield development scenarios fails to address the parkland demand and pressures generated by more intense forms of development particularly in established and fast growing urban settings. Toronto has had its current alternative rate in place for over 10 years. Toronto's rate is 0.4 hectares/300 units which is capped at 10 per cent of sites under one hectare, 15 per cent for sites over one hectare and 20 per cent for sites over 5 hectares. Toronto's rate is applied to the residential component of development in parkland acquisition priority areas across the city. Section 51 (1) of the Planning Act likewise enables municipalities to require the base rate (2 and 5 per cent) or an alternative rate of 1 hectare/300 units for plans of subdivision. Municipalities may do so without a by-law in effect if there are policies dealing with the provision of parks and the rate is outlined in its Official Plan policy. For plans of subdivision, there is a single maximum alternative rate of 1 hectare/300 units, not differentiated between land and cash -in -lieu. The City applies the same alternative rate framework as noted above for development secured through plans of subdivision under Section 51. The Development Charges Act, 1997 currently enables municipalities to include growth - related park and capital infrastructure in the development charge by-law to account for new facilities and services required to support growth. The growth -related park and capital infrastructure charges includes parks improvements, recreational facilities, libraries, child-care, pedestrian infrastructure and shelters. Housing Supply Can Be Delivered in Lock -Step with Securing Community Infrastructure The City monitors the development pipeline and assesses the progress to meeting Growth Plan targets for new housing. There were 242,081 units built from 2002 to 2018 in Toronto and a further 140,441 units that have received their first Planning approval but not yet built between 2014 and 2018, and an additional 167,309 units in projects currently under review. Just 17 years into the Growth Plan's forty -year forecast period, this a total of 382,522 units or 96% of the units required to accommodate the household growth to 2041. However, on an annual basis, over the past five years, Council has approved more units than were completed. If all of these units were realized and occupied at the average number of persons per household in apartments in buildings of 5 or more storeys, their estimated population could be 540,000 to 620,000 people, about one-fifth of the City's total population in 2016. Thus the need to plan for Toronto's long-term liveability and manage the impacts of growth is of paramount importance. Toronto's approved new housing supply has occurred concurrently with the City's comprehensive approach to city building. This approach is underpinned by the principle that good planning requires development to contribute to delivering community infrastructure (i.e. growth pays for growth). Bill 108 presupposes that securing Proposed Bill 108 - Preliminary City Comments Page 14 of 35 - 188 - community infrastructure has contributed to constraining the supply of new homes, while the data indicates that Toronto's housing completions and approvals are outpacing Growth Plan expectations. Today's Development Intensities Require Calibrated Tools to Meet Growth Driven Needs A key aspect of growth in Toronto is intensification of development. Generally, development sites are decreasing in size and accommodating more people in more units. Components of this trend include: • Toronto's additional population will be housed primarily in vertical forms, with over 95% of new housing today being constructed in buildings greater than 5 storeys; • 88% of all new units being proposed in Toronto are in a tall building; • City-wide, approximately 65 per cent of sites are less than 0.5 hectare (1.2 acres), and 80 per cent of sites are less than one hectare (2.47 acres). Half of all units that have not yet achieved building permit are located on these small sites; • In new developments, the highest intensities are found along higher order transit routes. These projects average 1,110 units per hectare - which is equivalent to 2,741 units or over 4,500 people per acre; • City-wide, mid -rise and tall buildings are being proposed on larger sites that used to be developed as low-rise subdivisions; and • Since 1996, the size of new residential units has declined an average of 25 per cent across the city, placing additional pressure on existing parks and community facilities. New development is delivering smaller units and more units per project, which translates into more residents using public facilities and public parks. These intensities are placing measurable pressure on Toronto's community infrastructure and parks. For example, over the next 15 years, 87 per cent of Toronto's census dissemination blocks (Statistics Canada's smallest geographic measurement unit) will see a reduction in parks provision due to growth with 17 per cent of the dissemination blocks having a pronounced reduction. The Council -adopted Facilities Master Plan has identified a need (based on the development pipeline) for $860.7M investment over the next 20 years to maintain provision rates in the face of a growing city. Bill 108 Proposes to Repeal Municipalities' Current Tools Supporting Growth As part of the proposed Planning Act changes the Province is proposing to repeal Section 37, which is used to support local community improvements to address added pressures from significant development. In its place, the Province proposes to introduce a new tool, the Community Benefits Charge ("CBC"). The proposed CBC regime will replace the existing density bonusing provisions in the Planning Act, development charges for discounted services (i.e., parks and community facilities), and in some cases, parkland dedication; essentially blending local and city-wide growth - related tools. And, unlike current Section 37 provisions which are intended to apply to increases in height or density above what the existing zoning would permit, the CBC may be imposed in respect of development or redevelopment irrespective of whether increased height or density is being sought by the applicant. . Proposed Bill 108 - Preliminary City Comments Page 15 of 35 - 189 - The proposed CBC can be imposed on developments or redevelopments that require a zoning by-law amendment or minor variance; a plan of subdivision, consent to sever or part lot control exemption; a condominium approval; or the issuance of a building permit. Bill 108 also sets out the following with respect to a CBC: • A municipality may by by-law impose a CBC against land to pay for capital costs of certain facilities, services and matters no longer proposed to be captured within a development charge by-law and for other facilities as may be prescribed. A CBC is a cash payment based on a percentage of the value of the land being developed or redeveloped; • Before passing a CBC by-law, municipalities will be required to prepare a "community benefits charge strategy"; • A future regulation will identify what is required to be completed for the strategy and any other facilities, services and matters and a maximum specific rate that can be included in a CBC by-law. Provincial staff indicated in its technical briefing after the proposed Bill 108 that the maximum rate would be established in consultation with each municipality; • The amount of the CBC will not exceed an amount equal to the prescribed percentage of the value of the land as of the day before the day the building permit is issued in respect of the development or redevelopment. (The prescribed percentage will be set out in a forthcoming regulation); • A municipality may allow a land -owner to provide contributions in-kind (facilities, services or matters required because of development), the value of which will be subtracted from the site's CBC requirement. The City cannot require in-kind facilities, services or matters; • There is no authority in proposed Bill 108 to enter into or register agreements binding on future owners regarding in-kind contributions; and • The Province will have the authority to exempt certain types of development from the charge. Repeal of Alternative Parkland Dedication Requirement. The Province is also intending to repeal the provisions which enable municipalities to have an alternative parkland dedication requirement for residential uses under Section 42 (parkland) and Section 51 (plan of subdivision) of the Planning Act. The proposed legislation only maintains the ability to secure the base rates of 2 per cent for commercial and industrial and 5 per cent for all other uses for park purposes if there is no CBC by-law in -force. Without a CBC by-law, the 2 and 5 per cent dedication requirements continue to be required to be set out in a by-law and the municipality determines if an application is providing land or cash in -lieu.. However, the regulation which prescribes the maximum rate and other details have not yet been released and are required to fully understand whether the CBC is an effective replacement to the alternative requirement or Subsection 42(1). This is also particularly important to understand as the CBC will need to be used by the City to both acquire new lands for parks and recreation purposes, as well as to make improvements to existing parks to support growth. Proposed Bill 108 - Preliminary City Comments Page 16 of 35 - 190 - Bill 108 has likewise repealed the alternative rate provision for plans of subdivision. In plans of subdivision, which ensure the suitability of the land for development, municipalities will not be able to apply a CBC by-law if they also wish to require parkland in a subdivision. In other words, municipalities will have to make a choice to secure parkland at five percent or receive payments towards other, necessary community infrastructure such as child-care facilities and libraries. This is a significant departure from the current system where a municipality typically requires the dedication of land for new parks and a range of in-kind facilities and/or cash contributions to support the daily needs of residents in these new communities. To this end, proposed Bill 108 moves away from the Province's stated 'growth pays for growth' objective and sets the conditions for two tiers of neighbourhoods in Ontario municipalities: those completed before Bill 108, where residents benefit from local community infrastructure versus neighbourhoods developed in a post -Bill 108 environment where neighbourhoods may have limited facilities and parks to support daily life. Development Charges will no Longer Contribute to Community Infrastructure The City is currently funding a range of parkland improvements, community recreation centres, child-care, libraries and related facilities using development charges. Under proposed Bill 108, a development charge by-law can no longer be used for these matters. At a yet unknown date prescribed by the Province, growth -related park and community infrastructure of development charge by-laws will be of no force and effect, even if a CBC strategy and by-law have not yet been adopted. Bill 108's proposed Development Charges Act changes has implications for the delivery of new child-care spaces to support growing communities across Toronto. The Children's Services' 10 -Year Capital Budget and Plan totals $83.032 million and includes financing of $20.077 million (24.2%) from development charges to support 12 childcare centre projects and the addition of 583 spaces. Likewise, development charges are used to support the Toronto Public Library capital building program, information technology assets and infrastructure, and the delivery of online library services. The demand for these services continues to grow each year and the aging infrastructure needs to be maintained, replaced or enhanced to meet demand. Toronto Public Library's 10 -Year Capital Budget and Plan totals $309.412 million including $103.973 million (34%) from development charges and $5.345 million of Section 37 funding (2%) to support the expansion and renovation of 21 branches and 4 technology projects that continue the implementation of the digital strategy. In addition, library collections, which are included in the operating budget, are also currently eligible for development charges for the growth -related portion. The Library's 2019 operating budget includes $20.414 million for the purchase of collections, of which $4.199 million is from development charges. Parks, Forestry and Recreation's 10 -Year Capital Budget and Plan totals $1.889 billion including $697 million (37%) from development charges to support investment in over 100 parks and parks related facilities (including 2 ferry boats); and 28 recreation Proposed Bill 108 - Preliminary City Comments Page 17 of 35 - 191 - facilities (including 19 community recreation centres and expansions, 4 arena and ice facilities, and 5 pools) in Toronto's neighbourhoods. Any changes to capital funding that result from Bill 108 that are not revenue neutral, including changes to the Development Charges Act, will have negative implications for the delivery of parks and community infrastructure in all communities across Toronto. Extent of Changes Cannot Be Fully Assessed Without the Regulations Although the Province's stated principle is that 'growth will pay for growth', the City cannot fully assess the impact of the proposed changes to community infrastructure delivery without reviewing the yet -to -be -released Provincial Regulations. This raises the following questions: • What will the land value percentage cap on the community benefit charge be? Will municipalities be consulted on the cap, and will it reflect differences in land values across municipalities? • Bill 108 indicates that some types of development will be exempted from the community benefit charge, what will those be? • Bill 108 indicates that some facilities, services and other matters will be exempted from the community benefit charge, what will those be? • Will the municipality be able to determine how the community benefits charge is allocated across services? • What will be the requirements of the community benefits strategy? • What will the land appraisal timelines be? • What system will apply to matters currently before the LPAT? and • What happens in the intervening period as it relates to parkland while a city is preparing its community benefits charge strategy and by-law(s)? It appears that municipalities will only have the ability to secure the Planning Act's base rate for residential developments that did not have a by-law passed prior to the effective date. Bill 108 Fundamentally Affects Municipalities' Ability to Plan for Liveable Communities Key issues with the proposed legislation, as it relates to community infrastructure, are outlined below: Bill 108 is a major departure from the fundamentals of good land use planning: The Province has historically recognized that parks are a central feature of land use planning. The Province has also acknowledged the role that development has in delivering parkland and first enabled municipalities to use an alternative rate in 1973. Bill 108, as proposed, forces municipalities to choose between the base parkland dedication rate and all the other components of liveable communities that are outlined in the Growth Plan itself. Base rates for land dedication will, in the majority of instances, not generate enough land for a functional park: The Planning Act's base rate is only effective on large sites for traditional low-rise subdivisions. With the base rate, the majority of development projects (60 per cent) in Toronto will be required to dedicated less than 200 square Proposed Bill 108 - Preliminary City Comments Page 18 of 35 - 192 - metres of parkland which does not support the needs of more intense developments or provide an area sufficient to provide park programming. Base rates for land dedication will not generate enough parkland to support the need generated from development: As new residential development has taken an increasingly vertical form, the proposed policies will severely limit the City's ability to achieve effective parkland dedication to support the needs generated by development. A percentage of land value does not reflect the cost of delivering public service facilities, with the exception of acquiring land for such services: Construction costs for community facilities are relatively constant across the city. Land values; however, are not. Today, construction costs for a typical community centre are approximately $600 per square foot in most areas of the city irrespective of land values. Areas with lower land values may not generate sufficient funds to support necessary infrastructure and this could result in disparities. Further, land values fluctuate and it would be difficult to set a rate based on land values to cover the cost of constructing facilities. New neighbourhoods need both parks and other community infrastructure: Communities are more than just housing. The current proposal forces municipalities to choose between providing parkland, or collecting fees to contribute to the delivery of community infrastructure which is not only at odds with good planning, but is also at odds with the Planning Act and provincial policies and plans. Both are essential to support people's needs and the intensification of communities. Parks are green infrastructure: Proposed Bill 108 does not recognize that parks are a critical piece of municipal infrastructure and a recognized component of green infrastructure as defined in both the PPS and Growth Plan. They help clean the air, recharge the groundwater, clean watercourses, limit damage that might arise from flooding and soil erosion and are essential for maintaining physical and mental health. In the context of extreme weather events, it is not a reasonable expectation for municipalities to choose between enhancing and expanding the parks system and other necessary community infrastructure. Fairness: Parkland dedication policies that are based on site size alone require a disproportionate dedication from lower -intensity developments. A four -storey apartment provides the same amount of parkland dedication as a 48 -storey tall building on sites of the same size even though the tall building is eight times more dense. On average, if the base rates are applied, this equates to approximately 0.45 square metres of parkland per person for tall building developments, 0.91 square metres for mid -rises and 2.3 square metres per person for low-rise developments. Land values are not a proxy for need: Areas with high concentrations of tall building developments have higher land values. In these areas, the cost of acquiring land for either community facilities or parkland is likewise high which would potentially consume any static rate established through the proposed CBC regime on a city-wide basis. Delivering community infrastructure requires long-range capital planning: Bill 108 proposes to let developers "lock -in" their development charge at the date of a specific planning application and CBC rates at the date of the first building permit. Locked -in Proposed Bill 108 - Preliminary City Comments Page 19 of 35 - 193 - lower fees reduces or eliminates the incentive for timely application for building permits. For municipalities to prepare capital plans, there needs to be certainty that fees and charges are indexed and correlate with increasing construction costs. Bill 108's approach will limit municipalities' ability to be forward thinking in capital plans, particularly if once payments are made, they are no longer calibrated to the cost of delivering new community infrastructure. Toronto is a diverse city with diverse needs: Completing a single community benefits charge strategy for a city with needs as diverse and growth as intense as Toronto is a significant undertaking. Without clarity on the Provincial Regulation, it is assumed that such a Strategy would require detailed capital planning and extensive public consultation. Council has adopted various city-wide plans, such as the Child Care Growth Strategy, Parks, Forestry and Recreation's Facilities Master Plan and Toronto Public Library Facilities Master Plan, while others, such as the Parkland Strategy, are under development. Adequate transition between the current legislation and any amendments needs to be provided so that the City can complete the Strategy and bring forward the CBC By-law. In-kind dedications expedite facility completion and meet people's needs sooner: In the 4 years, the City has secures 106 parkland dedications, 4 community centres and 5 childcares being constructed by developers and secured through Section 37 and/or Section 42. In addition to facilities identified in zoning by-laws, enabling the City to require in-kind dedications means that residents of new developments can access facilities earlier. A recent example of this partnership with developers was the Parkway Forest redevelopment which included the delivery of a new community centre along with a broad range of housing sizes and tenures. Recommendations Regarding Development Charges & Planning Act Amendments The City recommends the following in response to the Province's proposed change to the structure of community infrastructure and parkland dedication: • Enable municipalities to require both community benefits and parkland dedication on individual sites or in plans of subdivision to achieve complete communities; • Classify Parks and Recreation and Emergency Medical Services as growth -related infrastructure and preserve their eligibility for development charges; • Enable municipalities to set an alternative rate for parkland that is calibrated to residential intensity; • Retain current Planning Act provisions that permit municipalities to require parkland dedication (as land) as a condition of development or redevelopment for individual sites and plans of subdivision; • Index the Community Benefit Charge to the cost of construction for new facilities. • Set a scale of CBC caps based on an analysis of local area sub -markets and in consultation with municipalities. Update the analysis and caps at regular intervals; • Do not repeal growth -related park and community infrastructure of the Development Charge Act in advance of the completion of the CBC Strategy and CBC By-law; and • Retain the dispute resolution measures for land appraisals. Proposed Bill 108 - Preliminary City Comments Page 20 of 35 - 194 - Changes to the Planning Appeal Process introduced through Proposed Amendments to the Planning Act & the Local Planning Appeal Tribunal Act - Schedules 12 and 9 of Bill 108 Bill 108 represents a fundamental shift in how the Province views the land use planning appeal system in Ontario. It proposes to repeal many of the significant amendments introduced through Bill 139, the Building Better Communities and Conserving Watersheds Act, 2017. According to the province, changes proposed by Bill 108, to the land use planning appeal process, are intended to simplify and streamline the adjudication process to help bring new housing online faster, reduce development costs, accelerate local planning decisions and provide more housing options for Ontarians. Repeal of Two -Step Appeal Process and Wider Grounds for Appeal Bill 108 reverts back to the former, more adversarial, OMB process. It proposes to repeal the two-stage appeal process, and the mandatory testing for consistency and conformity with provincial policies and plans and return to a single "de novo" hearing. Specifically, Bill 108 proposes to repeal the requirement that appeals be heard exclusively on the basis that approval of the given planning matter (such as official plan and zoning appeals) is inconsistent with a provincial policy statement, fails to conform or conflicts with a provincial plan or fails to conform with an Official Plan (in the case of a zoning bylaw). Appellants can still raise these grounds of appeal (and provide supporting reasons) but would no longer be limited to just those grounds. Changes to Procedural Control over Hearings Existing restrictions on a party's ability to introduce evidence and call and examine witnesses at hearings introduced by Bill 139 are proposed to be repealed by Bill 108. The LPAT will now have the power to limit any direct examination or cross-examination of a witness if the Tribunal is satisfied that all matters relevant to the issues in the proceeding have been fully or fairly disclosed, or in any other circumstances, the Tribunal considers fair and appropriate. Bill 108 proposes to limit the submissions by non-parties to a proceeding before the Tribunal to written submissions only but provide the Tribunal with the authority to examine the person who made the submission. In addition, Bill 108 proposes to now provide for mandatory mediation or other dispute resolution processes if prescribed, in specified circumstances and repeals provisions relating to the Tribunal's ability to state a case in writing for the opinion of the Divisional Court on a question of law. Implications of the Proposed Amendments to the Planning and LPAT Acts Bill 108 will likely result in an increase in appeals of planning applications, by limiting municipal opportunities for comprehensive front -end -of -process file management and dispute resolution processes, such as mediation or other forms of collaborative decision-making, due to greatly expedited development application processing Proposed Bill 108 - Preliminary City Comments Page 21 of 35 - 195 - timelines. Councils may proceed more quickly to refuse an application in order to avoid a non -decision scenario in the absence of the opportunity to fully understand the planning implications of the application. The return to de novo hearings based on wider grounds for appeal, and the reinstatement of the power of the LPAT to be a substitute decision maker for Council may have the effect of reducing regard for City Council decision-making authority with regard to the disposition of planning matters. Recommendations Regarding Planning & LPAT Act Changes Introduced by Bill 108 Staff recommend that the Province retain the existing Planning Act grounds for appeals of zoning by-laws and official plan amendments to only include testing for consistency with provincial policy statements, conformity with provincial plans and (for zoning by- laws) conformity with the Official Plan and to incorporate other legislative measures that would provide for more deference to the decision-making powers of municipal councils. Proposed Changes to the Development Charges Act - Schedule 3 of Bill 108 Bill 108 introduces significant changes to the financial tools available to the City. Planning Act changes with respect to Section 37 (density and height bonusing), Section 42 parkland dedications and payments in lieu, along with proposed changes to development charges (DCs) for growth -related park and community infrastructure will be replaced with a capped community benefits charge. The affected DCs comprise about 25% of the City's residential DC recoveries. Proposed Bill 108 also restricts the Development Charges Act, 1997 to the following services: roads, water, wastewater (sewer), storm water management, transit, waste diversion, policing, fire and electrical (not applicable to Toronto) and any other services prescribed. These services will be subject to changes as to when payments are calculated and when payments are to be made. The Province has indicated in press releases that the changes are intended to be revenue neutral to municipalities. This is a key commitment because the impact of these changes could be significant for funding of growth -related infrastructure. Annual City DC revenues impacted by proposed Bill 108 changes and therefore at risk are expected to be about $500 million per year once the current DC by-law rates are fully phased in. Most of the changes to the Development Charges Act, 1997 have no direct link to housing supply or price. For municipalities, there is the potential for a simpler and more flexible regime depending on implementation details, but infrastructure cost recovery seems likely to be subject to additional, rather than fewer, constraints. The chief beneficiaries of the proposed changes appear to be land developers, for whom price certainty, deferred payment and avenues for regulatory constraints on the application of the new community benefits charges will reduce risk. It remains to be seen whether this would translate into benefits to purchasers and occupants of new development. Proposed Bill 108 - Preliminary City Comments Page 22 of 35 - 196 - Proposed Bill 108 also includes changes to the statutory exemptions from DCs for second suites in new detached, semi-detached, and row houses in primary dwellings and ancillary buildings or structures (such as coach houses and laneway houses). Council had directed staff to report back on this type of measure. Preliminary analysis indicates that it can improve supply at low cost if paired with requirement that the second unit be subordinate in size to a significant degree. If passed these exemptions would become mandatory. The following provides a preliminary assessment of proposed Bill 108's financial implications and risk exposure to the City. As noted previously, much of the details are to be set out in the provincial regulation that have yet to be released, and these impacts will be assessed as more information becomes available. Potential Financial Impacts The proposed changes represent a significant rethink of the financial tools available to the City. Some changes, such as the separation of DC rate crystallization and collection dates as well as capping of the community benefits charge, would reduce revenues and have cash flow implications for the City. Some of the changes warrant further consideration. For example, there is no linkage between Bill 108's proposal to use land values as the basis for community benefits charge and municipal construction costs which are to be funded through the charge. Land values vary across the city while service costs are relatively constant. Therefore, a growth -supported community benefit charge will fluctuate impacting the City's ability to deliver new parks and community infrastructure. In addition, the proposed dispute resolution process for the valuation under the community benefits charges will increase red tape and slow the funding available. Financing of land developer DC costs at non - market rates introduces revenue and collection risks.These changes could have significant implications on the City's ability to fund community infrastructure, such as child- care facilities, libraries and recreational facilities across Toronto. The CFO will report on recommended strategies and impacts associated with the revenue expectations, such as implications on the growth -related capital plan or tax rate impact, as more information becomes available. Section 37 and Section 42 Revenues & Funding To support the pressures new development places on community infrastructure, the City secures funding under the Planning Act's Section 37 and 42, and has allocated approximately $490 million of this funding to programs and projects in its 2019 operating budget and 2019-2028 capital budget and plan, as noted below. Parks, Forestry and Recreation will have the most significant impact of all of the City's services, with approximately 80% of these funds contributing to secure parkland, park improvements and recreation facilities to support future growth. Proposed Bill 108 - Preliminary City Comments Page 23 of 35 - 197 - Table 1: Section 37, and 42 Budgeted Funding 2019-2028 Capital Budget and Plan ($000s) Program Section 37 Section 42 - 2%/5% Section 4Z- Alternate Rate Total Children's Services 1,578 2.49% Shelter 1,578 Economic Development and Culture 7,277 Development -related Studies 0.64% 7,277 Facilities Management, Real Estate & Environment 2,704 0.33% Pedestrian Infrastructure 2,704 Parks, Forestry & Recreation 32,852 337,963 31,37C 402,185 Toronto Parking Authority L352 1,352 Toronto Public Library 5,345 5,345 Transportation Services 30,123 30,123 Waterfront Revitalization Initiative 23,109 23,109 Total 104341 337,963 31,370 473,673 Notes: Section 37 estimates include preliminary carry forwards. Section 42 estimates include final carry forwards. Development Charge Rate, Funding and Revenue Impacts The growth -related park and community infrastructure component of DCs represent approximately 26% of the City's current residential charges (see details below) and are forecast to generate approximately $125 million in revenues annually after the rates are fully phased -in on November 1, 2020. About $924 million in DC funding is allocated to growth -related park and community infrastructure capital projects in the 2019-2028 capital budget and plan, with the largest amount being allocated to Parks, Forestry and Recreation (about $697 million). Table 2: Growth -Related Park and Community Infrastructure Proposed to be Removed from the Development Charges Act, 1997 DC Service % of Residential Charge* Parks and Recreation 13.12% Subsidized Housing 6.39% Library 2.49% Shelter 1.01% Child Care 0.96% Development -related Studies 0.64% Paramedic Services 0.61% Civic Improvements 0.33% Pedestrian Infrastructure 0.07% Health 0.01% Total 26.63% fective Nov 1/19 Proposed Bill 108 - Preliminary City Comments - 198 - Page 24 of 35 Table 3: 2019-2028 Capital Budget and Plan - Growth -Related Park and Community Infrastructure DCs by Program ($000s) City Planning, 28,489 Toronto Paramedic -- Services, 32,229 Waterfront Revitalization Initiative*, 40,499 Toronto Public Library, 103,973 Children's Service 19,932 Financial Services, 1,175 Toronto Public Health, 88 Parks, Forestry & Recreation, 697,206 Approximately $924 million in park and community infrastructure service DCs *Note: Waterfront DCs are split between park and community infrastructure and engineered services and a breakdown was not available at the time of preparation. Estimates exclude carry forwards and DC funding to operating of approximately $30-45 million annually for growth -related debt service costs, affordable housing, library materials and DC administration. DCs for the balance of services (i.e. 'hard services' are transit, roads, water, sewer, stormwater, policing and fire) represent approximately 74% of the City's current residential charges and is forecast to generate approximately $375 million in revenue annually once the rate increases are fully phased-inonNovember 1, 2020). About $2,067 million in DC funding is allocated to "hard services" growth -related capital projects in the 2019-2028 capital budget and plan, with the largest amount being allocated to transit projects (approximately $829 million). Other Changes to the Development Charges Act Timing for the Collection of Payments : • Currently, DCs are calculated and collected at the time of building permit issuance. The proposed changes will crystallize the obligation to pay DCs at rates that are in effect at an earlier point in time (e.g. when an application is made for site plan or zoning approval) and collected later; • For some development (i.e. rental housing, institutional, industrial, commercial and non-profit housing), DCs would be paid in equal annual installments over a six-year period following the earlier of an occupancy permit or first occupancy. For all other developments, DCs would continue to be paid at the time of building permit issuance; Proposed Bill 108 - Preliminary City Comments Page 25 of 35 - 199 - • These changes could have significant financial implications to the City as land developers will use early trigger points to avoid rate increases (the City's remaining scheduled 2018 by-law rate increases on November 1, 2019 and November 1, 2020. The deferred collection is effectively an unsecured loan from municipalities to developers with potential municipal exposure to collection administration and risk. Municipal borrowing capacity is not unlimited, and the cost or benefit will depend on interest rates set by regulation and the City's ability to fully recover costs through the community benefits charge; and • The changes will result in additional administrative burden for differing collection timing and require updates to IT systems (e.g. IBMS). Second Suites: • The proposed Bill would allow second suites in detached, semi-detached, and row houses in primary dwellings and ancillary buildings or structures (such as coach houses and laneway houses); and • Municipalities are required to exempt secondary suites from DCs which will have a corresponding financial impact. Transition: • DC by-laws that expire after May 2, 2019, and before a prescribed date to be set in provincial regulation shall remain in force until the earlier of: a) The day it is repealed; b) The day the city passes a community services benefits by-law; and c) A prescribed date. Other changes • Eliminating a 10% statutory reduction for solid waste diversion capital costs; and • Exempting the conversion of communal areas to residential units in rental buildings. Assessment and Next Steps Potential Impact on capital expenditures - The development -related revenues outlined above will be subject to new rules and risks under the proposed legislation. Like other municipalities relying on these kinds of revenues to support growth related expenditures (i.e. growth pays for growth), revenue risk and uncertainty will require a re -assessment of expenditure plans. Even if revenues were to be maintained at the current level, which appears unlikely due to the new avenues for regulatory constraints, the new regulatory risks and delayed collection may require a more conservative approach to investment in growth -related infrastructure. Service levels can be expected to decline, and development may slow down where enabling infrastructure is delayed. Potential impact on administrative processes - The new community benefits charge will require new processes that will take time to develop. Each development that previously could rely on a published DC rate schedule to determine payment obligations will in the future rely on an individual relatively more subjective and disputable property valuation assessment. This could introduce new delays. Also, land values have little relation to infrastructure cost (other than land purchase), and so the distribution of the tax burden under the community benefits charges will change relative to the DCs they replace. Remaining DCs for 'hard services' are to be calculated upon a planning trigger such as Proposed Bill 108 - Preliminary City Comments Page 26 of 35 - 200 - a site plan or zoning application. Clarity will be required about the threshold for the trigger, and systems to track these valuation dates in order to avoid disputes. It appears that the government's intention is to reduce procedural delays and improve fairness. To achieve this objective the regulations will have to be carefully crafted with input from municipal administrators. New separation between DC calculation and timing of the payment - For the remaining DCs for 'hard services' the Bill would separate the payment calculation from payment timing by many years in most cases, and tens of years in some cases unless otherwise prescribed. This is a very significant change, providing cost certainty for developers without any financial investment. If the municipality builds the enabling infrastructure, it would more frequently be required to borrow the money, increasing public debt, cost and repayment risk. This is compounded by the proposal to defer payment for many forms of development over a 6- year period starting at occupancy. Again, this increases municipal borrowing, cost and risk. It amounts to construction loans to the applicant, at interest rates and security not set by the market, but through regulation. Recommendations Regarding Proposed Development Charges Act Amendments • Council endorse the principle that the changes proposed in Bill 108 should be revenue neutral to the City and that growth should pay for growth; • Council authorize the Chief Financial Officer and Treasurer to provide input to the Province of Ontario on financial matters associated with Bill 108 including to request the Province to delete provisions to defer DC payment obligations and so restore the concurrent calculation and payment of DCs; • Council request the Province to provide a thorough stakeholder consultation process in the development of the Regulations; and • Council direct the Chief Financial Officer and Treasurer to report back through the 2020 budget process, in collaboration with impacted Divisions, on any necessary curtailment of growth -related or other capital expenditures resulting from the enactment of Bill 108. Proposed Changes to the Ontario Heritage Act - Schedule 11 of Bill 108 Bill 108 includes substantial changes to the Ontario Heritage Act and will have impacts on how the City undertakes heritage conservation. The Bill introduces appeal rights in relation to designation bylaws and alteration applications that do not exist under the current legislation. It establishes a new requirement to confirm a complete application for alteration and demolition applications and to make a decision in respect of these applications within a specified time period, failing which, there will be deemed consent. Bill 108 establishes a notification and objection process for listing properties on the Heritage Register. The Bill also establishes a preliminary review process in relation to designations whereby a person may object to an intention to designate and Council must reconsider its decision in light of the objection within a specific time limit. Failure to pass a designation by-law within the set time line will mean that the intention to designate will be deemed to be withdrawn. Failure to initiate a designation process Proposed Bill 108 - Preliminary City Comments Page 27 of 35 - 201 - within a set time period following the occurrence of a yet to be determined "prescribed event" will preclude Council from initiating a designation process entirely. A new section 26.0.1 in the Act will require Council to consider a set of prescribed principles when exercising its decision-making authority under the Act. Regulations are not yet available, so it is unclear what the nature of these principles may be and what effect they will have on heritage decisions. Notice to Owners regarding the Listing of Heritage Properties Council will be required to provide notice to owners within 30 days of its decision to list a property on the Heritage Register. Regulations will prescribe the contents of the notification. Currently, the City of Toronto provides notice to owners in advance of the Toronto Preservation Board and Community Council meetings where recommendations for listing are made within a staff report. Property owners will now be able to object to Council's decision to list a property and Council will be required to consider any objection and make a second decision to confirm or remove the listing. Council must then provide additional notice to the owner within 90 days of its decision. Under the new Section 27(3), the proposed amendments do not specify a time limit for objections. Notice to Owners regarding the Designation of Heritage Properties, Amendments & Repeals of Designation By-laws The Bill proposes that Council will not be permitted to give notice of an intention to designate a property under Section 29(1) of the Act more than 90 days after a "prescribed event," subject to exceptions that may be prescribed. There are currently no limits placed on when Council may provide notice of an intention to designate a property. What constitutes a "prescribed event" has yet to be defined by regulation. Council will be required to consider and make a decision on a notice of objection to the designation of a property under Section 29(1) of the Act within 90 days after the end of the 30 -day period during which a notice of objection may be filed. Adjudication of Appeals of Designation By -Laws by LPAT Designation by-law appeals will now be adjudicated by the LPAT. Formerly, City Council had the final authority for designation. Designations (and alterations) could be appealed to the Conservation Review Board whose decisions were non-binding on Council but who did review the merits of Council's original decision. Bill 108 will now give LPAT the final determination within the designation appeals process, with new abilities to dismiss appeals, to repeal or amend by-laws or to direct Council to repeal or amend the bylaw in accordance with a Tribunal order. If Council does not pass a designation by-law within 120 days of publishing a notice of intention to designate (90 days following the end of the objection period), the intention will be deemed to have been withdrawn. If appealed, the designation by-law will not come into force until all appeals to the LPAT are withdrawn or dismissed. Proposed Bill 108 - Preliminary City Comments Page 28 of 35 -202- If Council fails to pass a designation bylaw within the proposed timelines, it may recommence the process by making another decision to state its intention to designate. However, Council could be precluded from recommencing the process in the circumstance wherein a "prescribed event" has occurred in the interim period. . Statutory Time Limits Regarding Provision of Various Notices, Decision Making & Passing of Designation By-laws The introduction of new statutory time limits in relation to the provision of various notices, decision making and the passing of designation bylaws will require the implementation of an integrated tracking tool coordinated within City Planning, Clerks and Legal Services to ensure that the City is able to act in a timely manner. The inability to meet the new timelines would have significant negative implications for the protection of heritage resources. Despite maintaining Sections 30(1) and (2) in the Act, which provide for the voiding of permits and interim controls on demolitions subsequent to Council issuing a notice of intention to designate, it is not clear whether these protections will continue until such time as an appeal in relation to a designation by-law has been finally determined by the LPAT. (Currently, a notice of intention voids permits (e.g. demolition) and properties are treated "as designated" for the purposes of the Act). The proposed changes will result in changes to the City's process of listing and designating heritage properties by requiring Council to reconsider its decision to issue a notice of intention to designate should an objection be received. Should Council not reconsider its decision within the defined time periods (or fail to pass a designation bylaw), the intention to designate will be deemed to have been withdrawn. Should Council, following its consideration of an objection, adopt a designation bylaw, a person who objects to the bylaw will have the right to appeal Council's decision to the LPAT. Depending on what constitutes a prescribed event, it may be necessary for Council to state its intention to designate a property prior to the submission of a development application. (Currently listing and designation of a property often occur in tandem with the planning process). Principles Required to Designate Heritage Conservation Districts (HCDs) Bill 108 enables the Province to introduce principles in relation to Heritage Conservation Districts that Council will be required to consider when making decisions about designating a district, or when making decisions affecting the District. Draft principles have yet to be released, and as such the implications of this new requirement are not yet known. Of concern would be the relationship between provincial principles and the stated objectives of the District. In addition, new language inserted in Section 34.5 (2) of the Act makes it unclear how individual property attributes are intended to be regulated within a district plan area which, by definition, is intended to manage change at an area -wide scale and which currently provides general policies and guidelines for alterations. Depending on the intent of the policy, this may require revisions to the Proposed Bill 108 - Preliminary City Comments Page 29 of 35 - 203 - Council -approved guiding document for HCDs. City Planning will need to determine the level of revision required to HCDs currently under development and those under appeal. Complete Application Requirements for Alteration & Demolition Permits Council must make decisions with respect to alteration and demolition permit requests within 90 days of confirmation of notice of complete application (a new concept in the context of the Ontario Heritage Act). What constitutes a complete application will either be defined by regulation, or the Province will allow a municipality to define requirements by by-law. This has yet to be determined. Bill 108 establishes a new 60 -day timeline for notifying property owners of whether their applications for alteration and demolition are complete. However, the Bill is unclear in terms of what would occur in the event of a notice of incomplete application. The practice of Heritage Preservation Services staff to review heritage permit applications concurrently with Community Planning's review of planning applications remains a goal of the City. This practice has allowed conservation strategies to evolve within the planning process. New mandatory time limits may force the City to consider planning and heritage applications separately given that the timelines as they relate to complete applications under both the Planning Act and the Ontario Heritage Act may not align. At present, the majority of heritage permits are issued through the building permit process, with no separate applications (or fees) required by the City under the Ontario Heritage Act. This streamlined approach to heritage permit review has been a significant cost and time savings for owners who do not require additional permissions such as a change to the existing zoning by-law. Heritage Preservation Services reviews over 2200 permits a year and on average 70% of those applications are given heritage approval within 3 days. With additional emphasis on expeditious decision-making and mandatory adherence to a complete application review for all alterations and demolitions, City Planning will need to provide owners with a more formal application process, which will need to align with the planning application or building permit processes. If the proposed changes come into effect, staff will need to review and update Section 103 of the Municipal Code, which sets out the required contents of various applications made under the Ontario Heritage Act and which also describes certain actions that can be delegated to staff. In addition, the current process of combining alteration and designation reports in a single report will need to be examined. Implications of Proposed Amendments to the Ontario Heritage Act The proposed changes to the Ontario Heritage Act will challenge the ability of the City to conserve its heritage resources within a complex land use planning environment. The Bill provides for a back -end dispute model rather than a model providing for front-end consultation that would allow for Council to make a more informed decision in the first instance. The Bill lays out many new mandatory timelines and requirements that have the potential to further complicate the process for owners and the municipality. The loss of latitude for fluid decision-making will force the City to establish a rigorous application Proposed Bill 108 - Preliminary City Comments Page 30 of 35 -204- procedure to ensure that all timelines are adhered to and the City's interests are protected. Given the volume and complexity of heritage permit applications, a standardized permit process and new fees will likely be required. The proposed changes will impact the manner in which listings, designations, alteration and demolition applications are tracked. The local disposition of a first round of appeals of designations will need to be undertaken cross -divisionally. The intersection between heritage permits and other permits/planning applications will require reconsideration of the development review process. Revised Municipal Code requirements will also be a natural consequence of proposed changes. Staff resources will need to be evaluated in light of the current volume of permit applications to ensure the delivery of heritage reports and notices occur within the specified timelines. Also, the proposed (substantially reduced) time limit for planning decisions to be made on zoning by-law amendments will create challenges for staff where heritage properties are involved in a planning application. Due to the various imposed time limits that will guide the designation reporting process, the committee report structure may need to be streamlined Given the proposed timelines in the absence of new practices, procedures and resources, Bill 108 could result in the loss of heritage properties. Recommendations Regarding Proposed Changes to the Ontario Heritage Act Listings: To provide for a more efficient process for listings under section 27 of the Ontario Heritage Act, the proposed legislation should provide the opportunity for owners to object to a listing at a statutory public meeting in advance of the Council meeting and remove the opportunity to object following Council's decision. In order to provide interim protection for properties recommended for listing, it is further recommended that the Province include a proposed Subsection 27(9) which is applicable from the date that notice is given respecting the proposed listing. If the objection process is to be maintained as currently proposed in Bill 108, it is recommended that a time limit be established within which a person may object by adding to the end of Subsection 27(7) the words" within 30 days of the notice referred to in subsection (5)." Designations: With respect to section 29 of the Ontario Heritage Act, reinstate Council authority over Part IV designations OR if the province is not inclined to remove the appeal right to the LPAT then: • Provide for a more efficient process by allowing the owner to object to a notice of intention to designate at a statutory public meeting before Council makes any decision respecting designation; • Only permit an owner to appeal a notice of intention to designate to the LPAT, or alternatively only permit an individual who has made an objection at a statutory public meeting to appeal a notice of intention to designate to the LPAT; • Make the decision of Council to state its intention to designate appealable, rather than the by-law itself and delete the time limit for designation by-laws to be passed or alternatively, extend the time period to pass a designation bylaw to one year; and Proposed Bill 108 - Preliminary City Comments Page 31 of 35 -205- • If the opportunity to object to Council's decision remains in the Act, then extend time periods for re -consideration of an intention to designate by Council to 180 days, allowing for Council's decision to be appealed, and removing the timeframe within which a designation bylaw must be passed. Heritage Conservation Districts: Provide clarity on the relationship between the individual heritage values and attributes of properties within the HCDs and the values and attributes of the District, particularly as it pertains to alterations. Alteration and Demolition Applications: Clarify what would occur in the event that the City issues a notice of incomplete application within the specific response time period. Recommend that outstanding material be required, following which the City must issue a further notice regarding completeness similar to requirements for complete applications under the Planning Act: • The time period for Council's consideration of an application should only commence upon the issuance of a notice of complete application; • Extend time periods for consideration of alteration/demolition applications to 180 days; or • Where a related rezoning application has been made under the Planning Act, allow for the timeline for Council's consideration of an alteration or demolition application to align with its decision on the Planning Act matter, so long as that time period is longer than the time period that would otherwise be afforded to Council to make a decision on the alteration or demolition application. Amendment 1 to Growth Plan, renamed to A Place to Grow: Growth Plan for the Greater Golden Horseshoe 2019 Amendment 1 to the Growth Plan, 2017 was released on January 15, 2019, to which Council adopted specific requests to the Province at its meeting on February 26, 2019 (Decision History: Item PG2.4). On May 2, 2019, the Province released "A Place to Grow", which will come into effect on May 16, 2019 and upon which all planning decisions will be required to conform. This new Plan will now replace the previous Growth Plan for the Greater Golden Horseshoe, 2017. Through "A Place to Grow", the Province intends to introduce more flexibility to planning and greater local autonomy. The following are the key policy changes introduced by the 2019 Plan, their likely impacts, and staff's preliminary analysis. These changes will have work program implications, which will be analyzed over the coming weeks and months. Requests for Additional Provincially Significant Employment Zones (PSEZs) The "A Place to Grow" Plan introduces 10 PSEZs in Toronto, which accounts for approximately 67% of the lands designated as Employment Areas in the Official Plan. These PSEZs would only be subject to conversions to non -permitted uses (including residential) during a Municipal Comprehensive Review (MCR), initiated by the City. PSEZs are intended to provide the basis of a regional economic development strategy. The PSEZ definition now includes the provision that these zones can consist of Proposed Bill 108 - Preliminary City Comments Page 32 of 35 -206- employment areas as well as mixed-use areas that contain a significant number of jobs. Ministry staff will be continuing their due diligence and may identify additional PSEZ in the near term. A new policy allows municipalities to request the Province to review and update the identification of PSEZs. The non-PSEZs within the City (approximately 33% of the City's Employment Areas) could be subject to conversion requests before the next MCR, provided that certain criteria are met. These criteria include: the demonstrated need for the conversion; proposed uses would not adversely affect the overall viability of the Employment Area; necessary infrastructure exists or is planned for the area; and a significant amount of jobs are maintained on the lands. Non-PSEZs will still remain as Employment Areas and in the event Council determines that a non-PSEZ could be converted, local area studies should be undertaken prior to recommending any pre -MCR conversions. These local area studies will apply "A Place to Grow" criteria and put in place a planning framework to deploy future jobs through a consultative planning process with affected area residents and businesses. The 2019 Plan defines "office parks" as Employment areas designated in an official plan or areas where there are significant concentrations of offices with high employment densities. Delineating Major Transit Station Areas (MTSAs) The "A Place to Grow" Plan increases the MTSA radius to include a range between 500-800 metres around the station. The policy changes allow the City to delineate MTSAs in advance of the next MCR, provided that a very detailed implementation framework is brought into effect in accordance with Section 16(15) of the Planning Act. This Protected-MTSA framework must identify the number of residents and jobs per hectare, permitted uses and minimum densities with respect to buildings and structures in the area. This level of detail would be advanced through an implementing zoning by- law for a given study area. Intensification Strategy The "A Place to Grow" Plan requires that all municipalities develop a strategy to achieve intensification throughout the Delineated Built-up Area, within which the entire City is fully situated. A Place to Grow, 2019 removes the Policy 2.2.2.3.a, which encouraged intensification generally to achieve the desired urban structure, policy reference to anchoring growth management and intensification policies within an urban structure framework, in Toronto's case, Official Plan Map 2: Urban Structure. The Plan requires municipalities to identify appropriate development in strategic growth areas and transition of built form to adjacent areas. Transition for Matters in Process or before the LPAT Through a Regulation, the Minister identified OPA 231 (Employment Areas) as a matter that would be transitioned under the 2006 Growth Plan. The commenting period for this proposal is June 1, 2019. Staff support the identification of OPA 231 as a matter to be transitioned. However, the proposed Regulation does not include other matters that have received Council approval, but are still in process, and in a number of instances Proposed Bill 108 - Preliminary City Comments Page 33 of 35 - 207 - have been appealed by one or more parties to the Local Planning Appeal Tribunal (LPAT). This includes a number of local area studies that were undertaken and approved by Council under the previous Growth Plan, 2017. These studies are recommended to be considered as matters in process that should be transitioned. One example is OPA 393, the Consumers Next Secondary Plan which was adopted by Council earlier in 2019 and was conducted under the Growth Plan, 2017. Other similar examples exist. Recommendations Regarding Amendment 1 to the Growth Plan It is recommended that Council support the inclusion of OPA 231 as a matter in process that should be transitioned and therefore not subject to "A Place to Grow". Staff also recommend that the Province modify O. Reg. 311/06 to add any decision made by Toronto City Council on the day before the enactment of the proposed Growth Plan Amendment, or currently under appeal at the LPAT, as matters in process that are subject to the Growth Plan, 2017. By providing for a proper transition regulation incorporating these matters, the delivery of municipally approved housing projects will not be jeopardized. CONCLUSION Bill 108, the More Homes, More Choice Act, passed First Reading on May 2, 2019. This omnibus Bill seeks to amend 13 different statutes. The proposed legislative changes repeal many of the amendments introduced through Bill 139, the Building Better Communities and Conserving Watersheds Act, 2017. Proposed Bill 108 will impact municipalities in many ways and fundamentally affect the City's ability to plan for liveable communities. The report highlights proposed changes to those statutes that impact municipal land use planning, the development approval and appeal process, and heritage conversation and funding for community services, and provides an initial assessment of the proposed changes and their financial impacts. The full impact of many of the proposed amendments will only be assessed when implementation details related to these proposed amendments become available through the release of the provincial regulations accompanying the proposed legislation. In this regard, the Province has not issued any information as to the timing of the release nor the content of these regulations. As implementation information becomes available, staff will report to Council further on associated financial, process and staffing implications for the City. Proposed Bill 108 - Preliminary City Comments Page 34 of 35 -208- According to provincial government publications, changes proposed by Bill 108 are intended to simplify and streamline the development approval and adjudication process to help bring new housing online faster, reduce development costs and provide more housing options for Ontarians. However, the proposed changes may also result in an increased number of development application appeals, adding to delays in delivering housing supply as a result of proposed shortened application processing timelines and changes to the LPAT adjudicative process. In addition, Bill 108 does not provide any mechanisms to ensure that any savings from reduced development charges and Section 37 and 42 Planning Act contributions are passed through to future home buyers and renters. CONTACT Kerri A. Voumvakis, Director, Strategic Initiatives, Policy & Analysis, City Planning Division, Tel: 416-392-8148, Fax: 416-392-3821, Email: Kerri.Voumvakis@toronto.ca Rob Hatton, Director, Strategic & Intergovernmental Initiatives, Corporate Finance Division, Tel: 416-392-9149, Fax: 416-397-4555, E-mail: Robert.Hatton@toronto.ca Ann -Marie Nasr, Director, Parks Development & Capital Projects, Parks, Forestry & Recreation Division, Tel: 416-395-7899, Fax: 416-392-3355, E-mail: Ann - Marie. Nasr@toronto.ca Kelly Matsumoto, Practice Lead, Planning & Administrative Tribunal Law, Legal Services Division, Tel: 416-392-8042, Fax: 416-397-5624, E-mail: Kelly.Matsumoto@toronto.ca SIGNATURE Chris Murray, MCIP, RPP City Manager City of Toronto Gregg Lintern, MCIP, RPP Chief Planner and Executive Director City Planning Division Proposed Bill 108 - Preliminary City Comments Page 35 of 35 -209- PICKERING Memo To: Susan Cassel April 23, 2019 City Clerk From: Paul Bigioni Director, Corporate Services & City Solicitor Copy: Director, City Development & CBO Manager, Development Services Chief Planner Subject: Stop -up and Close Portions of Wingarden Crescent and Shade Master Drive for Conveyance to Abutting Owners, Subject to Easements - Blocks 13 to 18, 40M-2402 Abandonment of Easements - Part Lots 5, 6, 11 and 12, Plan 40M-2402 (Parts 4, 5, 7, 8, 11, 12 and 13, Plan 40R-26018) File: 40M-2402 The Subdivision Agreement relating to Pian 40M-2402 provided for the: (a) development of 12 residential lots, one future development block and the construction of Wingarden Crescent and Shade Master Drive; (b) construction of turning circles at the southerly limits of Wingarden Crescent and Shade Master Drive on Blocks 13 to 18, Plan 40M-2402 as shown on the location map attached (the "turning circle blocks"), which turning circles were to be: i. removed and restored to a residential status once Wingarden Crescent and Shade Master Drive were extended southerly; and ii. conveyed to the abutting owners, subject to any required utility or storm drainage easements; and (c) conveyance of easements in favour of the City over portions of Lots 5, 6, 11 and 12, Plan 40M-2402, being Parts 4, 5, 7, 8, 11, 12 and 13, Plan 40R-26018 for access/maintenance purposes (the "access/maintenance easements"), which easements were to be abandoned upon the conveyance of the turning circle blocks to the abutting owners. On October 15, 2015, Louisville Homes Limited entered into a Subdivision Agreement with the City for the development of the lands south of Plan 40M-2402 (Plan 40M-2552), which development provided for the extension of Wingarden Crescent and Shade Master Drive and the removal of the turning circles within Plan 40M-2402. -210- In January, 2019, confirmation was received from Engineering Services that both turning circles had been removed and restored to a residential status. Accordingly, it is now appropriate to enact a by-law to stop -up and close the turning circle blocks as public highway, convey them to the abutting owners, subject to any required utility or storm drainage easements and, abandon the existing access/maintenance easements in favour of the City as they are no longer required. Notice respecting the closure of the turning circles on Wingarden Crescent and Shade Master Drive within Plan 40M-2402 has been published in the local newspaper and on the City's website for two (2) consecutive weeks. Attached is a draft by-law giving authority to formally stop—up and close the turning circle blocks as public highway and to abandon the access/maintenance easements in favour of the City, which lands and interests will be conveyed to the abutting owners for nominal consideration ($2.00). The attached draft by-law is for the consideration of City Council at its meeting scheduled for May 27, 2019. DB:ks Attachments Location Map Draft By-law April 23, 2019 Stop -up and Close Portions of Wingarden Crescent and Shade Master Drive Abandonment of Easements - 211 Page 2 of 2 The Corporation of the City of Pickering By-law No. /19 Being a by-law to stop -up and close certain portions of Wingarden Crescent and Shade Master Drive as public highways, release and abandon access/maintenance easements in favour of the City and convey certain lands and interests in land to the abutting owners, subject to required easements. Whereas Wingarden Crescent and Shade Master Drive are public highways under the jurisdiction of The Corporation of the City of Pickering; and Whereas pursuant to section 34 of the Municipal Act, Council may pass by-laws to stop - up and close a public highway or portions thereof; and Whereas in accordance with the City's Acquisition and Disposal of Land policy, Council has the authority to acquire or dispose of land or interests in land, or parts thereof. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. The following portions of public highways are hereby stopped -up and closed to both vehicular and pedestrian traffic: • Portions of Wingarden Crescent and Shade Master Drive being Blocks 13, 14, 15, 16, 17 and 18, Plan 40M-2402. 2. That those portions of Wingarden Crescent and Shade Master Drive described above are hereby deemed surplus to the needs of the City and shall be conveyed to the abutting owners, subject to any required easements, for nominal consideration ($2.00). 3. The following interests in the portions of lands referred to below are no longer required by the City for road access/maintenance purposes and the City's interest in them shall be abandoned and conveyed to the abutting owners for nominal consideration ($2.00): • Those parts of Lots 5, 6, 11 and 12, Plan 40M-2402, designated as Parts 4 5, 7, 8, 11, 12 and 13, Plan 40R-26018. -212- By-law No. Page 2 4. The Mayor, City Clerk and City Solicitor are authorized to obtain and execute all relevant documentation required to effect the above. By-law passed this 27th day of May, 2019. David Ryan, Mayor Susan Cassel, City Clerk -213- a) 0 2 L vJ Strouds Lane Subject Lands CD Wingarden Crescent 0 0 0 LL Goldenridge Rtoad 044 Location Map File: Road Close, Transfer, Release and Abandonment of Easement PICKERING Applicant: City of Pickering Property Description:Blocks 13 to 18, 40M-2402, Part Lots 5, 6, 11 and 12, Plan City Development Department 40M-2402 (Parts 4, 5, 7, 8, 11, 12, 13, Plan 40R-26018) Date: Jan. 30, 2019 '» Tho Cmpwatlonot Qh Ctyofpckedng Producedpn pafJ uncle, n�sato 0 tights t Ente ed ,® Har and I y the Dueen 9 Rlght r Careda, 1 d)Tennal EMe,pdces Inc. and ib suppliers alltighla reamed :• pal ep., Pnmar,omano 9,,9y orgawrarnesour<e.. I Re ounces. rp 9h9 n end Rs s; essn(♦tCorporatbn and ds suppfersaII rghis'seem d.; SCALE: 1:2,500' THIS IS ROTA PLAN OPSURVEY.