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December 2, 2002
Council Meeting Agenda Monday, December 2, 2002 7:30 P.M. ADOPTION OF MINUTES Regular Meeting of November 18, 2002 Special Meeting of November 18, 2002 (11) 1. DELEGATIONS The following persons will address Council with respect to the proposed by-law to regulate fill and topsoil removal: a) b) c) Laura Orlandi Margaret Williamson Kees Van der vecht 2. Harvey Kirsch, 1975 Memory Lane, will address Council regarding aboriginal burial sites in the City of Pickering (111) RESOLUTIONS PAGE 1. To adopt the Finance & Operations Committee Report dated 1-8 November 25, 2002. To consider Clerk's Report CL 41-02 concerning Nomination to 407 Community Advisory Committee. To consider a motion respecting aboriginal cultural heritage that was referred back to staff at the Council Meeting of November 18, 2002. 9-13 14-19 (IV) BY-LAWS By-law Number 6060/02 Being a by-law to prohibit or regulate the placing or dumping of fill, the removal of topsoil and the alteration of the grade of land. 20-32 PICKElt n Council Meeting Agenda Monday, December 2, 2002 7:30 P.M. By-law Number 6061/02 Being a by-law to amend By-law Number 2359/87 (Parking) to regulate parking, standing, and stopping on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering and on private and municipal property. By-law Number 6062/02 Being a By-law to amend By-law 2632/88. By-law Number 6063/02 Being a By-law to authorize the execution of a Licence Agreement with Guida Pirita and Ana-Paula Leandro for the operation of the pottery studio at the Pickering Recreation Complex. By-law Number 6064/02 Being a by-law to authorize the execution of a License Agreement between the Corporation of the City of Pickering and the Pickering Hockey Association Incorporated for the operation of a Snack Bar at the Don Beer Arena. By-law Number 6065/02 Being a by-law to authorize the execution of a License Agreement with Gingerbread Co-operative Nursery School (Pickering) Inc. for the operation of a Nursery School at the West Shore Community Centre. By-law Number 6066/02 Being a by-law to authorize the execution of a Lease Agreement between The Corporation of the City of Pickering and O.J. Muller Landscape Contractor Ltd. for the leasing of those lands consisting of a stone house and 6.074 acres located on Brock Road North, Pickering, and comprising those parts of Lot 19, Concession 3, Pickering, designated as Parts 2 and 3, Plan 40R-7012. 33 34 35 36.44 45-50 51-62 Council Meeting Agenda Monday, December 2, 2002 7:30 P.M. By-law Number 6067/02 Being a by-law of the Corporation of the City of Pickering to Establish a Property Tax Rebate Program for the Vacant Portions of Property in the Commercial Property Class or the Industrial Property Class. By-law Number 6068/02 Being a by-law to authorize the temporary borrowing of moneys to meet the current and capital expenditures of the City of Pickering for the year 2003. 63-67 68-69 (,V) NOTICE OF MOTION 1. Moved by Councillor Holland 70-71 Seconded by Councillor Brenner WHEREAS the deregulation of electrical energy in the Province of Ontario has led to massive increases in rates, customer confusion and general chaos in the generation and distribution of electricity; and WHEREAS electricity is a basic necessity and for all families is an inelastic expense; and WHEREAS the newly imposed cap of 4.3 cents per kilowatt hour is significantly higher than current rates and will represent dramatic increases in cost for electricity for Ontario households over what would have been paid in a regulated market; and WHEREAS by imposing a rate cap in a deregulated environment the private market will have a tremendous disincentive to invest in the generation of new sources of electricity; and WHEREAS the capped but deregulated market combined with shifting and uncertain Provincial energy policies will deter private investment in research and development into new forms of energy; and Council Meeting Agenda Monday, December 2, 2002 7:30 P.M. WHEREAS the State of California, after facing disastrous impacts from deregulating electricity, established a public authority responsible for generating new sources of energy to meet State demand; and WHEREAS Veridian Corporation and its joint venture enterprise, First Source Energy, have been seriously devalued and forced to take on new costs in the wake of the legislative changes introduced by the Providing of Ontario; and WHEREAS Veridian Corporation, the City of Pickering and the Towns of Ajax and Clarington made investment decisions based upon a legislative framework that was radically changed without warning and without consideration to the impact on local electric utility companies and municipalities; and WHEREAS the Provincial Government is applying patchwork solutions to an enormously complex problem it has created through the deregulation of electricity; and WHEREAS despite being desirable, moving immediately back to a regulated energy environment would be nearly impossible; NOW THEREFORE the Council of the Corporation of the City of Pickering urges the Government of Ontario to commit to continued public ownership of Ontario Power Generation and use that public corporation to build new sources of electricity sufficient to meet the demands of the Province; and THAT the Province of Ontario be further urged to commit significant research and development funding toward finding new means of generating clean and renewable electricity for the Province; and THAT the Province of Ontario refund to the taxpayers of Ontario the full difference in cost between a regulated and deregulated market; and THAT this resolution be circulated to Veridian Corporation to determine the financial ramifications of the announced legislative changes as they effect Veridian Corporation and First Source Energy and report back to their shareholders on the new costs and lost value resulting; and THAT Veridian Corporation be urged by the Corporation of the City of Pickering, as a major shareholder, to seeks costs recovering, from the Pprovince of Ontario, for lost value and costs associated with the legislative flipflop; and Council Meeting Agenda Monday, December 2, 2002 7:30 P.M. THAT this motion be further circulated to; All area Mayors, Chairs, MPs and MPPs Ernie Eves, Premier of the Province of Ontario John Baird, Minister of Energy Dalton McGuinty, Leader of the Official Opposition Howard Hampton, Leader of the NDP and NDP Energy Critic Michael Bryant, Liberal Critic for Energy Moved by Councillor Holland Seconded by Councillor Brenner 72-86 WHEREAS an invasive non-indigenous ("exotic") insect, known as the Emerald Ash Borer (EAB), has infested ash trees in Essex County, Ontario and southeast Michigan, resulting in a quarantine on Ash wood in five municipalities in Essex County and six counties in southeast Michigan; and WHEREAS if an effective quarantine is not established before spring, the EAB is likely to spread across the Province of Ontario putting all ash trees in the Province at high risk of destruction; and WHEREAS the ash tree is a very popular tree on public boulevards and every municipality in Ontario will be faced with exorbitant costs if forced to replace diseased trees; and WHEREAS the City of Pickering has more than 4,000 ash trees on public boulevards and the replacement cost of all those trees could well exceed one million dollars; and WHEREAS the Michigan Department of Natural Resources has just reported that Michigan's estimated 700 million ash trees, both native and planted, are at risk, and an up-dated state survey indicates that 49% of 11 million forest ashes and 650,000 landscape ash trees in the quarantined counties bear borer symptoms and are already dead or dying, all of which was reported in The Detroit News and Free Press on Saturday, November 16th, 2002, a copy of which article is attached. Also attached is a copy of a News Release issued by The Greening of Detroit society on November 15th announcing a Media Event in Detroit on Council Meeting Agenda Monday, December 2, 2002 7:30 P.M. November 18th where U~S. Senator Debbie Stabenow is scheduled to call for assistance "to contain the insect and reforest in its wake"; and WHEREAS ash is also an important hardwood species in woodlots and forests and parks throughout Ontario, in community parks and on private residential properties throughout the Province; and WHEREAS the economic costs of removing EAB-infested ash trees from municipal streets throughout the Province will far exceed the cost of ensuring that an effective buffer area or "firebreak" at the leading edge of the infestation is in place by April of 2003 to prevent the infestation from advancing further eastward into Ontario; and WHEREAS the citizens and taxpayers of the City of Pickering, the Greater Toronto Area and the Province of Ontario will suffer many other losses, both economic and environmental, if the E. AB infestation is not contained; and WHEREAS many scientists are now warning that the EAB infestation will outdo Dutch elm disease in its devastation in infected jurisdictions; NOW THEREFORE BE IT RESOLVED THAT: The Government of Canada and the Canadian Food Inspection Agency (CFIA) be urgently requested to take steps immediately to establish the outer limit of the EAB infestation in southwestern Ontario with as much precision as can be achieved utilizing whatever scientific means and inspection techniques as may be available for that purpose, bearing in mind that forest entomologists who have studied the FAB report that there may be little or no evidence of tree damage in the first year of infestation and, therefore, a safe margin of error should be provided for in establishing the outer limit of the FAB infestation. The CFIA should act without delay to extend the present quarantine on ash wood to the outer limit of the FAB infestation, as determined by the survey described above, in order to prevent the spread of FAB-infested ash wood to other areas of the Province and beyond, a process of widespread dispersal which may have already begun in areas adjacent to the boundaries of the present quarantine. Council Meeting Agenda Monday, December 2, 2002 7:30 P.M. Plans should be made immediately to create a buffer zone or "firebreak" of sufficient width along the entire outer limit of the infestation area to prevent the EAB insect from advancing beyond the buffer zone in the spring of 2003 when the adult insect emerges from the trunk of an infested tree to repeat the cycle of infestation again. The Federal Government should allocate sufficient manpower and funds to ensure that the buffer zone described above is created, monitored and enforced in time to prevent the further advance of the F_AB infestation in spring 2003; and FURTHER THAT the Federal Government be put on notice that if appropriate measures are not taken to effectively quarantine the EAB infestation that the Corporation of the City of Pickering reserves its right to sue for damages caused by inadequate containment; and FURTHER THAT the staff of the Corporation of the City of Pickering estimate the costs involved if all ash trees within the municipality were destroyed and report back on those costs to the earliest possible Finance and Administration Committee; and FURTHER THAT the Association of Municipalities of Ontario and the Federation of Canadian Municipalities but urged to adopt a similar position and advocate on behalf of municipalities potentially affected; and FURTHER THAT municipalities across Ontario be urged to pass similar resolutions to protect their interests in this matter; and FURTHER THAT the Government of the Province of Ontario provide assistance and support to the Federal Government and municipalities in bringing into effect the measures outlined in this resolution; and FURTHER THAT this motion be circulated to; Lyle Vanclief, Minister responsible for the Canadian Food Inspection Agency and the Minster of Agriculture and Agrifood Jean Chretien, Prime Minister of Canada Norm Sterling, Provincial Minister for the Environment Ernie Eves, Premier for the Province of Ontario Council Meeting Agenda Monday, December 2, 2002 7:30 P.M. (VI) Dan McTeague, M.P, Pickering-Ajax-Uxbridge Janet Ecker, M.P.P. Pickering-Ajax-Uxbridge All Mayors and Chairs in the Province of Ontario OTHER BUSINESS (VII) CONFIRMATION BY-LAW (VIII) ADJOURNMENT Cite 0 01 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Report of the Finance & Operations Committee dated November 25, 2002, be adopted. CARRIED: MAYOR PICKERING Appendix I Finance & Operations Committee FOC 2002-9 That the Finance & Operations Committee, having met on November 25, 2002, presents its ninth report to Council and recommends: OPERATIONS & EMERGENCY SERVICES REPORT OES 49-02 FIRE SERVICES PROTOCOL FOR HAZARDOUS MATERIAL AND BIO-HAZARD RESPONSE TEAM I ENVIRONMENTAL SERVICES That Council receive Report OES 49-02 to confirm its procedure for addressing Hazardous and Bio-Hazard responses; and That Council approve reimbursements to owners up to $1,000 per incident, submitted prior to December 31, 2003; and That staff prepare a protocol for advising owners of their responsibility for authorizing clean up and payment for responses to hazardous and bio-hazard incidents. 4. That appropriate officials be authorized to give effect thereto. .2. OPERATIONS & EMERGENCY SERVICES REPORT OES 53-02 ROAD WATCH PROGRAM -ADOPTION & FUNDING REQUIREMENTS 1. That Report OES 53-02 regarding the "Road Watch" program, be received; and 2. That Council adopt the Road Watch program that is being proposed by the Durham Regional Police Service; and 3. That funding be established in Account 2320-2409 to provide for the cost of the initial program launch and an annual cost for program maintenance; and That staff be directed to include the Road Watch program as a new tool in the Safer Streets Traffic Management Strategy, which is currently under development. -8- PICKERING Appendix I Finance & Operations Committee FOC 2002-9 OPERATIONS & EMERGENCY SERVICES REPORT OES 55-02 · MUNICIPAL STRUCTURES IMPROVEMENT PRIORITY PROGRAM That Report OES 55-02 regarding the City's bridges and culvert structures needs be received; and That staff continue to have the system of bridges and culvert structures' inspected and appraised regularly in accordance with the Ontario Structure Inspection Manual, and identify maintenance, repair and replacement needs through the annual Capital budget process. OPERATIONS & EMERGENCY SERVICES REPORT OES 50-02 TENDER FOR CLEANING SERVICES TENDER NO. T-14-2002 That Report OES 50-02 regarding the Tender for Cleaning Services, be received; and That the Tender No. T-14-2002 submitted by In-Pro Cleaning Systems Ltd. for cleaning services inclusive of a full time supervisor for a three year term in the amount of $460,767.00 plus GST, be approved for the following facilities: Pickerine Municipal Facilities Pickering Civic Complex Operations Centre East Shore Community Centre Petticoat Creek Community Centre Pickerin,q Public Libraries Main Branch Claremont Branch Greenwood Branch Petticoat Creek Branch Whitevale Branch That the appropriate officials of the City of Pickering be given authority to give effect thereto. -9- 0 0 4 Appendix I Finance & Operations Committee FOC 2002-9 OPERATIONS & EMERGENCY SERVICES REPORT OES 51-02 PICKERING RECREATION COMPLEX POTTERY STUDIO 1. That Report OES 51-02, concerning the Pickering Recreation Complex Pottery Studio, be received; and That staff be authorized to negotiate an arrangement with Guida Pirita and Ana-Paula Leandro to permit the continuation of the private operation of instructional pottery programs presently being provided to the public at the Pickering Recreation Complex; and That a by-law be enacted to authorize the execution of a License Agreement for a three year term between Guida Pirita and Ana-Paula Leandro to permit the continuation of the private operation of instructional pottery programs presently being provided to the public at the Pickering Recreation Complex. OPERATIONS & EMERGENCY SERVICES REPORT OES 54-02 STOP SIGN BY-LAW AMENDMENT -SHEPPARD AVENUE AT ROSEBANK ROAD (WEST INTERSECTION) 1. That Report OES 54-02 regarding a proposed amendment of the stop sign by-law #2632/88 be received; and That the attached draft by, law be enacted to amend Schedule 'A' to By-law #2632/88 authorizing the erection of stop signs at certain intersections within the City. 3. That staff be directed to pursue the full signalization of the intersection of Sheppard Avenue and Rosebank Road. OPERATIONS & EMERGENCY SERVICES REPORT OES 48-02 RAILWAY CROSSING GATE INSTALLATIONS CANADIAN PACIFIC BELLEVILLE SUBDIVISION LINE ROSEBANK ROAD & TORONTO/PICKERING TOWNLINE ROAD CROSSINGS 1. That Report OES 48-02 regarding the installation of automatic railway crossing gates, be received; and -10- Appendix I Finance & Operations Committee FOC 2002-9 That Council approve an expenditure of $33,000 from the $100,000 allocation for cost shared improvements within the 2002 Operations & Emergency Services Capital Budget to provide for the City's share of the total costs to install railway crossing gates at the Toronto/Pickering Townline Road and Rosebank Road level crossings of the Canadian Pacific Belleville Subdivision Railway Line; and That Council direct staff to investigate the future feasibility of prohibiting locomotive whistling at the Toronto/Pickering Townline Road and Rosebank Road level crossings and to report back on the matter. o COUNCILLOR BRENNER PRESENTS RECOMMENDATIONS FROM THE INTEGRATED WASTE COLLECTION FORUM HELD ON OCT.OBER 24, 2002 That the following documentation from the Integrated Waste Collection Forum held in the City of Pickering on October 24, 2002 be received: · Letter dated November 8, 2002 from Councillor Brenner following up with the participants in the Forum Draft resolution regarding Integrated Waste Collection · A summary of the Forum · Discussion Paper distributed at the Forum entitled "Meeting the Challenges of Municipal Coordination" OPERATIONS & EMERGENCY SERVICES REPORT OES 56-02 EXTENSION OF "ROLLING TO REDUCE" PROGRAM 1. That Report OES 56-02 regarding the City of Pickering's Rolling to Reduce Waste Collection Pilot Program be received; and 2. That City Council approve the extension of the cart based integrated waste collection system for 518 homes in the Amberlea neighbourhood beyond December 31, 2002 to March 31, 2003. -11 - Appendix I Finance & Operations Committee FOC 2002-9 10. CORPORATE SERVICES REPORT CS 32-02 SECTION 442~443 OF THE MUNICIPAL ACT ADJUSTMENT TO TAXES 1. That Report CS 32-02 of the Director, Corporate Services, regarding Section 442/443 of the Municipal Act - Adjustment to Taxes, be received; and 2. That the write-offs of taxes as provided under Section 442 and 443 of the Municipal Act, R.S.O. 1990, as amended, be approved; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. 11. CORPORATE SERVICES REPORT CS 27-02 ESTABLISH A RESERVE FOR CONTINUING STUDIES AND RESERVE That Report CS 2'4-02 of the Director, Corporate Services and Treasurer respecting the Industrial and Commercial Vacancy Program, be received; and That the attached by-law providing for the establishment of a property tax rebate program for the vacant portions of commercial and industrial property, be read three times and approved; and That the appropriate officials of the City of Pickering be given authority to give effect hereto. 12. CORPORATE SERVICES REPORT CS 30-02 2003 TEMPORARY BORROWING BY-LAW That Report CS 24-02 of the Director, Corporate Services and Treasurer respecting the Industrial and Commercial Vacancy Program, be receiVed; and That the attached by-law providing for the establishment of a property tax rebate program for the vacant portions of commercial and industrial property, be read three times and approved; and That the appropriate officials of the City of Pickering be given authority to give effect hereto. -12- Appendix I Finance & Operations Committee FOC 2002-~ 13. CORPORATE SERVICES REPORT CS 29-02 2003 INTERIM SPENDING AUTHORITY That Report CS 29-02 of the Director, Corporate Services & Treasurer, be received; and That the 2003 Interim Operating Expenditures be approved at 50% of the prior years' budget including exceptions as contained in Attachment 1, pending approval of the formal 2003 Current Budgets by Council; and That the Treasurer be authorized to transfer to the Ajax Pickering Transit Authority (APTA) a maximum of 50% of APTA (City of Pickering's share) prior years' budget, pending approval of the formal APTA 2003 Current Budgets by Council; and The appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. 14. CORPORATE SERVICES REPORT CS 28-02 CASH POSITION REPORT AS AT SEPTEMBER 30, 2002 That Report CS 28-02 of the Director, Corporate Services & Treasurer, concerning Cash Position Report as at September 30, 2002, be received for information. 15. CORPORATE SERVICES REPORT CS 31-02 TRIDEIJOPTIONS FOR HOMES DEVELOPMENT FINAL PHASE 1200 THE ESPLANADE NORTH (EAST OF MILl FNNIUM BUILDING) That Report CS 31-02 of the Director, Corporate Services & Treasurer, concerning Tridel/Options for Homes Development Final Phase, be received; and -13- PICKER1NG Appendix ! Finance & Operations Committee FOC 2002-9 That Council advise staff if it wishes to provide relief from the provisions of the 1987 Development Agreement respecting cash-in-lieu of parkland payment for the last phase of the development, being 1200 The Esplanade North, based on the same formula as was applied to the Millennium Apartment at 1000 The Esplanade North at an estimated cost of approximately $132,000; and That Council advise staff that it wishes to explore possible options for permitting, in addition to the relief from Development Charges in the estimated amount of approximately $112,000 as provided by the 1987 Agreement, any further relief in the form of deferral of all parkland payments, fees, charges and development charges: a) totalling $700,000 or less at an estimated cost of approximately $178,000 until the units are resold or a maximum of 15 years after any agreements are executed; and b) totalling more than $700,000 at an estimated cost of approximately $31,000 until one year following project negotiation; and That should Council determine that it wishes to explore possible options for relief outlined in Recommendations 2 and/or 3 above, that the Chief Administrative Officer, the Director, Corporate Services & Treasurer and the Director, Planning & Development be authorized and directed to enter into discussions with the appropriate representatives of Deltera inc. and Options for Homes in order to determine and explore all options, the potential costs to the City and to present the results of these discussions at the earliest possible opportunity for the consideration of the Committee and Council; and That appropriate officials of the City of Pickering be given authority to give effect thereto. -14- RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Clerk's Report CL 41-02 regarding an appointment to the 407 Community Advisory Committee be received; and That be nominated to represent the City of Pickering on the 407 Community Advisory Committee. CARRIED: MAYOR REPORT TO COUNCIL Report Number: CL 41-02 Date: November 25, 2002 From: Bruce Taylor, AMCT, CMM City Clerk Subject: Nomination to 407 Community Advisory Committee Recommendation: That Clerk's Report CL 41-02 regarding an appointment to the 407 Community Advisory Committee be received. That be nominated to represent the City of Pickering on the 407 Community Advisory Committee. Executive Summary: To nominate a resident of the City of Pickering to sit on the 407 Community Advisory Committee which will assist the Project Team in the preparation of an Environmental Assessment Terms of Reference and a Route Location/Concept Design Individual EA for the extension of Highway 407 from Brock Road to Highway 35/115. Financial Implications: Not applicable Background: Please find attached to this Report a letter from Totten, Sims, Hubicki who is assisting the Ministry of Transportation and the Ontario SuperBuild Corporation in the preparation of an Environmental Assessment Terms of Reference and a Route Location/Concept Design Individual EA for the extension of Highway 407 from Brock Road to Highway 35/115. Report CL 41-02 Date: November 25, 2002 Subject: 407 Community Advisory Committee Page 2 The Ministry of Transportation wishes to form a Community Advisory Committee to meet regularly throughout the EA process to provide input to the Project Team. The Project Team will make appointments to the Community Advisory Committee; however, the municipalities are being requested to nominate one member of the public to serve on this Committee. As noted in the letter from Totten, Sims, Hubicki, Paul Kelland was nominated by Council and subsequently appointed in 2000 to the Community Advisory Committee for the Region of Durham Transportation Master Plan. The experience he gained on this Committee would make him a valuable appointee to represent the City of Pickering on the 407 Community Advisory Committee. Paul Kelland has indicated that he is willing to be nominated for appointment to the 407 Community Advisory Committee. Attachments: 1. Letter dated November 8, 2002 from Totten, Sims, Hubicki Prepare: City Clerk Attachment Recommended for the consideration of Pickering City Cou~ ~ omas J. O~'~nl Chief Administrative Officer ~0V-25-2002 HON 02:21PH TSH F~X NO, 9058880221 P, 02 ii TTkeHMENT I POP, T # - o engineers architects planners 40 Years Tot3en Sims Hubicki Associates 300 Water -qtreet Whltb¥, Ontario, Canada LIN 9J2 (905) §68-9363 Fax: ~905) 688-0221 E-maih [ah@[eh.ca www,tsh,ca November 8, 2002 Mr, Bruco Taylor Clerk City of Picketing ,I The Esplande Picketing, ON LIV 6K7 Dear Mr. Taylor: RE; Highway 407 East Completion - Brock Road to Highway 35111.:, Environmental Assessment (EA) Terms of Reference and Individual EA for Route Location/Concept Design TSH Project No, 42.80227 As stated in previous correspondence from the Minist~ of Transportation in June of 2(~()2 regarding the formation of the Municipal Technical Advisory Group, Totten Sims Hubicki (TSH) is assisting the Ministry of Transportation and the Ontario SuperBuild Coq~oration in preparation of an EA Terms of Reference and a Route Location/Concept Design Individual EA for the extension of Highway 407 from its existing terminus at Brock Road in Picketing to Highway 35/115, including twa freeway links connecting to Highway 401 in Whitby and Clarington. As part of the consultation plan, the Ministry of Transportation wishes to form a Community Advisory Committee (CAC) to meet regularly throughout the process to provide input to the Project Team. The CAC will be composed of approximately i5 individuals with a balanced membership represeming municipal, business, mobility, and environmental interests and will meet approximately l0 times 'throughout the study over a two year period. Through the study, the CAC will bo inforn~d of the various transportation and environmental issues sunounding the Highway 407 Study, and provide input to the Study team as the study progresses. The composition of the CAC ia intended to b~ sufficiently diverse to represent the range of different geographic and issue-based p~rspectlves within the Region of Durham. We are looking for a member of the public to serve on this committee. As you are aware, staff of your municipality are already participating on the Municipal Technical Advisory Group (MTAG~. We are requesting that each municipality provide a representative on the CAC, As you ma)' recall, your municipality previously identified Paul Kelland to serve on thc CAC for the Region of Durham Transportation Master Plan. We are hoping that the CAC for the Durham work will form the basis for the 407 CAC, NOV-25-2002 ~ON 02:21 PM TSH FfiX NO, 9056680221 #J-/.-TO i~POET# c..~!_~ q/- o ~-- ATTACHMENT P, 03 In considering your nomination, please bear in mind the following requirements: Express an inter~st and commim~nt to the project; Interest or eXl~fience in transportation planning or the environment: and Willing to strand 8-10 meetings over the next two years, The first meeting of the Community Advisory Committee has been scheduled as follows: Date: Time: Location: Tuesday, November 26, 2002 7:00 p.m. to 9:9 p.m. TSH (300 Water Strut, Whitby) Please respond by November l 8, 2002 with confirmation of the appointed member of the CAC to: Ms. Colleen O'Toole Environmental and Transportation Planner Totten Sims Hubicki Associates 300 Water Street Whitby, ON LIN 9J2 Tel; (905) 668-9363 x242 Fax: (905) 665-0221. Email: cotoole@tsh.ca If' you have any questions regarding this project you ma>, contact either: Mr, John Slohodzian MTO Project Co-ordinator Provincial and Environmental Planning Office Ontario Ministry of Transportation 301 St. Paul Street St, Cathafines, ON L2R 7R4 Phone: 905-704-220~ Fax: 905-704,2007 E-mail: lohn. Slobedzian @rote.gev,on,ca Mr. Doug Allingham. P,Eng. Consultant Project Manager TSH engineers architects planners 300 Water Street Whitby, ON LiN 9J2 Phone; 905-665-3474 or 1.866-840-5529 toll-free Fax: 905-668-0221 E-mail: dallingham@tsh.ea We look forward to working with you as we complete the environmental assessment process for this important transportation initiative. ,c: L Y ours truly, /' .. :LT_~ "- l Do~g Allin~ham. P.Eng. Cons,lt~nt Proj~¢~ M~na~er cc, John Slobodzian, Projec~ Co-ordinator. MTO 014 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Council of the Corporation City of Pickering adopt the following practices in assessing all matters of development and or redevelopment within the City of Pickering: 1. All significant aboriginal cultural heritage and archaeological sites shall be preserved. 2. An Archaeological Master Plan shall be developed to incorporate any and all available information on such sites and that Plan be subject to approvals from the appropriate First Nation. 3. A minimum 120- metre archaeological heritage zone shall be created around all watercourses. Approval of any development within this area will be contingent upon recommendation of an independent archaeological assessment completed to the satisfaction of planning staff and the most directly affected First Nation. And that these practices be considered as a bench mark throughout the GTA and that this recommendation be forwarded to the Provincial Smart Growth Committee for its endorsement. 4. Exhumation and re-burial of human remains for the purpose of facilitating development shall be prohibited. And that staff of the Department, Planning and Development take the necessary steps to incorporate these practices in all policies and procedures that govern development within the City of Pickering; and That this resolution along with a copy of Report to Council MBCO 2-02 be forwarded to all Durham Regional Municipalities for endorsement and to all Municipal Councils within the Province of Ontario; and That this resolution be forwarded to the Honourable Robert Daniel Nault, Minister of Indian Affairs & Northern Development Canada with the request that all significant aboriginal cultural heritage and archaeological sites be designated as sites of national importance. CARRIED: MAYOR PLANNING & DEVELOPMENT DEPARTMENT LEGAL SERVICES DIVISION. MEMORANDUM November 27, 2002 To: From: Subject: Thomas J. Quinn Chief Administrative Officer Neil Carroll Director, Planning & Development John Reble Solicitor for the City Referral of Resolution #135/02 to Staff for Comment Aboriginal Heritage Resources in the City of Pickering On November 18, 2002, Council considered Report Number MBCO 2-02 respecting Aboriginal Heritage Resources in the City of Pickering. The resolution (#135/02 - copy attached) was referred to staff for a report to Council on the implications of the resolution. This memorandum has been prepared at your request in response to the resolution and outlines general legal and planning comments respecting the resolution. Report MBCO 2-02 recommends the adoption of four "practices" in assessing all matters of development and or redevelopment within the City of Pickering. These practices relate to the preservation of significant aboriginal cultural heritage and archaeological sites, the development of an archaeological master plan, the establishment of an archaeological heritage zone around watercourses, and the prohibition of exhumation, and re-burial of human remains for the purpose of facilitating development. We have reviewed these proposed practices and find that they are generally aligned with policies contained in the Cultural Heritage Chapter of the Pickering Official Plan. If Council passes this resolution, staff will conduct a detailed review of each element to determine appropriate implementing policy and operating procedures. This matter would be added to the Planning & Development Department Work Program for 2003 and a report would be brought back to Council outlining a recommended implementation plan, including any necessary amendments to the Pickering Official Plan. Thomas J. Quinn Referral of Resolution #135/02 to Staff for Comment Aboriginal Heritage Resources in the City of Pickering November 27, 2002 Page 2 01:7 It is through this detailed review that elements of each of the four practices will be refined and formal policy and procedures developed for Council's consideration. This work would include a review of related enabling legislation and current practices, and would involve consultation with First Nation representatives. If Council passes resolution #135/02 the four 'practices' set out in the resolution would form 'interim' practices to be followed during the period of staff's more extensive review. The solicitor can see no impediment to the passage of the resolution nor to the further review by staff with a view to the implementation of the appropriate policies. John NC:kb J:\MGMT~ncarroll\Q UlNN\aboriginaL DOC Attachments 018 RESOLUTION #135/02 REFERRED TO STAFF AT THE COUNCIL MEETING OF NOVEMBER 18~ 2002 Moved by Councillor Brenner Seconded by Councillor Holland That the Council of the Corporation City of Pickering adopt the following practices in assessing all matters of development and or redevelopment within the City of Pickering: 1. All significant aboriginal cultural heritage and archaeological sites shall be preserved. 2. An Archaeological Master Plan shall be developed to incorporate any and all available information on such sites and that Plan be subject to approvals from the appropriate Eirst Nation. 3. A minimum 120- metre archaeological heritage zone shall be created around all watercourses. Approval of any development within this area will be contingent upon recommendation of an independent archaeological assessment completed to the satisfaction of planning staff and the most directly affected First Nation. And that these practices be considered as a bench mark throughout the GTA and that this recommendation be forwarded to the Provincial Smart Growth Committee for its endorsement. 4. Exhumation and re-burial of human remains for the purpose of facilitating development shah be prohibited. And that staff of the Department, Planning and Development take the necessary steps to incorPorate these practices in all policies and procedures that govern development within the City of Pickering; and That this resolution along with a copy of Report to Council MBCO 2-02 be forwarded to all Durham Regional Municipalities for endorsement and to all Municipal Councils within the Province of Ontario; and That this resolution be forwarded'to the Honourable Robert Daniel Nault, Minister of Indian Affairs & Northern Development Canada with the request that all significant aboriginal cultural heritage and archaeological sites be designated as sites of national importance. REFERRED TO STAFF RESOLUTION #135/02(a) 019 Moved by Councillor Pickles Seconded by Councillor McLean That the above resolution be referred to staff for a report to Council on the implications of the resolution. CARRIED 020 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6060/02 Being a by-law to prohibit or regulate the placing or dumping of fill, the removal of topsoil and the alteration of the grade of land. WHEREAS pursuant to Section 142(2) of the Municipal Act, 2001, the Council of a local municipality may, a) prohibit or regulate the placing or dumping of fill; b) prohibit or regulate the removal of topsoil; c) prohibit or regulate the alteration of the grade of the land; d) require that a permit be obtained for the placing or dumping of fill, the removal of topsoil or the alteration of the grade of the land; e) impose conditions to a permit, including requiring the preparation of plans acceptable to the municipality relating to grading, filling or dumping, the removal of topsoil and the rehabilitation of the site; f) require that fill dumped or placed contrary to a by-law passed or a permit issued under Section 142 of the Act be removed by the person who dumped or placed it or who caused or permitted it to be dumped or placed; g) require the rehabilitation of land from which topsoil has been removed contrary to a by-law passed or a permit issued under Section 142 of the Act; h) require that the grade of the land altered contrary to a by-law passed or a permit issued under Section 142 of the Act be restored to its original condition by the person who altered it or who caused or permitted it to be altered; CORPORATION OF THE CITY OF NOW THEREFORE THE COUNCIL OF THE PICKERING HEREBY ENACTS AS FOLLOWS: DEFINITIONS For the purpose of this by-law, a) "agricultural" means lands that are cultivated and/or used for raising of livestock; b) "applicant" means an owner, or an owner's agent who is authorized by the owner to act on behalf of the owner; c) "body of water" includes any brook, creek, stream, dver, lake, pond, waterway, watercourse, canal, or other flowing or standing water; d) "City" means the Corporation of the City of Pickering; e) "contaminated fill" means soil, fill or other matedal containing any solid, liquid, gas, odour, waste product, radioactivity or any combination thereof which is present in a concentration greater than which naturally occurs and which has the potential to have an adverse effect on human activity; f) g) h) J) k) I) m) n) o) p) q) s) t) u) v) "development" means the construction of buildings and above or underground services such as roads, parking lots, paved storage areas, watermains, storm and sanitary sewers, general grading works and similar facilities; "Director" means the Director, Planning & Development for the the City of Pickering, or designate; "dumping" means the depositing of fill in a location other than where the fill was obtained and includes the movement and depositing of fill from one location on a property to another location on the same property; "dust" includes loose or blowing earth, sand or soil that may be transported from the site; "erosion" means the detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity; "fill" means any type of material deposited or placed on lands and includes soil, stone, concrete, asphalt, sod or turf either singly or in combination; "grade" is defined as: "existing grade" means the elevation of the existing ground surface of the lands upon which dumping and/or placing of fill is proposed or as it existed prior to the placing or dumping of fill; ii) "finished grade" means the elevation of ground surface of lands upon which fill is proposed to be placed or has been placed in accordance with this by-law; "land disturbance" means any man-made change of the land surface including removing vegetative cover, removing topsoil, excavating, filling and grading; "litter and debris" includes building materials, garbage, waste, vegetation or any other loose material that may be transported from the site by wind, persons, vehicles or other means; "lot" means a legally described parcel of land; "mud tracking" means the obstruction, encumbering, injuring, or fouling of roads, boulevards and bridges via the throwing, placing or depositing of dirt, refuse or any other debris; "officer" means persons assigned by the Director to enforce the provisions of this by-law; "owner" means the registered owner of the land on which is located or will be located the topsoil removal, fill placement and erosion and sediment control; "permit" means a topsoil removal, fill placement and erosion and sediment control permit; "permit holder" means the owner; "site" means the lands from which it is proposed that topsoil be moved or removed, or subjected to land disturbance and/or land development; "topsoil" means those horizons in a soil profile, commonly known as the "0' and the "A' horizons, containing organic material and includes deposits of partially decomposed organic matter such as peat. 021 EXEMPTIONS This by-law does not apply to: a) Activities or matters undertaken by the City, any local board of the City or the Regional Municipality of Durham. b) The placing or dumping of fill, removal of topsoil or alteration of the grade of land which is carried out to implement a site plan agreement, subdivision agreement or development agreement previously entered into with the City, pursuant to the provisions of the Planning Act. c) The placing or dumping of fill, removal of topsoil or alteration of the grade of land imposed as a condition to a development permit authorized by regulation made under Section 70.2 of the Plannin,q Act or as a requirement of an agreement entered into under that regulation. d) The placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken by a transmitter or distributor, as those terms are defined in Section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that Section. e) The placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the A(~are(~ate Resources ACt. The placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, that has not been designated under the A.q.qregate Resources Act or a predecessor of that Act, and ii) on which a pit or quarry is a permitted land use under a by-law passed under Section 34 of the Planning Act. g) The placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken as an incidental part of drain construction under the Draina.qe Act or the Tile Drainaqe Act. h) The removal of topsoil as an incidental part of a normal agricultural practice including sod-farming, greenhouse operations and nurseries for horticultural products, provided the topsoil itself is not for sale, exchange or other disposition. i) Lands within a fill regulated area as defined by regulations made under the Conservation Authorities ACt. Land disturbance associated with minor gardening, landscaping or the installation of swimming pools incidental to a residential use. k) The removal of topsoil as an incidental part of the construction of underground services or utilities, where the topsoil is removed and held for subsequent replacement. The removal of topsoil or placing of fill where the aggregate quantity of such removal or placement on any one lot does not exceed twenty cubic metres in any three month consecutive period. PROHIBITION No person or corporation shall remove or cause the removal of any topsoil, place or dump fill, or grade or perform any other land disturbance or land filling activity from any lot in the City unless a permit has been issued as set out in this by-law. Notwithstanding the exemptions described in section 2 of this by-law, no person or corporation shall remove or permit the removal of topsoil from any land or place or permit the placement of fill on any land adjacent to or within 30 metres of any body of water without a permit having been issued by the Director. Notwithstanding the exemptions described in section 2 of this by-law, no person or corporation shall: a) place or allow to be placed, or remove or allow to be removed any fill on any wetlands identified as provincially significant by the Ministry of Natural Resources, or b) place or allow to be placed, or remove or allow to be removed any contaminated fill on any land within the City unless the placing or removal of such fill is authorized by a certificate issued by the Ministry of Environment and Energy. PERMIT APPLICATIONS To obtain a permit, the owner of the land or his authorized agent shall file an application with the Director. All applications for permits shall be accompanied by: a) b) A completed application on the form as established by the Director; A site map identifying the location, boundaries and number of hectares in the site, the nearest major intersection and a north arrow; c) Erosion and Sediment Control Plans and Design Report in accordance with Section 8 herein; d) e) f) The fee prescribed in Schedule A to this by-law; A letter of credit as prescribed in Schedule A to this by-law; A written authorization, signed by the owner, stating that officers of the City and/or any person in the company of the officers will be allowed to enter the site for the purpose of inspecting for compliance with the control plan or for performing any work necessary to bring the site into compliance with the control plan; g) Work schedule; h) A written confirmation from a qualified person that the material being placed or removed is not contaminated fill, except where the Director waives the requirement to do so; and i) All other information as may be required by the Director. Erosion and Sediment Control Plans shall be certified by a professional engineer licensed to practice in Ontario, or any other qualified person approved by the Director, and shall include: a) Drawings at a scale of 1:500 or 1:1000 which describe compliance with the site design requirements in Schedule B to this by-law, and which include: adjacent land uses and the location and use of any buildings and other structures adjacent to the site; ii) the location, dimensions and use of the buildings and other structures existing or proposed to be erected on the site; iii) the location and dimensions ofdrivewaysand dgh~-of-way across eachlot; iv) the location of lakes, streams, wetlands, channels, ditches, other water courses and other bodies of water on and within 30 metres beyond the site boundary; v) the Regional Storm Flood Line and Conservation Authority Fill Regulation lines; vi) vii) viii) ix) the location and boundaries of predominant soil types; the location and type of existing vegetative cover, including the species and size in caliper of all trees and the location of all shrubs; the location and dimensions of any existing and proposed storm water drainage systems and natural drainage patterns on and within 30 metres beyond the site boundary; the location and dimensions of utilities, structures, wells, sewage systems, roads, highways and paving within 30 metres beyond the site boundary; the existing site topography at a contour interval not to exceed one- half of one metre and to extend a minimum of 30 metres beyond the lot/site boundary; xi) the proposed final elevations of the site; xii) the location and dimensions of all proposed land disturbance activities; xiii) xiv) the location and dimensions of all temporary soil stockpiles; the location of designated haul routes and construction access points to the site including the location of mud mats or other measures to remove earth and mud from the tires of vehicles leaving the site; xv) the location, dimensions and details all construction site control measures necessary to meet the requirements of this by-law; and xvi) an indication of the direction of overland flow routes, b) An Erosion and Sediment Control Design Report containing: i) ii) iii) a description of the features in the Erosion and Sediment Control Plan; iv) a description of the measures proposed to prevent erosion and to retain sediment on the site, including, but not limited to, the designs and specifications for swales, dikes, drains, sediment control ponds, mud mats, silt fences, check dams, catch basin protection and slope stabilization measures and a schedule for their maintenance and upkeep; v) a description of the mud tracking control and road maintenance program a description of the measures proposed to control the offsite movement of dust, litter and debris and related offsite maintenance; the name and 24 hour contact telephone number of the person responsible for the maintenance programs described in iii) and iv) above; vi) a description of the vegetative measures to be used, including, but not limited to mulches, types of seeds and fertilizers and their application rates, the type, location and extent of pre-existing and undisturbed vegetation types and a schedule for maintenance and upkeep; vii) a schedule of the starting and completion dates of each land disturbing or related activity, including the installation of construction site control measures needed to meet the requirement of this by-law. COMPLIANCE WITH OTHER REGULATIONS AND STATUTES The provisions of this by-law and the issuance of a permit by the Director shall not affect the obligations of an owner to comply with all other restrictions governing the work imposed under law by any authority having jurisdiction. 10. The Director shall not issue a permit unless; 11. 12. a) Where applicable, all requirements contained in the Oak Ridges Conservation Plan, O.Reg 140/02, and any other regulations made under the Oak Rid,qes Moraine Conservation Act 2001 are complied with in the proposed work, and b) In the opinion of the Director, the land use to which the proposed work pertains is permitted by the applicable by-laws passed under the Plannin,q Act. PERMIT ISSUANCE The Director shall issue a permit where ali the application requirements set out herein are completed, and the proposed land disturbance, Erosion and Sediment Control Plans and Design Report comply with the requirements of this by-law. Where the Director refuses.to issue a permit, the applicant shall be informed in writing of the reasons for refusal. 13. Permits shall be subject to the conditions described in Schedule C to this By-law. 025 14. 15. 16. 17. 18. 19. 20. 21. Permits shall be valid for a pedod of one year, and may be extended one or more times for an additional one year, subject to any additional control measures and inspection fees as determined by the Director and as set out in this by-law. IMPLEMENTATION AND INSPECTIONS All erosion and sediment control measures necessary to meet the requirements of this by-law shall be in place prior to any land disturbance of the site. These measures shall be maintained by the owner during the pedod of land disturbance in a manner satisfactory to the Director to ensure adequate compliance with the requirements of this by-law and to prevent damage occurring as a result of erosion, sedimentation or flooding. If the property for which the permit has been issued is transferred while the permit remains in effect, the new owner shall either: a) Provide the City with a written undertaking agreeing to comply with all the conditions under which the existing permit was issued; and b) Provide a Letter of Credit in accordance with the requirements of Schedule A to this by-law; or c) Apply for and obtain a new permit in accordance with the provisions of this by-law. REVOCATION OF PERMITS Where it is determined, in the opinion of the Director, that a permit has been issued on the basis of misleading or false information in an application, the permit may be revoked and the permit holder shall immediately cease all operations being conducted under the authority of the revoked permit. ENFORCEMENT If an officer is satisfied that a contravention of the byqaw has occurred, the officer may make an order requiring the owner of the land or the person who caused or permitted the placing or dumping of fill, removal of topsoil or alteration of the grade of land in contravention of the by-law to discontinue the activity and the order shall set out, a) the municipal address or the legal description of the land; and b) reasonable particulars of the contravention and the period within which there must be compliance. Every person who contravenes any section of this by-law is guilty of an offence and upon conviction is liable to a fine or penalty for each offence, exclusive of costs as prescribed by the Provincial Offences Act. All Schedules attached to this by-law shall form part of this by-law. In the event that a court of competent jurisdiction declares any provision or provisions of this by-law to be invalid for any reason, the remainder of the by-law shall remain in full force and effect. 22. This By-law shall take effect on January 1, 2003. BY-LAW read a flint, second and third time and finally passed this 2nd day of December, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk O27 028 SCHEDULE A PERMIT FEES The Fee for processing, administration and inspection for a one year permit is Five Hundred Dollars ($500.00) plus Twenty-Five Dollars ($25.00) per hectare or part thereof of site area. LETTER OF CREDIT (to guarantee site control measures) An irrevocable Letter of Credit or other security acceptable to the City to cover 100% of the estimated cost of site control measures including the cost of the Erosion and Sediment Control measures, mud tracking control measures, litter and debris control measures, and dust control measures is required. The security is to be in a form acceptable to the Director. (a) The secudty must remain in effect for the full duration of the permit with an automatic renewal clause in the document. Any Letter of Credit and its subsequent renewal forms shall contain a clause stating that thirty (30) days written notice must be given to the City pdor to its expiry or cancellation. All calculations to be supplied by the owner or their representative and verified by City staff. (b) In the event that the City receives notice that a Letter of Credit is expiring and will not be renewed, or, if further or additional securities are not provided within the said thirty (30) days, the City may draw on the current Letter of Credit at the discretion of the Director. The permit holder agrees that any interest accruing on the realized secudty shall belong to the City and not to the permit holder. (c) It is the responsibility of the permit holder: (i) to provide evidence satisfactory to the Director that the site has been adequately reinstated and stabilized in accordance with this By-law and the Erosion and Sediment Control Plan accompanying the permit; and (~i) to notify the City no later than five working days of the completion of works set out in the Permit and to request that the City carry out an inspection to confirm that all relevant terms of this By-law have been complied with. (d) (e) The security may be reduced from time to time at the discretion of the Director. When the provisions of subsections (i) and (ii) of section 2(c) have been fully complied with to the satisfaction of the Director, the Director shall release the Applicant's security. If a new owner satisfies all the conditions outlined in the By-law, all securities will be returned to the original owner unless the original owner authorizes, in writing, the return of the securities to another person. PERMIT EXTENSION FEES The fee for processing, administration and inspection for a one year permit extension is Three Hundred Dollars ($300.00). SCHEDULE B SITE DESIGN REQUIREMENTS The following requirements shall be met on all sites where a permit is required to remove topsoil: 1. Site Dewatednq: (a) If it is demonstrated that no particles are greater than or equal to 40 microns in size, then dewatering operations may be conducted provided that the water is not permitted to discharge directly into receiving bodies of water or streams. (b) Water pumped for dewatedng operations on the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, swirl concentrators or other appropriate controls. 2. Drain Inlet Protection: All rear lot storm drain inlets or any other inlets as the Director considers necessary, shall be protected with filter fabric, or equivalent barriers meeting accepted design criteria, standards and specifications accepted by the Director. 3. Site Erosion and Sediment Control: The Erosion and Sediment Control Plan should consider the following types of controls: a) Stabilization practices for soil erosion and sediment control. The common stabilization practices of two types: vegetative stabilization practices such as temporary seeding, sod stabilization, permanent seeding and plantation, maintenance of buffer zone, and preservation of natural vegetation and non-vegetative stabilization practices such as mulching, geotextiles, soil-retaining measures and stream bank stabilization. b) Runoff velocity dissipation measures, which slow down the runoff flowing across the site by using measures such as check dams and surface roughening, and gradient terraces. Storm water runoff control, which prevent runoff from flowing across disturbing areas by using measures such as earth dikes, drainage swales, and drains. d) Structural control measures to eliminate the offsite movement of soil such as mud mats and silt fences. e) Structural practices such as Sediment Control Ponds and ultimate SWM ponds, which hold storm water runoff in a controlled fashion and remove sediments in the storage device. In the event that a Sediment Control Pond cannot be constructed to service the entire site (i.e., capture all the runoff from the site), the reasons must be documented and alternative control works must be proposed. Other approved sediment control measures, which remove sediments from on-site runoff before it leaves the site must be constructed. 030 As required in this By-law for the lots/sites with more than five hectares disturbed at a time, or in staggered manner, all of which are served by a common discharge location, a Sediment Control Pond, or equivalent control measures (e.g., SWM facility, if applicable) must be provided. The Sediment Control Pond volume should consist of a permanent pool and active storage component. The permanent pool component should be sized for ultimate development conditions to provide a volume equivalent to a Level 1 water quality control as per the current Ministry of the Environment SWMP Manual, or 125 m3/ha, whichever is greater. The active storage volume component should be sized for a minimum of 125 m3/ha of runoff and released over a minimum 24-hour period. If the ultimate SWM facility cannot be used as the Sediment Control Pond for the entire site/lot during construction period, a temporary sedimentation pond shall be constructed with design criteria as follows: a) The Sediment Control Pond shall be constructed prior to topsoil stripping or fill placement; b) Where possible, the Sediment Control Pond and conveyance channels should be located in such a way that the runoff will be captured and conveyed from the entire disturbed area to the pond; The Sediment Control Pond volume must consist of a permanent pool and active storage component. The permanent pool component should be sized for ultimate development conditions to provide a volume equivalent to a Level 1 water quality control as per the current Ministry of the Environment (MOE) SWMP Manual, or 125 m3/ha, whichever is greater. The active storage volume component should be sized for a minimum of 125 m3/ha of runoff and released over a minimum 24-hour period; d) To maintain sufficient permanent pool volume during the land disturbance pedod, the ESC Plan should provide the maintenance schedule. The Sediment Control Pond should be cleaned once the removal efficiency of the pond has been reduced by 5% as per the MOE SWMP Manual and as outline in Schedule "E"; The following criteria apply to land disturbing activities that results in runoff leaving the site: a) All the activities on the lot/site shall be conducted in a phased manner, where appropriate, to minimize the area of bare soil exposed at any one time. b) Concentrated runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected by cut-off swales and/or silt fences being placed along channel edges to avoid sediment from disturbed areas reaching the channel. c) Any topsoil or dirt storage piles containing more than one hundred cubic meters (100 m3) of material shall be a minimum of 10 meters from or up the slope from a roadway or channel. If remaining for more than sixty (60) days, said soil or dirt storage piles shall be stabilized by mulching, vegetative cover, traps or other means. Erosion from topsoil or dirt storage piles which will be in existence for less than sixty (60) days should be controlled by sediment control fence (i.e., filter fence) barders around the pile. d) Runoff from the entire disturbed area on the site shall be controlled as follows: All disturbed ground left inactive shall be stabilized by seeking, sodding, mulching or covering, or other control measure. The period of time of inactivity shall be at the discretion of the Director but shall not exceed 60 days or such longer period as deemed advisable at the discretion of the Director. ii) Notwithstanding the above paragraph, a permit holder or applicant for a permit who has also applied for but not yet received a building permit or any other necessary permit may be granted an extension to the permitted period of inactivity, at the discretion of the Director, provided that said applicant or permit holder provides satisfactory proof that he has made his best efforts to have said building or other necessary permit issued. Fees for the extension will be deferred for the period of inactivity if the site is secured in a manner satisfactory to the City. iii) For lots/sites less than five (5) hectares disturbed at one time, sediment control fences and cut-off swales/channels or equivalent control measures shall be placed along all downslope boundaries of the site. iv) For lots/sites adjacent to existing residential areas, a fence and a cut-off swale/channel may be required around the entire perimeter of the site to prevent drainage onto private lands. A three (3) meter wide buffer strip and/or sediment control fence shall be provided along the perimeter of the downslope boundaries of the site. v) The sediment control guidelines prepared by the Toronto and Region Conservation Authority and Ministry of Natural Resources for the Province of Ontario, or municipal standards are to be followed. vi) For site with extensive fill requirement, the Director may waive the requirements for stabilization of disturbed land after thirty (30) days of inactivity provided that the sediment control measures have been implemented to the satisfaction of the Director. 032 SCHEDULE C PERMIT CONDITIONS All permit holders shall: (a) Notify the Director or his/her designate a minimum of two business days prior to the commencement or recommencement of any land disturbing activity; (b) (c) Obtain permission in writing from the Director or his/her designate prior to modifying any element of the Erosion and Sediment Control Plan; Install all control measures as identified in the approved Erosion and Sediment Control Plan; (d) Maintain all road drainage systems, stormwater drainage systems, control measures and other facilities identified in the Erosion and Sediment Control Plan; (e) Promptly repair any siltation or erosion damage to adjoining surfaces and drainage ways resulting from land developing or disturbing activities; Inspect the sedimentation control measures at least once per week and after each rainfall of at least one centimetre and make needed repairs; (g) Allow City officers or agents of the City to enter the site for the purpose of inspecting for compliance with the Erosion and Sediment Control Plan or for performing any work necessary to bdng the site into compliance with the Erosion and Sediment Control Plan; (h) Maintain a copy of the permit on the site; (i) Notify all sub contractors and suppliers of approved access routes to the site and ensure compliance with these instructions; 0) (k) Maintain all roads in same or better condition than existed prior to the commencement of the work and keep all roads free from any materials or equipment arising from the work set out in the permit; Ensure that no construction machinery is operated before 7:00 a.m. or after 7:00p.m. Monday to Saturday inclusive, or at any time on Sunday. The City: a) Upon the failure by the permit holder to complete all or part of the works in the time stipulated in the Erosion and Sediment Control Plan, the City may draw the appropriate amount from the securities posted and use the funds to arrange for the completion of the said works, or any part thereof. b) Upon failure by the permit holder to install, repair or maintain a specific part of the works as requested by the City, and in the time requested, the City may at any time authorize the use of all or part of the securities to pay the cost of any part of the works it may in its or their absolute discretion deem necessary. c) In the case of emergency repairs or clean-up, the City may undertake the necessary works at the expense of the permit holder and reimburse itself out of securities posted by the applicant. THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO.6o6~ ~ Being a by-law to amend By-Law Number 2359/87 (Parking) to regulate parking, standing, and stopping on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering and on pdvate and municipal property. WHEREAS the Council of the Corporation of the City of Pickering enacted By-Law Number 2359/87 on January 19, 1987 to regulate parking on private and public property in the City of Pickering; and WHEREAS By-Law 2359/87, as amended does not provide adequate provisions to allow for the streets to be cleared during snow and ice removal operations. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Section 3 of By-Law Number 2359/871 as amended, is hereby further amended by adding thereto the following paragraph: Section 3 (11 ) - No person shall on any highway park any vehicle between the hours of 3:00 a.m. to 6:00 a.m. from December 1st in any year to April 1 in the next following year. BY-LAW read a first, second and third time and finally passed this 2nd day of December 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk 033 034 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6062/0 2 Being a by-law to amend By-law 2632/88 WHEREAS pursuant to the Municipal Act, R.S.O. 1990, Chapter H.8, the Council of The Corporation of the City of Pickering may by By-law 2632/88 the council of a municipality may by by-law provide for the erection of stop signs at the intersections on highways under its jurisdiction. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Stop sign shall be erected at the intersection of highways set out in Column I of Schedule A attached hereto, facing the traffic bound in the directions set out in Column II of the Schedule. Schedule A to By-law 2632/88, as amended, is hereby amended by adding thereto the following items: Column I Column II Intersections Facinq Traffic Sheppa~Avenue and Rosebank Road Eastbound and Westbound on Sheppa~Avenue This by-law shall not come into rome unless it is approved by the Council of the Regional Municipality of Durham pursuant to the Regional Municipality of Durham Act, R.S.O. 1990, Chapter R.8, section 34. BY-LAW read a first, second and third time and finally passed this 2nd day of December, 2002. Wayne Arthurs, Mayor · Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 606.~/~ ~ Being a by-law, to authorize the execution of a Licence Agreement with Guida Pidta and Ana-Paula Leandro for the operation of the pottery studio at the Pickering Recreation Complex Arena. WHEREAS, pursuant to subsection 207(58) of the MunicipalAct, R.S.O. 1990, c. M.45, the Council of the Corporation of the City of Picketing may pass by-laws for the operation and management of places of recreation and similar buildings; AND WHEREAS, the Pickering Recreation Complex is a place of recreation containing a pottery studio therein; AND WHEREAS, Guida Pirita and Ana-Paula Leandro, wish to enter into the said Licence Agreement for a term of three years; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Licence Agreement, in a form acceptable to the City Solicitor between the Corporation of the City of Pickering and Guida Pidta and Ana-Paula Leandro for the operation of the pottery studio, for a three year term at the Picketing Recreation Complex. BY-LAW read a first, second and third time and finally passed this 2nd day of December, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk 035 03' THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6064/0 Being a by-law to authorize the execution of a License Agreement between the Corporation of the City of Pickering and the Pickering Hockey Association Incorporated for the operation of a Snack Bar at the Don Beer Arena. WHEREAS, the City is the owner of the Don Beer Arena which contains certain snack bar concession facilities; and WHEREAS, the Pickering Hockey Association has provided its services, on certain terms and conditions to the City to operate the snack bar concession facilities at Don Beer Arena and it is desirable to provide for the continued provision of such services; and WHEREAS, pursuant to the provisions of paragraph 207.58 and 191 of the Municipal Act, R.S.O. 1990, chapter M.45, as amended, the Council of the Corporation of the City of Picketing may pass by-laws for maintaining, operating and managing community recreation centers and arenas, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a License Agreement, in the form attached hereto as Schedule A between the Corporation of the City of Pickering and the Picketing Hockey Association Incorporated for the continued use of the Don Beer Arena. BY-LAW read a first, second and third time and finally passed this 2nd day of December, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk ATTACHHENT #,, SCHEDULE A THIS CONCESSION LICENCE AGREEMENT made December 2, 2002, pursuant to the provisions of section 207.57 of the Municipal Act, R.S.O, 1990, chapter M.45, BETWEEN. THE PICKERING HOCKEY ASSOCIATION INCORPORATED herein called the "PHA", 037 - and - OF THE FIRST PART, THE CORPORATION OF THE CITY OF PICKERING herein called the "City", OF THE SECOND PART. WHEREAS the City is the owner of the Don Beer Arena, which contains certain snack bar concession facilities; and WHEREAS, pursuant to the provisions of paragraph 207.57 of the Municipal Act, R.S.O. 1990, chapter M.45, the CITY may operate and manage places or recreation, arenas and similar buildings; and WHEREAS the City wishes to retain the PHA to operate on its behalf certain snack bar concession facilities within the Don Beer Arena. NOW THEREFORE THIS AGREEMENT WlTNESSETH that, in consideration of the mutual covenants and agreements contained herein, the Parties hereto agree as follows: DEFINITIONS 1. In this Agreement, the term, (a) Concessions means, the snack bar concession facilities located in the Don Beer Arena; (b) Department means the City's Operations and Emergency Services Department; and (c) Don Beer Arena means the Arena owned by the City and located at 940 Dillingham Road in the City of Pickering. TERM The City hereby grants to the PHA the right to operate an Arena Concession at the Don Beer Sports Arena in space allocated from time to time for that 'purpose by the Director during the months of September to April, both inclusive, for a period beginning January 1, 2003 and ending December 31, 2005, herein called the "term" of this Agreement. FEE 3. For the right granted to it herein, the PHA shall pay to the City the sum of $28,800, payable in equal monthly installments of $1,200 on, ~ the 1st of each of January, 2003 to April 2003, both inclusive, the 1st of each of September, 2003 to April, 2004, both inclusive, the 1st of each of September 2004 to April 2005, both inclusive, the 1 st of each of September 2005 to December 2005, both inclusive, or as otherwise may be satisfactory to the Director. OPERATION the PHA, its servants, agents and employees, shall, (a) comply strictly with all applicable by-laws, rules and regulations governing the conduct and operation of the business of the Company and of the City; (b) operate the Concessions during the times and on the days agreed to by the Department;. (c) keep accurate books and records of the operation of the Concessions and allow a representative to the City to inspect the books and records; (d) obtain all necessary permits, licenses and approvals; (e) keep the Concessions in good repair and maintain the Concessions and equipment therein and related thereto at a high level of cleanliness; (f) leave the Concessions in a neat and tidy condition at the end of the Term and repair or replace any damages to the Concessions except reasonable wear and tear; (g) obtain the approval of the Department before altering, adding to or varying in any way all or any part of the Concessions, make any 2 (h) (i) ¸.ti) approved alteration, addition or variation at the PHA's sole expense, and transfer ownership thereof to the City at the end of the Term; provide a good standard of service to the public patronizing the Concessions, including but not limited to providing uniformed employees to operate the Concessions; keep and offer for sale the types of refreshments and food ordinarily offered in community recreation centres and such other refreshments and food requested by the City to promote a healthy lifestyle, if such request is not unreasonable in the opinion of the PHA; and comply with and conform to certain provisions of the agreement dated June 21,1993 between the City and Coca-Cola Bottling Ltd., which provisions are set out in Schedule A hereto and form part of this Agreement. 039 INSURANCE 5. (1) Prior to occupying the Premises, the Tenant shall, at its own expense, shall provide: (a) comprehensive general public liability insurance, identifying The Corporation of the City of Pickering as an additional insured, including coverage for personal injury, contractual liability, tenant's legal liability, non-owned automobile liability, death and property damage, on an occurrence basis with respect to the business carried on at the Premises and the Tenant's use and occupancy of the Premises, with coverage for any one occurrence or claim of not less than $2,000,000, which insurance shall protect the Landlord in respect of claims by the Tenant as if the Landlord was separately insured; (b) insurance in respect of fire and other perils covering the leasehold improvements, trade fixtures, furniture and equipment in the Premises for not less .than the full replacement cost thereof; and (c) a certificate of insurance coverage in a form satisfactory to the Landlord, prior to the Tenant taking possession of the Premises, which insurance coverage shall be kept in full force and effect throughout the Term of the Lease and any renewal(s) thereof. (2) The Tenant covenants with the Landlord that the Tenant, in its use and occupation of the Premises, will not do or omit or permit to be done or omitted anything which shall cause any insurance premium of the Landlord to be increased, and if any insurance premium shall be so increased, the Tenant shall pay to the Landlord forthwith upon demand the amount of such increase. If notice of cancellation or lapse shall be given respecting any insurance policy of the Landlord or if any insurance policy shall be cancelled or refused to be renewed by an insurer by reason of the use 'or occupation of the Premises or any part thereof, the Tenant shall forthwith remedy or rectify such use or occupation upon being requested to do so i~ writing by the Landlord and if the Tenant shall fail to do so the Landlord may, at its option, terminate this Lease forthwith by notice in writing and the Tenant shall immediately surrender possession of the Premises to the Landlord and thereupon rent and all other amounts for which the Tenant is liable under this Lease shall be apportioned and paid in full to the date of surrender; provided that the Tenant shall have the right to replace such cancelled insurance at any time prior to the Landlord's notice of termination. LIABILITY OF THE CITY o The City shall not be liable to the PHA for any loss of or damage to the Concessions or any equipment or inventory therein or related thereto, whether caused by fire, theft, burglary or otherwise, unless such loss or damage was caused by the negligence of the City, its servants, agents or employees. EARLY TERMINATION 7. ,(1) Either the PHA or the City may terminate this Agreement prior to its expiry by giving 90 days written notice to the other. (2) If this Agreement is terminated by the City pursuant to subsection (1), all outstanding fees shall immediately become due as if the date of termination were the end of a calendar month. (3) If any outstanding fees are not paid in accordance herewith on eady termination or at any other time, the City shall 'be entitled to retain and dispose of any equipment installed in the Concessions in order to satisfy the outstanding fees and the costs of collecting same. ASSIGNMENT, BINDING NATURE AND BENEFIT HEREOF 8. (1) This Agreement is not assignable by the PHA without the consent of the City, which consent may be arbitrarily refused. (2) This Agreement shall ensure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. 4 IN WITNESS WHEREOF the parties herein have hereunto corporate seals attested to by the hands of its authorized officers. affixed their 041 respective SIGNED, SEALED AND DELIVERED THE PICKERING HOCKEY ASSOCIATION THE CORPORATION OF THE CITY OF PICKERING Wayne Arthum, Mayor Bruce Taylor, Clerk 042 SCHEDULEA Certain provisions of the Agreement dated referred to as the "City") and Coca-Cola "Company") June 21, 1993, between the City (herein Bottling Ltd., (therein referred to as the 1. For the purposes of this Agreement, (a) "Arenas" means the Arenas located at 940 Dillingham Road; (b) "Event" means any scheduled or rescheduled sporting event, competition or sporting contest conducted in either of the Arenas; (c) "Soft Drink Beverages" means, sporting (i) all carbonated and non-carbonated soft drink beverages; (ii) all syrups from which carbonated and non-carbonated soft drink beverages may be prepared for immediate consumption by the addition of carbonated or non-carbonated water; and all carbonated and non-carbonated fruit drinks, machine-vended fruit juices, potable waters and any other non-alcoholic beverages for immediate consumption, including all syrups and preparations from which the same may be prepared; · (d) "Soft Drink Beverages of the Company" means those Soft Drink Beverages which from time to time are manufactured, sold or distributed by the Company; (e) "Soft Drink Dispensing Equipment" means those devices for the dispensing or storage of soft drink beverages more particularly described in Schedule A hereto and such further similar devices supplied by the Company pursuant to this Agreement; (f) "Term" means the term of this Agreement which shall commence at 6:00 am on July 1, 1993 and shall expire at midnight on June 30, 2003. ADVERTISING - HOCKEY SCOREBOARD, TIME-OF-DAY CLOCK AND MENU BOARDS (1) During the Term, the Company shall have the exclusive right to place advertising, at its cost, on the hockey scoreboard, the clock and the menu boards by decorating them in full colour with advertising material for one or more of the Soft Ddnk Beverages of the Company and may change the advertising material from time to time during the Term. 10. (2) The Company shall, at its cost, maintain and repair the advertising in good and attractive order, normal wear and tear only excluded. The City shall not permit any commercial signage or messages other than the advertising material of the Company to be placed on the ice re-surfacing unit, the hockey scoreboard, the clock or the menu boards. The City shall not permit any advertising, promotion or mention of any nature or description, whether visual or oral (including the public address system in the Arenas), of any Soft Drink Beverage which is not a Soft Drink Beverage of the Company in or about the Complex including its structures, hallways, concourses or at any outside entrances to the Complex and regardless of whether or not it is within the view or hearing of any existing or future spectator seat in the Complex, save and except where necessary to describe a team or a member of a team that is sponsored by a Soft Drink Beverage company other than the Company. The City shall not grant to any manufacturer, bottler or supplier, of Soft Drink Beverages, other than Soft Drink Beverages of the Company, the right to associate itself or its Soft Drink Beverages with the Complex or any part thereof in 'any manner directly or by implication. SOFT DRINK DISPENSING EQUIPMENT The citY, at its cost, shall keep the Soft Drink Dispensing Equipment in good repair, condition and working order and shall furnish any parts required to keep it in good mechanical and working order. Without the prior written, consent of the Company, the City shall not make any alterations, additions or improvements to the equipment; all alterations, additions and improvements made to the equipment shall belong to and become the property of the Company upon the making of the alteration, addition or improvement. The Soft Drink Dispensing Equipment shall be used by the City oniy in the Complex and shall not be removed therefrom or otherwise disposed of without the prior wdtten consent of the Company. The Company may, at its cost, supply and install such additional or replacement Soft Drink Dispensing. Equipment as the Company from time to time considers necessary to service the public demand for Soft Drink Beverages at the Complex at such locations within the Complex as are agreed upon by the Parties; such equipment shall be treated as Soft Drink Dispensing Equipment for the purposes of this Agreement. The City shall at all times during the Term keep all syrup heads of the Soft Drink Dispensing Equipment properly identified with the appropriate trade marks of the O44 11. 12. 13. Company relating to the Soft Drink Beverages of the Company actually dispensed through the heads. No Soft Drink Beverages (other than fruit juices) may be supplied, sold or distributed in the Complex from soft drink dispensing equipment other than the Soft Drink Dispensing Equipment of the Company. COMPLEX SOFT DRINK BEVERAGE SUPPLY During the Term, the Company shall be the sole and exclusive supplier of Soft Drink Beverages for sale or complimentary distribution in the Complex and all parties from time to time selling or distributing Soft Drink Beverages in the Complex shall purchase for resale or distribution at the Complex only the Soft Drink Beverages of the Company at the Company's then prevailing wholesale prices and trade terms which from time to time may exist, provided always that the said wholesale prices of the Company shall remain competitive with 'the wholesale prices which are from time to time offered by other manufacturers or distributors of nationally known Soft Drink Beverages. (2) The Company shall provide such brands and quantities of Soft Drink Beverages as it considers necessary to service the public demand thereof at the Complex. Notwithstanding any other provision contained herein, the Company shall not be liable hereunder for failure to supply Soft Drink Beverages due to government action, statute, ordinance or regulation; strike or other labour disturbance or disruption; fire damage; lack of or inability to obtain materials, labour, fuel or supplies; act of God; or any other cause, contingency or circumstance which is beyond the control of the Company. GENERAL 14. The employees, representatives and agents of the Company shall be permitted access to the Complex during normal business hours for any purpose provided for or contemplated in this Agreement. THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6065/0 2 Being a by-law to authorize the execution of a License Agreement with Gingerbread Co-operative Nursery School (Pickering) Inc. for the operation of a Nursery School at the West Shore Community Centre. WHEREAS, as the City runs and operates a community centre known as the West Shore Community Centre in the Fairport Community in the City of Pickering, and WHEREAS, the School operates a co-operative nursery school and is desirous of using the West Shore Community Centre for the purpose of such operation, and WHEREAS, pursuant to the provisions of paragraph 207.58 and 191 of the Municipal Act, R.S.O. 1990, chapter M.45, as amended, the Council of the Corporation of the City of Pickering may pass by-laws for leasing premises owned by the Corporation, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a License Agreement, in the form attached hereto as Schedule A between the Corporation of the City of Picketing and the Gingerbread Co-operative Nursery School (Pickering) Inc. for the continued use of the West Shore Community Centre. BY-LAW read a first, second and third time and finally passed this 2nd day of December, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk 0.45 ATTACHMENT #/.__~ TO SCHEDULE A THIS LICENCE AGREEMENT made December 2, 2002, pursuant to the provisions of section 207.57 of the Municipal Act, R.S.O. 1990, chapter M.45, BETWEEN' THE GINGERBREAD Co-OPERATIVE NURSERY SCHOOL (PICKERING) INC herein called the "School" OF THE FIRST PART, - and - THE CORPORATION OF THE CITY OF PICKERING herein called the "City", OF THE SECOND PART. WHEREAS the City owns and operates a community centre known as the West Shore Community Centre in the Fairport Community in the City of Pickering; and WHEREAS, the School operates a co-operative nursery school and is desirous of using the West Shore Community Centre and associated facilities, for the purpose of such operation; and WHEREAS, the City is prepared to grant a licence to the school to permit it to use the West Shore Community Centre and associated facilities, for such purpose pursuant to certain conditions hereinafter set out; NOW THEREFORE THIS AGREEMENT WITNESSETH that, in consideration of the mutual covenants and agreements contained herein, the Parties hereto agree as follows: DEFINITIONS 1. In this Agreement, the term, (a) Department means the City's Operations and Emergency Services Department; .and (b) West ShOre Community Centre means the buiidinq owned by the City and located at 1011-1015 Bayly Street in the City of Picl~ering. TERM The City grants the School the exclusive right to use, occupy and operate the School, for a period beginning January 1, 2003 and ending December 31 2005 (3 year term). ' FEE 3. NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of other good and valuable consideration and the sum of Three Thousand, Three Hundred and Sixty dollars ($3,360) (based on $21.00 per child for 16 children) for the 1st year; Three Thousand, Five Hundred and Twenty dollars ($3,520) (based on $22.00 per child for 16 children) for the 2nd year; and Three Thousand, Six Hundred and Eighty dollars ($3,680) (based on $23.00 per child for 16 children) for the 3rd year, one payment being due on the 1st day of January, February, March, April, May, June, September, October, November and December. OPERATION 4. The School, its servants, agents and employees, shall, be allowed to use the West Shore Community Centre and associated facilities, for the purpose of operating a co-operative nursery school as follows: Monday to Friday, inclusive - 8:30 a.m. t° 12:30 p.m., local time, from January 1 2003 to December 31, 2005, inclusive. ' The School shall: (a) provide and pay for all personnel, equipment and supplies for the purpose of its operation of the co-operative nursery school; (b) keep the City free from any costs originating from the operation of the co-operative nursery school; (c) ensure that its operations conclude.by 12:30 p.m., local time, Monday to Friday, to facilitate the use of the Community Centre and associated facilities, for other purposes; (d) indemnify the City for any costs, claims or damages resulting from any loss, damage or injury (including loss of life) to any person or property at any time on the premises or comprising the premises used by the School, however such loss, damage or injury may occur; 2 048 (e) provide ten post-dated cheques, prior to the start of each school season, payable to the City, in the amount set out above, with the executed copies of this Agreement. The City shall: (a) allow the School to use the West. Shore Community Centre and associated facilities, for the purpose of operating a co-operative nursery school as follows: Monday to Friday, inclusive - 8:30 a.m. to 12:30 p.m., local time, from January 1, 2003 to December 31, 2005. (b) provide the necessary electrical power, heat and other utilities, subject to the provisions of section 5, hereof; (c) provide the School With equipment storage cupbOards of adequate size; (d) provide the School with a kitchenette facility for the purpose of providing light snacks for School staff and children; and (e) have the power, through the City's staff, to direct the School's staff when a situation may cause damage to the Community Centre premises. (f) The term of this Agreement shall be from January 1,2003 to December 31, 2005. (g) Either Party to this Agreement.may terminate this Agreement at any time during the term hereof upon 90 days written notice to the other. The City's obligations pursuant to this Agreement shall be dependent upon the availability of satisfactory .facilities during the term hereof. The School shall not hold the City responsible for, and the City shall not be liable to the School in any manner for, the lack of satisfactory facilities resulting from the City's inability to provide same as a result of acts of God, mechanical failure or other circumstances beyond the City's control. This Agreement and everything contained herein shall not be assignable by either party and shall enure to the benefit of and be binding upon the Parties hereto. INSURANCE 5. (1) Prior to occupying the Premises, the Tenant shall, at its own expense, shall provide: (a) comprehensive .general public liability insurance, identifying The Corporation of the City of Pickering as an additional insured, including coverage for personal injury, contractual liability, tenant's legal liability, non-owned automobile liability, death and property damage, on an occurrence basis with respect to the business carried on at the Premises 3 (2) O49 and the Tenant's use and occupancy of the Premises, with coverage for any one occurrence or claim of not less than $2,000,000, which insurance shall protect the Landlord in respect of claims by the Tenant as if the Landlord was separately insured; (b) insurance in respect of fire and other, perils covering the leasehold improvements, trade fixtures, furniture and equipment in the Premises for not less than the full replacement cost thereof; and (c) a certificate of insurance coverage in a form satisfactory to the Landlord, prior to the Tenant taking possession of the Premises, which insurance coverage shall be kept in full force and effect throughout the Term of the Lease and any renewal(s) thereof. The Tenant covenants with the Landlord that the Tenant, in its use and occupation of the Premises, will not do or omit or permit to be done or omitted anything which shall cause any insurance premium of the Landlord to be increased, and if any insurance premium shall be so increased, the Tenant shall pay to the Landlord forthwith upon demand the amount of such increase. If notice of cancellation or lapse shall be given respecting any insurance policy of the Landlord or if any insurance policy shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Premises or any part thereof, the Tenant shall forthwith remedy or rectify such use or occupation upon being requested to do so in writing by the Landlord and if the Tenant shall fail to do so the Landlord may, at its option, terminate this Lease forthwith by notice in writing and the Tenant shall immediately surrender possession of the Premises to the Landlord and thereupon rent and all other amounts for which the Tenant is liable under this Lease shall be 'apportioned and paid in full to the date of surrender; provided that the Tenant shall have the right to replace such cancelled insurance at any time prior to the LandlOrd's notice of termination. LIABILITY OF THE CITY The City shall not be liable to the School for any loss of or damage to the Concessions or any equipment or inventory therein or related thereto, whether caused by fire, theft, burglary or otherwise, unless such loss or damage was caused by the negligence.of the City, its servants, agents or employees. EARLY TERMINATION 7. (1) Either the School or the City may terminate this Agreement prior to its expiry by giving 90 days written notice to the other. 4 (2) If this Agreement is terminated by the City pursuant to subsection (1), all outstanding fees shall immediately become due as if the date of termination were the end of a calendar month. (3) If any outstanding fees are not paid in accordance herewith on early termination or at any other time, the City shall be entitled to retain and dispose of any equipment installed in the Concessions in order to satisfy the outstanding fees and the costs of collecting same. ASSIGNMENT, BINDING NATURE AND BENEFIT HEREOF 8. (1) This Agreement is not assignable by the School without the consent of the City, which consent may be arbitrarily refused. (2) This Agreement shall ensure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the parties herein have hereunto affixed corporate seals attested to by the hands of its authorized officers. SIGNED, SEALED AND DELIVERED their respective GINGERBREAD CO-OPERATIVE NURSERY SCHOOL (PICKERING) INC. THE CORPORATION OF THE CITY OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk 5 'UE COR O T O C TY CXERlU '05 ] BY-LAW NO. ~n~/02 Being a by-law to authorize the execution of a Lease Agreement between The Corporation of the City of Pickering and O.J. Muller Landscape Contractor Ltd. for the leasing of those lands consisting of a stone house and 6.074 acres located on Brock Road North, Pickering, and comprising those parts of Lot 19, Concession 3, Picketing, designated as Parts 2 and 3, Plan 40R-7012. WHEREAS pursuant to the provisions of subsection 191 (1) Municipal Act, R.S.O. 1990, chapter M.45, the Council of The Corporation of the City of Picketing may by by- law lease premises owned by the Corporation; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and clerk are hereby authorized to execute a Lease Agreement in the form acceptable to the City Solicitor for a three (2) year term ending December 31, 2004, between the Corporation of the City of Pickering and O.J. Muller Landscape Contractor Ltd. BY-LAW read a first, second and third time and finally passed this 2nd day of December, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk , OPERATIONS & EMERGENCY SERVICES DEPARTMENT ,.u,,,o,..,-,.,,o,.~,, 2710 BROCK ROAD ENGINEERING DIVISION ~:?~oo .OVEMBER ~oo~ REPORT TO COUNCIL l'}l( 'K El A'F~'ACHiVlENT~--~__ t"ORE~ORT.~ G~,~ ~ 7,-0~ TfllS LEASE made p~su~t to the provisicnz cf ~g~:::t!~n 191(1) of~e Municipal Act, R.S.O. 1990, chapter M.45, ~ of~e 1st ~y of J~u~ 2003. BETWEEN: THE CORPORATION OF THE CITY OF PICKERING herein called the "Landlord" OF THE FIRST PART, O.l. MULLER LANDSCAPE CONTRACTOR LTD. herein called the "Tenant" OF THE SECOND PART. In consideration of the rents, covenants and agreements herein contained the Landlord and the Tenant agree as follows: 1. LEASE AND TERM The Landlord hereby leases to the Tenant those lands consisting of a stone house and 6.074 acres located on Brock Road North, Pickering, and comprising those parts of Lot 19, Concession 3, Pickering, designated as Parts 2 and 3, Plan 40R-7012 (herein called the "Premises"), for a term (herein called the "Term") commencing on the 1st day of January 2003 and expiring on the 31st day of December 2004 unless the Term is earlier terminated. RENT (1) The mount of the rent payable by the Tenant to the Landlord monthly and every month during the Term is: January 1, 2003 -December 31, 2003 January 1, 2004 - December 31, 2004 $1,500 / month $1,500 / month Plus G.S.T. (2) Place and Manner of Pawnent Each payment of rent shall be paid by the Tenant to the Landlord in advance, on the first day of the month, in lawful money of Canada, at the address of the Landlord set out in section 18(3) or at such other place as the Landlord shall from time to time designate, and the Landlord may require the Tenant to prov/de post-dated cheques for this purpose. GENERAL COVENANTS (1) The Landlord covenants with the Tenant: (a) for quiet enjoyment; and (b) to observe and perform all covenants and obligations of the Landlord herein. (2) The Tenant covenants with the Landlord: (a) (b) to pay rent; and to observe and perform all covenants and obligations of the Tenant herein; O54 USE AND OCCUPANCY OF PREMISES The Tenant covenants with the Landlord: ~TTACHMENT# '2. of (a) Conduct of Business (b) To use and occupy the property or the Premises during the Term, to cultivate the land for cash crops and to store and market nursery stock, which would include natural stone, packaged peat moss and other related landscape materials. The outdoor storage area for these materials are to be in a location that would not be Visible from the road. The Tenant covenants to not use the property or Premises for any use that is in contravention of any ordinance or law; Hours of Operation and Illumination (c) To carry on the business only between the hours of 5:30 a.m. and 12:00 midnight, local time, and not to illuminate any sign or any part of the Premises not contained within a building or structure, except for security purposes, between 12:01 a.m. and 5:30 a.m., local time; Business Name (d) To carry on business on the Premises under the name and style of O.J. Muller Landscape Contractor and under no other name or style unless approved in writing by the Landlord; Appearance, etc. of Premises To maintain and operate the Premises so that they shall always be of good appearance and suitable for the proper operation of the business required to be carried on therein and comparable with the standards of the best such business, and in so doing, to keep the Premises orderly, tidy, clean and clear of all refuse; and (e) By-Laws To comply at its own expense with all municipal, federal and provincial sanitary, fire and safety laws, regulations and requirements pertaining to the occupation and use of the Premises, the conditions of the Leasehold Improvements, trade fixtures, fum/~e and equipment installed by or on behalf of the Tenant therein and the making by the Tenant of any repairs, changes or improvements iherein. .TAXES (1) Pa'anent by Tenant The Tenant covenants with the Landlord to pay promptly when due to the taxing authority or authorities having jurisdiction, all taxes, rates, duties, levies and assessments whatsoever, whether municipal, parliamentary or otherwise, levied, imposed or assessed in respect of the Premises and any and every business carried on in the Premises by the Tenant, or in respect of the use or occupancy thereof (including licence fees and including, without limitation, any G.S.T. and business taxes which may be applicable). ..UTILITIES The Tenant covenants with the Landlord that the Tenant will pay all gas, oil, water, hydro, sewer and electric light charges in connection with the Premises. LICENCES, ASSIGNMENT AND SUBLETTING (1) Licences The Tenant shall not permit any part of the Premises to be used or occupied by any persons other than the Tenant and the employees of the Tenant, or permit any part of the Premises to be used or occupied by any licensee or concessionaire, or permit any persons to be upon the Premises other than the Tenant, its employees, customers and others having lawful business with it. 10. (2) ^rTAC~qPiENT# , Assignment and Subletting The Tenant shall not assign this Lease or sublet all or any part of the Premises. SIGNS (a) The Tenant shall be permitted to maintain an identification sign at or near the frontage of the Premises on Brock Road. Such sign shall contain only the name or style under which the Tenant is required to carry on business under the provisions of this Lease unless the Landlord shall otherwise approve in writing. (b) Such sign, including the size, location? arrangement and type of lettering, its colour, illumination and all its other appearance and design features shall be subject to the prior written approval of the Landlord. (c) The Tenant shall not paint, display, inscribe; place or affix any sign, symbol, notice, lettering or display of any kind anywhere outside the Premises or Within the Premises so as to be visible from the outside of the Premises with the exception of lawful signs erected on the Tenant's lands adjacent to the Premises, except with the prior written consent of the Landlord. (d) Should the Landlord at any time object to any sign, symbol, notice, lettering or display either affixed to or visible fi'om the outside of the Premises, the Tenant shall remove the same forthwith upon request. ABANDONED PROPERTY The Landlord may sell, retain for the Landlord's own use or otherwise dispose of the property of the Tenant left in the Premises if the Tenant has vacated the Premises. DEATH OF A TENANT If the Tenant dies and there are no other tenants of the Premises, the tenancy shall be deemed to be terminated 30 days after the death of the Tenant. 11. LEASEHOLD IMPROVEMENTS AND TRADE FIXTURES (1) Definition of Leasehold Improvements For purposes of this Lease, the Term "Leasehold Improvements" includes without limitation all fixtures, improvements, installations, alterations and additions from time to time made, erected or installed by or on behalf of the Tenant in or on the Premises, and whether or not moveable, with the exception of trade fixtures, furniture and equipment not of the nature of fixtures. (2) Installation of Improvements and Fixtures The Tenant shall not make, erect, install or alter any Leasehold Improvements or trade fixtures, including lighting, in or on the Premises without having first obtained the Landlord's written approval. The Tenant's request for any approval hereunder shall be in writing and accompanied by an adequate description of the contemplated work and, where appropriate, working drawings and specifications thereof. All work to be performed on the Premises shall be performed by competent contractors and subcontractors of whom the Landlord shall have approved, such approval not to be unreasonably withheld. All such work shall be subject to inspection by and the reasonable supervision of the Landlord, and shall be performed in accordance with any reasonable conditions or regulations imposed by the Landlord and completed in a good and workmanlike manner in accordance with the description of work approved by the Landlord. 055 (3) ATTACHMENT# ii, TOI~PORT# Liens and Encumbrances on Improvements and Fixtures In connection with the making, erection, installation or alteration of Leasehold Improvements and trade fixtures and all other work or installations made by or for the Tenant in or on the Premises, the Tenant shall comply with all the provisions of the Construction Lien Act, and other statutes from time to time applicable thereto, including any provision requiring or enabling the retention by way of hold-back of portions of any sums payable, and except as to any such hold- back shall promptly pay all accounts relating thereto. The Tenant shall not create any mortgage, conditional sale agreement or other encumbrance in respect of its Leasehold Improvements or, without the consent of the Landlord, with respect to its trade fixtures nor shall the Tenant take any action as a consequence of which any such mortgage, conditional sale agreement or other encumbrance would attach to the Premises or any part thereof. If and whenever any mechanics~ or other hen for work, labour, services or materials supplied to or for the Tenant or for the cost of which the Tenant may be in any way liable or claims therefore shall arise or be filed or any such mortgage, conditional sale agreement or other encumbrance shall attach, the Tenant shall within twenty (20) days after receipt of notice thereof procure the discharge thereof, including any certificate of action registered in respect of any lien, by payment or giving security or in such other manner as may be required or permitted by law, and failing which the Landlord may in addition to all other remedies hereunder avail itself of its remedy under section 12 hereof and may make any payments required to procure the discharge of any such liens or encumbrances, shall be entitled to be reimbursed by the Tenant as provided in section 12, and its fight to reimbursement shall not be affected or impaired if the Tenant shall then or subsequently establish or claim that any lien or encumbrance so discharged was without merit er excessive or subject to any abatement, set-off or defence. This subsection shall not prevent the Tenant from mortgaging or encumbering its chattels, furniture or equipment not of the nature of fixtures. (4) Removal of Improvements and Fixtures (a) All Leasehold Improvements, trade fixtures, furniture and equipment shall be removed by the Tenant from the Premises either during or at the expiration or sooner termination of the Term. Such removal shall be at the expense of the Tenant. (b) The Tenant shall, in the case of every removal either during or at the end of the Term, make good at the expense of the Tenant, any damage caused to the Premises by the installation and removal of all Leasehold Improvements, trade fixtures, furniture and equipment. 12. INSURANCE AND LIABILITY (1) Tenant's Insurance The Tenant shall take out and keep in force during the Term: (a) comprehensive insurance of the type commonly called general public liability, which shall include coverage for personal liability, contractual liability, tenants' legal liability, non-owned automobile liability, bodily injury, death and property damage, all on an occurrence basis with respect to the business carried on in or from the Premises and the Tenant's use and occupancy of the Premises, with coverage for any one occurrence or claim of not less than Five Million Dollars ($5,000,000), or such other amount as the Landlord may reasonably require upon not less than six months notice at any time during the Term, which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; and insurance against such other perils and in such amounts as the Landlord may from time to time reasonably require upon not less than 90 days written notice, such requirement to be made on the basis that the required insurance is customary at the time for prudent tenants of similar properties. ATTACHMENT# All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection. Each policy shall contain a waiver by the insurer of any fights of subrogation or indemnity or any other claim over to which the insurer might otherwise be entitled against the Landlord or the agents or employees of the Landlord, and shall also contain an undertaking by the insurer that no material change adverse to the Landlord or the Tenant will be made, and the policy will not lapse or be cancelled, except after not less than thirty days written notice to the Landlord of the intended change, lapse or cancellation. The Tenant shall fumish to the Landlord, if and whenever requested by it, certiftcates or other evidences acceptable to the Landlord as to the insurance from time to time effected by the Tenant and its renewal or continuation in force, together with evidence as to the method of determination of full replacement cost of the Tenant's Leasehold Improvements, trade fixtures, furniture and equipment, and if the Landlord reasonably concludes that the full replacement cost has been underestimated, the Tenant shall forthwith arrange for any consequent increase in coverage required hereunder. If the Tenant shall fail to take out, renew and keep in force such insurance, or if the evidences submitted to the Landlord pursuant to the preceding sentence are unacceptable to the Landlord or no such evidences are submitted within a reasonable period after request therefore by the Landlord, then the Landlord may give to the Tenant written notice requiring compliance with this section and specifying the respects in which the Tenant is not then in compliance with this section. If the Tenant does not, within 72 hours or such lesser period as the Landlord may reasonably require having regard to the urgency of the situation, provide appropriate evidence of compliance with this section, the Landlord may, but shall not be obligated to, obtain some or all of the additional coverage or other insurance which the Tenant shall have failed to obtain, without prejudice to any other rights of the Landlord under this Lease or otherwise, and the Tenant shall pay all premiums and other expenses incurred by the Landlord in that connection as additional rent pursuant to section 12 hereof. (2) Limitation of Landlord's LiabiliW The Landlord shall not be liable for any bodily injury or death of, or loss or damage to any property belonging to the Tenant or its employees, invitees or licensees or any other person in, or about the Premises. (3) IndemniW of Landlord The Tenant shall indemnify and save harmless the Landlord in respect of: (a) Co) (c) all claims for bodily injury or death, property damage or other loss or damage arising from the conduct of any work by or any act or omission of the Tenant or any agent, employee, contractor, invitee or licensee of the Tenant, and in respect of all costs, expenses and liabilities incurred by the Landlord in connection with or arising out of all such claims, including the expenses of any action or proceeding pertaining thereto; any loss, cost, expense or damage suffered or incurred by the Landlord arising from any breach by the Tenant of any of its covenants and obligations under this Lease; and all costs, expenses and reasonable legal fees that may be incurred or paid by the Landlord in enforcing against the Tefiant the covenants, agreements and representations of the Tenant set out in this Lease. 13. RULES AND REGULATIONS The Tenant further covenants with the following: (a) (b) (c) To return all keys for the Premises prior to the termination of this Lease; To provide to the Landlord with particulars of ail automobiles (which term includes passenger vans and light tracks) to be parked on the Premises and to comply with all by-laws related thereto; The water closets and other water apparatus shall not be used for any purpose other then those for which they were constructed and no sweepings, garbage, mbhish, rags, ashes or other substances shall be thrown therein. Any damage resulting to them from misuse or from unusual or unreasonable use shall be borne by the Tenant who or whose family, guests, visitors, servants, clerks or agents shall cause it; 057 O58 (d) All awnings or shades over and "0ut.~de°~f'"the windows desired by Ten.ts shall be erected at their own e×per~e: they must be o£ such shade, eolour, material and m~ke ~s may be prescribed by the Landlord and shall be put up under the direction o£the Landlord or his a§ents; (e) The Tenant must observe strict care not to allow their windows to remain open so as to admit rain or snow. For any injmy caused to the property of the Landlord by such carelessness the Tenant neglecting this role will be held responsible; (f) No additional locks shall be placed upon any door of the Premises, without the written consent of the Landlord which shall be endorsed hereon; (g) No Tenant shall do, or permit anything to be done in said Premises or bring or keep anything therein which will in any way increase the risk of fire or the rate of fire insurance on the Premises, or on property kept therein, or conflict with any of the roles and ordinances of the Board of Health or with any statute or municipal by-law; (h) Nothing shall be placed on the outside of window sills or projections; (i) The water shall not be left running unless in actual use in the leased Premises; spikes, hooks, screws or nails shall not be put into the walls or woodwork of the building; (j) If the Tenant desires telegraphic or telephone connections, the Landlord or his agents will direct the electricians as to where and how the wires are to be introduced and without sUch direction no boring or cutting for wires will be permitted. If the Tenant desires to install, add to or alter, gas or electric light fittings, for lighting the Premises the Tenant must arrange with the Landlord for the necessary connections and no gas pipe or electric wires will be permitted which has not been authorized in writing by the Landlord or his agents; (k) No auction sale shall be held in the Premises without consent in writing of the Landlord; (1) No stores of coal or any combustible or offensive goods, provisions or materials shall be kept upon the Premises; (m) That no assent or consent to changes in or waiver of any part of this agreement in spirit or letter shall be deemed or taken as made, unless the same be done in writing and attached to or endorsed hereon by the Landlord or his agents; (n) Hardwood floors must be kept clean, waxed and polished at the expense of the Tenant; (o) No heavy furniture shall be moved over floors of flat, halls, landings or stairs, so as to mark same; (p) Rugs must be so laid to cover all floors so as to suppress any noise that might disturb other tenants; (q) The Tenant will be held responsible for any damage to the Premises caused by moving furniture in or out of said Premises; and (0 The Premises be left clean and in good condition at expiration of Term. The Landlord shall have the right to make such other and farther reasonable rules and regulations as in his judgment may from time to time be needful for the safety, care and cleanliness of the Premises and for preservation of good order therein and the same shall be kept and observed by tenants, their families, visitors, guests, clerks, servants and agents. 14. ACCESS OF LANDLORD (1) Inspection and Access The Landlord shall be permitted at any time and from time to time to enter and to have its authorized agents, employees and contractors enter the Premises for the purposes of inspection, maintenance or making repairs, and the Tenant shall provide free and unhampered access for the purpose, and shall not be entitled to compensation for any inconvenience, nuisance or discomfort caused thereby, but the Landlord in exercising its rights hereunder shall proceed to the extent reasonably possible so as to minimize interference with the Tenant's use and enjoyment of the Premises. (2) Exhibiting Premises The Landlord and its authorized agents and employees shall be permitted entry to the Premises during the last six (6) months of the Term for the purpose of exhibiting them to prospective tenants. 15. DELAY AND NON-WAIVER ATTACH PIENT#~ TO REPORT#, ~_of /~ (1) Unavoi~ Except as herein otherwise expressly provided, if and whenever and to the extent that either the Landlord or the Tenant shall be prevented, delayed or restricted in the fulfillment of any obligation hereunder in respect of the making of any repair, the doing of any work or any other thing, other than the payment of rent or other monies due, by reason of: (a) strikes or work stoppages; (b) inability to obtain any material, service, utility or labour required to fulfill such obligation; (c) any statute, law or regulation of, or inability to obtain any permission from, any government authority having lawful jurisdiction preventing, delaying or restricting such fulfillment; or (d) other avoidable occurrence, the time for fulfillment of such obligation shall be extended during the period in which such circumstance operates to prevent, delay or restrict the fulfillment thereof, and the other party shall not be entitled to compensation for any inconvenience, nuisance or discomfort thereby occasioned. (2) Waiver If either the Landlord or the Tenant shall overlook, excuse, condone or suffer any default, breach or non-observance by the other of any obligation hereunder, this shall not operate as a waiver of such obligation in respect of any continuing or subsequent default, breach or non-observance, and no such waiver shall be implied but shall only be effective if expressed in writing. 16. REMEDIES OF LANDLORD (1) In addition to all rights and remedies of the Landlord available to it in the event of any default hereunder by the Tenant through improper compliance or non-compliance with any obligation arising either under this or any other provision of this Lease or under statute or the general law the Landlord: (a) shall have the fight at all times to remedy or attempt to remedy any default of the Tenant, and in so doing may make any payments due or alleged to be due by the Tenant to third parties and may enter upon the Premises to do any work or other things therein, and in such event all expenses of the Landlord in remedying or attempting to remedy such default shall be payable by the Tenant to the Landlord as additional rent forthwith upon demand. (b) shall have the same rights and remedies in the event of any non-payment by the Tenant of any amounts payable by the Tenant under any provision of this Lease as in the case of a non-payment of rent; and (c) if the Tenant shall fail to pay any rent or other amount from time to time payable by it to the Landlord hereunder promptly when due, shall be entitled, if it shall demand it, to interest thereon at a rate of three per cent (3%) per armum in excess of the minimum lending rate to prime commercial borrowers from time to time current at the City's bank from the date upon which the same was due until I actual payment thereof. O6O (2) Remedies Cumulative AV;'ACH?,iENT#~ T'O REPORT#~ ~i '- c' ~ The Landlord may fi:om time to time resort to any or all of the fights and remedies available to it in the event of any default hereunder by the Tenant, through improper compliance or non- compliance with any obligation arising either under any provision of th/s Lease or under statute or the general law, all of which rights and remedies are intended to be cumulative and not alternative, and the express provisions hereunder as to certain rights and remedies are not to be interpreted as excluding any other or additional rights and remedies available to the Landlord by statute or the general law. (3) Right of Re-Entry on Default or Termination If and whenever the rent hereby reserved or other monies payable by the Tenant or any part thereof shall not be paid on the day appointed for payment thereof, whether lawfully demanded or not, and the Tenant shall have failed to pay such rent or other monies within five (5) business days after the Landlord shall have given to the Tenant notice requiting such payment, or if the Tenant shall breach or fail to observe and perform any of the covenants, agreements, provisos, conditions and other obligations on the part of the Tenant to be kept, observed or performed hereunder, or if this Lease shall have become terminated pursuant to any provision hereof, or if the Landlord shall have become entitled to terminate this Lease and shall have given notice terminating it pursuant to any provision hereof, then and in every such case it shall be lawful for 'the Landlord thereafter to enter into and upon the Premises or any part thereof in the name of the whole and the same to have again, repossess and enjoy as of its former estate, anything in this Lease contained to the contrary notwithstanding. (4) Termination and Re-Entry (5) If and whenever the Landlord becomes entitled to re-enter upon the Premises under any provision of this Lease the Landlord, in addition to all other rights and remedies, shall have the right to terminate this Lease forthwith by leaving upon the Premises notice in writing of such termination. Payment of Rent, etc. on Termination Upon the giving by the Landlord of a notice in writing terminating this Lease, whether pursuant to this or any other provision of this Lease, this Lease and the Term shall terminate, rent and any other payments for which the Tenant is liable under this Lease shall be computed, apportioned and paid in full to the date of such termination, and the Tenant shall immediately deliver up possession of the Premises to the Landlord, and the Landlord may re-enter and take possession of them. 17. IMPROPER USE OF PREMISES; BANKRUPTCY (1) Bankruptcy, etc. In case without the written consent of the Landlord the Premises shall be used by any other persons than the Tenant or for any purpose other than that for which they were leased, or occupied by any persons whose occupancy is prohibited by this Lease, or if the Premises shall be vacated or abandoned, or remain unoccupied for fifteen (15) days or more while capable of being occupied; or if the balance of the Term or any of the goods and chattels of the Tenant shall at any time be seized in execution or attachment, or if the Tenant shall make any assignment for the benefit of creditors or any bulk sale, become bankrupt or insolvent or take the benefit of any statute now or hereafter in force for bankrupt or insolvent debtors, then in any such case the Landlord may at its option terminate this Lease by leaving upon the Premises notice in writin~ of such termination and thereupon, in addition to the payment by the Tenant of rent and other payments for which the Tenant is liable under this Lease, rent for the current month and the next ensuing three (3) months shall immediately become due and paid by the Tel~ant. 18. MISCELLANEOUS PROVISIONS (1) .Registration of Lease ,ATTACH MENT# -~, TO REPORT#~ 5 V- © 2_ --...~of / (5 Neither the Tenant nor the Landlord shall register this Lease or a notice of this Lease. (2) Lease Constitutes Entire Agreement There are no covenants, representations, warranties, agreements or conditions express or implied, collateral or otherwise forming part of or in any way affecting or relating to this Lease save as expressly set out in this Lease; this Lease constitutes the entire agreement between the Landlord and the Tenant and may not be modified except as herein explicitly provided or except by agreement in writing executed by the Landlord and the Tenant. (3) Notices (4) Any notice required or contemplates by any provision hereof shall be given in writing, and (a) if to the Landlord, either delivered to the City Clerk personally or mailed by prepaid registered mail addressed to the City Clerk at Picketing Civic Complex, One The Esplanade, Picketing, Ontario L1V 6K7; and Co) if to the Tenant, either delivered to O.J. Muller Landscape Contractor personally or mailed by prepaid registered mail addressed to O.J. Muller Landscape Contractor at Brock Road North, Picketing, Ontario. Every such notice shall be deemed to have been given when delivered or, if mailed as aforesaid, upon the day after the day it is mailed. Either party may from time to time by notice in writing to the other, designate another address in Canada as the address to which notices are to be mailed to it. Interpretation All of the provisions of this Lease are to be construed as covenants and agreements as though words importing such covenants and agreements were used in each separate provision hereof, and the captions appearing for the provisions of this Lease have been inserted as a matter of convenience and for reference only and in no way de£me, limit or enlarge the scope or meaning of this Lease or of any provision hereof. (5) Extent of Lease Obligations This Lease and everything herein contained shall enure to the benefit of and be binding upon the respective heirs, executors, administrators and other legal representatives, as the case may be, of each party hereto, and every reference herein to any party hereto shall include the heirs, executors, administrators, and other legal representatives of such party. 06! 19. RIGHT OF FIRST REFUSAL The Tenant herein acknowledges that, notwithstanding any other provisions of the Lease Agreement for the Premises, there is no right of first refusal in favour of the Tenant with respect to the Premises herein and the Tenant releases any claims against the Landlord in respect thereof. 20. SEVERABILITY Should any provision or provisions of this Lease be illegal or not enforceable, it or they shall be considered separate and severable from the Lease and its remaining provisions shall remain in force and be binding upon the parties hereto as though the said provision or provisions had never been included. O62 ~,, A~IiVlENT#__.=.._~ TO /~:" of /o IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE CITY OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk O.J. Muller Landscape Contractor Ltd. O.J. Muller, President lease/LOOO1/misc/lease 10 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO.6067 /02 Being a by-law of The Corporation of the City of Pickering to Establish a Property Tax Rebate Program for the Vacant Portions of Property in the Commercial Property Class or the Industrial Property Class. WHEREAS the Corporation of the City of Pickering (the "Municipality") is required to have a property tax rebate program for the vacant portions of property in the Commercial Property Class and the Industrial Property Class, both as defined in s. 363(20) of the MunicipalAct, pursuant to s. 442.5 of the MunicipalAct, R.S.O. 1990, c.M.45, as amended (hereinafter referred to as the "Act') and; WHEREAS s. 442.5 of the Act has been supplemented by Ontario Regulation Number 325/01 (hereinafter referred to as "O. Reg. 325/01'~ and; WHEREAS the Council of the City of Pickering deems it appropriate to enact this By- Law for the purpose of establishing a property vacancy tax rebate program. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. In this By-Law: "assessment corporation" means the Municipal Property Assessment Corporation ("MPAC") or its successor; "base property" has, for the purposes of this by-law, the meaning prescribed by s. 2(1) of O. Reg. 325/01; "eligible property" means property that has been prescribed as such by the Minister of Finance (hereinafter referred to as the "Minister") in O. Reg. 325/01 for the purposes of s. 442.5 of the Act; "eligible property classes" means property that is in the Commercial property class or the Industrial property class as defined in s. 363(20) of the Act; "inspector" means either another person designated by the Treasurer of the Municipality or an employee of the Municipality, either of whom will conduct inspections and investigations pursuant to this by-law; "mixed use property" means if portions of a property are classified in different property classes on the assessment roll, each portion shall be deemed to be a separate property for the purposes of this by-law; "period of time" means the pedod of time provided for in s. 1, 2, 3 and 4 of O. Reg 325/01 unless otherwise provided for in this by-law; "time" is a reference to a period of at least ninety (90) consecutive days shall be read as a reference to a period of at least eighty-nine (89) consecutive days if the period includes all of the month of February; "Treasurer" means the Treasurer of theCity of Pickering; "use" for the purposes of this by-law, the following activities or factors, without some other activity, do not constitute the use of a building or structure of a portion of a building: i) Construction, repairs or renovation; ii) Heating, cooling, lighting or cleaning; or iii) The presence of fixtures. 2. This by-law shall apply commencing January 1, 2002. 3. The provisions of this by-law shall be administered by the Treasurer of The City of Pickering. 4. This by-law shall apply where: a) a building or structure on property in an eligible property class is unused for at least ninety (90) consecutive days as provided for in s. 1(1) of O. Reg. 325/01 and for the purposes of this by-law such a vacancy shall be referred to as a "Complete Vacancy"; b) a portion of a building on property in the Commercial property class is unused for at least ninety (90) consecutive days and the unused portion of the building was cleady delineated or separated by physical barriers from any used portion of the building provided that the unused portion of the building was: (1) capable of being leased for immediate occupation; (2) capable of being leased but not for immediate occupation due to repairs, renovations or construction that was either needed or underway; or (3) unfit for occupation; as provided for in s. 1(2) of O. Reg. 325/01 and for the purposes of this by-law such a vacancy shall be referred to as a "Commercial Partial Vacancy"; c) a portion of a building on property in the Industrial property class is unused for at least ninety (90) consecutive days and the unused portion of the building was cleady delineated or separated by physical barriers from any used portion of the building as provided for in s. 1(3) of O. Reg. 325/01 and for the purposes of this by-law such a vacancy shall be referred to as an "Industrial Partial Vacancy"; o Notwithstanding anything in this by-law, no property shall be considered entitled to any rebate relief under this by-law where the building, structure or portion of the building is: a) Used for commercial or industrial activity on a seasonal basis; b) Leased to a tenant who is in possession of the leasehold interest throughout the period of time; or c) Included in a subclass for vacant land under subsection 8(1) of the Assessment Act, R.S.O. 1990, c.A.31, as amended, throughout the period of time. Subject to Section 10 hereof, a property owner or its authorized agent may make a one application for the taxation year to the Municipality where the eligible property is located for a rebate of property taxes in respect vacant eligible property. 7. The application required by the Municipality shall be set out in Schedule "A". The application shall be accompanied by such additional information and documentation as the Treasurer reasonably deems to be appropriate. The application shall be accompanied by a Statutory Declaration, sworn under oath or affirmed by the owner of the property that all of the contents of the application and the accompanying information are true and correct 10.The application for a taxation year shall be made after January 1 of the taxation year and no application shall be accepted later than the last day of February of the year following the taxation year. 11.An interim application for a taxation year may be made for the first six months of the taxation year. 12.A copy of the application, or interim application, shall be forwarded to the assessment corporation for determination of the value of the eligible property. 13.An inspector may attend and make entry to the buildings and structures on the property at all reasonable times and upon reasonable notice to the owner or its manager for the purposes of: a) Verifying all information accompanying the application; b) Obtaining such other information from every adult person present on the property as is required to assist in determining the applicant's entitlement to the vacancy rebate; c) Requesting or obtaining from the owner or its manager any information or documents relevant to the determination of the applicant's entitlement to the vacancy rebate. 14.The Treasurer may, by wdtten request sent by mail, delivered personally or by couder, require the owner or its manager to provide any information or documents relevant to the determination of the applicant's entitlement to the vacancy rebate. 15.The Treasurer may establish a reasonable time within which the owner or its manager is required to respond to a request made by the Municipality under Section 14 hereof. 16. As soon as practicable after receipt of: a) all of the information and documents relevant to the determination of the applicant's entitlement to the vacancy rebate; and b) the determination by the assessment corporation of the value of the eligible property; the Treasurer of the Municipality shall determine if the applicant is entitled to a vacancy rebate and, if so entitled, the rebate shall be calculated as follows: Multiply the applicable percentage derived from Paragraphs 18 or 19 hereof to the taxes applicable determined as follows: (a) Determine the apportioned taxes as the percentage that the value of the eligible property is of the base property multiplied by the taxes for municipal and school purposes for the base property, for the taxation year; (b) Determine the vacancy period as a percentage of the taxation year; and (c) Multiply the apportioned taxes by the vacancy percentage. 17. In the event the vacancy period begins after October 3 in the immediately preceding taxation year then the amount of taxes for municipal and school purposes under s. 15(i)(1) hereof is determined by adding the amounts as directed by s. 2(4) of O, Reg 325/01. 18.The amount of rebate in respect of eligible property in the Commemial property class shall be thirty percent (30%) of the taxes applicable to the vacant area. 19.The amount of rebate in respect of eligible property in the Industrial property class shall be thirty-five percent (35%) of the taxes applicable to the vacant area. 20.A rebate determined under s. 16 hereof shall be paid by the Municipality to the owner of the eligible property as soon as practicable following determination and a copy of the calculation shall be provided to the owner. 21. In the event a application is determined to be not entitled to a vacancy rebate the Treasurer shall advise the owner or its authorized agent, as the case may be, in wdting. 22.A rebate shall be recalculated in the event that: a) taxes of the base property are reduced under s. 442 or s. 443 of the Act; or b) the assessment of the base property is changed as a result of the following: i) a reconsideration under s. 39.1 of the Assessment Act; ii) an appeal under s. 40 of the Assessment Act; or iii) a Court application under s. 46 of the Assessment Act. 23.1f, as a result of a recalculation under s. 22 hereof the Municipality has paid or credited an owner an amount greater than that determined as a result of the recalculation then the Municipality may recover the excess amount. 24.1f, as a result of a recalculation under s. 22 hereof the Municipality has paid or credited an owner an amount less than that determined as a result of the recalculation then the Municipality shall pay or credit the owner the additional rebate amount as soon as practicable following the recalculation. 25. The Treasurer may calculate the rebate amount under this by-law based on an estimate of the amount of taxes for municipal and school purposes and then subsequently adjust the rebate amount when the amount of taxes is finally determined for the taxation year. 26.Any rebate that a property owner is entitled to under this By-Law may be set-off as a credit against any unpaid taxes or interest in respect of the property. 27.1n the event a rebate is erroneously paid under this By-Law, the Treasurer may, within two years after the application for the vacancy rebate was made, notify the owner of the amount of the overpayment and any such overpayment shall be deemed to be taxes for municipal and school purposes. 28. The costs of the property vacancy rebate program shall be shared proportionately by the municipalities and school boards as the municipalities and school boards share in the revenue from the taxes on the property. 29. Interest on rebates determined under this by-law shall be paid in accordance with the provisions of s. 442.5(21 ) of the Act and s. 6, 7 and 8 of O. Reg. 325/01. 30.Any person who knowingly makes a false or deceptive statement in an application made to the Municipality or in any other document submitted to the Municipality under this by-law is guilty of an offence and is liable on conviction to a fine that is the greater of $500.00 and twice the amount of the rebate obtained or sought to be obtained by the false or deceptive statement. BY-LAW read a first, second and third time and finally passed this 2nd day of December, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk ~ Schedule "A" For Adjustment of Taxes for the Year Application for Rebate of Property Taxes For Vacancies in Commercial & Industrial Property Application No. NO 0142 ', 067 INSTRUCTIONS The DEADLINE for submitting applications is February 28 of the year follOWing the taxation year to which the application refers. Applications must be delivered to: Tax Section Corporate Services Department Tel: 905420-4614 City of Pickering Fax: 905420.5313 Pickering Civic Complex One The Esplanade Picketing, ON L IV 6K7 Any pempn who knowingly makes a false or deceptive statement in this application is guilty of an offence and upon conviction, is liable for a fine. To be eligible for a rebate, a building or portion of abuilding must.satisfy the COnditions described in Category 1 or Category 2 below. ELIGIBILITY (please check [] to confirm eligibility) CATEGORY 1 - Buildings that are Entirely Vacant A whole commercial or industrial building will be eligible for rebate if: ~ the entire building Was unused for 90 consecutive days. CATEGORY 2 - Buildings that are Partially Vacant A suite or unit within a commercial building will be eligible for rebate if, for at least 90 consecutive days it was: [] unused; and ~ cleady delineated or physically separated from the used portions of the building; and [~ either ~ capable of being leased for immediate occupation, or [] undergoing or in need of repairs or renovations that prevented it from being available for lease for immediate occupation, or [] unfit for occupation. A portion of an industrial building will be eligible for a rebate if for at least 90 days consecutive days, it was: - ~ unused, and ~ cleady delineated or physically separated from the used portions of the building. EXCLUSIONS A building or portion of a building will not be eligible for a rebate if: it is used for commercial or industrial activity on a seasonal basis; during the period of vacancy if was subject to a lease, the term of which had commenced; or during the period of vacancy it was included in a sub-class for vacant land. PROPERTY INFORMATION Propen'y Address (Number and Street) CJty/Townl Mu nit~pe lily, etc. Pickedng Pmvinca Postal Code Ontario Owner's Name Mailing Address (Number and St,'eet) Mailing Address (Number and Sa'eel) Cily/Tow..?,;~ niclp a Iffy, etc. PostaJ Code City/Tewn/M Lrnlclpallly, otc. Province Phone Number Phone Number .( ). ( ) (Inoludo unit/suite number, floor number, TO building nurober. Attach sketch ff necessaly) month year day month Rbil Nurober (see your notice of property assessment, your property tax bill, or contact your local munlcfparlty) Representative's/Agent's Name (if applicable) Province Fax Number ( ) Fax Number ) IPostal Code I certify that the ;,,f~..~[;on c,~i=~;ned In all pages of this form and attachments Is t~ua and correct ~ Name of Applicant (please pdnt) Slgna~re I Date The informaaon on th~ form ~e ~ unae'r th~ autho~ of s~ ~2.S o~e MunUm~ A~ ~na ~na~ R~u~a~ 32S~ a~ it w,~ ~ u~ only ~ ~ pu~ses of dete~ining eligibilf~ fm a pm~ ~ rebate and the amount of ~e rebate in resp~ ~ vaunt ~mmerdal and industd~ ~ildi~s. ~es~ns a~ ~e ~11~ of ~monat info~ sho~td be dire~ to your loci municl~l offi~. 068' THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO.6068/0 2 Being a by-law to authorize the temporary borrowing of moneys to meet the current and capital expenditures of the City of Pickering for the year 2003. WHEREAS Section 187 of the Municipal Act provides that the Council of the City of Pickering may by by-law authorize the Mayor and Treasurer of the Municipality to borrow from time to time by way of promissory note such sums as the Council may deem necessary to meet, until the taxes for the current year are collected and other revenues are received, the current expenditures of the Municipality for the year, including the amounts required for principal and interest falling due within the year upon any debt of the Municipality, and the sums required by law to be provided by the Council for any local board of the Municipality; and, WHEREAS Section 187(2) limits the total of such borrowings to not exceeding 50 per cent of the estimated annual revenues from January 1, 2003 to September 30, 2003 and 25 per cent thereafter; and, WHEREAS it is deemed necessary by the said Council to borrow the sum of twenty- three million dollars ($23,000,000) to meet, until the taxes for the current year are received, the current expenditures of the Municipality for the year 2003, including the amounts and sums aforesaid; and, WHEREAS the said sum of twenty-three million dollars ($23,000,000) plus any similar borrowings that have not been repaid, is less than 50 per cent of the total amount of the estimated revenues of the Municipality from January 1 to September 30 as set forth in the estimates adopted by the said Council for the year 2002 exclusive of revenues derivable from the sale of assets, borrowings or issues of debentures or from a surplus including arrears of levies and $11,000,000 is less than 25 per cent thereafter; and, WHEREAS Section 188 of the Municipal Act provides that if a municipality has by by- law approved an undertaking to be financed in whole or in part by incurring long-term debt, the council may by by-law authorize temporary borrowing to meet expenditures made in connection with the undertaking; and, WHEREAS it is deemed necessary by the said Council to borrow the sum of sixteen million dollars ($16,000,000) to meet the capital expenditures approved by Council. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Treasurer of the City of Pickering be and they are hereby authorized to borrow from time to time by way of promissory notes a sum or sums not exceeding twenty-three million dollars ($23,000,000) to meet, until the levies for the year 2003 are received, the current expenditures of the Municipality for such year, including the amounts required for principal and interest falling due within the year upon any debt of the Municipality for the period January 1, 2003 to September 30, 2003 inclusive and $11,000,000 thereafter until December 31, 2003. The Mayor and Treasurer of the City of Pickering be and they are hereby authorized to borrow from time to time by way of promissory notes a sum or sums not exceeding in all the sum of sixteen million dollars ($16,000,000) to meet the capital expenditures as approved by Council, of the Municipality including the amounts required for principal and interest. Any promissory notes made under the authority of this By-Law shall be sealed and signed in accordance with the provisions of the Municipal Act and may be countersigned in writing by the Manager, Accounting Services of the Corporation in accordance with the provisions of the said Act. 3. This By-Law shall come into effect on the first day of January 2003. BY-LAW read a first, second and third time and finally passed this 2nd day of December, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk 070 NOTICE OF MOTION DATE: DECEMBER 2, 2002 MOVED BY: COUNCILLOR HOLLAND SECONDED BY: COUNCILLOR BRENNER WHEREAS the deregulation of electrical energy in the Province of Ontario has led to massive increases in rates, customer confusion and general chaos in the generation and distribution of electricity; and WHEREAS electricity is a basic necessity and for all families is an inelastic expense; and WHEREAS the newly imposed cap of 4.3 cents per kilowatt hour is significantly higher than current rates and will represent dramatic increases in cost for electricity for Ontario households over what would have been paid in a regulated market; and WHEREAS by imposing a rate cap in a deregulated environment the private market will have a tremendous disincentive to invest in the generation of new sources of electricity; and WHEREAS the capped but deregulated market combined with shifting and uncertain Provincial energy policies will deter private investment in research and development into new forms of energy; and WHEREAS the State of California, after facing disastrous impacts from deregulating electricity, established a public authority responsible for generating new sources of energy to meet State demand; and WHEREAS Veridian Corporation and its joint venture enterprise, First Source Energy, have been seriously devalued and forced to take on new costs in the wake of the legislative changes introduced by the Providing of Ontario; and WHEREAS Veridian Corporation, the City of Pickering and the Towns of Ajax and Clarington made investment decisions based upon a legislative framework that was radically changed without warning and without consideration to the impact on local electric utility companies and municipalities; and WHEREAS the Provincial Government is applying patchwork solutions to an enormously complex problem it has created through the deregulation of electricity; and WHEREAS despite being desirable, moving immediately back to a regulated energy environment would be nearly impossible; NOW THEREFORE the Council of the Corporation of the City of Pickering urges the Government of Ontario to commit to continued public ownership of Ontario Power Generation and use that public corporation to build new sources of electricity sufficient to meet the demands of the Province; and THAT the Province of Ontario be further urged to commit significant research and development funding toward finding new means of generating clean and renewable electricity for the Province; and THAT the Province of Ontario refund to the taxpayers of Ontario the full difference in cost between a regulated and deregulated market; and THAT this resolution be circulated to Veridian Corporation to determine the financial ramifications of the announced legislative changes as they effect Veridian Corporation and First Source Energy and report back to their shareholders on the new costs and lost value resulting; and THAT Veridian Corporation be urged by the Corporation of the City of Pickering, as a major shareholder, to seeks costs recovering, from the Pprovince of Ontario, for lost value and costs associated with the legislative flipflop; and THAT this motion be further circulated to; All area Mayors, Chairs, MPs and MPPs Ernie Eves, Premier of the Province of Ontario John Baird, Minister of Energy Dalton McGuinty, Leader of the Official Opposition Howard Hampton, Leader of the NDP and NDP Energy Critic Michael Bryant, Liberal Critic for Energy CARRIED: Btaylor:Notices of Motion:Electricity Deregulation MAYOR NOTICE OF MOTION DATE: DECEMBER 2, 2002 MOVED BY: COUNCILLOR HOLLAND SECONDED BY: COUNCILLOR BRENNER WHEREAS an invasive non-indigenous ("exotic") insect, known as the Emerald Ash Borer (EAB), has infested ash trees in Essex County, Ontario and southeast Michigan, resulting in a quarantine on Ash wood in five municipalities in Essex County and six counties in southeast Michigan; and WHEREAS if an effective quarantine is not established before spring, the EAB is likely to spread across the Province of Ontario putting all ash trees in the Province at high risk of destruction; and WHEREAS the ash tree is a very popular tree on public boulevards and every municipality in Ontario will be faced with exorbitant costs if forced to replace diseased trees; and WHEREAS the City of Pickering has more than 4,000 ash trees on public boulevards and the replacement cost of all those trees could well exceed one million dollars; and WHEREAS the Michigan Department of Natural Resources has just reported that Michigan's estimated 700 million ash trees, both native and planted, are at risk, and an up-dated state survey indicates that 49% of 11 million forest ashes and 650,000 landscape ash trees in the quarantined counties bear borer symptoms and are already dead or dying, all of which was reported in The Detroit News and Free Press on Saturday, November 16th, 2002, a copy of which article is attached. Also attached is a copy of a News Release issued by The Greening of Detroit society on November 15th announcing a Media Event in Detroit on November 18th where U.S. Senator Debbie Stabenow is scheduled to call for assistance "to contain the insect and reforest in its wake"; and WHEREAS ash is also an important hardwood species in woodlots and forests and parks throughout Ontario, in community parks and on private residential properties throughout the Province; and WHEREAS the economic costs of removing EAB-infested ash trees from municipal streets throughout the Province will far exceed the cost of ensuring that an effective buffer area or "firebreak" at the leading edge of the infestation is in place by April of 2003 to prevent the infestation from advancing further eastward into Ontario; and WHEREAS the citizens and taxpayers of the City of Pickering, the Greater Toronto Area and the Province of Ontario will suffer many other losses, both economic and environmental, if the EAB infestation is not contained; and WHEREAS many scientists are now warning that the EAB infestation will outdo Dutch elm disease in its devastation in infected jurisdictions; NOW THEREFORE BE IT RESOLVED THAT: The Government of Canada and the Canadian Food Inspection Agency (CFIA) be urgently requested to take steps immediately to establish the outer limit of the EAB infestation in southwestern Ontario with as much precision as can be achieved utilizing whatever scientific means and inspection techniques as may be available for that purpose, bearing in mind that forest entomologists who have studied the EAB report that there may be little or no evidence of tree damage in the first year of infestation and, therefore, a safe margin of error should be provided for in establishing the outer limit of the EAB infestation. The CFIA should act without delay to extend the present quarantine on ash wood to the outer limit of the EAB infestation, as determined by the survey described above, in order to prevent the spread of EAB-infested ash wood to other areas of the Province and beyond, a process of widespread dispersal which may have already begun in areas adjacent to the boundaries of the present quarantine. Plans should be made immediately to create a buffer zone or "firebreak" of sufficient width along the entire outer limit of the infestation area to prevent the EAB insect from advancing beyond the buffer zone in the spring of 2003 when the adult insect emerges from the trunk of an infested tree to repeat the cycle of infestation again. The Federal Government should allocate sufficient manpower and funds to ensure that the buffer zone described above is created, monitored and enforced in time to prevent the further advance of the EAB infestation in spring 2003; and FURTHER THAT the Federal Government be put on notice that if appropriate measures are not taken to effectively quarantine the EAB infestation that the Corporation of the City of Pickering reserves its right to sue for damages caused by inadequate containment; and FURTHER THAT the staff of the Corporation of the City of Pickering estimate the costs involved if all ash trees within the municipality were destroyed and report back on those costs to the earliest possible Finance and Administration Committee; and FURTHER THAT the Association of Municipalities of Ontario and the Federation of Canadian Municipalities but urged to adopt a similar position and advocate on behalf of municipalities potentially affected; and FURTHER THAT municipalities across Ontario be urged to pass similar resolutions to protect their interests in this matter; and FURTHER THAT the Government of the Province of Ontario provide assistance and support to the Federal Government and municipalities in bringing into effect the measures outlined in this resolution; and FURTHER THAT this motion be circulated to; Lyle Vanclief, Minister responsible for the Canadian Food Inspection Agency and the Minster of Agriculture and Agrifood Jean Chretien, Prime Minister of Canada Norm Sterling, Provincial Minister for the Environment Ernie Eves, Premier for the Province of Ontario Dan McTeague, M.P, Pickering-Ajax-Uxbridge Janet Ecker, M.P.P. Pickering-Ajax-Uxbridge All Mayors and Chairs in the Province of Ontario CARRIED: MAYOR Btaylor:Notice of Motion:Ash Trees THE CORPORATION OF THE CITY OF WINDSOR The City of Windsor, with the involvement of its citizens, will deliver effective,, and responsive municipal services, and will mobilize innovative community partnerships DATE: TO: FROM: RE: October 22, 2002 Chief Administrative Officer Commissioner of Parks and Recreation Acting Commissioner of Legal and Human Resources Agreement for Emerald Ash Borer Storage/Disposal Site P&R 02-57 RECOMMENDATION: That the Mayor and City Clerk BE AUTHORIZED to sign an agreement satisfactory in form to the Acting Commissioner of Legal and Human Resources with the Canadian Food Inspection Agency for the use of the municipal property as identified by Council Resolution CR 769/2002. AIM: To obtain Council approval for the Mayor and City Clerk to sign an agreement satisfactory in form to the Acting Commissioner of Legal and Human Resources with the Canadian Food Inspection Agency for the use of the municipal site described in Council Resolution CR 769/2002. BACKGROUND: At the City Council meeting on September 11, 2002, Council adopted the following resolution: "CR 769/2002 That the industrial site at the northeast corner of Cherry Blossom Drive and Weaver Street BE ASSIGNED for the temporary (approximately three years) storage and disposal (chipping) of Ash wood infested with Emerald Ash Borer; and further, that the Federal Government BE REQUESTED by the Corporation of the City of Windsor to fund the Emerald Ash Borer Programme." COMMENTS: The site identified as approved in CR 769/2002 is an ideal site for storage and disposal of Ash and other wood materials. This site is easily accessible and is located in an area that is already infested with Emerald Ash Borer. 2. It is our intent that the following conditions be included in the agreement: a) All costs associated with the site, including development, security and site restoration be covered by the Canadian Food Inspection Agency. 076 b) 2 Funds be provided by the Canadian Food Inspection Agency for the removal, disposal, and replacement of City-owned Ash trees. L. O. W. Burridge, R.P.F. Commissioner Department of Parks and Recreation George Wilkki Acting Commissioner Legal and Human Resources Dennis Perlin Chief Administrative Officer BROESEL:sr 077 THE CiTY OF WINDSOR MISSION STATEMENT: ! "The City of Windsor, with the involvement of its citizens, will deliver effective and responsive municipal services, and will mobilize innovative community partnerships" COUNCIL SERVICES AND CITY CLERK Phone: (519)255-6212 CITY HALL 255-6215 WINDSOR, ONTARIO Fax: (519)255-6868 N9A 6S1 E-mail: clerks~city.windsor, on. ca. NOTICE OF COUNCIL DECISION Windsor City Council adopted the following resolution at its meeting held November 18, 2002: CR928/2002 Whereas, the Emerald Ash Borer is a very recently introduced exotic insect pest from Asia that kills all species of Ash (Fraxinus spp.) trees; and Whereas, the Emerald Ash Borer was discovered in Detroit in May 2002 and in Windsor in July 2002; and Whereas, this invader will likely kill approximately 6,000 to 8,000 street Ash trees along with thousands of private, woodland, and parkland trees; and Whereas, the Canadian Food Inspection Agency has declared that the Emerald Ash Borer is "killing Ash trees in the Windsor area and poses a significant threat to forests and urban areas of Canada"; and Whereas, the Canadian Food Inspection Agency has declared a quarantine on the movement of all Ash wood from Windsor and Essex County; and Whereas, the cost of removing dead trees will run into the millions of dollars. Therefore BE IT RESOLVED that Windsor City Council request that the Provincial and/or Federal Governments provide funding for the removal, disposal, and replacement of all Ash (Fraxinus spp.) species and cultivars within the Corporation of the City of Windsor and the County of Essex (the quarantine area); and That this resolution BE CIRCULATED to all municipalities within Essex County and the Essex Region Conservation Authority for their endorsement. Carried. John Skorobohacz Commissioner of Council Services and City Clerk November 26, 2002 /jr SR/7146 kk C2 Basis Report 8795 O78 COUNCIL SERVICES AND CITY CLERK CITY HALL WINDSOR, ONTARIO N9A 6SI THE CITY OF WINDSOR MISSION STATEMENT: "The City of Windsor, with the involvement of its citizens, will deliver effective and responsive municipal services, and will mobilize innovative community partnerships" E-maih Phone: (519)255-6212 255-6215 Fax: (519)255-6868 clerks~city.windsor, on. ca. NOTICE OF COUNCIL DECISION [ Windsor City Council adopted the following resolution at its meeting held November 18, 2002: CR927/2002 That the Mayor and City Clerk BE AUTHORIZED to sign an agreement satisfactory in form to the Acting Commissioner of Legal and Human Resources with the Canadian Food Inspection Agency for the use of the municipal property as identified by Council Resolution CR769/2002. Carried. John Skorobohacz Commissioner of Council Services and City Clerk November 26, 2002 /jr SR/7146 kk C2 Basis Report 8795 Internal Distribution Commissioner of Parks and Recreation Commissioner of Legal and Human Resources External Distribution MILLION ASH TREES IN MICHIGAN 50 PERCENT. ~EAD' OP( IN 'WORST AREAS 6 COUNTIES UNDER qu~tNE Borer cuts deadly path Asb tree killer to outdo Dutch elm disease in its devastation The ~r~ green lmect on a ram- page throu~ southeast Mi~ h~ now killed half the ash tree~ and is likely to catty/es Dmeh elm dL~eaae ~u tree devastation, ae- ~ to uew forest~ au~y~ Where emerald ash borer fe~atioa is mo~t severe, ~roughty 50 percent of the treee in the infested area ai~ either dead now ol, will be dead very shortly, ~ ~rrln§ or ne.ri; summer,~ said rank Sapio, who speetalhes.in fore~ health for the Michigan parcment of Natural Resources. 'We ~eet that within three to four ~rear$, bzrring ~ny ~ontrol :echnique, the rest of them will be /lead.= :' · Six counties are under a state. !luaranltr~'~o ~co~ ~h wood, trees ~ Firewood from leavt~ the .fes~ed arenas: They a~e~Wayne, Oaklknd, Maeo~b, Washtenaw, vin~st~n and, Mou~e'eotm'~es. Essex. County, Onfario. The D1TR esiimates'that..Mk-biian has 700 raimon a~h trees, Ik~ ~dve and plant..ed, s6 rim tn~estatkm/s i~ jot concern. me,its ate working ~ointly on a plan to manage"the.bore~, which .native to eat~m Asia. ~e" The ~orer a~ak is 'fabe oi m~y eommunit/es in so~ti/east Miehlg~. In the wake of Dutch elm disease, ash trees became, an e~peetally, popular merit. Some parts .of Weste~ Wayne County had entire re~iden- ~ s~reer~ lined with ashes, mar~ -- if not 'all ~ ar~ now dead. .in Mi~aigan, a state ~urvey of 8aO,OOO lanclaeape crees and 11 ~aillion forest, ashes on 2,000 square' miles within the fl/aed m'ea found 49 percen~ o~ :ne t~ees had borer symptoms, .were already dFl~g o~ were, ~d~d. The survey was upcha~d Friday. EsOt- mates to' remove, dispose of and - NOV-i?-~OO~ iT:OB ~RO~READYS£T 80 + T-~?~ P.OO~ ~-8~8 080 FROE,-READY SET GO 081 emend ash lxx"m'infestatkm. Eaoh dot represents one or mcq'e NOV-I?-ZO0~ l?:O? ~ROIvI-R~ADY S~T ~0 082 P'or Mom lnf'ormatiom'Cenlact: 313-237-8~3 For ~mmcdia~¢ gol~ What: Where,. Who: Tree Put Pois~ to Kill Millions of Trees $~nator Dcbble Stabenaw ~ Ho~t ~re&~, ConVince on ~e~ald ~h ] ] :OO~- R~ti~ or.cs 'f~ ¢~ing of~lt P~k ~ ~r .¢Fl~ On~Oa ~ on the L~ks ~t~ Co~ Jah~ Why: Jack KJtk,t~y, i',ivoaja. Mayor; Rodaey Stokers, Dir~tcrr Detroit lost ~ t~ ~d ~ d~ t~ s~ pe~d of Aah tr~s became an extremely rmpu~ street tr~ and land.seaj~ tr~ in neighborhoods and dowatowns after Dutch Elm Disease dgcL, nated the US Aura-ban Rim polxtlation, Tf'the U, mcmld Ash L~rur is not ~oatatn~ our s~eets w~ o~ee aaafn b~ bare. Currently ~he ~Emer~ Ash E~orer is attaeki~ ash t~ ~ Way~, O~u) co~. ~ ~ ~ w~ pmd~ i~ c~mly HELP US 5AVE OUR ASH! EAB ZNVASZON WHEN: WEDNESDAY, NOVEMBER ~3T~0 200Z - 7 P.M HOLY CRO55 ELEM~ARY SCHOOL, LASALLE, ONTAI~O. 2555 Samkeich West P~lemy, LaSalle, ON high ~- TeL (5/.g) 972r6050 (~st af W~l~a~ c~ss~ Outlet t,~il an S~dw~h W~rr THE EMEEN.b ASH'BORER (EAB) ]:S A~~ ~~ 45H ~5 ON gO~ 5~E5 ~ ~E ~DE~ ~RTS ¢O~A~ ~5 ~ESTA~ ~ b~CH E~ D~SE W~H ~ED OUT OUR ~ ~EE5 S~L b~AbE5 A~, WHY A;ffi-I WOoD HA5 BEEN CIUARAN'I'ZNED 7~N ESSEX COUNTY ANb COUN13:E$ ~ MZCHT~AN · HOW YOU CAN REC~ ASH WOOD AND WHAT YOU CAN DO WI'TH YOUR bEAD ASH TO PREVENT THE SPREAD OF TH:ES ]3~ISECT . WHZCH TREES CAN lie SAVED AND WHZCH ARE BEYOI',Ib RF. COVEr~Y · WHAT OPTZON5 EXPERTS ARE CONSZD~ TO RESCUE HEALTHY ASH TREEs ZN ESSEx COUNTY ANb BEYONb · WHY ASH TEEE5 AI~ TJ~ORTANT TO OUR ENV~ONUENT · WHATYOU CAN bO TO HELP PEat i~1flologi~t, Pkat and 5oil $¢ie~1, Michigan 5tcr~ Univer~ity, East Latvia, City Fa~este~, Ci17 of Windsor Professor, bepa~tmen'r af Biological Sciences, ~e~t' Lakes Znstitute for Environmental F .a~ & Nu~er7 5pe~iaJLet, Canadian Food Znspec?ion Agency THT~ EVENT ;ES O1~~ BY ARC (Ash Rescue Coalition) in cooper'~flan With theTO¥¥N OF LASA~.LE0 Recreation ~alxa'tment. ARC is a cJtizmfs group committed fa the survival of orr trees. Far more information. Ask for ARC - TeL (Stg) g48-6650. T-gT~ P.O13/OIT ~-836 085 HELP US SAVE OUR A5H! /~--~ PUBI.I:¢ ZNFm~~ON 'EAB mV~SZON ,... WHEN:. WEDNESDAY, NOVEMBER ~, 200~ - 7 P.M HOLY ¢i~OS$'ELEMENTARy ~. OOL, LASALLE. ONTAI~O. z555 ~dw~ W~ ~, ~, ~ ~H ~ - Tel. ~tg) ~E ~LO XSH ~E~ ~XB) ~ A~AC~ HEAL~ A~H ~5 ON ~L DECADES A~. · WHY ASH WOOD HAS BEEN QUARANTZ'NEb ZN ESSEX COUNTY ANb i'N COUNT:ES ~ * H~YOU ~N ~C~ ASH WOOb ANb ~TYOU CAN DO ~ YOUR bEAD A$H TO , ~ZCH ~5 CAN BE $A~ A~ ~ A~ B~O~ ~O~ ,. ~T ~ON5 ~EET5 A~ C~5~~ TO ~ HEAL~ ASH P~ ~hol~i~. P~ ~d 5oil 5ci~c~, Mi~ mil Roesel, B.~c.F.. R.P~F. ,' Cit~ Forestee, City ef wiml~r ' il- ' ' · ~5 ' . ~ U ~~, ~~.of Blolagi~l Sa~c~, ~'~ Zn~i~t, for E~ironm~tal ~ ..... ~[L~.~ZZ~ 2f~7~ ~A'*u~l~gl~% CVCN~ Z50~A~D BY ARC (~ R~c~ Cali~ awiml ef ~ tee~, Fo~ m?r~ i~e~en, ask fer (.)86 PRO.READY SET i~O + 'l' · "':"':;'"':' :' ' "- .' ','. :"-.' '."::~:~.'?.:--;'""..:,.:-, ::".':"'.~--".. : - J. ~:..e....M.~jste¢~:Agri'.c;~iJu're and.Agri-FoOd;:pursuant to I.:.' Pa.",r.~.g~'phs'.'i,$'(8)(i~),',:(d).~nd (e) of th'C,..Planf Prote~on I ':.:~t'.cf,'ha~ issued .the .Emeiald Ash Borer'In'letted. Places "'~1~." ~.¢aid'. A~ Borer. Thi~.'rece'ntly ir~tr6du~d pest · :'.m'o_""ve~e~t df :.',.fhi~;Emef~iid'.~h Borer and e;ny .... ,~,... ......, ..... . .... ,,.Y ( ., "ci~ntai[g. em,"etS:,t that wi~i~' ~d:to transport regulated · ~S;' lu,mbii~i~ and wb~ With tmrkkttaohed, wood :F~~' (80mm/O. rd¢::~own ~ .ASR), ~ndlfirewood Und-8;r;thi~ Mini~,'.eri~i O"'rder, the. movement'Of regulated ;aitible~s fr~ the ~rlfested .¢lace~ td:bthe~, areas of i,nsPe~tiPn A'_'gen'cy (CRA) Pl'a~nt Protection Inspector, · :FI. ¢;'.g~idted a'~les tl'iat' are:in transit- throuah'~e _n. fe~e.' d..pla .c~.,~s. may.do ~o, 'if they'am transported in '86nt,cJhsm' tli~:a~ SealeCi'Sr'clos'ed,'~nd m6~,e'throu h · tbeinf.~sted p~ce~'.Without Stopping, Please note that artiol~*'mSvi~' betw'e~n Cai~ada'and.the United'States ~'.re:i'i~bJeet'tO:it~e Im'¢rt.requirem~n~ of t. he 'respectiVe 'oountry'.-. ... ' · . · ..... - · · .~r..'.nfO~ .~tion abb. ut Movement Certificates and other .'i~i([~'~'er~t~ 'rela~Si:l to :~i~ Order, ple~e c~li the CFIA