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April 25, 2022
Council Meeting Agenda April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Due to COVID-19, the City of Pickering continues to hold electronic meetings with limited in person participation at this time. Members of the public may observe the meeting proceedings by viewing the livestream. A recording of the meeting will also be available on the City’s website following the meeting. 6:30 pm In Camera Council Page 1.Roll Call 2.Invocation Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. 3.Indigenous Land Acknowledgment Statement Mayor Ryan will read the Indigenous Land Acknowledgment Statement. 4.Disclosure of Interest 5.Adoption of Minutes Council Minutes, March 28, 2022 (Confidential In Camera Council Minutes, March 28, 2022, provided under separate cover) 1 Executive Committee Minutes, April 4, 2022 34 Special Council Minutes, April 4, 2022 (Confidential In Camera Special Council Minutes, April 4, 2022, provided under separate cover) 38 Planning & Development Committee Minutes, April 4, 2022 41 6.Presentations 7.Delegations Due to COVID-19, members of the public may provide a verbal delegation to Members of Council via electronic participation. To register as a delegate, visit www.pickering.ca/delegation, and complete the on-line delegation form or email clerks@pickering.ca. Delegation requests must be received by noon on the last business Council Meeting Agenda April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca day before the scheduled meeting. All delegations for items not listed on the agenda shall register ten (10) days prior to the meeting date. The list of delegates who have registered to speak will be called upon one by one by the Chair and invited to join the meeting via audio connection. A maximum of 10 minutes shall be allotted for each delegation. Please ensure you provide the phone number that you wish to be contacted on. Please be advised that your name and address will appear in the public record and will be posted on the City’s website as part of the meeting minutes. 7.1 Artur Gevorgyan Re: The City’s Obligation to Defend the Decisions of the Committee of Adjustment to the OLT with Legal Counsel 7.2 Artur Gevorgyan Re: Intensification on Kingston Road 7.3 David McKay, MHBC Planning, Urban Design & Landscape Architecture Re: Report PLN 21-22 Two-year Period Exemption Request for Minor Variance Application P/CA 66/22 JMPM Holdings Limited & Stuart Mark Golvin 1635 Bayly Street 8. Correspondence 8.1 Corr. 18-22 55 The Ontario Land Tribunal (OLT) Re: OLT Decision on Wiltshire Eccleston Development Inc. v. Pickering (City) - 1383 Rougemount Drive Recommendation: That Corr. 18-22, from The Ontario Land Tribunal, dated April 5, 2022, regarding the OLT Decision on Wiltshire Eccleston Development Inc. v. Pickering (City) - 1383 Rougemount Drive, be received and referred to Agenda Item 12.1, Abolishment of Committee of Adjustment. 8.2 Corr. 19-22 84 Tracey Atkinson, CAO/Clerk/Planner, The Township of Mulmur Council Meeting Agenda April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Re: More Homes for Everyone Act Recommendation: 1. That Corr. 19-22, from Tracey Atkinson, CAO/Clerk/Planner, The Township of Mulmur, dated April 12, 2022, regarding the More Homes for Everyone Act, be received and endorsed; and, 2. That a copy of this Resolution be forwarded to The Honourable Doug Ford, Premier of Ontario, The Honourable Steve Clark, Minister of Municipal Affairs and Housing, and all Durham MPP’s. 9. Report EC 04-22 of the Executive Committee held on April 4, 2022 Refer to Executive Committee Agenda pages: 9.1 Director, Engineering Services, Report ENG 03-22 1 City Centre Transportation Master Plan Study - Request for Proposal No. RFP2021-7 Recommendation: 1. That Proposal No. RFP2021-7, for Consulting Services for City Centre Transportation Master Plan Study; submitted by Paradigm Transportation Solutions Limited, in the amount of $290,636.00 (HST included) be accepted; 2. That the total gross project cost of $325,512.00 (HST included), including the RFP amount, and a contingency, and the total net project cost of $293,134.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $293,134.00 as follows: a. The sum of $263,820.00 as approved in the 2022 Current Budget to be funded by a transfer from the Development Charges Reserve Fund Studies; b. The sum of $29,314.00 as approved in the 2022 Current Budget to be funded by Property Taxes; and, Council Meeting Agenda April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.2 Director, Engineering Services, Report ENG 07-22 9 Amendments to the Traffic and Parking By-law 6604/05 - Proposed Change to Existing Stopping Restrictions, Amberlea Road and Highview Road Recommendation: 1. That the attached draft by-law be enacted to amend Schedule "1", No Stopping, to By-law 6604/05 to provide for the regulation of stopping restrictions on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering, specifically to modify the hours of the stopping restrictions on Amberlea Road and Highview Road from 8:00 am to 4:00 pm, to 7:30 am to 4:30 pm to capture the existing school hours; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.3 Director, Operations, Report OPS 09-22 15 Garbage Packer with Crane – Replacement Recommendation: 1. That Quotation Q2021-26 for the Supply & Delivery of One New Latest Model Year Side Load Garbage Packer with Crane submitted by NexGen Municipal Inc. in the amount of $236,255.14 (HST excluded) be accepted; 2. That the total gross project cost of $267,646.00 (HST included) and the total net project cost of $241,023.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the total net project cost of $241,023.00, from the Vehicle Replacement reserve fund; 4. That the budget available in project C10305.2107.01 in the amount of $175,000.00 be increased to $241,023.00; and, Council Meeting Agenda April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 5. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. 10. Report PD 04-22 of the Planning & Development Committee held on April 4, 2022 Refer to Planning & Development Agenda pages: 10.1 Director, Corporate Services & City Solicitor, Report LEG 08-22 38 1185497 Ontario Limited – Plan of Subdivision 40M-1912 - Final Assumption of Plan of Subdivision - Lots 1 to 6, Plan 40M-1912 - Acorn Lane/Brock Road Recommendation: 1. That works and services required by the Subdivision Agreement within Plan 40M-1912, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance; 2. That 1185497 Ontario Limited be released from the provisions of the Subdivision Agreement and any amendments thereto relating to Plan 40M-1912; and, 3. That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. 10.2 Director, City Development & CBO, Report PLN 17-22 41 Zoning By-law Amendment Application A 11/21 Universal City Seven Developments Inc. Southwest corner of Sandy Beach Road and future Celebration Drive (Part of Lot 21, Concession 1, Now Part 3 40R-30834) Recommendation: 1. That Zoning By-law Amendment Application A 11/21, submitted by Universal City Seven Developments Inc., to permit a 37-storey residential condominium building with approximately 482 residential Council Meeting Agenda April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca units at the southwest corner of Sandy Beach Road and future Celebration Drive be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 17-22, be finalized and forwarded to Council for enactment; 2. That Zoning By-law Amendment Application A 11/21, to amend City Centre Zoning By-law 7553/17, as amended, to remove the “H6” Holding Symbol on lands being Part of Lot 21, Concession 1, Now Part 3 40R-30834, as set out in Appendix II to Report PLN 17-22, be finalized and forwarded to Council for enactment; 3. That prior to issuing Site Plan Approval, Universal City Seven Developments Inc. shall satisfy the City with a letter from the H6 Landowners’ Group acknowledging that the Owner has either entered into the Universal City Infrastructure Agreement and Cost Sharing Agreement, or the Owner has satisfied all financial obligations under the said Universal City Infrastructure Agreement and Cost Sharing Agreement; and, 4. That Council grants an exemption in accordance with Section 45 (1.4) of the Planning Act, R.S.O. 1990; c. P.13 as amended, and permits the Committee of Adjustment to consider minor variance applications resulting from the processing of future site plan or building permit applications submitted by Universal City Seven Developments Inc., for the lands municipally know as Part of Lot 21, Concession 1, Now Part 3 40R-30834, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands. 10.3 Director, City Development & CBO, Report PLN 18-22 74 Envision Durham – Identifying a Regional Natural Heritage System - The Region of Durham Municipal Comprehensive Review Recommendation: That Council support the draft Regional Natural Heritage System (RNHS) for the new Regional Official Plan and endorse staff’s comments contained in Report PLN 18-22. 10.4 Director, City Development & CBO, Report PLN 19-22 90 Appeals of Council Decisions on Planning Act Applications and Council Meeting Agenda April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Committee of Adjustment Decisions Policy Recommendation: That the Appeals of Council Decisions on Planning Act Applications and Committee of Adjustment Decisions Policy, dated April 25, 2022, be approved as set out in Appendix I to Report PLN 19-22. 10.5 Director, City Development & CBO, Report PLN 20-22 98 Envision Durham – Growth Management Study - Alternative Land Need Scenarios Summary Report Recommendation: 1. That Council endorse the Staff Comments contained in Section 3 of Report PLN 20-22 as the City’s formal comments on the Envision Durham’s Alternative Land Need Scenarios Summary Report, prepared by Watson & Associates Economists Ltd. and Urban Strategies Inc., dated March 2022, except that Council recommend that the Region, in establishing the new urban area land needs, use a modified Community Area Land Need Scenario 2, with an increased intensification rate of 50%; and an adjusted mix of housing densities within Designated Greenfield Areas, such that the Durham Total New Unit Mix results in an increased percentage of medium density units at approximately 40 – 45%; a reduced amount of high density at approximately to 20 - 25%; maintains the number of low density units at approximately 35 – 40%; and maintains the percentage of secondary units at 3%; and, 2. That the appropriate City of Pickering staff be authorized to take the necessary actions as indicated in this report. 11. Reports – New and Unfinished Business 11.1 Director, Corporate Services & City Solicitor, Report BYL 03-22 85 Proposed Reduced Weekday Parking Rate for Nautical Village Recommendation: 1. That Report BYL 03-22, regarding parking rates affecting businesses in the Nautical Village, be received; Council Meeting Agenda April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 2. That Council approve a reduced rate of $2.50 per hour for parking Monday to Friday between the hours of 9:00 am to 5:00 pm in the Nautical Village (consisting of the lay-by parking spaces on Liverpool Road and the Liverpool Road parking lot) from May 1st to October 1st annually; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 11.2 Director, Economic Development & Strategic Projects, Report CAO 05-22 118 High Frequency Rail - Development of a Business Case and Concept Plan for a Pickering Station Recommendation: 1. That Council approve the proposal submitted by WSP to develop a strategic business case and concept plan for a High Frequency Rail (HFR) station stop in Pickering in accordance with Purchasing Policy 10.03 (c); in the amount of $107,734.20 (HST included), and that the net project cost of $97,018.00 (net of HST rebate) be accepted; 2. That Council authorize the Director, Finance & Treasurer to finance the net project cost of$97,018.00 as follows: a. The sum of $48,509.00 to be funded from Property Taxes per the 2022 Current Budget; and, b. The sum of $48,509.00 to be funded by the Regional Municipality of Durham; 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report; and, 4. That the City Clerk forward a copy of Report CAO 05-22 to the Region of Durham’s Office of the CAO and Planning & Economic Development Department. 11.3 Director, Economic Development & Strategic Projects, Report CAO 06-22 132 Consulting Services for Preparation of the Northeast Pickering Council Meeting Agenda April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Community Plan - Award for Proposal No. RFP2021-9 Recommendation: 1. That Proposal submitted by SGL Planning & Design Inc. dated February 22, 2022, to undertake the Northeast Pickering Community Plan, in the amount of $628,577.19 (HST included) be accepted; 2. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $566,053.00 (net of HST rebate) as follows: a) The sum of $164,155.00 to be funded from development charges; b) The sum of $401,898.00 to be funded by the North East Pickering Landowners Group (NEPLG); and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 11.4 Director, Corporate Services & City Solicitor, Report CLK 02-22 252 Amendments to the Procedure By-law - Ongoing Electronic Participation for Committee and Council Meetings and General Housekeeping Matters Recommendation: 1. That Report CLK 02-22, regarding Amendments to the Procedure By-law for Ongoing Electronic Participation for Committee and Council Meetings and General Housekeeping Matters, be received; 2. That the draft By-law, included as Attachment #1 to Report CLK 02-22, be enacted; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicted in this Report. 11.5 Director, Community Services, Report CS 06-22 291 Accessibility Policies Update Council Meeting Agenda April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Recommendation: 1. That Council endorse amendments to HUR 040 - Hiring Policy (Attachment #1) and ADM 090 - Accessibility Policy (Attachment #2), subject to minor revisions acceptable to the Director, Community Services, Director, Human Resources and Chief Administrative Officer; and, 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 11.6 Director, Community Services, Report CS 09-22 312 pflag Community Banners - Esplanade Park Recommendation: 1. That five pflag banners be installed on light standards along The Esplanade North for the month of June 2022; 2. That one pflag banner be installed on the light standard immediately adjacent to the Rainbow crosswalk, on the Esplanade North, and remain in place until such time that a new Community Banner Policy is approved by Council; 3. That City staff be directed to draft a Community Banner Policy and return it for Council’s consideration before the end of 2022; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 11.7 Director, Engineering Services, Report ENG 08-22 318 Kingston Road (at the Whites Road Off-Ramp) & Finch Avenue New Asphalt Sidewalk Construction - Tender No. T2022-3 Recommendation: 1. That Tender No. T2022-3 for Kingston Road (at the Whites Road Off-Ramp) & Finch Avenue New Asphalt Sidewalk Construction as Council Meeting Agenda April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca submitted by Buildscapes Construction Limited in the total tendered amount of $372,145.59 (HST included) be accepted; 2. That the total gross project cost of $459,155.00 (HST included), including the tendered amount, a contingency and other associated costs, and the total net project cost of $413,484.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $413,484.00 as follows: a) the sum of $111,179.00 (net of HST rebate) for capital project C10515.1802.01 Kingston Road New Sidewalk Installation as approved in the 2018 Capital Budget to be funded by a transfer from: i) Development Charges – Roads and Related Reserve Fund in the amount of $55,590.00; ii) Development Charges – City’s Share Reserve in the amount of $55,589.00; b) the sum of $200,000.00 for capital project C10515.2101.01 Finch Avenue New Sidewalk Construction as approved in the 2021 Capital Budget to be funded by a transfer from the Federal Gas Tax Reserve Fund be increased to $302,305.00; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 11.8 Director, Finance & Treasurer, Report FIN 07-22 328 2022 Tax Rates and Final Tax Due Dates Recommendation: 1. That Report FIN 07-22 of the Director, Finance & Treasurer regarding the 2022 tax rates be received; 2. That the 2022 tax rates for the City of Pickering be approved as contained in Schedule “A” of the By-law attached hereto; Council Meeting Agenda April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 3. That the tax levy due dates for the Final Billing be June 28, 2022 and September 28, 2022 excluding the industrial, multi-residential and commercial realty tax classes; 4. That the attached By-law be approved; 5. That the Director, Finance & Treasurer be authorized to make any changes or undertake any actions necessary to comply with Provincial regulations including altering due dates or final tax rates to ensure that the property tax billing process is completed; and, 6. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. 11.9 Director, Corporate Services & City Solicitor, Report LEG 10-22 336 Intergovernmental Partnership to Improve Digital Infrastructure and Address the Digital Divide Recommendation: 1. That the Government of Ontario be requested to: a. Ensure that incremental investments in broadband from other orders of government are made in urban areas and directed to fill gaps in the GTHA; b. Identify Provincially owned fibre assets that can be leveraged to help close the digital divide – such as schools, hospitals and traffic corridors; c. Review existing legislation to include provisions on open access to telecommunications cabling and trenching activities for all developments; 2. That the Government of Canada be requested to: a. Ensure that incremental investments in broadband from other orders of government are made in urban areas and directed to fill gaps in the GTHA; Council Meeting Agenda April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca b. Recognize high-speed internet as an essential service, including a definition for affordability that combines fixed and mobile costs as a percentage of household income; c. Collect and share local level data on assets, internet speeds, and service terminations/collection activities, in cooperation with internet service providers (ISPs); d. Request that the Canadian Radio-communications and Telecommunications Commission examine supports for municipal carriers who wish to promote access to their fibre broadband networks for public and private service providers; 3. That this Report be forwarded to the Federation of Canadian Municipalities, the Association of Municipalities of Ontario, the Premier of Ontario and the Prime Minister; and, 4. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this Report. 11.10 Director, Operations, Report OPS 14-22 406 Chestnut Hill Developments Recreation Complex Generator Replacement Recommendation: 1. That the proposal submitted by Elexicon Group, dated January 22, 2022, in the amount of $1,164,804.00 (HST included) be accepted; 2. That the total gross project cost of $1,469,904.00 (HST included), including the amount of the tender, consulting, contingency, and other associated costs, and the total net project cost of $1,323,694.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the total net project costs of $1,323,694.00 as follows: a) the sum of $1,100,000.00 from previously approved 2019 Capital Budget be increased to $1,200,000, to be financed by the issue of debentures by the Regional Municipality of Durham over a period not to exceed ten years; and, Council Meeting Agenda April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca b) the annual debenture repayment charges in the amount of approximately $140,246.00 to be included in the annual Current Budget for the City of Pickering commencing 2022, or such subsequent year in which the debenture is issued, and continuing thereafter until the debenture financing is repaid; c) the Director, Finance & Treasurer to be authorized to make any changes, adjustments and revisions to amounts, terms, conditions, or to take any actions necessary in order to effect the foregoing; d) the sum of $123,694.00 through a transfer from Property Taxes; 4. That the draft debenture by-law attached to this report be enacted; and, 5. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. 11.11 Director, City Development & CBO, Report PLN 21-22 412 Two-year Period Exemption Request for Minor Variance Application P/CA 66/22 JMPM Holdings Limited & Stuart Mark Golvin 1635 Bayly Street Recommendation: That Council grants an exemption in accordance with Section 45 (1.4) of the Planning Act, R.S.O. 1990, P.13 as amended, and permits the Committee of Adjustment to consider Minor Variance Application P/CA 66/22, submitted by JMPM Holdings Limited & Stuart Mark Golvin, for lands municipally known as 1635 Bayly Street, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands. 11.12 Director, City Development & CBO, Report PLN 22-22 422 Environmental Registry Postings 019-5284 and 019-5285 - Comments on proposed Bill 109, More Homes For Everyone Recommendation: Council Meeting Agenda April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 1. That Council endorse the comments prepared by staff in Report PLN 22-22; and, 2. That Council authorize staff to respond to Environmental Registry of Ontario numbers 019-5284 and 019-5285 with a copy of Report PLN 22-22 and Council’s resolution thereon, and that a copy of Report PLN 22-22 be forwarded to the Minister of Municipal Affairs and Housing, MPP Peter Bethlenfalvy, the Regional Municipality of Durham, and other Durham Area Municipalities. 12. Motions and Notice of Motions 12.1 Abolishment of Committee of Adjustment Moved by Councillor Brenner Seconded by Councillor McLean WHEREAS under the Planning Act a Council may appoint a Committee of Adjustment (C of A) as the approval body for Minor Variances (MV); And Whereas, the approval authority for MV in the City of Pickering is through an appointed C of A; And Whereas, the Committee of Adjustment acts as an independent body to hear all applications for MV and determines if the MVs sought meets the four tests as set out by Section 45(1) of the Planning Act and the Provincial Policy Statement; And Whereas, once an application is filed and accepted, the Planning Department prepares an assessment report for the C of A consideration; And Whereas, when rendering a decision the C of A adheres to the principles of procedural fairness and ensures the Public Interests are factored in; And Whereas, if a decision of the C of A is rendered to refuse a MV the Ontario Planning Act provides an Appeal process through the Ontario Land Tribunal (OLT); Council Meeting Agenda April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca And Whereas, once an Appeal has been filed, the City of Pickering is named as Party to the Hearing; And Whereas, as Party to the Hearing, there is a reasonable expectation that the City of Pickering would appear and give evidence in support of the decision rendered by the C of A regardless of the assessment of its Planning Department; And Whereas, past practices have found that the City of Pickering has declined to appear nor to give evidence in Hearings where a refusal decision was rendered by the C of A; And Whereas, Members of the Community who participated throughout the MV process and influenced the decision rendered by the C of A, while able to request participant status, do not meet the criteria of Ontario Land Tribunal Rules 8.2, enabling Party status that enables the presenting of any expert evidence to counter that of the Applicant/Appellant; And Whereas, the lack of any challenge and presenting of evidence to an appeal of a refusal decision of the C of A can be interpreted as a lack of support and or confidence in the decisions of the C of A resulting in a one sided hearing that is not in the best interest of the Public; Now therefore be it resolved that the Council of The Corporation of the City of Pickering requests: That the Clerk amends the relevant bylaws for the 2022-2026 Term of Council to remove the C of A as the Approval body for MV and replace it with the Council through the Planning and Development Committee as permitted under the Planning Act. 12.2 Reporting of Affordable Housing Moved by Councillor Brenner Seconded by Councillor McLean WHEREAS the City of Pickering Council adopted an Affordable Housing Strategy including an affordability housing function within the Planning and Development Department; Council Meeting Agenda April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca And Whereas, an affordable housing strategy must ensure a range of housing forms consistent with the Provincial Housing Policy, including rentals and ownership; Now therefore be it resolved that the Council of The Corporation of the City of Pickering directs: 1. That the Director, City Development Department through the Office of the CAO, implement a quarterly reporting mechanism for the tracking of Affordable Housing options within the City of Pickering including condominiums, freehold, rentals and ownership; 2. That the Director, City Development Department through the Office of the CAO, develops a list of all existing, approved and or pending private rental apartment buildings; and, 3. That the Director, City Development Department report back at the June 27th Council Meeting. 12.3 Whitevale Naturalized Area Moved by Councillor Pickles Seconded by Councillor Butt WHEREAS the regenerating, former gravel pit lands north of the Hamlet of Whitevale, also known as the Whitevale Marsh, have natural heritage features and functions; And Whereas, there is community interest in preserving the Whitevale pit/marsh as greenspace; And Whereas, these lands are currently owned by the Province of Ontario, and designated Low Density Residential, in the Central Pickering Development Plan; And Whereas, the Province was advertising these lands, known as Block 10, for sale in 2017; And Whereas, Councillor Pickles, under other business on December 4, 2017, requested that staff follow up with the Province respecting the status of the lands; Council Meeting Agenda April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca And Whereas, the lands had not yet been sold in 2021, Mayor Ryan wrote to the Ministry of Infrastructure in April 2021, respectfully requesting the Province review the land use designations of the south part of Block 10, with the intent of restricting residential uses to the northernmost part of this Block, and protecting the regenerating pit/marsh as part of the natural heritage system; And Whereas, the Minister of Government and Consumer Services responded to His Worship Mayor Ryan advising, that although the future use of the land is determined, he would take the Mayor’s recommendation into consideration; And Whereas, through the pandemic, the immense mental and physical value of access to nature and green spaces was brought to light; And Whereas, Block 10 continues to remain under Provincial ownership; Now therefore be it resolved that the Council of The Corporation of the City of Pickering requests the Province reconsider the designation of the southern part of Block 10 to either Hamlet Heritage Open Space System, or Natural Heritage System, and that an additional trail head, with parking, for the Seaton Hiking Trail, be established on these lands. 13. By-laws 13.1 By-law 7923/22 Being a by-law to amend By-law 6604/05 providing for the regulating of traffic and parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. [Refer to Item 4.2 Report ENG 07-22 and page 13 of the Executive Committee Agenda] 13.2 By-law 7924/22 431 Being a By-law to amend Zoning By-law 7553/17, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 21, Concession 1, Now Part 3 40R-30834, in the City of Pickering (A 11/21) [Refer to Item 5.2 Report PLN 17-22 of the Planning & Development Committee Agenda] Council Meeting Agenda April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 13.3 By-law 7925/22 435 Being a By-law to amend Zoning By-law 7553/17, as amended, to remove the holding provision “H6” (A 11/21) [Refer to Item 5.2 Report PLN 17- 22 of the Planning & Development Committee Agenda] 13.4 By-law 7926/22 257 Being a by-law to govern the proceedings of Council, any of its Committees, the conduct of its Members, and the calling of meetings. [Refer to Item 11.4 Report CLK 02-22] 13.5 By-law 7927/22 332 Being a by-law to adopt the estimates of all sums required to be raised by taxation for the year 2022 and to establish the Tax Rates necessary to raise such sums and to establish the final due dates for the residential, pipeline, farm, and managed forest realty tax classes. [Refer to Item 11.8 Report FIN 07-22] 13.6 By-law 7928/22 410 Being a by-law to authorize Chestnut Hill Developments Recreation Complex – Generator Replacement project in the City of Pickering and the issuance of debentures in the amount of $1,200,000.00. [Refer to Item 11.10 Report OPS 14-22] 13.7 By-law 7929/22 438 Being a by-law to appoint Stephen Boyd as Fire Chief of The Corporation of the City of Pickering. 13.8 By-law 7930/22 440 Being a by-law to amend Restricted Area (Zoning) By law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, being Part of Lot 28, Range 3 BFC, now Parts 1 and 2, 40R- 9413, City of Pickering (A 11/19). (Amberlea Creek Development Inc.) 13.9 By-law 7931/22 452 Council Meeting Agenda April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Being a by-law to exempt Blocks 206 to 233, Plan 40M-2710, Pickering from the part lot control provisions of the Planning Act. (Mattamy (Seaton) Limited) 14. Other Business 15. Confirmation By-law 16. Adjournment Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm Present: Mayor David Ryan Councillors: K.Ashe M.Brenner S.Butt C.Doody-Hamilton B.McLean D.Pickles Also Present: M.Carpino -Chief Administrative Officer K.Bentley -Director, City Development & CBO P.Bigioni -Director, Corporate Services & City Solicitor S.Douglas-Murray -Director, Community Services B.Duffield -Director, Operations J.Eddy -Director, Human Resources J.Hagg -Fire Chief J.Flowers -CEO & Director of Public Libraries, Pickering Public Library R.Holborn -Director, Engineering Services F.Jadoon -Director, Economic Development & Strategic Projects S.Karwowski -Director, Finance & Treasurer S.Cassel -City Clerk J.Halsall -Division Head, Finance C.Rose -Chief Planner K.Thompson -Manager, Municipal Law Enforcement Services J.McMullen -Supervisor, Geomatics R.Perera -Deputy Clerk 1.Roll Call The City Clerk certified that all Members of Council were present and participating electronically in accordance with By-law 7771/20. 2.Invocation Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. 3.Indigenous Land Acknowledgment Statement Mayor Ryan read the Indigenous Land Acknowledgment Statement. - 1 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm 4.Disclosure of Interest Councillor Brenner declared a conflict of interest under the Municipal Conflict of Interest Act, with respect to Report FIN 06-22, 2022 Current and Capital Budgets, as it pertains to salaries and wages for Community Services, Programs, and Corporate Services, Animal Services, as he has family members employed in those areas at the City of Pickering. Councillor Brenner did not take part in the discussion or vote on these matters. Councillor McLean declared a conflict of interest under the Municipal Conflict of Interest Act, with respect to Report FIN 06-22, 2022 Current and Capital Budgets, as it pertains to Grants to Organizations, PARA Marine Search & Rescue, as he is the Chair of PARA. Councillor McLean did not take part in the discussion or vote on the matter. Resolution #834/22 Moved by Councillor McLean Seconded by Councillor Ashe That Council move into closed session in accordance with the provisions of Section 239 (2)of the Municipal Act and Procedural By-law 7665/18, in that the matters to be discussed relate to: c)a proposed or pending acquisition or disposition of land by the municipality or local board; f)advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and, k)a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. Carried Council took a brief pause to allow the livestream of the Meeting to be severed. Confidential Verbal Update from the Director, Corporate Services & City Solicitor Re: Proposed Land Acquisition and Related Cost Sharing Matters [Refer to Item 3.2 of the March 28, 2022 In-Camera Session Agenda] This portion of the meeting was closed to the public. Refer to the In Camera meeting minutes and Agenda Items 11.8 and 14 for further information. [City Clerk has custody and control of the In Camera minutes.] Resolution #835/22 - 2 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm Moved by Councillor Pickles Seconded by Councillor McLean That Council rise and resume into the open session of the Regular Meeting of Council. Carried Council took a brief pause to allow the livestream of the Meeting to be resumed The City Clerk certified that all Members of Council were present and participating electronically in accordance with By-law 7771/20. 5.Adoption of Minutes Resolution #836/22 Moved by Councillor Butt Seconded by Councillor Pickles Special Council Minutes, Education & Training, February 28, 2022 Council Minutes, February 28, 2022 Executive Committee Minutes, March 7, 2022 Planning & Development Committee Minutes, March 7, 2022 Special Council Minutes, March 11, 2022 Executive Committee Budget Minutes, March 17, 2022 Carried 6.Presentations There were no presentations. 7.Delegations 7.1 Jake Farr, President, Pflag Durham Region Re: Proposal for Pride Banners on The Esplanade North Jake Farr, President, Pflag Durham Region, joined the electronic meeting via audio connection to discuss a proposal for Pride Banners on The Esplanade North. He referred to a letter circulated to Council prior to the Meeting, dated March 12, 2022, in supplementation of his delegation, and noted that Pflag Durham Region was a non-profit, 100% volunteer organization which focused on providing education, resources, and support to the greater Durham community to encourage diversity, inclusivity, and equity. He added that Pflag was also - 3 - 8. 8.1 8.2 Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm Correspondence Durham’s largest community support for those who identify as 2SLGBTQI by offering resource support to accessing community partner services. Mr. Farr stated that the scope of their work focused on supporting visibility and representation adding that visibility was very important for the pride community. He discussed adverse impacts of lack of representation, adding that positive and healthy affirmation was crucial. Mr. Farr noted that each year in June, pride was celebrated, promoting visible representation of the pride community, and asked that Council approve the display of new pride progress banners along The Esplanade North from June 1st to June 30th each year with one banner remaining in place permanently by the Rainbow crosswalk. He discussed speaking to staff about the City’s existing banner program and how the request would align with the City’s equity, diversion, and inclusion work. He further stated that Pflag would be providing the banners to the City and asked that the City take on the responsibility for installation. Mr. Farr discussed working with other municipalities on the initiative and asked that Council consider the request. A brief question and answer period ensued between Members of Council and Mr. Farr regarding working with City Staff to ensure that the banners being proposed fit the existing brackets for the installation. Corr. 15-22 Tom Mrakas, Mayor, Town of Aurora Re: Dissolve the OLT (Ontario Land Tribunal) Resolution #837/22 Moved by Councillor Brenner Seconded by Councillor McLean That Corr. 15-22, from Tom Mrakas, Mayor, Town of Aurora, dated January 21, 2022, regarding a Motion to Dissolve the OLT (Ontario Land Tribunal), be received, and referred to Agenda Item 12.1, Dissolve the (OLT) Ontario Land Tribunal. Carried Corr. 16-22 The Honourable Omar Alghabra, Minister of Transport Re: Request for Expressions of Interest (RFEOI) regarding the Proposed High Frequency Rail (HFR) Project Resolution #838/22 - 4 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm Moved by Councillor Brenner Seconded by Councillor McLean That Corr. 16-22, from The Honourable Omar Alghabra, Minister of Transport, dated March 9, 2022, regarding the Request for Expressions of Interest (RFEOI) regarding the Proposed High Frequency Rail (HFR) Project, be received, and referred to Agenda Item 11.2, Report CAO 03-22. Carried 8.3 Corr. 17-22 Joanne Vanderheyden, President, The Federation of Canadian Municipalities (FCM) Re: Municipal Leaders United in Support for Ukraine Brief discussion ensued and Staff were requested to include in their correspondence to FCM, the letter that endorsed the Ontario Big City Mayors (OBCM) resolution, pertaining to Supporting Ukraine’s Sovereignty, through Council’s Resolution #812/22, at the February 28, 2022 Council meeting. Resolution #839/22 Moved by Councillor Brenner Seconded by Councillor Butt That Corr. 17-22, from Joanne Vanderheyden, President, The Federation of Canadian Municipalities (FCM), dated March 10, 2022, regarding Municipal Leaders United in Support for Ukraine, be received, and endorsed. Carried 9.Report EC 03-22 of the Executive Committee held on March 7, 2022 9.1 Director, Corporate Services & City Solicitor, Report BYL 01-22 Amendment to Traffic and Parking By-law 6604/05 to Include Provisions for Permit Parking Council Decision: 1.That Report BYL 01-22 regarding amending the Traffic and Parking By-law 6604/05 to Include Provisions for Permit Parking under Section 25 be received; 2.That the attached draft by-law be enacted to replace Section 25 of Traffic and Parking By-law 6604/05 to include provisions for permit parking; and, - 5 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm 3.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.2 Director, Community Services, Report CS 04-22 Community Association Lease Agreement -Pickering Lawn Bowling Club Council Decision: 1.That the Mayor and City Clerk be authorized to execute the Lease Agreement with the Pickering Lawn Bowling Club set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 2.That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 9.3 Director, Engineering Services, Report ENG 06-22 Rotary Frenchman’s Bay West Park -Washroom Building Implementation, Tender No. T2021-37 Council Decision: 1.That Tender No. T2021-37 for the Rotary Frenchman’s Bay West Park Washroom Building Implementation as submitted by Melfer Construction Inc. in the total tendered amount of $1,205,882.89 (HST included) be accepted; 2.That the total gross project cost of $1,421,120.00 (HST included), including the tendered amount, a contingency and other associated costs, and the total net project cost of$1,279,763.00 (net of HST rebate) be approved; 3.That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $1,279,763.00 as follows: a)the sum of $426,472.00 available budget in capital project C10320.1913 as approved in the 2021 Parks Capital Budget to be funded by a transfer from Development Charges – City’s Share Reserve be increased to $639,881.00; b)the sum of $426,472.00 available budget in capital project C10320.1913 as approved in the 2021 Parks Capital Budget to be - 6 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm funded by a transfer from the Development Charges Reserve Fund – Parks & Recreation Services be increased to $639,882.00; and, 4.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.4 Director, Operations, Report OPS 06-22 Winter Control of Proposed Waterfront Trail Boardwalk Council Decision: That Council receive Report OPS 06-22 regarding winter control of the proposed waterfront trail boardwalk for information. 9.5 Director, City Development & CBO, Report PLN 11-22 Pickering Environmental Schools Grant -Results of the 2021 Funding Council Decision: 1.That Report PLN 11-22 of the Director, City Development & CBO, on the results of the Pickering Environmental Schools Grant, be received for information; and, 2.That a copy of Report PLN 11-22 be forwarded to the Durham Catholic District School Board (DCDSB), inclusive of the Trustee for City of Pickering, Director of Education, Superintendent of Business, Finance and Facilities Services, and to the Durham District School Board (DDSB), inclusive of the Trustee for City of Pickering, Director of Education, EcoSchools Facilitator, System Lead and e-learning Administrator, and Administrative Assistant. 9.6 Director, City Development & CBO, Report PLN 12-22 Sustainable Pickering Year-in-Review Council Decision: That Report PLN 12-22 of the Director, City Development & CBO, on the release of the 2021 Sustainable Pickering Year-in-Review, be received for information. 9.7 Director, City Development & CBO, Report PLN 13-22 Community Gardens -Valley Plentiful Community Garden Update and next Steps for New Community Garden Sites - 7 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm Council Decision: 1.That Report PLN 13-22 of the Director, City Development & CBO regarding community food gardens and an update about Valley Plentiful Community Garden be received for information; 2.That, through the Office of the CAO, a multi-departmental staff working group be established to formalize a framework for new community gardens; 3.That staff be directed to return a Community Garden Policy, to establish and manage new community garden sites, in late 2022 for Council’s consideration; and, 4.That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. Resolution #840/22 Moved by Councillor Ashe Seconded by Councillor Butt That Report EC 03-22 of the Executive Committee Meeting held on March 7, 2022 be adopted. Carried 10.Report PD 03-22 of the Planning & Development Committee held on March 7, 2022 10.2 Director, City Development & CBO, Report PLN 16-22 Zoning By-law Amendment Application A 04/19 R.Taghipour 1964 Royal Road Council Decision: That Zoning By-law Amendment Application A 04/19, submitted by R. Taghipour, to facilitate two semi-detached dwellings, be approved, and that the draft Zoning By-law Amendment asset out in Appendix I to Report PLN 16-22 be finalized and forwarded to Council. Resolution #841/22 Moved by Councillor Pickles Seconded by Councillor Ashe - 8 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm That Report PD 03-22, save and except Item 10.1, Report PLN 15-22, of the Planning & Development Committee Meeting held on March 7, 2022 be adopted. Carried 10.1 Director, City Development & CBO, Report PLN 15-22 Official Plan Amendment Application OPA 20-007/P Zoning By-law Amendment Application A 12/20 Draft Plan of Subdivision Application 18T-99011(R20) Centreville Homes (Pickering) Inc. Part of Lots 28 to 30, Plan 350, Now Part 1 40R-31048 (313 Toynevale Road) Kyle Bentley, Director, City Development & CBO, referred to a Memorandum, dated March 23, 2022, which was provided to Council prior to the Meeting in response to questions raised at the March 7, 2022 Planning & Development Committee regarding a fallen tree, mitigating impacts to abutting properties, and the turning radius to enable a school bus to navigate through the cul-de-sac. Mr. Bentley confirmed that in reviewing the matters, that staff were satisfied that these matters had been addressed. Resolution #842/22 Moved by Councillor Pickles Seconded by Councillor Ashe 1.That Official Plan Amendment Application OPA 20-007/P, submitted by Centreville Homes (Pickering) Inc., to increase the maximum net residential density from 17 to 18.5 units per net hectare, for the lands located on the south side of Toynevale Road, west of Lytton Court and east of Winette Road, to facilitate a residential development, be approved, and that the draft by-law to adopt Amendment 44 to the Pickering Official Plan as set out in Appendix I to Report PLN 15-22 be forwarded to Council for enactment; 2.That Draft Plan of Subdivision Application 18T-99011(R20), submitted by Centreville Homes (Pickering) Inc., to establish a residential plan of subdivision, consisting of 13 lots for detached dwellings, 2 blocks for stormwater management, a public road and 1 block for a 0.3 metre reserve as shown on Attachment #4 to Report PLN 15-22 and the implementing conditions of approval, as set out in Appendix II, be endorsed; 3.That Zoning By-law Amendment Application A 12/20, submitted by Centreville Homes (Pickering) Inc., to implement the Draft Plan of - 9 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm Subdivision 18T-99011(R20), on lands being Part of Lots 28 to 30, Plan 350, now Part 1 40R-31048 be approved, and that the draft Zoning By-law Amendment as set out in Appendix III to Report PLN 15-22 be finalized and forwarded to Council for enactment; and, 4.That Amendment 9 to the Rosebank Neighbourhood Development Guidelines – Precinct No. 1, to allow an exception permitting minimum lot frontages of 12 metres and minimum lot depths of 25 metres for single detached dwellings to implement Draft Plan of Subdivision 18T- 99011(R20), be approved as set out in Appendix IV. Carried 11.Reports – New and Unfinished Business 11.1 Director, Corporate Services & City Solicitor, Report BYL 02-22 Waterfront Permit Parking Strategy -Results of Public Consultation Park Crescent/Cliffview Road and Proposed Parking Restrictions, Waterfront Permit Parking Request For Proposal Award, Seasonal and Monthly Permit Fees, Waterfront Area Street Guest Policies and Amendments to Traffic and Parking By-law 6604/05 Schedules 1, 2 and 4 Resolution #843/22 Moved by Councillor Butt Seconded by Councillor Pickles 1.That Report BYL 02-22, regarding Waterfront Permit Parking Strategy, be received; 2.That the revised parking restrictions outlined on Map #1 (Attachment 2) be approved; 3.That the attached by-law (Attachment 3) to amend Schedule 1 (No Stopping), Schedule 2 (No Parking) and Schedule 4 (Permit Parking), of Traffic and Parking By-law 6604/05 regarding provisions for prohibited parking areas and permit parking be adopted; 4.That the seasonal and monthly permit parking rates outlined in this report be approved; 5.That the plan proposed in this report for accommodating guest parking on waterfront streets be adopted; and, - 10 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm 6.That the appropriate officials of the City of Pickering be authorized to take such action as is necessary to give effect to this report. Carried 11.2 Director, Economic Development & Strategic Projects, Report CAO 03-22 High Frequency Rail -Development of a Business Case and Concept Plan A question and answer period ensued between Members of Council and Fiaz Jadoon, Director, Economic Development & Strategic Projects, regarding: •the timelines for when the project would move forward; •ensuring that the project was a priority as there would be competition from the Region of York and City of Markham; •ensuring that Staff undertake a fulsome planning approach similar to what was taken for the Hospital bid, with hopes for a different outcome; •ensuring that staff keep MPP Jennifer O'Connell appraised of the progress; •ensuring that a copy of the forthcoming June Staff Report is provided to the Minister of Transport; •clarification that the proposed rail was being built on mostly federal lands and that the rail being built would be going through Green River to Claremont and North of Claremont; •whether there would be a passenger line component to the rail; •whether links to the City Centre would be considered in the business case; •the acreage of the subject lands for the station being high and whether there would be any other components on the lands; and, •whether the subject lands would include the future proposed airport. Further discussion ensued regarding the importance of timing in developing the business case and concept plan so that Staff were ready to action and move the project forward as soon as possible, as well as the importance of the HFR for the Innovation Corridor. Staff were requested to report back to Council, before the end of June, 2022, regarding all options for the Project, including the pros and cons of such options. Resolution #844/22 Moved by Councillor Brenner Seconded by Councillor McLean 1.That Council receive Report Number CAO 03-22 from the Director, Economic Development & Strategic Projects regarding the development of a business case and concept plan for a High Frequency Rail (HFR) station in Pickering through a Request for Proposal (RFP) process for information; - 11 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm 2.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report; and, 3.That the City Clerk forward a copy of Report Number CAO 03-22 to the Region of Durham’s Office of the CAO and Planning & Economic Development Department. Carried unanimously on a Recorded vote 11.3 Director, Community Services, Report CS 07-22 COVID-19 Testing and Assessment Centre -Fee waiver request for the O’Brien Room at Chestnut Hill Developments Recreation Complex Resolution #845/22 Moved by Councillor Pickles Seconded by Councillor McLean 1.That the O’Brien Rooms and associated support spaces (as outlined in Attachment 1), located at the Chestnut Hill Developments Recreation Complex, be provided at a charge of $500.00 plus HST per month from April 1, 2022 through May 31, 2022 to Shayaa Clinics Inc.(as outlined in Attachment 2) for the operation of a COVID-19 Testing and Assessment Centre on behalf of Lakeridge Health; and, 2.That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. Carried 11.4 Director, Engineering Services, Report ENG 05-22 City of Pickering Frenchman’s Bay Stormwater Management Master Plan -Status Update A question and answer period ensued between Members of Council and staff regarding: •whether staff had caught up on the back log of outstanding council approved stormwater management projects and whether the tenders for the projects would be completed in 2022; •concerns regarding delays in the projects leading to the risk of increased construction costs; •whether the tender for Breezy Drive and Krosno Creek could be done in June with construction starting in September or October; - 12 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm •whether the intention was to complete all three Krosno Creek culverts in 2022 and the sequence of construction for the three culverts; and, •concern regarding beaver activity near Pinecreek and whether the restoration work would be impacted by this. Staff were requested to provide an update to Council, no later than July, 2022, for the outstanding stormwater management projects, up to and including Breezy Drive, that have been previously approved and included in the budget. Resolution #846/22 Moved by Councillor Brenner Seconded by Councillor Ashe 1.That Report ENG 05-22 from the Director, Engineering Services regarding a status update of the City of Pickering Frenchman’s Bay Stormwater Management Master Plan be received for information; and, 2.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 11.5 Director, Finance & Treasurer, Report FIN 04-22 Statement of the Treasurer Respecting 2021 Remuneration and Expenses of Members of Council and Council Appointees to Boards, Agencies and Committees Resolution #847/22 Moved by Councillor Doody-Hamilton Seconded by Councillor Pickles It is recommended that Report FIN 04-22 of the Director, Finance & Treasurer regarding the Statement of the Treasurer respecting Remuneration and Expenses of Members of Council and Council Appointees for the year 2021 be received for information. Carried 11.6 Director, Finance & Treasurer, Report FIN 05-22 2022 Current Budget and Financial Statements Excluded Expenses Reporting as Required by Ontario Regulation 284/09 Resolution #848/22 - 13 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm Moved by Councillor Pickles Seconded by Councillor Butt That Report FIN 05-22 of the Director, Finance & Treasurer regarding the exclusion of certain expenses from the 2022 Budget be adopted in accordance with the provisions of Ontario Regulation 284/09 of the Municipal Act, 2001. Carried 11.7 Director, Finance & Treasurer, Report FIN 06-22 2022 Current & Capital Budget Discussion and a question and answer period ensued between Members of Council and Stan Karwowski, Director, Finance & Treasurer, regarding: •Pickering having the lowest tax rate in the Durham Region and the lowest tax increase amongst the lakeshore municipalities; •road improvements, improvements to parks, and other service improvements and investments being included in the Budget; and, •whether staff had looked into the request regarding the Claremont Park Master Plan presented by a delegate at the March 17, 2022 Executive Committee Budget Meeting. Resolution #849/22 Moved by Councillor Butt Seconded by Councillor Pickles 1.That Report FIN 06-22 of the Director, Finance & Treasurer be approved; 2.That the following budget recommendations be approved; a)That the 2022 Current Budget expenditure for personnel costs, consisting of salaries and wages (Account 1100), overtime (Account 1200) and employer contributions (Account 1400), excluding Cost Centres 2712 and 2293, in the total amount of $65,578,990 be approved; i)That the 2022 Current Budget for Cost Centre 2712 (Programs) expenditure for personnel costs, consisting of salaries and wages (Account 1100), overtime (Account 1200) and employer contributions (Account 1400) in the total amount of $1,827,449 be approved; and, - 14 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm ii)That the 2022 Current Budget for Cost Centre 2293 (Animal Services) expenditure for personnel costs, consisting of salaries and wages (Account 1100), overtime (Account 1200) and employer contributions (Account 1400) in the total amount of $539,202 be approved; b)That the 2022 General Government Budget for grant expenditures, excluding the Community Grant to PARA Marine Search & Rescue, in the total amount of $252,983 be approved; c)That the 2022 Community Grant to PARA Marine Search & Rescue in the total amount of $6,000 be approved; d)That the 2022 Gross Current Budget expenditures for City purposes in the amount of $61,152,284 (excluding personnel costs and grant expenditures) less estimated current revenues of $61,094,056 (City revenues of $50,443,456 plus $8,250,000 for estimated casino gaming revenue, $1,900,600 for assessment growth plus supplementary taxes of $500,000), less COVID-19 Recovery Funding of $1,598,618 and net transfer from the Rate Stabilization Reserve of $1,500,000 for City operations be approved; e)That the $8,250,000 in estimated casino gaming revenues be transferred to the established Casino Reserve (7067); f)That the Capital from Current expenditure in the amount of $639,000 funded from property taxes be approved; and, g)That the total final City levy under paragraphs 2. a), b), c), d) and e) above, plus the hiring of four additional firefighters ($130,000) for the Seaton fire station that results in a total final levy of $74,183,234 being an increase of approximately 1.79 percent over the 2021 Budget, be approved; 3.That the 2022 Capital Budget for the City of Pickering with a Gross Expenditure of $46,584,454 be adopted as presented: a)That the following capital financing sources be approved as presented in the 2022 Capital Budget: Transfer from Current Fund to Capital Fund $639,000 Transfers from Reserves: - 15 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm -City Share Dev. Charges (7022)7,983,262 -Rate Stabilization Reserve (7021)3,888,322 -Vehicle Replacement (7040) -Major Equipment Reserve (7062) 1,536,000 687,000 -Capital Replacement (7001)331,000 -Tennis Court Reserve (7061)135,000 -Rec. Complex Arena Surcharge (7036)114,000 -Public Art Reserve (7068)95,000 -Fence Reserve (7057)180,000 -Dunbarton Pool Surcharge (7032)20,000 Transfers from Reserve Funds: -Development Charges (7601 – 7630)12,815,328 -Federal Gas Tax (7505)4,460,995 -Parkland (7502)1,857,942 -Animal Shelter (7706)1,200,000 -Stormwater Management (7710)1,170,000 -Third Party Contribution (7501)397,500 -Roads & Bridges (7709)106,110 -Seaton Land Group FIA (7713)46,100 Debt – 5 yr 371,000 Debt – 15 yr 1,200,000 DC Debt – 15 yr 6,004,000 Donations 27,500 Federal Grant – TBD 560,000 Canada Community Revitalization Fund Grant 90,500 Museums Assistance Program Grant 10,000 Ontario Trillium Foundation Grant 386,000 Transit & Infrastructure Grant 93,890 Inclusive Communities 2022 – 2023 Grant 60,000 Provincial Streamline Development Approval Grant 48,000 Provincial Grant – TBD 40,000 Provincial Budget Grant 31,005 Total $46,584,454 b)That total external debt financed by property taxes and development charges of $7,575,000 for the projects identified in the 2022 Capital Budget, and as indicated in this report, in the amount of $371,000 for a period not to exceed 5 years and $7,204,000 for a period not to exceed 15 years be approved; - 16 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm c)That projects identified in the 2022 Capital Budget as being financed through the issuance of debt be subject to additional, specific approval of the expenditure and the financing by Council; d)That Council authorize the creation of the Balloon Payment Reserve; e)That any debt repayment, interest or financing provisions contained in the annual Current Operating Budget not used in the current year’s payments requirements may, at the discretion of the Director, Finance & Treasurer, be used to apply towards additional principal repayment, outstanding loans, debt charges or to reduce debt or internal loans not issued or transfer funds to the balloon payment reserve; f)That all Capital expenditures or portions thereof approved in the 2022 Capital Budget to be financed through the issuance of debt may, at the discretion of the Director, Finance & Treasurer, be financed through internal loans, current or capital funds or a combination thereof; g)That the Director, Finance & Treasurer be authorized to make draws from Reserve and Reserve Funds for projects included in the approved Capital Budget up to the amount approved; and, h)That the Director, Finance & Treasurer be authorized at his discretion to apply any excess funds obtained through the issuance of debentures as provided for under Section 413 of the Municipal Act, 2001 as amended; 4.That the Director, Finance & Treasurer be authorized to transfer: a)Any surplus current operating funds at year-end in excess of approximately $125,000 be allocated in the following manner: the first $70,000 be allocated to the Elected Officials Life Insurance Reserve and the remaining surplus be allocated in the following ratio: 25 percent to the Rate Stabilization Reserve (7021); 20 percent to the Facilities Reserve (7055); 5 percent to the Artwork Reserve (7066) and 50 percent to the City Share DC Projects Reserve (7022); b)Any surplus funds from the Emergency Operational Capital Needs Account (2901.0000.0000) to the Facilities Reserve; and, c)The revenue from the sale of used vehicles recorded in account (1593.0001.0000) to the Vehicle Replacement Reserve (7040); - 17 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm 5.That the Director, Finance & Treasurer be authorized to make any changes or undertake any actions necessary including: adjusting the budget plan to meet provincial COVID-19 reporting requirements while maintaining the approved levy; to accommodate any labour relations settlements including adjusting the Personnel related accounts and that any revenue shortfall as a result of a Provincial tax policy change be adjusted through the 2022 final tax rates; 6.That the Director, Finance & Treasurer be authorized to use any under expenditures from projects funded from Reserves or Reserve Funds to fund over expenditures for approved projects funded from the same source(s) and any unfinanced capital be funded from a transfer from reserves or reserve funds; 7.That the Director, Finance & Treasurer be authorized at his discretion to fund Property Tax Write-offs account (2134.0000.000) that exceed the budget provision due to assessment appeals that translates into a deficit position for the corporation and this shortfall be funded from a transfer from the Assessment Appeal Reserve (7011) and if this reserve is depleted then the shortfall be funded from the Rate Stabilization Reserve (7021) and that any shortfall from Payment-in-Lieu Education Share revenue estimates be funded from a transfer from the Rate Stabilization Reserve (7021); 8.That the Director, Finance & Treasurer be authorized to revise the funding ratio’s for development charge funded projects where applicable to reflect Council’s adoption of the 2022 Development Charges Background Study and Community Benefits Charge Study and where applicable and/or where financial beneficial to the City, the Treasurer be authorized to change the DC funding of capital projects for CBC funding that results in the City funding share being decreased; 9.That the Director, Finance & Treasurer be authorized at his discretion to close any current and completed prior year’s capital expenditure accounts and to first apply any excess funding from property taxes to any over expenditure in other accounts and to secondly transfer any remaining excess funding back to the original sources of funds; 10.That the Director, Finance & Treasurer be authorized to adjust the per kilometer travel expense reimbursement rate (last increased in 2020) with an effective date of April 4, 2022, from 0.59 cents per kilometre to 0.61 cents per kilometre for the first 5,000 kilometres and from 0.53 cents per kilometre to 0.55 cents per kilometre for travel beyond 5,000 kilometres; 11. That Council approve in accordance with the City's Purchasing - 18 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm Policy Section 09, that the City Clerk be authorized to sole source services from Datafix (Comprint Systems Incorporated), the City’s Voters’ List management provider, in the amount of $20,300 (net HST), and Vernon Technology Solutions for hardware and technology requirements in the amount of $18,000 (net HST) for the 2022 Municipal Election; 12.That the Director, Finance & Treasurer be authorized to apply for all grant applications based on the 2022 Capital & Current Budget and prior year’s capital projects that have not started and that Council endorse all future applications that meet senior government grant criteria and that staff report back to Council at the next possible meeting regarding which grants staff have applied to; 13.That the Director, Finance & Treasurer be authorized at his discretion to close any capital or consulting account expenditure and corresponding revenue source that is over three years from the original purchase order date of issuance; 14.That the Director, Finance & Treasurer be authorized at his discretion to refinance any capital expenditures that failed to meet the Federal Gas Tax reporting criteria from other sources including transfers of funds from reserves and reserve funds; 15.That the Director, Finance & Treasurer be authorized to: a)Undertake transactions in the spot or forward (12 months or less) currency markets in order to effect United States dollar denominated expenditures in the Current or Capital Budgets; b)Sign leases or rental agreements (including summer rentals) on the City’s behalf for the provision of vehicles or equipment required for temporary use during periods of equipment breakdown or repair or during periods of increased need (e.g. inclement weather); c)Restate the 2022 Current Operating, User Fees and Capital Budgets to reflect: (i) any Council changes made at the March 28 Council meeting; (ii) any reorganization or personnel account changes (salary, benefits and overtime), (iii) reclassifications that result from salary increases or negotiated labour settlements; and, d)To process budget transfers during the fiscal year which do not change the overall approved property tax levy; - 19 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm 16.That Council waive the Purchasing Policy where the estimated vehicle repair cost is below $30,000 (HST excluded) for all fleet vehicles and off road vehicle equipment in 2022; 17.That the Director, Finance & Treasurer be authorized to implement a Property Tax Deferral Program for the residential property tax class based on the following principles: a)Property taxes had to be in good standing on or before January 30, 2022; b)Residential property owners that pay their property taxes through their mortgage payments are not eligible for this program; c)Property tax payments are deferred for the three remaining installments (April, June and September or as adjusted by Council) with the interest free period ending on October 28, 2022; and, d)To be eligible for the property tax deferral program, the applicant has to demonstrate financial hardship due to the pandemic either through loss of pay/employment or substantial reduction in hours and earnings through supporting documentation; 18.That Council approve in accordance with the City's Purchasing Policy sections 09.01 and 09.03 d), whereby the extension or reinstatement of an existing contract would prove most cost effective or beneficial and that Neptune Security Services Inc. (Neptune) be retained to provide concrete sidewalk and curb repair services as a continuation of services provided in 2021 under Tender T2021-3, in order to complete outstanding work and the value of the work not to exceed $40,000 (Net HST); 19.That the Director, Finance & Treasurer be authorized at his discretion to draw from the Winter Control Reserve to fund any Current Budget deficit as a result of higher than budget winter control costs; 20.That Council approve the continuing engagement of the firm of Watson & Associates Economists Ltd. to be used for the Five Year Capital & Operating Financial Plan; for the engagement of the Development Charge Background Study and new Community Benefit Charge Study, issues related to the City, Seaton and/or Duffin Heights and any other DC related matters; 21.That Council approve the continuing engagement of the following firms: Nixon Poole Lackie LLP, Municipal Tax Advisor Group and Municipal Tax Equity Consultants for any studies related to the reassessment or other - 20 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm property tax issues and to protect the property tax base by defending assessment appeals through proactive assessment base management; 22.That Council approve the award of professional services in accordance with the City's Purchasing Policy Item 10.03 (c) to Public Sector Digest Inc. for the development and delivery of an Asset Management Strategy as required by Ontario Regulation 588 (2021) in the amount of a maximum of $63,000 (net HST); 23.That Council approve additional funds in the amount of $50,000 plus HST, to be funded by a transfer from the Parkland Reserve Fund, to be added to project C10305.2109 Walkway Reconstruction Design & Approvals, for the walkway between Elvira Court and Bruce Handscomb Memorial Park, and that an adjustment to Purchase Order 701009 issued to TRCA for the required amount to complete the required studies, detailed design, and permitting review and approval be approved; 24.That the Director, Finance & Treasurer be authorized to review the City’s Reserve and Reserve Funds from the perspective of maximizing financial efficiency and flexibility related to the next term as it pertains to the funding of capital projects and that the Director be authorized to transfer funds, close reserves and or rename reserves; 25.That Council approve the annual transfer of funds from the WSIB Reserve when its year-end balance is greater than $4.0 million, and that these excess funds be transferred to the WSIB Excess Indemnity Reserve Fund; 26.That the Director, Finance & Treasurer be authorized to initiate any additional assessment appeals necessary to protect the assessment base of the City; 27.That the Director, Finance & Treasurer be authorized at his discretion to transfer any green energy rebates and revenue associated with the Claremont solar roof rental project account (1530.2501.0000) and other incentives and rebates account (2501.9993.0000) to the Reserve for Sustainable Initiatives; 28.That Council amend the Community Grant policy as follows: a)That the grant application deadline date for the 2023 Community Grant Program be October 28, 2022 to give community groups sufficient time to complete their applications; - 21 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm 29.That any unused funds in excess of $1,000 for accessibility capital projects (6183) be transferred to the Reserve for Accessibility Initiatives (7053); 30.That Council approve an additional $50,000 for mechanical harvesting of Eurasian Water-Milfoil weeds in Frenchman’s Bay to the 2022 Current Budget to be funded from the Rate Stabilization Reserve (7021); 31.That any unspent 2022 Ontario Land Tribunal (OLT) funds budgeted under General Government consulting account (2126.2392) be transferred to the Tennis Court Reserve (7061); 32.That Council approve the 2022 Low Income Seniors & Persons with Disabilities grant amount to be increased from $450 to $525 per household; 33.That Council approve, beginning in 2023, that future increases for the Low Income Seniors & Persons with Disabilities Grant be increased by the prior year’s budget levy increase and rounded up to the nearest five dollar increment; 34.That Council pass the attached General Municipal Fees and Charges By- law and incorporate the user fee schedule into the 2022 Current Budget: a)That Council approve revising “Schedule B – Fees Payable for Building Permits” of the Building By-law with the Building Permit fees listed in the 2022 User Fee Schedule; 35.That Council approve the change in funding for the Whitevale Master Drainage Plan Implementation – Construction capital project (C10570.1807) as follows: Funding Source Account Number Original Approved Amount ($) Revised Amount ($) Rate Stabilization 7021 2,119,643 173,904 Reserve Fund –OCIF Grant 7711 880,357 2,826,096 36.That Council approve the cancellation of the following previously approved Capital projects: a)DPW Park – Overflow Parking Lot Construction (C10320.2005) - $450,000; - 22 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm b)Pickering Municipal Broadband (C10405.2106) -$200,000; and, c)Digital Conversion of Analog Cameras (Phase 2) (C10405.2105) - $47,000 37.That Council approve $100,000 for a Facilities Renewal Plan to be added to the 2022 Current Budget, of which $39,140 is to be funded from the DC Studies Reserve Fund (7601) and $60,860 is to be funded from City Share DC Reserve (7022); 38.That Council approve an additional $10,000 for the rover pothole detection pilot project to the 2022 Current Budget to be funded from the Rate Stabilization Reserve (7021); and, 39.That the appropriate City of Pickering officials be authorized take the necessary actions as indicated in this report. Carried Later in the Meeting (See Following Motions) Resolution #850/22 Moved by Councillor Pickles Seconded by Councillor Doody-Hamilton That Items 2 a) i), 2 a) ii) and 2 c) of the main motion be divided in order that they may be voted on separately. Carried Item 2 a) i) now being before Council: Having previously declared a conflict of interest, Councillor Brenner did not vote on the following item. Resolution #851/22 Moved by Councillor McLean Seconded by Councillor Doody-Hamilton That the 2022 Current Budget for Cost Centre 2712 (Programs) expenditure for personnel costs, consisting of salaries and wages (Account 1100), overtime (Account 1200) and employer contributions (Account 1400) in the total amount of $1,827,449 be approved; - 23 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm Carried Unanimously on a Recorded Vote Item 2 a) ii) now being before Council: Having previously declared a conflict of interest, Councillor Brenner did not vote on the following item. Resolution #852/22 Moved by Councillor Butt Seconded by Councillor McLean That the 2022 Current Budget for Cost Centre 2293 (Animal Services) expenditure for personnel costs, consisting of salaries and wages (Account 1100), overtime (Account 1200) and employer contributions (Account 1400) in the total amount of $539,202 be approved; Carried Unanimously on a Recorded Vote Item 2 c) now being before Council: Having previously declared a conflict of interest, Councillor McLean did not vote on the following item. Resolution #853/22 Moved by Councillor Brenner Seconded by Councillor Butt That the 2022 Community Grant to PARA Marine Search & Rescue in the total amount of $6,000 be approved; Carried Unanimously on a Recorded Vote The remaining items of the main motion were then Carried Unanimously on a Recorded Vote. 11.8 Director, Corporate Services & City Solicitor, Report LEG 09-22 Purchase of Land for the Construction of 401 Overpass -The Corporation of the City of Pickering Purchase from Metropia (Notion Road) Development Inc. -1865 Pickering Parkway - 24 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm Marisa Carpino, Chief Administrative Officer, stated that the recommendations noted in Report LEG 09-22 relate to the proposed purchase of the Metropia property and does not approve the design or the construction of the overpass. Resolution #854/22 Moved by Councillor Ashe Seconded by Councillor Pickles 1.That Council approve the acquisition of Part of Lot 17, Concession 1, Pickering, being Part 1, Plan 40R29897 subject to an easement in favour of Lots 17 & 18, Concession 1,Pickering, as in DR1619827 City of Pickering, municipally known as 1865 Pickering Parkway, Pickering, Ontario; 2.That the Chief Administrative Officer be authorized to execute the Agreement of Purchase and Sale between The Corporation of the City of Pickering, as purchaser, and Metropia (Notion Road) Development Inc., as vendor, set out in Attachment No. 1,subject to such minor revisions as are satisfactory to the Chief Administrative Officer and the Director, Corporate Services & City Solicitor; 3.That the Director, Corporate Services & City Solicitor be authorized to waive any conditions contained within the said Agreement of Purchase and Sale, and to execute on the City’s behalf any documents, instruments, transfers and agreements as may be necessary to complete the transaction; 4.That Council authorize the purchase in the amount of $10,934,876.00 (net of HST), and that the Director, Finance & Treasurer be authorized to fund the total net purchase cost as follows: a)the sum of $4,373,950.00 to be financed by the issue of a debenture by The Regional Municipality of Durham over a period not to exceed 20 years; b)the annual debenture repayment charges in the amount of approximately$293,998.00 to be included in the annual Current Budget for the City of Pickering commencing 2022, or such subsequent year in which the debenture is issued, and continuing thereafter until the debenture financing is repaid; c)the Director, Finance & Treasurer to be authorized to make any changes, adjustments and revisions to amounts, terms, conditions, or to take any actions necessary in order to effect the foregoing; and, - 25 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm d)The remaining sum of $4,976,232.00 to be funded from the Development Charges Reserve Fund -Transportation; e)The sum of $1,584,694.00 to be funded by a 1-year internal loan; 5.That the draft debenture by-law attached to this report be enacted; and, 6.That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Carried on a Recorded Vote as Follows: Yes No Councillor Ashe Councillor McLean Councillor Brenner Councillor Butt Councillor Doody-Hamilton Councillor Pickles Mayor Ryan 12.Motions and Notice of Motions 12.1 Dissolve the (OLT) Ontario Land Tribunal Discussion ensued between Members of Council regarding: •OLT hearings being costly to municipalities and communities; •the OLT being chaired by individuals that are politically appointed and their mindset being to be appointed or reappointed which could result in flawed decision making; •the motion being supported by other Municipalities and the Ontario Big City Mayors; •OLT providing the right of appeal to residents, community groups, and applicants; •OLT being a mechanism to counter NIMBYism; •a recent report on Housing and Affordability discussing the need for significant changes to the OLT such as requirements for faster decision making, delivering oral decisions on the day of the hearing, streamlining the process, and costs for vexatious claims; •the OLT favouring developers and not the community and the need to provide municipalities with more authority; •concerns regarding some of the recommendations presented in the Housing and Affordability Report regarding the OLT and the planning process; - 26 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm •reforms needed for the OLT and the need for municipalities to comment on the reformation; •the OLT providing a mechanism to be cautious when conducting land use changes as certain changes could result in irreparable damages to the environment; and, •the degree of the involvement from the Province being burdensome and not productive. Resolution #855/22 Moved by Councillor Brenner Seconded by Councillor Mclean WHEREAS, Municipalities across this province collectively spend millions of dollars of taxpayer money and municipal resources developing Official Plans that meet current Provincial Planning Policy; And Whereas, an Official Plan is developed through months of public consultation to ensure, “that future planning and development will meet the specific needs of (our) community”; And Whereas, our Official Plan includes zoning provisions that encourage development of the “missing middle” or “gentle density” to meet the need for attainable housing in our community; And Whereas, our Official Plan is ultimately approved by the province; And Whereas, it is within the legislative purview of Municipal Council to approve Official Plan amendments or Zoning By-law changes that better the community or fit within the vision of the City of Pickering Official Plan; And Whereas, it is also within the legislative purview of Municipal Council to deny Official Plan amendments or Zoning By-law changes that do not better the community or do not fit within the vision of the City of Pickering Official Plan; And Whereas, municipal planning decisions may be appealed to the Ontario Land Tribunal (OLT; formerly the Ontario Municipal Board or “OMB”), an unelected, appointed body that is not accountable to the residents of the City of Pickering; And Whereas, the OLT has the authority to make a final decision on planning matters based on a “best planning outcome” and not whether the proposed development is in compliance with municipal Official Plans and Provincial Planning Policy; - 27 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm And Whereas, all decisions—save planning decisions—made by Municipal Council are only subject to appeal by judicial review and such appeals are limited to questions of law and or process; And Whereas, Ontario is the only province in Canada that empowers a separate adjudicative tribunal to review and overrule local decisions applying provincially approved plans; And Whereas, towns and cities across this Province are repeatedly forced to spend millions of dollars defending Official Plans that have already been approved by the province in expensive, time consuming and ultimately futile OLT hearings; And Whereas, lengthy, costly OLT hearings act as a barrier to the development of attainable housing; Now therefore be it resolved that the Council of The Corporation of the City of Pickering requests: 1.That the Government of Ontario dissolve the OLT immediately thereby eliminating one of the most significant sources of red tape delaying the development of more attainable housing in Ontario; 2.That a copy of this Motion be sent to the Honourable Doug Ford, Premier of Ontario, the Minister of Municipal Affairs and Housing, the Leader of the Opposition, the Leaders of the Liberal and Green Party, all MPPs in the Province of Ontario; the Large Urban Mayors’ Caucus of Ontario, the Small Urban GTHA Mayors and Regional Chairs of Ontario; and, 3.That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration. Motion Lost on a Recorded Vote as Follows: Yes No Councillor Brenner Councillor Ashe Councillor McLean Councillor Butt Councillor Doody-Hamilton Councillor Pickles Mayor Ryan 12.2 Street Naming Policy Amendment Discussion ensued between Members of Council regarding: - 28 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm •the objective of the motion being to address hurdles in the naming of streets and to provide better mechanisms to assign Veterans’ names to streets; •the costs associated with naming a street and the motion waiving the application fees when names are submitted by the Royal Canadian Legion to alleviate costs for families of veterans; •priority for the assignment of Veterans’ names to streets; •the motion also providing ways to improve the coordination of assigning Veterans’ names to streets with the City’s signage by-law; •staff reporting back to Council regarding amendments to the Street Naming Policy to streamline the process; and, •the Royal Canadian Legion having already prepared ten names for street naming purposes for Council consideration. Resolution #856/22 Moved by Councillor Pickles Seconded by Councillor Ashe WHEREAS, in 2005, Council passed a resolution expanding the criteria under which a proper name can be used as a street name, including the selection of Veterans’ names for streets in Pickering; And Whereas, in 2020, the City of Pickering approved the Street Naming Policy, ADM 220, to implement a comprehensive policy on street naming including: criteria for selecting street names; consolidating previous Council Resolutions on the use of personal names; process and cost recovery and responsibilities for adding a street name to the Reserve List; and assigning a street name; And Whereas, section 02.01 g) of Street Naming Policy ADM 220 stipulates, amongst other things, that proper names will only be approved for use by the City if: i)the names are those of the War Dead who were residents of Pickering at the time they served; ii)the names are those of War Veterans who were, or became and remained, residents of Pickering after their service; And Whereas, the Street Naming Policy does not contain any provisions giving priority to the selection and assignment of Veterans’ names to new streets; And Whereas, the City has standards for Decorative Street Signs; - 29 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm And Whereas, the City’s Fees and Charges By-law addresses the application fees required to submit names for approval and reservation on the City’s street name list; Now therefore be it resolved that the Council of The Corporation of the City of Pickering directs the City Development Department to: 1.Initiate amendments to the Street Naming Policy, giving veterans’ names first priority in the selection or assignment of names to the streets; 2.Initiate amendments to the Street Naming Policy, waiving the application fees when names are submitted by the Royal Canadian Legion once per year; 3.Initiate amendments to the Street Naming Policy, including a reference to Engineering Services Department Standards P-809, regarding the use of the poppy symbol and the Fire Services symbol; and, 4.Report back to Council before the Summer 2022 recess. Carried Unanimously on a Recorded Vote 13.By-laws 13.1 By-law 7914/22 Being a by-law to amend By-law 6604/05 providing for the regulating of traffic and parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. 13.2 By-law 7915/22 Being a By-law to adopt Amendment 44 to the Official Plan for the City of Pickering (OPA 20-007/P). 13.3 By-law 7916/22 Being a by-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, being Part of Lots 28 to 30, Plan 350, Now Part 1 40R-31048, City of Pickering (A 12/20). 13.4 By-law 7917/22 - 30 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm Being a by-law to amend By-law 6604/05 providing for the regulating of traffic and parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. 13.5 By-law 7918/22 Being a by-law to amend By-law No. 6191/03 to confirm General Municipal Fees. 13.6 By-law 7919/22 Being a by-law to authorize the Purchase of Land for the Construction of 401 Overpass in the City of Pickering and the issuance of debenture in the amount of $4,373,950.00. Resolution #857/22 Moved by Councillor Butt Seconded by Councillor Pickles That By-law Numbers 7914/22 through 7920/22, save and except By-law 7920/22, be approved. Carried 13.7 By-law 7920/22 A question and answer period ensued between Members of Council and Kyle Bentley, Director, City Development & CBO, regarding: •By-law 7920/22 granting the Director, City Development & CBO with the approval authority to approve patio program extensions; •conditions in place for the extensions being similar to the program previously in place during the Covid-19 Pandemic; •whether staff would be reaching out to establishments with a temporary patio use approval already in place to let them know of the new extension program; •the extension program not being exclusive to existing patio operators; and, •the number of establishments that had applied for the patio program. Staff were requested to provide Council with an update on the status of the patio extension program by end of July or beginning of August, 2022. Resolution #858/22 Moved by Councillor Butt - 31 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm Seconded by Councillor Pickles That By-law Number 7920/22, be approved. Carried 14.Confidential Council – Public Report Mayor Ryan stated that prior to Regular Council Meeting, an In-camera Session was held at 6:00 p.m. in accordance with the provisions of the Municipal Act, and Procedure By- law 7665/18, to receive a confidential verbal update pertaining to a proposed land acquisition and to receive advice subject to solicitor-client privilege. The land acquisition matter was ratified publicly under Item 11.8, Report LEG 09-22, of this evening’s Council Meeting. Mayor Ryan made further note of Council moving in-camera at the beginning of the 7:00 p.m. Council Meeting to discuss further questions pertaining to the subject matter that had been discussed at the 6:00 pm In-camera Session. Mayor Ryan stated that in addition to the provisions above, at the 6:00 p.m. In-Camera Session, Council considered a matter pertaining to personal matters about an identifiable individual as it relates to an appointment to the Pickering Public Library Board and that the following motion was now before Council. 14.1 Appointment to the Pickering Public Library Board Carried Resolution #859/22 Moved by Councillor Butt Seconded by Councillor Doody-Hamilton That Suzanne Pragg be appointed to the Pickering Public Library Board for a term ending November 14, 2022, or until a successor is appointed. Carried 15.Other Business There was no other business. 16.Confirmation By-law By-law Number 7921/22 Councillor Ashe, seconded by Councillor Pickles, moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of March 28, 2022. - 32 - Council Meeting Minutes March 28, 2022 Electronic Meeting 7:00 pm 17.Adjournment Moved by Councillor Pickles Seconded by Councillor Butt That the meeting be adjourned. The meeting adjourned at 8:50pm. Dated this 28th of March, 2022. Carried Carried David Ryan, Mayor Susan Cassel, City Clerk - 33 - Executive Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor McLean Present: Mayor David Ryan Councillors: K. Ashe M. Brenner S. Butt C. Doody-Hamilton B. McLean D. Pickles Also Present: M. Carpino - Chief Administrative Officer K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor S. Douglas-Murray - Director, Community Services J. Eddy - Director, Human Resources B. Duffield - Director, Operations J. Hagg - Fire Chief R. Holborn - Director, Engineering Services F. Jadoon - Director, Economic Development & Strategic Projects S. Karwowski - Director, Finance & Treasurer S. Cassel - City Clerk R. Perera - Deputy Clerk 1. Roll Call The City Clerk certified that all Members of Council were present, and participating in- person. 2. Disclosure of Interest No disclosures of interest were noted. 3. Delegations There were no delegations. 4. Matters for Consideration 4.1 Director, Engineering Services, Report ENG 03-22 1 - 34 - Executive Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor McLean City Centre Transportation Master Plan Study Request for Proposal No. RFP2021-7 A question and answer period ensued between Members of the Committee and Richard Holborn, Director, Engineering Services, regarding: •the importance of public input on the City Centre Transportation Master Plan and whether there would be an opportunity for the public to comment on the Plan; •whether the City had retained Paradigm Transportation Solutions Limited for other studies; •ensuring that the draft Plan is presented to the Executive Committee, prior to being brought forward to Council for approval, to allow for further public engagement; •the need for residents to be aware of the impact to traffic from urban growth; •how the Study nests within a larger transportation study involving the full extent of Kingston Road; •the City working in conjunction with the Region and Ministry of Transportation to assess the impact of future developments along the 401 highway; •whether Durham Region would be contributing to the Study as they are a participant; and, •the timeline for the completion of the draft City Centre Transportation Master Plan. Staff were requested to include a public consultation component in the City Centre Transportation Master Plan Study, to allow drivers in the City to provide input into the Plan, and that a summary of the public feedback be included when the Plan is brought back to Council for endorsement. Recommendation: Moved by Councillor Brenner Seconded by Councillor Pickles 1.That Proposal No. RFP2021-7, for Consulting Services for City Centre Transportation Master Plan Study; submitted by Paradigm Transportation Solutions Limited, in the amount of $290,636.00 (HST included) be accepted; 2.That the total gross project cost of $325,512.00 (HST included), including the RFP amount, and a contingency, and the total net project cost of $293,134.00 (net of HST rebate) be approved; 2 - 35 - Executive Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor McLean 3.That Council authorize the Director, Finance & Treasurer to finance the net project cost of $293,134.00 as follows: a.The sum of $263,820.00 as approved in the 2022 Current Budget to be funded by a transfer from the Development Charges Reserve Fund Studies; b.The sum of $29,314.00 as approved in the 2022 Current Budget to be funded by Property Taxes; and, 4.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 4.2 Director, Engineering Services, Report ENG 07-22 Amendments to the Traffic and Parking By-law 6604/05 Proposed Change to Existing Stopping Restrictions, Amberlea Road and Highview Road Recommendation: Moved by Councillor Brenner Seconded by Councillor Pickles 1.That the attached draft by-law be enacted to amend Schedule "1", No Stopping, to By-law 6604/05 to provide for the regulation of stopping restrictions on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering, specifically to modify the hours of the stopping restrictions on Amberlea Road and Highview Road from 8:00 am to 4:00 pm, to 7:30 am to 4:30 pm to capture the existing school hours; and, 2.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 4.3 Director, Operations, Report OPS 09-22 Garbage Packer with Crane – Replacement Recommendation: 3 - 36 - Executive Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor McLean Moved by Councillor Brenner Seconded by Councillor Pickles 1.That Quotation Q2021-26 for the Supply & Delivery of One New Latest Model Year Side Load Garbage Packer with Crane submitted by NexGen Municipal Inc. in the amount of $236,255.14 (HST excluded) be accepted; 2.That the total gross project cost of $267,646.00 (HST included) and the total net project cost of $241,023.00 (net of HST rebate) be approved; 3.That the Director, Finance & Treasurer be authorized to finance the total net project cost of $241,023.00, from the Vehicle Replacement reserve fund; 4.That the budget available in project C10305.2107.01 in the amount of $175,000.00 be increased to $241,023.00; and, 5.That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Carried 5.Other Business There was no other business. 6.Adjournment Moved by Councillor Butt Seconded by Councillor Doody-Hamilton That the meeting be adjourned. Carried The meeting adjourned at 2:13 pm. 4 - 37 - Special Council Meeting Minutes April 4, 2022 Hybrid Electronic Meeting Main Committee Room Immediately Following the Executive Committee Meeting Present: Mayor David Ryan Councillors: K. Ashe M. Brenner S. Butt C. Doody-Hamilton B. McLean D. Pickles Also Present: M. Carpino - Chief Administrative Officer K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor B. Duffield - Director, Operations F. Jadoon - Director, Economic Development & Strategic Projects S. Karwowski - Director, Finance & Treasurer S. Cassel - City Clerk R. Perera - Deputy Clerk A. Gibbons - Torys LLP Due to the Executive Committee Meeting held at 2:00 p.m., the Special Council Meeting was called to order at 2:33 p.m. 1. Roll Call The City Clerk certified that all Members of Council were present, and participating in- person. 2. Disclosure of Interest No disclosures of interest were noted. Resolution #860/22 Moved by Councillor McLean Seconded by Councillor Ashe - 38 - That Council move into closed session in accordance with the provisions of Section 239 (2) of the Municipal Act and Procedural By-law 7665/18, in that the matters to be discussed relate to: c) a proposed or pending acquisition or disposition of land by the municipality or local board; and, f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Carried Council took a brief pause to allow the livestream of the Meeting to be severed. 3. In Camera Matters 3.1 Confidential Verbal Update from Director, Corporate Services & City Solicitor Re: Pickering City Centre Project This portion of the meeting was closed to the public. Refer to the In Camera meeting minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Resolution #861/22 Moved by Councillor Ashe Seconded by Councillor McLean That Council rise and ratify the confidential direction provided to staff during the closed session. Carried Council took a brief pause to allow the livestream of the Meeting to be resumed. Mayor Ryan stated that during the closed portion of the meeting, Council considered a matter pertaining to the acquisition or disposition of land and received advice subject to solicitor-client privilege as it pertains to the Pickering City Centre Project and provided direction to Staff. 4. Confirmation By-law By-law Number 7922/22 Special Council Meeting Minutes April 4, 2022 Hybrid Electronic Meeting Main Committee Room Immediately Following the Executive Committee Meeting - 39 - Councillor Ashe, seconded by Councillor Pickles moved for leave to introduce a by-law of the City of Pickering to confirm the proceedings of April 4, 2022. Carried 6. Adjournment Moved by Councillor Butt Seconded by Councillor McLean That the meeting be adjourned. Carried The meeting adjourned at 3:20 pm. Dated this 4th of April, 2022. David Ryan, Mayor Susan Cassel, City Clerk Special Council Meeting Minutes April 4, 2022 Hybrid Electronic Meeting Main Committee Room Immediately Following the Executive Committee Meeting - 40 - Present: Mayor David Ryan Councillors: K. Ashe M. Brenner S. Butt C. Doody-Hamilton B. McLean D. Pickles Also Present: M. Carpino - Chief Administrative Officer K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor S. Cassel - City Clerk C. Rose - Chief Planner D. Jacobs - Manager, Policy & Geomatics N. Surti - Manager, Development Review & Urban Design R. Perera - Deputy Clerk C. Morrison - Principal Planner, Development Review E. Martelluzzi - Senior Planner, Development Review & Heritage I. Lima - (Acting) Planner II 1. Roll Call The City Clerk certified that all Members of Council were present, and participating in- person. 2. Disclosure of Interest No disclosures of interest were noted. Moved by Councillor Ashe Seconded by Mayor Ryan That the rules of procedure be suspended to allow one additional delegation, under Section 4 of the agenda regarding Report PLN 20-22. Carried on a Two-Thirds Vote 1 Planning & Development. Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles - 41 - Planning & Development. Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles 3. Statutory Public Meetings Councillor Pickles, Chair, gave an outline of the requirements for a Statutory Public Meeting under the Planning Act. He outlined the notification process procedures and also noted that if a person or public body does not make oral or written submissions to the City before the By-law is passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Land Tribunal (OLT), and may not be entitled to be added as a party to the hearing unless, in the opinion of OLT, there are reasonable grounds to do so. Catherine Rose, Chief Planner, appeared before the Committee to act as facilitator for the Statutory Public Meeting portion of the meeting, explaining the process for discussion purposes as well as the order of speakers. 3.1 Information Report No. 06-22 Zoning By-law Amendment Application A 08/21(R1) Tribute (Liverpool) Limited Northwest corner of Highway 401 and Liverpool Road A statutory public meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application. Isabel Lima, (Acting) Planner II, provided the Committee with an overview of Zoning By-law Amendment Application A 08/21(R1). Through the ai d of a PowerPoint presentation, Ms. Lima outlined the subject lands, noting that the purpose of the amendment was to facilitate the construction of a high-density, mixed-use development. She further spoke to the revised site plan, planning policy framework, public comments, planning and design comments, and the next steps in the application process. Michael Testaguzza, The Biglieri Group, joined the hybrid electronic meeting via audio connection and noted that Mark Ionga, and Peter Jacovcic, Director, Tribute (Liverpool) Limited, Mansoor Kazerouni, IBI Group, and Ismet Medic, Traffic Expert, WSP, were also connected to the meeting via audio connection. Through the aid of a PowerPoint presentation, Mr. Testaguzza discussed the subject lands, the planning policy framework, the proposed three towers, access points to the site, requested height increases, public benefits of the proposal, and the required zoning amendments. George Turner, 1780 Listowell Crescent, joined the hybrid electronic meeting via audio connection to speak to Zoning By-law Amendment Application A 08/21(R1). Mr. Turner stated that he understood population growth and added that he trusted that the City’s Official Plan would accommodate the growth. He spoke to the 2 - 42 - Planning & Development. Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles original proposal from the applicant and noted that the revised proposal had not been amended significantly and that the proposed building heights remain the same as those noted in the original submission. Mr. Turner discussed the proposal setting a precedent, residents becoming disengaged in the planning process, and questioned whether the City’s Official Plan was being developed through public consultation. He referred to a motion pertaining to dissolving the Ontario Land Tribunal (OLT), presented at the March 28, 2022 Council Meeting, and stated that residents believe developers are in charge of the process. He noted that developers needed to be transparent and no ted that Tribute was actively advertising for the proposed development and questioned whether the units being sold were under the premise of the permitted number of storeys. He expressed his support for the part of the proposal allocating 27 units to Habitat for Humanity, and questioned whether Habitat for Humanity had been consulted as they had not submitted comments on the application. Mr. Turner further questioned what would happen to the 27 units being allocated to Habitat for Humanity, should council refuse the requested height amendment. He added that The Biglieri Group had the City listed as a corporate client on their website and that he confirmed with City Staff, that at least since 2017, no billings had been incurred by the City, and that the Company’s website also included outdated images of the building renderings from the original submission. Mr. Turner concluded his delegation by noting that the proposal was deviating from the Official Plan with respect to height restrictions and asked that Committee be cautious in setting a precedent. Michael Testaguzza, The Biglieri Group, responded to comments and questions raised by the delegation by advising that the height being requested was decided upon the context of the site, Habitat for Humanity being a partner in the proposal with respect to the design, and that The Biglieri Group would ensure that their website was updated with the most recent client listing and images of the various applications. A question and answer period ensued between Members of the Committee, Staff, Mr. Testaguzza, Mr. Medic, and Mr. Kezerouni, regarding: • the plans for the Walnut Lane extension going north from Highway 2; • impact to traffic on Liverpool Road and whether traffic studies had been conducted; • impact to birds due to the height of the buildings and bird friendly design guidelines; • whether the grade of the subject site was similar to the grade of the Pickering Town Centre lands in terms of elevation above sea level; • configuration of the three building and whether there was any data on potential wind tunneling; 3 - 43 - Planning & Development. Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles •concerns regarding the City also conducting a City Centre Traffic Study Master Plan and which traffic study would be relied upon in considering the application; •the mechanisms in place to ensure that the 27 units for Habitat for Humanity are guaranteed; •indoor and outdoor amenities for the three towers, and whether there was a possibility for the creation of a soccer or baseball field; •whether the proposal could include a prayer room for the future residents; •ownership of lands surrounding the subject site and the proposed park trails requiring the approval of landowners and the Toronto Region Conservation Authority (TRCA); and, •reaching out to other municipalities who worked with Tribute Homes and Habitat for Humanity, to discuss the process to ensure the affordable units were included in development. Staff were requested to provide information on the impact of the City Centre Transportation Study on the transportation impacts of the proposed development. 3.2 Information Report No. 07-22 Official Plan Amendment OPA 21-02/P Zoning By-law Amendment A 13/21 2465 Brock Road Development Inc. 2465 Brock Road A statutory public meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application. Elizabeth Martelluzzi, Senior Planner, Development Review & Heritage, provided the Committee with an overview of Official Plan Amendment OPA 21-02/P and Zoning By-law Amendment Application A 13/21. Through the aid of a PowerPoint presentation, Ms. Martelluzzi outlined the subject lands, noting that the purpose of the amendment was to permit a high-density mixed-use development. She further spoke to the applicant’s proposal, planning policy framework, public comments, planning and design comments, and the next steps in the application process. Sacha Singh and, Akil Heywood, 2465 Brock Road Development Inc., and Shakeel Walji, The Sher Corporation, joined the hybrid electronic meeting via audio connection and noted that they were available for questions. George Turner, 1780 Listowell Crescent, joined the hybrid electronic meeting via audio connection in support of the applications. He added that the proposal was not requesting many amendments and that the proposal would be a good view once built. 4 - 44 - Planning & Development. Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles Heather Allan, Pickering Resident, joined the hybrid electronic meeting via audio connection in opposition to Official Plan Amendment OPA 21-02/P and Zoning By- law Amendment A 13/21. Ms. Allan discussed concerns regarding impacts to traffic, the lack of recreation facilities in the subject area, and added the porter flights that move through the area was not considered. She further spoke to new stop lights in the area and its impact to traffic flow and stated that schools in the City were over crowded due to new development. Ms. Allan noted that 2465 Brock Road was situated on a hill and that there would be problems pertaining to soil stabilization. She further noted that two access points to the development would create additional construction which would be an issue as Concession Road 3 and Valley Farm Road would be closed in the near future for at least two years. Shakeel Walji, The Sher Corporation, responded to comments and questions raised by the delegation by noting that a traffic study had been conducted, the projection by the Region that Brock Road would become a six-lane road in the future, and the two access points to the site being proposed in consultation with the Region. Catherine Rose, Chief Planner, stated that the traffic signal locations had been carefully planned with the Region for the last 20 years. A question and answer period ensued between Members of the Committee, Staff, and Mr. Walji, regarding: •the two access points into the site and whether one of them would be a stop light with the other being a right only exit; •connectivity between the buildings and whether there would be an elevator feature to the underground parking; •sustainability features offered in the development; •concerns from the cemetery owners adjacent to the site regarding construction and the type of measures that would be taken to minimize the impact of construction to the cemetery; •EV charging stations and EV bikes and how this was being implemented; •work undertaken to ensure the suitability of the soil of the subject lands; •whether the Region indicated the timelines for Brock Road being transformed into a six-lane road; •the announcement of a new school, currently referred to as the Creekside School; •confirmation that School Boards were a commenting agency on the proposal; and, •the design for the Seaton Recreation Complex being in the 2024 capital budget. 5 - 45 - 4. Delegations 4.1 George Turner Re: PLN 17-22 Zoning By-law Amendment Application A 11/21 Universal City Seven Developments Inc. Southwest corner of Sandy Beach Road and future Celebration Drive (Part of Lot 21, Concession 1, Now Part 3 40R-30834) George Turner, 1780 Listowell Crescent, joined the hybrid electronic meeting via audio connection and noted that he had raised questions to City Staff regarding the impact to Units 4 and 5 should Unit 7 be approved and growth in the City Centre and its relation to the job ratio. He added that Staff had advised that the City was tracking new residential growth in the City Centre and that Staff would be addressing policy conformity around such matters in a future recommendation report to Council. Mr. Turner further added that Staff advised that as part of the supplemental report, staff would be recommending a monitoring program with annual reporting for strategic growth areas in Pickering, and questioned whether Council had seen the supplemental report to base their decision on. 4.2 Michael Vani, Weston Consulting Re: PLN 17-22 Zoning By-law Amendment Application A 11/21 Universal City Seven Developments Inc. Southwest corner of Sandy Beach Road and future Celebration Drive (Part of Lot 21, Concession 1, Now Part 3 40R-30834) Michael Vani, Weston Consulting, joined the hybrid electronic meeting via audio connection and noted that he was the agent representing Universal City Seven Developments Inc. Mr. Vani noted that he worked closely with City Staff to refine the application based on the comments received from the public at the January public meeting. He spoke to the adjustments made to the application an d stated that he was in support of staff’s recommendation and was available for questions. 4.3 Paul White, President, Fairport Beach Neighbourhood Association Re: PLN 19-22 Appeals of Council Decisions on Planning Act Applications and Committee of Adjustment Decisions Policy Paul White, President, Fairport Beach Neighbourhood Association, joined the hybrid electronic meeting via audio connection to speak to Report PLN 19-22. He noted that the Association had made a complaint regarding the January 10, 2022 6 Planning & Development. Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles - 46 - Special In-camera Meeting of Council to the Ombudsman, and that the complaint had not yet been resolved. He stated that the issue was whether the exemption used under the Municipal Act to move into a closed meeting applied to the subject matter which was being considered. He added that while municipalities were required to have their meetings open to the public, there were provisions in the Act for certain forums to be private, which should be considered carefully. He added that the provision used on January 10th was the provision of litigation or potential litigation which should be r eserved for subject matter of litigation or a reasonable prospect of litigation. He added that David Steele, Pickering West Shore Community Association, and himself, had sent a letter to Council questioning the rationale for holding a closed meeting. Mr. White referred to the draft policy and questioned the need for more in-camera meetings and asked that receipt of appeals should also be s ent to the chairman of the Committee of Adjustment. Mr. White concluded his delegation by stating that allowing process to play out would be more advantageous. 4.4 Matthew Cory, Malone Given Parsons Ltd. Re: PLN 20-22 Envision Durham – Growth Management Study Alternative Land Need Scenarios Summary Report Matthew Cory, Malone Given Parsons Ltd., joined the hybrid electronic meeting via audio connection to speak to Report PLN 20-22, and added that he was present on behalf of the Seaton Landowners Group. Through the aid of a PDF presentation, he added that the different scenarios noted in the Report either increase or decrease low and high density units. He spoke to the need for medium density type of units, modifying the scenarios, and added that Scenario 2 was the right one for land use planning. He asked that the Committee consider the modified scenario 2 which would be in conformity with the growth plan and would provide for a better mix in housing. He expressed concerns regarding an over reliance and an over estimation of supply in apartments stating that this was a deviation from market-based demands for such units. He noted that while there was a reduction to high density housing in the modified scenario 2, the percentage of new units being apartments was still higher than noted by the Region. He concluded his delegation by noting that he would look forward to working with the City and the Region. 5. Planning & Development Reports 5.1 Director, Corporate Services & City Solicitor, Report LEG 08-22 1185497 Ontario Limited – Plan of Subdivision 40M-1912 - Final Assumption of Plan of Subdivision - Lots 1 to 6, Plan 40M-1912 7 Planning & Development. Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles - 47 - Planning & Development. Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles -Acorn Lane/Brock Road Recommendation: Moved by Councillor Ashe Seconded by Councillor Brenner 1.That works and services required by the Subdivision Agreement within Plan 40M-1912, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance; 2.That 1185497 Ontario Limited be released from the provisions of the Subdivision Agreement and any amendments thereto relating to Plan 40M- 1912; and, 3.That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Carried 5.2 Director, City Development & CBO, Report PLN 17-22 Zoning By-law Amendment Application A 11/21 Universal City Seven Developments Inc. Southwest corner of Sandy Beach Road and future Celebration Drive (Part of Lot 21, Concession 1, Now Part 3 40R-30834) A question and answer period ensued between Members of the Committee and Staff regarding: •whether comments from residents, regarding exploring opportunities to make the proposed green roofs accessible to future residents for activities such as walking their dogs, would be addressed; •concerns expressed by Durham Regional Police regarding in-building radio coverage for first responders and whether the developers would take on the costs associated with rerouting the signals; •whether the approval of Universal City 7 would impact the approval of Universal City 4 and 5; and, •addressing the questions expressed by the delegate Mr. Turner, prior to the Report coming back to Council for approval. Recommendation: 8 - 48 - 5.3 Director, City Development & CBO, Report PLN 18-22 Envision Durham – Identifying a Regional Natural Heritage System - The Region of Durham Municipal Comprehensive Review A question and answer period ensued between Members of Committee and Staff regarding: 9 Planning & Development. Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles Moved by Mayor Ryan Seconded by Councillor Ashe 1.That Zoning By-law Amendment Application A 11/21, submitted by Universal City Seven Developments Inc., to permit a 37-storey residential condominium building with approximately 482 residential units at the southwest corner of Sandy Beach Road and future Celebration Drive be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 17-22, be finalized and forwarded to Council for enactment; 2.That Zoning By-law Amendment Application A 11/21, to amend City Centre Zoning By-law 7553/17, as amended, to remove the “H6” Holding Symbol on lands being Part of Lot 21, Concession 1, Now Part 3 40R-30834, as set out in Appendix II to Report PLN 17-22, be finalized and forwarded to Council for enactment; 3.That prior to issuing Site Plan Approval, Universal City Seven Developments Inc. shall satisfy the City with a letter from the H6 Landowners’ Group acknowledging that the Owner has either entered into the Universal City Infrastructure Agreement and Cost Sharing Agreement, or the Owner has satisfied all financial obligations under the said Universal City Infrastructure Agreement and Cost Sharing Agreement; and, 4.That Council grants an exemption in accordance with Section 45 (1.4) of the Planning Act, R.S.O. 1990; c. P.13 as amended, and permits the Committee of Adjustment to consider minor variance applications resulting from the processing of future site plan or building permit applications submitted by Universal City Seven Developments Inc., for the lands municipally know as Part of Lot 21, Concession 1, Now Part 3 40R-30834, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands. Carried - 49 - Planning & Development. Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles •clarification regarding how the Review would impact the City and the environmental components that are part of the Regional Natural Heritage System; •whether the Report was reviewed by Sustainability Staff in City Development; •whether the majority of the lands were in private ownership and whether the Plan would be used to manage the lands through easements; •whether the lands were in the W hitebelt area; •Natural Heritage System not being a designation and rather being a planning tool to add layers to sit on top of primary layers such as residential layers; •the City requesting that the Province protect the Whitevale wetland and remove the area from an urban designation, and any attempt to include the area in the Natural Heritage System contradicting conformity to the Region’s Plan; •a Notice of Motion being the best mechanism to bring forward the matter of protecting the Whitevale wetlands; and, •clarification regarding the Whitebelt not being a natural heritage system. Staff were requested to provide Report PLN 18-22 to Sustainability Staff for their review prior to the Report coming to the April 25, 2022 Council Meeting. Recommendation: Moved by Mayor Ryan Seconded by Councillor Doody-Hamilton That Council support the draft Regional Natural Heritage System (RNHS) for the new Regional Official Plan and endorse staff’s comments contained in Report PLN 18-22. Carried 5.4 Director, City Development & CBO, Report PLN 19-22 Appeals of Council Decisions on Planning Act Applications and Committee of Adjustment Decisions Policy A question and answer period ensued between Members of the Committee and Staff regarding; •the exemptions, under section 239(2) of the Municipal Act, used for the January 10, 2022 Special In-Camera Meeting of Council and the appropriateness of the exemptions; 10 - 50 - Planning & Development. Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles • costs associated with hiring external representation for a minor Committee of Adjustment appeal; • whether the draft policy was in the public’s interest and Member’s being able to request an in-camera meeting to consider an appeal; • the community being ill equipped to appear at OLT hearings to defend their position; • results of debates of in-camera matters being announced publicly; and, • ensuring that the Policy is updated to reflect that appeals of Committee of Adjustment decisions are also circulated to the Chair, Committee of Adjustment. Recommendation: Moved by Mayor Ryan Seconded by Councillor Ashe That the Appeals of Council Decisions on Planning Act Applications and Committee of Adjustment Decisions Policy, dated April 25, 2022, be approved as set out in Appendix I to Report PLN 19-22. Carried on a Recorded Vote as Follows: Yes No Councillor Ashe Councillor Brenner Councillor Butt Councillor McLean Councillor Doody-Hamilton Councillor Pickles Mayor Ryan 5.5 Director, City Development & CBO, Report PLN 20-22 Envision Durham – Growth Management Study - Alternative Land Need Scenarios Summary Report A question and answer period ensued between Members of Committee and Staff regarding: • the recommendation addressing a balance between the different housing mixes; • Staff’s initial recommendation for scenario 3; • comparison between the different scenarios outlined in the Report; • Kingston Road being a redevelopment area and the proposed unit mix in scenarios 2 and 3 still anticipating a majority of high-density housing; • where the greenfield areas are located in the City; 11 - 51 - Planning & Development. Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles •the unit mix breakdown for Seaton being 40% low-density, 40% medium- density, and 20% high-density; •scenario 5 not creating any ramifications for the City as most of the green space was already designated and the intensification already taking place on Kingston Road; •scenario 4 creating a balance and recognizing some growth, in terms of new lands, across the Region; •Durham Regional Environment Advisory Committee recommending Northeast Pickering become part of the greenbelt and the report being referred to the Region’s Planning and Economic Development Committee; •growth being inevitable in Pickering as the City is neighboring Toronto, immigration increasing due to world situations, and the population rising in the GTA; •the responsibility of addressing the needs for growth being the responsibility of the Region and the individual municipalities; •residents wanting a mix of accommodation as opposed to high rise residential buildings; •the City only being a commenting body and the final decision on the final scenario being with the Region; •confirmation that the greenbelt would not be including new community area lands and greenfields; •confirmation that specific lands were not being identified as part of the New Community Area Land; •whitebelt lands not being exclusive to Northeast Pickering; •Staff’s recommendation, noted in Report PLN 20-22, being scenario 3 with modifications; •the revised recommendation being a hybrid between scenario 2 and 3; and, •comparison between the revised recommendation and the staff recommendation noted in Report PLN 20-22. Recommendation: Moved by Councillor Ashe Seconded by Councillor Doody-Hamilton 1.That Council endorse the Staff Comments contained in Section 3 of Report PLN 20-22 as the City’s formal comments on the Envision Durham’s Alternative Land Need Scenarios Summary Report, prepared by Watson & Associates Economists Ltd. and Urban Strategies Inc., dated March 2022, except that Council recommend that the Region, in establishing the new urban area land needs, use a modified Community Area Land Need Scenario 2, with an increased intensification rate of 50%; and an adjusted 12 - 52 - Planning & Development. Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles mix of housing densities within Designated Greenfield Areas, such that the Durham Total New Unit Mix results in an increased percentage of medium density units at approximately 40 – 45%; a reduced amount of high density at approximately to 20 - 25%; maintains the number of low density units at approximately 35 – 40%; and maintains the percentage of secondary units at 3%; and, 2. That the appropriate City of Pickering staff be authorized to take the necessary actions as indicated in this report. Carried Later in the Meeting (See the Following Motion) Moved by Councillor McLean Seconded by Councillor Brenner That Report PLN 20-22 be referred back to staff until such time that the Regional Planning and Economic Development Committee has made a decision regarding the Durham Regional Environment Advisory Committee’s recommendation to allocate Northeast Pickering in the greenbelt. Motion Withdrawn The Main Motion was then Carried on a Recorded Vote as Follows: Yes No Councillor Ashe Councillor Brenner Councillor Butt Councillor Doody-Hamilton Councillor McLean Councillor Pickles Mayor Ryan 6. Other Business 6.1 Councillor Brenner asked whether the City had a mechanism to track affordable and rental housing and whether the date was available to the public on the City’s Website. Kyle Bentley, Director, City Development & CBO, advised that the City does not currently have a mechanism in place an d that Staff would look into the matter. Councillor Brenner gave Notice of a Motion regarding a housing strategy mechanism to track affordable and rental housing. Councillor Brenner noted that he may withdraw his Notice of Motion depending on Staff’s findings. 13 - 53 - 6.2 Councillor Pickles gave Notice of a Motion regarding designating the Whitevale Former Gravel Pit/Wetlands. 7. Adjournment Moved by Mayor Ryan Seconded by Councillor Butt That the meeting be adjourned. Carried The meeting adjourned at 10:52 pm. Planning & Development. Committee Meeting Minutes April 4, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles 14 - 54 - PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant and Appellant: Wiltshire Eccleston Development Inc. Subject: Minor Variance Property Address/Description: 1383 Rougemount Drive Variance from By-law: 2912/88 Municipality: City of Pickering Municipal File No.: P/CA 58/21 OLT Case No.: OLT-21-001452 OLT Lead Case No.: OLT-21-001452 OLT Case Name: Wiltshire Eccleston Development Inc. v. Pickering (City) PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant and Appellant: Wiltshire Eccleston Development Inc. Subject: Minor Variance Property Address/Description: 1383 Rougemount Drive Variance from By-law: 2912/88 Municipality: City of Pickering Municipal File No.: P/CA 59/21 OLT Case No.: OLT-21-001453 OLT Lead Case No.: OLT-21-001452 PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant and Appellant: Wiltshire Eccleston Development Inc. Subject: Minor Variance Property Address/Description: 1383 Rougemount Drive Variance from By-law: 2912/88 Municipality: City of Pickering Ontario Land Tribunal Tribunal ontarien de l’aménagement du territoire ISSUE DATE: April 05, 2022 CASE NO(S).: OLT-21-001452 Corr. 18-22 - 55 - 2 OLT-21-001452 Municipal File No.: P/CA 60/21 OLT Case No.: OLT-21-001454 OLT Lead Case No.: OLT-21-001452 PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant and Appellant: Wiltshire Eccleston Development Inc. Subject: Minor Variance Property Address/Description: 1383 Rougemount Drive Variance from By-law: 2912/88 Municipality: City of Pickering Municipal File No.: P/CA 61/21 OLT Case No.: OLT-21-001455 OLT Lead Case No.: OLT-21-001452 PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant and Appellant: Wiltshire Eccleston Development Inc. Subject: Consent Property Address/Description: 1383 Rougemount Drive Municipality: City of Pickering Municipal File No.: LD 097/2021 OLT Case No.: OLT-21-001479 OLT Lead Case No.: OLT-21-001452 PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant and Appellant: Wiltshire Eccleston Development Inc. Subject: Consent Property Address/Description: 1383 Rougemount Drive Municipality: City of Pickering Municipal File No.: LD 098/2021 OLT Case No.: OLT-21-001480 OLT Lead Case No.: OLT-21-001452 PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant and Appellant: Wiltshire Eccleston Development Inc. Subject: Consent - 56 - 3 OLT-21-001452 Property Address/Description: 1383 Rougemount Drive Municipality: City of Pickering Municipal File No.: LD 099/2021 OLT Case No.: OLT-21-001481 OLT Lead Case No.: OLT-21-001452 Heard: February 24, 2022 by video hearing APPEARANCES: Parties Counsel Wiltshire Eccleston Development Inc. Matthew Di Vona (“Appellant”) City of Pickering (“City”) No one appeared The Regional Municipality of Durham Cindy Boyd (“Region”) DECISION DELIVERED BY M. RUSSO AND S. BOBKA AND ORDER OF THE TRIBUNAL INTRODUCTION [1]The Appellant applied to the Region’s Land Division Committee (the “LDC”) to sever three lots from an existing residential lot at 1383 Rougemount Drive (the “subject lands”) that would result in four residential lots (three newly formed lots and one retained lot). [2]The subject lands are within a two-tier municipal approval system, where the Region and their LDC are the approval authority for Consents within the Region. The Appellant sought the Consents to facilitate the development and construction of four single-detached dwellings on the subject lands. - 57 - 4 OLT-21-001452 [3]Further required and sought by the Appe llant were Minor Variances (the “MVs”) for each of the four lots proposed and relief from the City’s Zoning By-law No. 3036, as amended by Zoning By-law No. 2912/88 (the “ZBL”) to allow for the construction of the four proposed dwellings. The approval authority for the MVs is the City and their Committee of Adjustment (the “C of A”) [4]With four proposed dwellings, the Appellant had submitted four applications to the C of A, requesting the following MVs: P/CA 58/21 – Part 1 The Appellant requested relief from the ZBL to permit: •a minimum lot frontage of 15.2 metres (“m”), whereas the By-law requires a minimum lot frontage of 18.0 m; •a minimum south side yard of 1.5 m, where a garage is erected as part of a detached dwelling, the By-law requires a minimum side yard of 1.8 m; and •a chimney breast to project not more than 0.8 m into the required south side yard, whereas the By-law permits main eaves, belt courses, chimney breasts, sills or cornices not projecting more than 0.5 m into any required yard. P/CA 59/21 – Part 2 The Appellant requested relief from the ZBL to permit: •a minimum lot frontage of 15.2 m, whereas the By-law requires a minimum lot frontage of 18.0 m; •a minimum north side yard of 1.5 m, where a garage is erected as part of a detached dwelling, the By-law requires a minimum side yard of 1.8 m; and - 58 - 5 OLT-21-001452 •a chimney breast to project not more than 0.8 m into the required south side yard, whereas the By-law permits main eaves, belt courses, chimney breasts, sills or cornices not projecting more than 0.5 m into any required yard. P/CA 60/21 – Part 3 The Appellant requested relief from the ZBL to permit: •a minimum lot frontage of 15.1 m, whereas the By-law requires a minimum lot frontage of 18.0 m; •a minimum north side yard of 1.5 m, where a garage is erected as part of a detached dwelling, the By-law requires a minimum side yard of 1.8 m; and •a chimney breast to project not more than 0.8 m into the requ ired south side yard, whereas the By-law permits main eaves, belt courses, chimney breasts, sills or cornices not projecting more than 0.5 m into any required yard. P/CA 61/21 – Part 4 The Appellant requested relief from the ZBL to permit: •a minimum lot frontage of 15.3 m, whereas the By-law requires a minimum lot frontage of 18.0 m; •a minimum south side yard of 1.5 m, where a garage is erected as part of a detached dwelling, the By-law requires a minimum side yard of 1.8 m; and •a chimney breast to project not more than 0.7 m into the required south side yard, whereas the By-law permits main eaves, belt courses, chimney breasts, sills or cornices not projecting more than 0.5 m into any required yard. - 59 - 6 OLT-21-001452 [5] The C of A met September 8, 2021 and denied all four applications as it felt the MVs were not appropriate or desirable and did not meet the purpose and intent of both the City and Regional Official Plans (the “OPs”) and the ZBL. [6] The Region’s LDC met on September 13, 2021 to consider the three Cons ent applications of the Appellant. [7] The LDC refused the applications and cited prematurity of the Consents in light of the recent denial of the MVs by the City’s C of A. Without approval of the MVs, the ability of the proposed lots to conform with the Regional OP was not possible at that time. [8] The Appellant chose to exercise their statutory rights to appeal, pursuant to the Planning Act (the “Act”), s. 53(19) and s. 45(12). THE HEARING [9] The City advised the Tribunal through correspondence that they would not be attending or taking a position on the matter at these proceedings. [10] Counsel for the Region was present at the Hearing. Counsel advised the Tribunal that the Region and the Appellant resolved their issues and stated that subject to agreed upon conditions provided for the Tribunal’s consideration being imposed, the Region supports the Consents requested by the Appellant. Counsel advised the Tribunal that the conditions of the Region were provided on consent of the Region and the Appellant, and on that basis the Region does not take a position on other matters before the Tribunal. Counsel remained at the Hearing to provide any clarity the Tribunal might require or in case any issues arose that the Region wished to speak to. - 60 - 7 OLT-21-001452 [11]Four written requests for Participant status were received by the Tribunal from nearby residents. One of the four Participant requests, Oliver Rohn, a neighbouring resident submitted an additional request for Party status. [12]Initially, the Tribunal dealt with the three other Participant status requests. It heard no objections or concerns from Counsel and was satisfied that the requests met the requirements of the Tribunal’s Rules of Practice and Procedure (the “Tribunal Rules”), specifically Rule 7.7. As such, Perry and Loraine Vivian, Michael and Jeanine Soligo and Artur Gevorgyan were granted Participant status. [13]The Tribunal seeking some clarity of Mr. Rohn, inquired of his intentions and level of preparation for the proceedings. Mr. Rohn responded that he had no witn esses present that he intended to call and was not seeking to provide any additional evidence other than that provided in his status requests. He did however, wish to be heard and provide some clarity and some context to his concerns. [14]The Tribunal having considered the status requests of Mr. Rohn, found that he did not meet the criteria of Tribunal Rules 8.2 to be provided Party status at these proceedings; however, he did meet the provisions of Tribunal Rule 7.7, and thus, Participant status was provided to Mr. Rohn. [15]The Tribunal further considering Mr. Rohn’s request to be heard at these proceedings, elected to allow him to act in a witness capacity, as set out in s. 18 of the Ontario Land Tribunal Act, which reads, 18 (1) At any stage of a proceeding, the Tribunal may, (a)examine any of the following persons: (i)a party to the proceeding, (ii)a witness in the proceeding, or (iii)a person who has made a submission to the Tribunal with respect to the proceeding, other than a party; - 61 - 8 OLT-21-001452 The witness would be heard and cross-examined if Counsel wished. Hearing no objections from Counsel, the Tribunal proceeded in this manner. [16]Following the status requests, Counsel for the Appellant provided the Tribunal a brief opening submission and overview of the Consents and Variances sought. This included the historical evolution of the proposal, highlighting that both City and Region staff supported the proposal in principle, which was followed by a brief discussion of the ‘As-of-Right’ permissions allowed on the subject lands. [17]Counsel then introduced the witness, Paul Demczak, to support the Appellant’s current proposal. [18]Provided to the Tribunal was the witness’ Curriculum Vitae (“CV”) and Acknowledgment of Expert’s Duty Forms in Tabs 40 and 41 of the Applicant Document Book (Exhibit 2). Having reviewed the contents and heard a brief description of his qualifications and background, the Tribunal duly swore and qualified the witness to provide expert opinion evidence in land-use planning. Statutory Tests Required [19]The Tribunal is tasked to determine if the Consents sought by these appeals have regard to Provincial interests set out in s. 2 of the Act and satisfy all applicable criteria in s. 51(24) of the Act. Also, the Tribunal must determine consistency of the proposal with Provincial interests as set out in the Provincial Policy Statement, 2020 (the “PPS”) and conformity with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (the “Growth Plan”). The Tribunal must also be satisfied that a plan of subdivision is not necessary for the orderly development of the municipality pursuant to s. 53(1) of the Act. [20]The Tribunal must also determine that the MVs sought are consistent with the PPS and further meet the four tests as set out by s. 45(1) of the Act. - 62 - 9 OLT-21-001452 [21]More specifically, the Tribunal must determine whether: i.the variances meet the general intent and purpose of the City and Regional OPs; ii.the variances meet the general intent and purpose of the ZBL; iii.the variances are minor in nature; and iv.the variances are appropriate and desirable. Planning History and Chronology [22]The C of A met on July 14, 2021 with the Appellant’s four applications before them. City Planning staff had provided a report to the C of A (the “Planning Report”), recommending approval of the applications subject to conditions. Through discussions and having heard many delegations from the public voicing concerns with the proposal, the C of A deferred the applications to allow for the Appellant and public to have further dialogue and to provide more detailed information. [23]The Appellant held two open house public meetings on July 29 and August 23, 2021 to allow for questions and provide information. Approximately 20 residents attended the virtual open houses held on the matter. Discussions included but were not limited to, the public preference being two or three lots as opposed to four, more open space being provided, ‘As-of-Right’ dwellings allowed on the subject lands with no planning approvals necessary and dwellings being as large as 10,000 square feet (“sq. ft.”). [24]The C of A met September 8, 2021, with the Appellant choosing to not make any changes and seek the same relief requested on July 14, 2021. The Planning Report before the C of A remained the same and provided a positive recommendation of approval for the MVs. The C of A instead denied all four applications, citing the C of A - 63 - 10 OLT-21-001452 felt the MVs were not appropriate or desirable and did not meet the purpose and intent of both the OP and ZBL. [25]As has been indicated, the Region’s LDC met on September 13, 2021 to consider the three Consent applications of the Appellant. [26]The purpose of the applications was to permit the severances and creation of three additional residential lots (totaling four vacant parcels) ranging between 934.5 square metres (“m2”) to 936.3 m2. Two lots (one of which included the retained parcel) proposed vehicular access points off Rougemount Drive, whereas the remaining two lots proposed access points off Rouge Hill Court. [27]Regional planning staff was generally supportive of the Consents as proposed, subject to conditions. However, with the denial of the MVs by the City C of A, days prior to the LDC meeting, the recommendation of Regional planning staff was that applications LD 097/2021 to LD 099/2021 be deemed premature until the Appellant could demonstrate that zoning compliance could be obtained for the proposed lots. [28]With the Appellant already intending to appeal the decision of the C of A, the representative of the Appellant requested that the Consents, if not being approved at the September 13, 2021 meeting be denied so that the Consents and MVs could be dealt with jointly on appeal to the Tribunal. The LDC subsequently denied the applications of the Appellant. Location and Site Context [29]Number 1383 Rougemount Drive is located in the south -west part of the City, in the Rougemount Neighbourhood within Ward 1. The subject lands are a through-lot with 30.44 m of frontage on Rougemount Drive, and 3,739.50 m2 (40,241.64 sq. ft.) in lot area. The subject lands are currently vacant. - 64 - 11 OLT-21-001452 [30] The subject lands are bound by the following: • To the north: existing residential neighbourhood; • To the south: Rouge Hill Court., existing residential neighbourhood, commercial/retail plaza, and Kingston Road; • To the west: Rougemount Drive, and existing residential neighbourhood; • To the east: Rouge Hill Court, existing residential neighbourhood, and South Petticoat Ravine. [31] The immediate neighbourhood is a predominantly large estate -style residential subdivision neighbourhood that has been organically developed and is currently changing with a variety of architectural styles. The immediate surrounding context has experienced redevelopment with new custom home rebuilds in recent years. Sections 2 and 51(24) of the Planning Act [32] Mr. Demczak brought the Tribunal to the Planning Rationale Report provided in Tab 16 of Exhibit 2. He and his firm conducted an in -depth analysis of the area and proposal, which included existing lot fabric and sizes, Provincial and local policy review and specific analysis of the Consents and MVs sought. [33] Pertaining to s. 2 of the Act, Mr. Demczak cited: (h) the orderly development of safe and healthy communities; (j) the adequate provision of a full range of housing; (p) the appropriate location of growth and development; (r) the promotion of built form that, (i) is well-designed, (ii) encourages a sense of place, and - 65 - 12 OLT-21-001452 (iii) provides for public spaces that are of high quality, safe, accessible, attractive and vibrant. [34] In reference to s. 51(24), Mr. Demczak cited relevant subsections as follows: (a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2; (b) whether the proposed subdivision is premature or in the public interest; (c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any; (d) the suitability of the land for the purposes for which it is to be subdivided; (f) the dimensions and shapes of the proposed lots; (i) the adequacy of utilities and municipal services. [35] Mr. Demczak opined that the proposal is a modest infill development supporting Provincial direction. It is located in a settlement area that is well-serviced and suitable for the proposed scale of development. Further he opined, the proposal is well- designed, encourages a sense of place, is high quality, attractive and vibrant. [36] It was Mr. Demczak’s opinion that the proposal has regard to the relevant subsections of s. 2 of the Act and the Consents meet the applicable subdivision criteria set out in s. 51(24) of the Act. The Provincial Policy Statement and the Growth Plan [37] It was the opinion of Mr. Demczak that the proposal is consistent and maintains Provincial interest as required by the PPS and conforms with the Growth Plan. - 66 - 13 OLT-21-001452 [38]Regional planning staff had identified that the subject lands are located within a settlement area, which promotes infill development and takes advantage of existing infrastructure and public service facilities. The PPS and Growth Plan support opportunities to provide a range of housing and encourages growth within settlem ent areas, through intensification and redevelopment. The PPS supports the optimization of land and resources by promoting opportunities for intensification and redevelopment. [39]In accordance with Policy 2.2.2.2 of the Growth Plan, a minimum of 40 % of all residential development occurring annually in the Region must be within the “Built-up Area”. The Growth Plan also requires all intensification areas to support vibrant neighbourhoods by providing a diverse and compatible mix of land uses, includin g residential and employment uses, as well as convenient access to local stores, services and public service facilities. [40]Mr. Demczak opined that the proposal was consistent with s. 1.1.3.1 of the PPS that states “Settlement areas shall be the focus of growth and development”. With the proposal being a minor and appropriate level of infill development, he specified that it is in keeping with the character of the established area. Further, the witness highlighted similarly to s. 2.1(d) of the Growth Plan, development will be directed to settlement areas, except where the policies of the Plan permit otherwise. [41]Both Regional planning staff and Mr. Demczak concluded that the subject lands are within an established neighbourhood in the City. The proposed development will contribute to achieving more compact complete communities, as well as advancing the City’s and Region’s intensification targets. The proposed development will also complement surrounding built form within the neighbourhood. Thus, the opinions provided were that the proposed development is consistent with the PPS and conforms to the Growth Plan. - 67 - 14 OLT-21-001452 Section 45(1) of the Planning Act and the Four Tests Do the proposed variances meet the general intent and purpose of the Official Plan? [42]Mr. Demczak highlighted that the subject lands has the designation ‘Living Areas’ in the Regional OP, and that these areas accommodate the widest variety of types of accommodation. It was his opinion that as the proposed development featured infill intensification, with the addition of four dwellings on a currently vacant lot, and is consistent with the Regional OP. [43]Regarding the City OP, Mr. Demczak referred to s. 2.7, drawing attention to the following subsections which state the Urban Goals: (a)encourage a variety of uses in close proximity to one another through a well designed, compact urban form; (b)make efficient use of infrastructure, land and services, and facilitate local economic and social interactions between people; (c)increase overall the number and variety of housing, employment, educational, cultural, recreational, and other opportunities and experiences within the urban area; (g)improve the physical design of neighbourhoods, streets and the public realm, making them safer, more attractive, more comfortable, more human in scale, and more respectful of cultural and natural heritage. Mr. Demczak opined that the proposal helped to contribute to these goals. [44]The witness explained to the Tribunal that the subject lands are in the “Rougemount Community” and that the proposal would be supporting that community’s population target of 3,400 persons for 2016, as identified in the City OP. - 68 - 15 OLT-21-001452 [45]Mr. Demczak highlighted that s. 3.9 identifies the subject lands as “Urban Residential Areas – Low Density Areas” which are to be use primarily for housing and related uses. [46]The witness emphasized s. 6.1 of the City OP, which encourages a broad variety of housing, and s. 6.5 which directs Council to maximize the efficiency of existing infrastructure through infill development. [47]Mr. Demczak referred to s. 9.2, which encourages developments designed to fit their contexts “by considering the mix of uses, and the massing, height, scale, architectural style and details of existing, adjacent buildings”. [48]Further he highlighted to the Tribunal that in Chapter 12 of the City OP, “Rougemount” is identified as Neighbourhood 5, and s. 12.7 specifically identifies Rougemount Drive as an area where new infill development is encouraged to be compatible with the character of existing development. [49]Mr. Demczak explained that Council had approved Amendment 40 to the City OP, which provided consideration, via the addition of Policy 3.9 (f) to the character of ‘Established Neighbourhood Precincts’ such as Rougemont. Council also adopted ‘Urban Design Guidelines for Infill & Replacement Housing in Established Neighbourhood Precincts’ (the “Urban Design Guidelines”). He opined that the latter considered the goals and objectives of urban design for infill housing, including points like reinforcing existing side lot setbacks, front yard setbacks, lot widths, ensuring that garages were flush with or behind so not dominant in the façade and encouraging the preservation of mature trees. [50]Mr. Demczak shared with the Tribunal an Urban Design Guideline Checklist from the City that he completed. It was his expert opinion that the intent and objectives of each item listed was individually and appropriately addressed with regard to the proposed development. - 69 - 16 OLT-21-001452 [51] Mr. Demczak stated that the proposal had been reviewed against the Urban Design Guidelines which is required by the City OP. He opined that the proposal was consistent with said guidelines regarding dwelling heights, depths, roof pitches, stairs and entrances, which will match the scale of the surrounding dwellings. [52] The witness highlighted the two City Planning Reports to the C of A (July 2021 and September 2021), in which staff comment that the proposal conforms to the intent of the City OP. [53] Mr. Demczak opined in summary that the proposal is consistent with the general intent and purpose of the City OP, as well as the Regional OP, and thereby meets the first test of a minor variance. Does it meet the general intent and purpose of the Zoning By-law? [54] Referring to the ZBL, the witness explained that the City’s ZBL No. 3036 and associated amending ZBL No. 2912/88 zones the subject lands as “One-Family Detached Dwelling Third Density Zone” (R3). [55] Mr. Demczak shared that the intent of the minimum lot frontage is to ensure the maintenance of the pattern and character of lots within a neighbourhood. He explained that the ZBL requires a minimum lot frontage of 18.0 m, and the proposed frontages range from 15.18 m to 15.34 m. [56] Mr. Demczak referred to an analysis of lot frontages in which he looked at 51 lots within the immediate neighbourhood context. His findings as outlined in the August 2021 Planning Justification Report showed that 58% (30 of 51) of the lots analyzed did not comply with the lot frontage provision of the ZBL. - 70 - 17 OLT-21-001452 [57]The witness also highlighted to the Tribunal that two of the Participants with properties on Rouge Hill Court have lot frontages of 14.85 m and 15.01 m, which are obviously smaller than the proposed lots would be. [58]In Mr. Demczak’s opinion, the proposed lot frontages are consistent with the intent and purpose of the ZBL. [59]Regarding the side yard setback provision in the ZBL, Mr. Demczak explained that the intent is to ensure spacing is adequate to allow drainage and maintenance , as well as to allow sky-view and sunlight. [60]The witness stated that the required side yard setback is 1.8 m, and the proposal features internal side yard setbacks of 1.52 m – 1.7 m. He noted that the side yard setbacks to the north and south of the proposal comply with the ZBL and t herefore do not impact the existing dwellings. [61]Mr. Demczak explained that there are existing examples of side yard setbacks that are less than those in the proposal and that reductions in side yard setbacks do exist within the neighbourhood. Therefore, he opined the proposed side yard setbacks are consistent with the character of the neighbourhood and meet the intent and purpose of the ZBL. [62]Regarding the proposed chimney breasts, the witness stated that the proposed encroachment would not affect drainage or maintenance and are therefore consistent with the intent and purpose of the ZBL. [63]In summary and based on the evidence presented, it was Mr. Demczak’s expert opinion that the proposed variances are consistent with the general intent and purpose of the ZBL. - 71 - 18 OLT-21-001452 Is it minor in nature? [64]Mr. Demczak opined that the variances proposed would not have significant adverse impacts on the surrounding properties or on the general streetscape. [65]With regard to the minimum lot frontage, in Mr. Demczak’s opinion, the pr oposed variances are similar to frontages that exist within the neighbourhood and as such are considered minor. [66]Mr. Demczak also pointed out that the proposed variances to lot width allow the creation of four lots that are more consistent with the charact er of the neighbourhood than the current frontage of 30.44 m. He opined that one, two or three large buildings on the existing site (options discussed at the public meetings) would have a denser built form and massing than what is proposed and thereby would have a negative visual impact individually and overall to the streetscape. [67]Mr. Demczak also stated that the proposed side yard setbacks are consistent with others found in the neighbourhood and for that reason should be considered minor in nature. [68]Regarding the proposed chimney breasts, the witness explained that the proposal encroaches 0.2 – 0.3 m beyond the permitted amount. Mr. Demczak stated that each chimney breast was located on the south side of each building to prevent the creation of a pinch point. He opined that there would be no impact on function, nor impact to neighbours and as such should be considered minor. [69]In conclusion, Mr. Demczak opined that the proposed variances should be considered minor in nature. - 72 - 19 OLT-21-001452 Is it desirable and appropriate? [70]Mr. Demczak opined that the proposed variances regarding lot frontages are similar to what already exists in the neighbourhood and would not result in development that is significantly different from the surrounding streetscape. [71]Regarding the variances required for the side yard setbacks, the witness opined that there would be no significant impact to the community character or surrounding streetscape. [72]He explained that: The prevailing character of building typology is being maintained, and the proposed massing, scale, setbacks, and landscaping that are summarized within the new Infill and Replacement Housing in Established Neighbourhoods Study and Urban Design Guidelines are being maintained with no negative impacts to adjacent properties or within the neighbourhood. [73]Mr. Demczak clarified that the proposal limits the impacts related to privacy, shadowing and overlook. He stated that the proposal supports the established patterns within the neighbourhood relating to side yard setbacks, separation between dwellings, lot widths and front yard setbacks. [74]The witness also explained that the proposal features garages which are flush with and behind the front main walls and therefore do not dominate the width of the façade. [75]For the reasons stated above, Mr. Demczak opined that the proposal is desirable and appropriate for the area. - 73 - 20 OLT-21-001452 [76]Concluding his opinions on s. 45(1) of the Act and the proposal’s assessment against the four tests, Mr. Demczak opined that the variances before the Tribunal: i.meet the general intent and purpose of the Regional and City OPs; ii.meet the general intent and purpose of the applicable ZBL; iii.are minor in nature, and; iv.are desirable and appropriate. [77]In summary it was Mr. Demczak opinion that his oral, written and visual evidence substantiates the general intent and purpose of both OPs and the ZBL will be maintained with the proposed development. He opined that the proposal has regard to Provincial interests set out in s. 2 of the Act, is consistent with relevant policies of the PPS and conforms to the Growth plan. Further, it was the opinion of the witness that no negative impacts will be felt by the proposal, that the variances are minor, and that the modest infill development proposed is compatible and augments the existing and evolving area which makes the proposal desirable and appropriate, and thus represents good planning in the public interest. Participants [78]The primary concerns cited on the Participant statements provided to the Tribunal focused on upholding the refusal of the C of A. The Participants stated that the proposed MVs fail the four tests of the Act. Other concerns raised focused on lot fabric and compatibility, as well as the proposal being too dense and out of character for the area. Further concerns cited the homes being too large and the disruption to the area during construction. [79]Mr. Rohn shared some historical context for the area and explained that the neighbourhood was a mixture of new and old homes. He clarified that he was speaking specifically to the Rougemount Drive neighbourhood, which was considered the ‘Bridle - 74 - 21 OLT-21-001452 Path’ of the City, was zoned R3 with 60 ft. (18.29 m) lot frontages and had been given a special designation by Council. [80] Mr. Rohn stated that he did not have concerns with the Rouge Hill Court part of the proposal and stated that neighbourhood was not part of the special designation. [81] Mr. Rohn cited concerns with the proposed variance to the minimum lot frontage which he stated was not in character with the Rougemount Drive neighbourhood. He highlighted to the Tribunal that the community would approve of a larger build and that an 8,000 to 10,000 square foot dwelling was being constructed directly across from the subject lands. [82] Mr. Rohn reiterated his concern that the lot frontage was less than required by the R3 designation, stated that there was no need to put the chimney breasts where they were, and highlighted that the builder could have considered other options. [83] The Tribunal asked Mr. Demczak to respond to Mr. Rohn’s concerns. Mr. Demczak highlighted that from a planning perspective, in the City OP, both Rougemount Drive and Rouge Hill Court are within the Urban Residential Area category and are both Low Density Areas. [84] Mr. Demczak further explained that regarding the ZBL, Rougemount Drive was in the R3 zone which permits one-family dwellings, and that through his analysis he had not identified and was not aware of any special planning designation for the area, particularly any in-force at this time. It was Mr. Demczak’s opinion that from a land-use planning perspective, all in-force planning documents and instruments have been reviewed and the proposed development is in keeping and adheres to policies relevant to the area and specifically the subject lands. [85] Having reviewed the Participant statements provided and heard from Mr. Rohn, the Tribunal is satisfied the evidence heard and submissions provided have taken into - 75 - 22 OLT-21-001452 account the concerns and issues cited by the Participants. The Tribunal made clear at the Hearing, that regard was given to the Decision of the C of A; however, the matter was now before the Tribunal as a Hearing de novo, and as such the totality of the evidence provided for this matter would be considered, with appropriate weight given to the expert testimony provided. FINDINGS AND ANALYSIS [86]The Tribunal is satisfied with the uncontroverted expert evidence of Mr. Demczak in support of the variances and severances sought by the Appellant. This is further augmented with both the City and Regional Planning Reports found in Exhibit 2, that were generally supportive of the proposal. [87]The Tribunal finds that the proposed streetscape and lot fabric abutting both Rougemount Drive and Rouge Hill Court are compatible, and the dimensions and shapes of the proposed lots are desirable and appropriate for the neighbourhood and for the residential use of the land. [88]The Tribunal has determined that the proposal has met and has regard to Provincial interest in s. 2 and the criteria of s. 51(24) of the Act. Further, the Tribunal is satisfied that a plan of subdivision is not necessary for the orderly development of the subject lands, as may be required in s. 53(1) of the Act. [89]The Tribunal is satisfied that the proposal is compatible and fits in harmoniously with the character of the area. Further, the Tribunal finds that the proposal provides and adds to the adequate provisions of a full range of housing, orderly development of safe and healthy communities and is an appropriate location for growth and development. The proposal maintains the purpose and intent of the OPs and the subject lands are considered a suitable location for infill development that is supported by existing municipal infrastructure. - 76 - 23 OLT-21-001452 [90]The Tribunal finds that the proposal is consistent with the policy direction established by the PPS and conforms to the Growth Plan , as well as the City and Regional OPs. The Tribunal is further satisfied that the proposal represents development that is considered to be a minor infilling of an under -utilized property, that is consistent with the principles of good land use planning and is in the greater public interest. [91]The Tribunal is satisfied that the evidence provided in evaluating the four tests set out in the Act is sufficient and provides the Tribunal the ability to determine that the proposal and MVs sought: i.do meet the general intent and purpose of the Regional and City OPs; ii.do meet the general intent and purpose of the ZBL; iii.are minor in nature; and iv.are appropriate and desirable. Proposed Conditions of Approval [92]The Tribunal has reviewed the proposed conditions of approval provided at this Hearing and has determined them to be sufficient and appropriate for provisional approval of the Consents and Variances sought. ORDER [93]THE TRIBUNAL ORDERS that the appeal is allowed and the provisional consents are to be given subject to the conditions set out in Attachment “1” to this Order. The owner shall have two (2) years from the issuance of this Order to clear the conditions of approval. - 77 - 24 OLT-21-001452 [94]THE TRIBUNAL ORDERS that the appeal is allowed and variances to By-law No. 3036, as amended by Zoning By-law No. 2912/88 are authorized as set out in the “relief applied for” column in Attachment “2” to this Order. [95]THE TRIBUNAL ORDERS that the approval of the provisional consents, are to be in substantial conformity to Attachment “3” attached to this Order. “M. Russo” M. RUSSO MEMBER “S. Bobka” S. BOBKA MEMBER Ontario Land Tribunal Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248 The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal. - 78 - 25 OLT-21-001452 OLT-21-001452 – Attachment 1 Consent Conditions of Approval THAT Provisional Consent for appeals be granted, subject to the following conditions: Regional Planning and Economic Development Conditions: i. A clearance letter from the City of Pickering acknowledging that the retained and severed parcels comply with the requirements of the City’s Zoning By-law; ii. Additional environmental soils and ground water investigation work that satisfies the requirements of the Region of Durham’s Soil and Groundwater Assessment Protocol (SGAP); iii. An Archaeological Site Assessment and a clearance letter from the Ministry of Heritage, Sport, Tourism and Culture Industries (MHSTCI) for the work conducted; iv. A Noise Impact Study, and enter into a Land Titles Agreement with the Region, which registers any recommended warning clauses on title; v. A letter from the applicant confirming that the subject Land Division Applications (LD 097/2021 to LD 099/2021) will be completed in chronological order; and vi. A cover letter with the associated supporting materials, demonstrating how Conditions i) and vi) have been addressed. Regional Works Conditions: In order to satisfy the Regional Works Department conditions, the applicant will be required to fulfil the following: i. Payment for 4 sanitary service connections at $3,843.00 per connection (flat rate): = $15,372.00. ii. Payment for 4 water service connection at $3,700.00 per connection (flat rate): = $14,800.00. iii. Payment for Sanitary Sewer Frontage at $507 per metre. ($507x30.44): = $15,433.08. - 79 - 26 OLT-21-001452 Administrative Conditions: i. That the applicant submits two copies of a registered plan on the subject parcel. ii. Provisional Consent of the three applications are subject to the following time periods: If information is required in an accessible format, please contact Susanne Maurer at 1-800-372-1102 ext. 2083. • Last date for fulfilling Conditions: Two years from date of approval • Expiry Date of Applications LD 097/2021 to LD 099/2021: Two years and 1-month date of approval iii. Land division applications must be completed in chronological order (LD 097/2021 to LD 099/2021). - 80 - 27 OLT-21-001452 OLT-21-001452 – Attachment 2 Part 1: Part 2: - 81 - 28 OLT-21-001452 Part 3: Part 4: - 82 - 29 OLT-21-001452 OLT-21-001452 – Attachment 3 - 83 - April 12 2022 RE: MORE HOMES FOR EVERYONE ACT At the meeting held on April 6, 2022, Council of the Township of Mulmur passed the following resolution regarding the More Homes for Everyone Act. Moved by Clark and Seconded by Hawkins WHEREAS Council supports removing red tape and expediting the creation of affordable housing through the proper review and approval AND WHEREAS Council values citizen input, professional planning recommendations and elected Official decision making; NOW THEREFORE, Council provides the following comments on Bill 109: 1.Final Decision making should rest with elected officials 2.Planner’s recommendations should be subject to public input and local expertise 3.Ratepayers should not be subsidizing development app lications through refunds to application fees intended to cover the cost of processing applications 4.That a definition of minor rezoning has not been established 5.Planners should not be put in a position of having to be experts and decision makers over all other disciplines 6.Delegating authority for site plans and creating penalties for site plan and minor rezonings will not solve housing crisis, as the proposed legislation targets single lot developments opposed to large scale residential development AND FURTHER THAT a copy of this resolution be forwarded to the Province of Ontario, Ministry of Municipal Affairs and Housing, Environmental Registry, the County of Dufferin and all Ontario municipalities. CARRIED. Sincerely, Tracey Atkinson Tracey Atkinson, CAO/Clerk/Planner Township of Mulmur Corr. 19-22 - 84 - Report to Council Report Number: BYL 03-22 Date: April 25, 2022 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Proposed Reduced Weekday Parking Rate for Nautical Village - File: L-2220-001-22 Recommendation: 1. That Report BYL 03-22, regarding parking rates affecting businesses in the Nautical Village, be received; 2. That Council approve a reduced rate of $2.50 per hour for parking Monday to Friday between the hours of 9:00 am to 5:00 pm in the Nautical Village (consisting of the lay-by parking spaces on Liverpool Road and the Liverpool Road parking lot) from May 1st to October 1st annually; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: As per Resolution #728-21, Council approved the implementation of the paid parking program at the City’s waterfront parking lots and paid permit parking on one side of waterfront area streets from May 1st to October 1st annually as set out in Report BYL 02-21 (see Attachment 1). More specifically affecting the businesses in the Nautical Village, Council approved an hourly parking rate for City waterfront parking lots, and on-street parking areas at a rate of $5.00 per hour, setting a maximum parking time of six hours. The parameters of the waterfront paid parking program, proposed by staff in Report BYL 02- 21, took into account the results of an extensive public consultation program. As stated in that report, staff received valuable feedback which identified that further consultation is required with businesses of the Nautical Village to develop a paid parking program for their customers. Since that time, staff consulted with business owners in the Nautical Village to discuss the paid parking program. Based on that consultation staff recommend that the rate for parking in the Nautical Village (specifically the Liverpool Road lay-by parking spaces and the Liverpool Road parking lot) be reduced during the hours of Monday to Friday between 9:00 am to 5:00 pm, to a rate of $2.50 per hour. Financial Implications: Given the lack of data specifically related to the utilization of the Liverpool Road lay-by parking spaces and the Liverpool Road parking lot, it is impossible to determine with precision the impact on revenue that will result from the recommended rate reduction. Notwithstanding this lack of specific data, the reduction of revenue can be estimated at $58,500.00. -aft;of- Pl(KER]NG - 85 - BYL 03-22 April 25, 2022 Subject: Proposed Reduced Weekday Parking Rate for Nautical Village Page 2 There are 117 parking spaces available in the Nautical Village area, located in the lay-by parking along Liverpool Road and the Liverpool Road parking lot. After consultation with residents and business owners in the Nautical Village, staff estimate that: (a) 50% of people parking in the Nautical Village area on weekdays are Pickering residents (who park at no charge), and (b) parking during the week in the Nautical Village is at approximately 50% capacity. Nautical Village parking revenues can thus be estimated on the basis of half of the 117 parking spaces (58.5 spaces) being used 50% of the time generating revenue at the current Council-approved rate of $5.00 per hour, weekdays from 9 am to 5 pm. This would result in revenue of $117,000.00. At a reduced rate of $2.50 per parking space per hour, the revenue would be reduced by $58,500.00. Discussion: As per the information provided in Report BYL 02-21 presented to Council at the Executive Committee meeting of November 1, 2021, staff have engaged in discussions with business owners in the Nautical Village to develop a parking program for their customers. A virtual meeting was held with business and property owners in the Nautical Village on Thursday April 7, 2022. Staff heard comments regarding the number of customers that are not residents of Pickering, and the need for parking solutions to be simple and not cost-prohibitive, to ensure customers are not dissuaded from patronizing area businesses. With the HotSpot Parking software now being implemented by the City, there are two options available to introduce a parking rate reduction in the Nautical Village from Monday to Friday between the hours of 9:00 am and 5:00 pm. 1) The first option is a parking reservation system that could limit the reduced rate to customers of Nautical Village businesses only. It was only available at a flat rate, so a $5.00 flat rate would assist customers staying for two hours or more, but offer little benefit to customers that stayed one hour or less. This option would also require a pre-registration system, with customers booking a flat rate for a chosen time period, either through a participating local business or through the HotSpot system. This would not be a reservation of any particular parking space. 2) The second option is to introduce a reduced rate of $2.50 per hour in the Nautical Village area from Monday to Friday between 9:00 am to 5:00 pm. This will benefit all persons using paid parking spaces in the Nautical Village. Residents will continue to park for free by pre- registering for their free parking permit. Staff recommend the second option because it is simpler for users and simpler to administer. This option will benefit businesses, customers and all visitors to the Nautical Village area. To be clear, this rate reduction will only be in place in the Nautical Village, for the lay-by parking spaces on Liverpool Road, and in the Liverpool Road parking lot. If this rate reduction outlined Option #2 is approved by Council, staff will monitor its implementation and operation to determine if it increases daytime waterfront usage, which may in turn necessitate providing additional staff coverage for parking patrols during weekday daytime hours. Staff will also include information regarding reduced rate parking usage in the - 86 - BYL 03-22 April 25, 2022 Subject: Proposed Reduced Weekday Parking Rate for Nautical Village Page 3 Nautical Village as part of the overall review of the first season of the Waterfront Permit Parking program. Attachments: 1.Report BYL 02-21 Prepared By: Approved/Endorsed By: Kimberly Thompson Paul Bigioni Manager, Municipal Law Enforcement Services Director, Corporate Services & City Solicitor KT:ks Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By:Original Signed By: Original Signed By: - 87 - Report to Executive Comittee Report Number: BYL 02-21 Date: November 1, 2021 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Waterfront Parking -Current and Proposed Actions -File: L-2000 Recommendation: 1.That Council approve the implementation of paid parking at the City’s waterfront parking lots (Liverpool Road, Beachpoint Promenade, and Progress Park), and paid permit parking on one side of waterfront area streets (see Attachment No. 1 – maps) from May 1st to October 1st annually; 2.That Council direct staff to communicate with residents on Park Crescent, Rodd Ave., and Bellavista Drive to determine if it is advisable to apply similar restrictions in these locations; 3.That Council approve a no charge permit for all Pickering residents who pre-register, which will allow use of the waterfront lots and on-street permit parking by City residents at no charge; 4.That Council approve an hourly parking rate for City waterfront parking lots, and on-street parking areas at a rate of $5.00 per hour, setting a maximum parking time of six hours; 5.That Council authorize staff to develop a permit system for each waterfront street household to accommodate guest parking; 6.That Council approve free parking for accessible parking permit holders and vehicles bearing veterans’ plates; 7.That the City continue to investigate options to create additional parking in the waterfront areas; 8.That Council provide pre-budget approval of $75,000.00 to award a procurement process yet to be conducted to solicit bids for software and hardware options; 9.That staff be directed to include in the draft 2022 current budget the additional staffing set out in this report to support the implementation and administration of the foregoing Recommendations; and, Attachment #1 to Report BYL 03-22 -aft;of- Pl(KER]NG - 88 - BYL 02-21 November 1, 2021 Subject: Waterfront Parking Page 2 10. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Executive Summary: As per Council Resolutions 636/21 and 637/21, staff have completed a public consultation to obtain feedback from residents regarding the adequacy of the City’s current parking measures and the proposal to implement paid permit parking, both on-street and at City waterfront parking lots. The Recommendations above have been formulated by City staff taking the results of the public consultation into account. This report contains the results of the public consultation, which was active from August 5 through September 12. The public consultation received 994 visits. Of these, 413 people completed the associated survey and 120 people completed the quick poll. There is substantial public support for introducing prohibited parking on one side of waterfront area streets, paid parking at the waterfront parking lots, on-street permit parking, and free permit parking for residents, accessible permit holders and veterans. It is noteworthy that 53.3% of the quick poll respondents access the waterfront by walking. The survey also included a question to determine if waterfront parks should close earlier than midnight from April 1st to September 30th. A majority of survey respondents (63.2%) were opposed to closing the parks earlier. In addition to the Waterfront Parking Public Consultation, City Development also conducted a separate Waterfront and Nautical Village Community Engagement Survey. Out of the 153 responses received, 74 mentioned parking as an issue. Staff considered all aspects of moving forward with this project at this point in time. While the waterfront area has seen an extraordinary increase in usage during the COVID pandemic, questions have been raised about the necessity of implementing long-term parking policies that may not be required when daily routines return to normal. Given the Town of Ajax decision to implement paid waterfront parking, however, staff anticipate that Pickering waterfront parking usage will continue at an increased level. Staff propose the implementation of the recommendations above to mitigate waterfront parking problems, however, the fundamental cause of these problems is insufficient parking space. The City must continue to search for additional parking areas to accommodate the needs of residents and visitors. Pickering’s waterfront areas are highly valued recreational amenities. As such, staff will continue to explore options to improve the waterfront experience of both visitors and area residents. Financial Implications: Implementation of the Recommendations in this report is expected to result in an increase in net parking revenues for the City by $290,625.00. That being said, the following matters will need to be provided for in the City’s budget, starting in 2022, to implement and administer paid and permit parking in accordance with the Recommendations: 1. Software and hardware: Parking management software and hardware acquisitions may be made by outright purchase, or on a fee per transaction basis. Staff will complete their review of the available options. Staff favour a combined approach that consists of - 89 - BYL 02-21 November 1, 2021 Subject: Waterfront Parking Page 3 leased software and purchased hardware (such as licence plate recognition equipment and physical kiosks), with cost recovery achieved through service fees. It is estimated that software/hardware system costs of approximately $75,000.00 will be required for the first year, with annual operating costs ranging from $5,000.00 to $10,000.00 depending on the operating system implemented. 2. Staffing: The number of Summer Enforcement Officers will need to be increased in order to enforce the new paid and permit parking system. This requires an enforcement presence seven days a week, from 9 am to 10 pm, including statutory holidays at an estimated cost of $68,000.00. A Supervisor, Parking Enforcement position should also be created to manage software, hardware, resident permits, all parking related operations, and other City enforcement initiatives, commencing May 1st, at an estimated cost of $61,340.00 for the first year, and $92,000.00 annually going forward. The cost of data entry for resident parking permits would be absorbed through existing staffing. 3. The estimated cost for associated signage will be $20,000.00. Initial calculations on projected revenue from waterfront parking lots and on-street permit parking estimates revenue will be $290,625.00. This will more than offset the costs of implementing and administering the paid and permit parking recommended in this report. The costs and revenues arising from the Recommendations in this report are as follows: Annual estimated cost to implement and administer: $224,340.00 Annual estimated revenue: $290,625.00 Net annual revenue: $ 66,285.00 Discussion: Pursuant to Council’s Resolutions 636/21 and 637/21, a public consultation was undertaken by staff and posted on the City’s website and social media accounts from August 5 to September 12, 2021. The information was viewed by over 994 visitors to the website, with 413 responses to the survey and 120 responses to the quick poll. Community engagement and communication efforts included: • Displayed on the City’s digital community signs for the same time period. Locations include: Civic Complex, Western Gateway (Kingston Rd. and Altona Rd.), Chestnut Hill Developments Recreation Complex, Centennial Park, CN Bridge, Kingston Road, west of Dixie Road • Issued a media release August 9, 2021 • Postal walk mailing to all waterfront community residences • Scheduled social media posts on all corporate channels as well as shared with Community Neighbourhood FB Groups (throughout time period noted) • Shared content pieces (image and copy) to Mayor and Council EAs for Mayor and Council social and newsletter consideration • Shared to City’s online corporate Newsletter (August 10) Information also appeared in three community page ads, directing the public to the City’s Let’s Talk Pickering feature to complete the survey and view the information provided. In addition, a - 90 - BYL 02-21 November 1, 2021 Subject: Waterfront Parking Page 4 number of residents chose to submit emails, letters or telephone calls to provide their comments and suggestions, support for proposed parking control measures, and suggestions on options that the City could investigate further. Highlights of the public comments follow the survey information outlined below. Staff prepared the survey questions (See Attachment 2 for full survey information) below, and a detailed map of waterfront area streets affected (See Attachment 1). The survey questions and responses were as follows: 1) Would you support prohibited parking on one side of all (waterfront) residential streets? Yes 81.3% 2) If paid parking was introduced, who should have access to no cost or low costing parking options? All Pickering residents -72.9% 3) If introduced, please select your preferred on-street permit parking time frame: Every day from May to October -35.6% 4) Should vehicles with Veterans’ Plates be provided with free parking? Yes 73.4% 5) Should vehicles with accessible parking permits be provided with free parking options? Yes 63.4% 6) Currently Pickering’s parks and waterfront areas close at midnight during April 1 to September 30, and 10:30 pm during October 1 to March 31. Would you like to see an earlier closing time for the April 1st to September 30th period? No 63.2% 7) If introduced, should on-street permit parking rates be: Hourly 55.8% 8) Should there be a maximum time limit that vehicles are permitted to park? Yes 64% 9) Are you in favour of allowing waterfront area residents to have non-paying street parking guests? Yes 60.8% 10) Please state your preferred option for guest vehicles of waterfront area properties: Provide 2 permits per household that are valid throughout the year for any guest vehicles. 63.6% Reduced # responses, 163 skipped - 91 - BYL 02-21 November 1, 2021 Subject: Waterfront Parking Page 5 11) Should the City implement paid parking at its waterfront parking lots? Yes 68% 12) Should residents be provided free parking in waterfront lots? Yes 72.9% 13) If residents are granted free parking in waterfront lots, a registration process will be required. Should there be a minimal registration fee to assist the City in recovering administrator costs? No 52.1% 14) Should there be a time limit vehicles can park at City waterfront lots, for both paid parking and residents with permits? Yes 58.2% Quick Poll: 120 responses How do you typically get to Pickering’s waterfront areas? Drive & Park 46.7% Walk 53.3% Comments Received Include: • Explore additional parking options along the east end of the waterfront. I would ask that the City explore how to expand on lakeshore access and parking via Sandy Beach Road and Alex Robertson Park • Offer discounted annual passes to those who need to be in the area multiple times per week • Offer small businesses the opportunity to purchase discount passes that can be distributed to staff and/or regular visitors • Create a shuttle system, using the auxiliary GO lot on Bayly, to shuttle back and forth to the waterfront • Agrees with prohibited parking on one side of all waterfront area streets, set a maximum time period for parked vehicles on city owned waterfront lots, provide residents with no cost/low cost permit option, disagrees with permit parking on Front St from Commerce to Annland as it would cause too much congestion • Put in angled parking Rotary Frenchman’s Bay West Park for 2-3 times the vehicles. Why do the walking paths cross the road multiple times? • Create more parking around the perimeter. Widen Westshore Blvd and Sunrise Avenue with shoulders on the park side • Build sidewalks allowing people to walk safely from greater distances • Plan is principally intended to protect existing residents from seeing parked cars. Unfriendly to all visitors, whether from Pickering or out of town - 92 - BYL 02-21 November 1, 2021 Subject: Waterfront Parking Page 6 • I feel that this situation will subside significantly once things open up and people go about their normal routines. My advice is grin and bear it for one more summer and re- visit later • Pleased to see the City considering paid parking and hope this program moves forward • Can residents of each street effectively hoard permitted parking spaces by coordinating guest permits throughout the year? • Would the City consider a revenue sharing program with the local streets near the Waterfront area to support street-cleaning, sidewalk repair, tree planting, street beautification programs, etc.? • Under a maximum time period model, wouldn’t users be less incentivized to park for shorter durations and instead use the full amount of their allotment • Waterfront area residents should be allowed to have non-paying street parking guests. • Is the City charging for parking only between May and October when parking demands are likely highest, and a demand management program (aka paid parking) is necessary? Operational Recommendations: The feedback received has brought forward valuable suggestions. City Staff from Economic Development, Engineering and Municipal Law Enforcement Services will work with businesses in the Nautical Village to develop a parking program for their customers. Staff will also consider whether a seasonal pass should be made available to those who access the waterfront areas on a regular basis, such as dragon boat paddlers. Feedback was also received regarding the need to permanently increase the number of accessible parking spaces in the lot at Liverpool Road. Engineering staff are reviewing accessible parking spaces in this location. In response to the feedback from the public, staff are recommending that accessible permit holders utilizing accessible spaces, and vehicles with Veteran’s plates be provided free parking. Alex Robertson park will not be designated as a paid parking lot at this point, due to the potential impact on Kinsmen Park users, however, staff will monitor parking activity in this location. In addition, on-street parking on Park Crescent, Rodd Avenue, and Bellavista Drive should also be considered as paid parking areas, and staff seek Council direction to expand the community consultation to these areas. Potential Costs: There are multiple options to manage paid and permit parking including pay per plate systems, digital parking systems, physical kiosks. Staff will undertake a full Request for Quotation process through Supply and Services with Council approval. While some aspects of parking management can be funded on a fee per service basis, others cannot. Specifically, physical hardware such as licence plate recognition software and kiosks may require an upfront expenditure to purchase and implement. Staff have received some preliminary proposals that support a 2022 budget provision of not more than $75,000.00 to implement paid waterfront parking. Implementation of paid parking necessitates a level of enforcement that cannot be provided by the current staff complement. It will be necessary to add parking enforcement coverage from 9 - 93 - BYL 02-21 November 1, 2021 Subject: Waterfront Parking Page 7 am through 10 pm daily from May through October 1st in order to enforce paid and permit parking restrictions at all times when parking is allowed. Staff propose increasing the number of term Summer Enforcement Officers to provide the needed extra coverage for parking and allow flexibility in staff duties to ensure coverage is always available. In addition, the creation of a Supervisor, Parking Enforcement is recommended to provide ongoing supervision and management of the software, hardware, staff, resident permit system, parking ticket review, court appearances, and administration. Cost/Revenue Analysis: At this point in time, a preliminary survey of all residential streets to determine the number of potential permit parking spaces has been completed. Staff estimate that there will be approximately 400 on-street permit parking spaces. (See Attachment 3). Revenue figures are based on existing waterfront parking lot spaces at Liverpool Road, Progress Park, and Beachpoint Promenade (parking lot and street spaces), and projected on-street spaces. In order to project the potential revenue generated, staff consulted Environics Inc. and received reports through their Mobilescapes program. The data provided by Environics indicated that from May 1 through August 1 of 2021, 21% of trips to the waterfront originated in Pickering, while the remaining 79% were from other municipalities. This information is required to determine the percentage of potential free Pickering resident permit holders, vs. the non-resident and un-registered users who will be required to pay for parking. The following chart gives a breakdown of visitors: Waterfront Parking Visitors Origin Pickering, 21% Toronto, 36.60% Ajax, 11.20% Markham, 6.69% Whitby, 4.90% Oshawa, 4.18% All Other, 15.28% Based on this information, staff have estimated that 25% of parking spaces in City parking lots will be used by resident permit holders at no charge. (Staff note that the Town of Ajax has issued a total of 7,100 free permits to residents.) - 94 - BYL 02-21 November 1, 2021 Subject: Waterfront Parking Page 8 Of the 167 permanent parking spaces in the Liverpool Road lot, Progress Park and Beachpoint Promenade (accessible parking spaces not included), subtracting 25% of the spaces for resident use leaves approximately 125 spaces that will be paid vehicle parking. If the waterfront lots were filled to capacity from 9 am – 10 pm daily, from May to October, after subtracting 25% for residents’ use, the maximum revenue that could be generated is approximately $1,243,125.00 (125 spaces X 13 hrs/day X 153 days X $5/hr). Given fluctuations in weather conditions, lower usage numbers during May/June and September/October, and the lack of statistical data regarding existing parking lot usage (including times of use and resident vs. non-resident use) staff conservatively project revenue from waterfront lots at 20% of the maximum, or $248,625.00. On-street permit parking is generally utilized only when waterfront parking lots are full. To account for this, staff estimated the use of on-street parking spaces (and the anticipated revenue from them) on the assumption that their use would be limited to weekends and statutory holidays between July and August, from 11 am to 6 pm. Estimating that 25% of on- street parking spaces would be used by residents at no charge, this leaves 300 spaces. 300 X 20 days x 7 hrs/day x $5.00/hr = $210,000.00 in potential revenue from on-street parking spaces. Projecting revenue more conservatively at 20% of that amount results in an estimate of $42,000.00 in annual on-street parking permit revenue. Based on the foregoing, the total projected revenue from the City’s parking lots and on-street parking spaces is $290,625.00. Cost vs Revenue Comparison: Annual estimated cost to implement and administer: $224,340.00 Annual estimated revenue: $290,625.00 Net annual revenue: $ 66,285.00 This net revenue can be applied against the City’s other waterfront enforcement costs. This reduces the tax burden of waterfront enforcement generally, which is appropriate given that 79% of visitors to the waterfront are not Pickering residents. Parking Management Subject to Council’s approval, staff will commence a procurement process in accordance with the City’s Purchasing Policy to determine the best type of parking management software to ensure ease of use, customer access and functionality to meet the needs of both waterfront visitors and City administration. There are a number of options available including pay by space, pay by plate, pay and display, as well as potential enforcement models incorporating licence plate recognition software. - 95 - BYL 02-21 November 1, 2021 Subject: Waterfront Parking Page 9 Continued Search for Additional Parking Areas: While the current review and implementation of waterfront parking strategies will better manage vehicular traffic at the waterfront and address some of the concerns of area residents, a key issue continues to be inadequate parking to accommodate large numbers of visitors. While expanding some on-street permit parking areas, such as Westshore Blvd and Sunrise Avenue, will add additional spaces, staff will continue to investigate additional parking options to alleviate the parking problems experienced in the City’s waterfront areas. Attachments: 1. Waterfront Street Map of Prohibited Areas & Permit Parking 2. Survey Summary 3. Calculation of permit parking spaces per street Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Kimberly Thompson, Manager, Municipal Law Enforcement Services Paul Bigioni, Director, Corporate Services & City Solicitor KT:ks Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 96 - Legend Existing parking and/or stopping restrictions Proposed Prohibited Parking Lay-by Parking Potential Permit Parking Existing Permit Parking Potential Permit Parking on Front Road (west side) from Commerce to Annland N P P P Engineering Services Department Potential Permit Parking Liverpool Road and Surrounding Area NTS July, 2021 Attachment #1 to Report BYL 02-21 PLOT DATE: Kro \ \ -~of- PJ(KERJNG - 97 - N 9pm-6am only south side Restrictions during school hours Restrictions during school hours P Stopping restrictions during school hours Legend Existing parking and/or stopping restrictions Lay-by Parking Proposed Prohibited Parking Potential Permit Parking Engineering Services Department Potential Permit Parking West Shore Boulevard and Surrounding Area NTS July, 2021 I ::. ;o a. PLOT DATE: (/) 0/ :, <>'castle Ct (fl ll> :::, 0 ,c 0 z 0 < "' (fl ernew 9 ' ,: :,_ __ ...,____ •: I • I : I • I : I • lJ h • t : ~: I : I : I • I • I : : : ~.:-----~: .1.:,-----:: ......... . ------...... . ~of PlCKERlNG - 98 - Project Report 21 May 2021 - 13 September 2021 Let's Talk Pickering Waterfront Parking 750 Visitors Summary Highlights TOTAL MAX VISITORS PER VISITS DAY 998 142 NEW REGISTRATI ONS 500 134 250 ENGAGED VISITORS 16 Aug '21 30 Aug '21 13 Sep '21 423 Pageviews Visitors INFORMED AWARE VISITORS VISITORS 703 887 Aware Participants 887 Engaged Participants 423 Aware Actions Performed Participants Engaged Actions Performed Registered Unverified Anonymous Visited a Project or Tool Page 887 Informed Participants 703 Contributed on Forums Participated in Surveys Contributed to Newsfeeds Participated in Quick Polls Posted on Guestbooks Contributed to Stories Asked Questions Placed Pins on Places Contributed to Ideas 0 414 0 121 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Informed Actions Performed Participants Viewed a video Viewed a photo Downloaded a document Visited the Key Dates page Visited an FAQ list Page Visited Instagram Page Visited Multiple Project Pages Contributed to a tool (engaged) 0 0 112 0 0 0 228 423 Attachment #2 to Report BYL 02-21 • •, 1...-• BANG THE TABLE ."J -.. engagementHa • r r - 99 - Let's Talk Pickering : Summary Report for 21 May 2021 to 13 September 2021 ENGAGEMENT TOOLS SUMMARY 0 FORUM TOPICS 1 SURVEYS 0 NEWS FEEDS 1 QUICK POLLS 0 GUEST BOOKS 0 STORIES 0 Q&A S 0 PLACES Tool Type Engagement Tool Name Tool Status Visitors Contributors Registered Unverified Anonymous Survey Tool Take our survey! Archived 584 414 0 0 Quick Poll How do you typically get to Pickering's waterfront areas? Archived 121 121 0 0 Page 2 of 18 - 100 - Let's Talk Pickering : Summary Report for 21 May 2021 to 13 September 2021 INFORMATION WIDGET SUMMARY 1 DOCUMENTS 0 PHOTOS 0 VIDEOS 0 FAQS 0 KEY DATES Widget Type Engagement Tool Name Visitors Views/Downloads Document Waterfront Parking Map 112 116 Page 3 of 18 - 101 - Let's Talk Pickering : Summary Report for 21 May 2021 to 13 September 2021 ENGAGEMENT TOOL: SURVEY TOOL Take our survey! Visitors 584 Contributors 414 CONTRIBUTIONS 414 Would you support prohibited parking on one side of residential streets? 331 (81.1%) 77 (18.9%) Question options Yes No Optional question (408 response(s), 6 skipped) Question type: Radio Button Question Page 4 of 18 • • - 102 - Let's Talk Pickering : Summary Report for 21 May 2021 to 13 September 2021 If paid parking was introduced, who should have access to no cost or low cost parking options? 111 (27.1%) 299 (72.9%) Question options Residents of the waterfront-area streets only All Pickering residents Optional question (410 response(s), 4 skipped) Question type: Dropdown Question Page 5 of 18 • • - 103 - Let's Talk Pickering : Summary Report for 21 May 2021 to 13 September 2021 If introduced, please select your preferred on-street permit parking time frame: 121 (29.4%) 146 (35.5%) 144 (35.0%) Question options Year-round Every day from May through October Weekends only from May through October Optional question (411 response(s), 3 skipped) Question type: Dropdown Question Page 6 of 18 • • • - 104 - Let's Talk Pickering : Summary Report for 21 May 2021 to 13 September 2021 Should vehicles with Veteran’s Plates be provided with free parking options? 303 (73.2%) 111 (26.8%) Question options Yes No Optional question (414 response(s), 0 skipped) Question type: Radio Button Question Page 7 of 18 • • - 105 - Let's Talk Pickering : Summary Report for 21 May 2021 to 13 September 2021 Should vehicles with Accessible Parking Permits be provided with free parking options? 261 (63.5%) 150 (36.5%) Question options Yes No Optional question (411 response(s), 3 skipped) Question type: Radio Button Question Page 8 of 18 • • - 106 - Let's Talk Pickering : Summary Report for 21 May 2021 to 13 September 2021 Currently, Pickering's parks and waterfront areas close at midnight during April 1 - September 20 and 10:30 pm during October 1 - March 31. Would you like to see an earlier closing time for the April 1 - September 20 period? 152 (36.7%) 262 (63.3%) Question options Yes No Optional question (414 response(s), 0 skipped) Question type: Dropdown Question Page 9 of 18 • • - 107 - If introduced, should on-street permit parking rates be: 250 225 200 175 150 125 100 75 50 25 227 187 Question options Hourly Flat rate Optional question (408 response(s), 6 skipped) Question type: Checkbox Question Let's Talk Pickering : Summary Report for 21 May 2021 to 13 September 2021 Page 10 of 18 • • - 108 - Should there be a maximum time limit that vehicles are permitted to park? 300 275 250 225 200 175 150 125 100 75 50 25 262 149 Question options Yes No Optional question (411 response(s), 3 skipped) Question type: Checkbox Question Let's Talk Pickering : Summary Report for 21 May 2021 to 13 September 2021 Page 11 of 18 • • - 109 - Let's Talk Pickering : Summary Report for 21 May 2021 to 13 September 2021 Are you in favour of allowing waterfront-area residents to have non-paying street parking guests? 252 (60.9%) 162 (39.1%) Question options Yes No Optional question (414 response(s), 0 skipped) Question type: Dropdown Question Page 12 of 18 • • - 110 - Let's Talk Pickering : Summary Report for 21 May 2021 to 13 September 2021 Please state your preferred option for guest vehicles of waterfront-area properties: 83 (33.1%) 159 (63.3%) 9 (3.6%) Question options Limit a household to a set number of guest vehicles at no charge per year Provide 2 permits per household that are valid throughout the year for any guest vehicles Option 3 Optional question (251 response(s), 163 skipped) Question type: Dropdown Question Page 13 of 18 • • • - 111 - Should the City implement paid parking at its waterfront parking lots? 300 275 250 225 200 175 150 125 100 75 50 25 279 137 Question options Yes No Optional question (412 response(s), 2 skipped) Question type: Checkbox Question Let's Talk Pickering : Summary Report for 21 May 2021 to 13 September 2021 Page 14 of 18 • • - 112 - Should residents be provided free parking in waterfront lots? 325 300 275 250 225 200 175 150 125 100 75 50 25 302 54 69 Question options Yes No Yes, but with a limited number of free visits per resident vehicle Optional question (414 response(s), 0 skipped) Question type: Checkbox Question Let's Talk Pickering : Summary Report for 21 May 2021 to 13 September 2021 Page 15 of 18 • • • - 113 - If residents are granted free parking in waterfront lots, a registration process will be required. Should there be a minimal registration fee to assist the City in recovering administrator costs? 250 225 200 175 150 125 100 75 50 25 216 130 69 Question options Yes No Undecided Optional question (413 response(s), 1 skipped) Question type: Checkbox Question Let's Talk Pickering : Summary Report for 21 May 2021 to 13 September 2021 Page 16 of 18 • • • - 114 - Should there be a time limit vehicles can park at City waterfront lots, for both paid parking and residents with permits? 275 250 225 200 175 150 125 100 75 50 25 240 173 Question options Yes No Optional question (413 response(s), 1 skipped) Question type: Checkbox Question Let's Talk Pickering : Summary Report for 21 May 2021 to 13 September 2021 Page 17 of 18 • • - 115 - Let's Talk Pickering : Summary Report for 21 May 2021 to 13 September 2021 ENGAGEMENT TOOL: QUICK POLL How do you typically get to Pickering's waterfront areas? Visitors 121 Contributors 121 CONTRIBUTIONS 121 How do you typically get to Pickering's waterfront areas? 57 (47.1%) 64 (52.9%) Question options Drive and park Walk Mandatory Question (121 response(s)) Question type: Radio Button Question Page 18 of 18 • • - 116 - Attachment #3 to Report BYL 02-21 # Street Limits Estimated number of parking spaces East / North Side Estimated number of parking spaces West / South Side 1 Liverpool Road South of Wharf Street 18 29 2 Liverpool Road Wharf to Annland 4 8 3 Liverpool Road Annland to Broadview No Parking 5 4 Liverpool Road Broadview to Commerce No Parking 5 5 Wharf Street East of Liverpool Road 7 (marked) No Parking 6 Annland Street East of Liverpool to the start of the curve No Parking 14 7 Annland Street Broadview to Commerce No Parking 2-3 8 Pleasant Street Full limit Potential No Parking 7 9 Broadview Street Full limit 15-17 No Parking 10 Commerce Street East of Liverpool Road 20-23 No Parking 11 Commerce Street West of Liverpool (not in consultation) No Parking 13 12 Breezy Drive Oklahoma to Essa (not including the curve) 21 No Parking 13 Yeremi Street Full limit Potential No Parking 13 14 Leaside Street Full limit Potential No Parking 14 15 Oklahoma Drive As indicated on map in consultation 12 Potential No Parking 16 Mink Street Full limit (not in consultation map) 12 No Parking 17 Chipmunk Street Full Limit 9 Potential No Parking 18 Sunrise Avenue Full Limit Potential No Parking 45 19 West Shore Blvd. Sunrise to Beachpoint Promenade 45 No Parking 20 Marksbury Road Park Cres. to south limit 25 Potential No Parking 21 Tullo Street Full limit 7 No Parking 22 Surf Avenue Full limit 8 No Parking 23 Park Crescent Cliffview to Cliffview Potential No Parking 24 24 Park Crescent South of Cliffview No Parking 10 25 Cliffview Road Park Cres. To 507 Cliffview around bend Potential No Parking 9 - 117 - Pl(KERJNG Report to Council Report Number: CAO 05-22 Date: April 25, 2022 From: Fiaz Jadoon Director, Economic Development & Strategic Projects Subject: High Frequency Rail –Development of a Business Case and Concept Plan for a Pickering Station -File: A-1440 Recommendation: 1.That Council approve the proposal submitted by WSP to develop a strategic business case and concept plan for a High Frequency Rail (HFR) station stop in Pickering in accordance with Purchasing Policy 10.03 (c); in the amount of $107,734.20 (HST included), and that the net project cost of $97,018.00 (net of HST rebate) be accepted; 2.That Council authorize the Director, Finance & Treasurer to finance the net project cost of $97,018.00 as follows: a.The sum of $48,509.00 to be funded from Property Taxes per the 2022 Current Budget; and b.The sum of $48,509.00 to be funded by the Regional Municipality of Durham; 3.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report; and 4.That the City Clerk forward a copy of Report CAO 05-22 to the Region of Durham’s Office of the CAO and Planning & Economic Development Department. Executive Summary: The Joint Project Office (JPO), a team assembled by VIA Rail Canada (VIA) and the Canada Infrastructure Bank (CIB), is exploring the opportunity for a High Frequency Rail (HFR) service between Toronto and Quebec City. This rail service is expected to travel along the Canadian Pacific Railway (CP) Havelock line, which passes through the northern area of Pickering, however, the JPO is also exploring other existing track options that pass through the eastern Greater Toronto Area (GTA). In collaboration with the Region of Durham, the City of Pickering is interested in developing a strategic business case and concept plan for an HFR station stop in Pickering. Over the last six years, VIA has advocated for an HFR line along the eastern GTA corridor as a solution to passenger train delays and inefficiencies. VIA, Metrolinx, Canadian National (CN), and CP currently share the existing rail line infrastructure located near Highway 401 between Toronto and Quebec City for the movement of passengers and goods, causing further inefficiencies for VIA to meet passenger demands. As a solution, VIA is proposing an HFR line to reduce congestion and create a more sustainable and rapid operating system. The most up to date plans by VIA and the JPO do not identify any proposed stations within Durham Region. - 118 - CAO 05-22 April 25, 2022 Subject: High Frequency Rail Page 2 City and Regional staff met with VIA and the JPO in December, 2021 as part of their pre- planning work to engage with local communities. Staff discussed the potential opportunity for an HFR station stop in Pickering and received positive feedback from VIA and the JPO. At the March 28, 2022 Council Meeting (Report Number CAO 03-22, Resolution #844/22), Council endorsed staff recommendations to hire a consultant and submit a strategic business case and concept plan to the JPO by June 2022. Due to the aggressive timeline, staff are seeking Council’s approval to single source the consulting services. In accordance with Purchasing Policy 10.03 (c), where the estimated cost of the consulting engagement is expected to be above $50,000.00, additional Council approval is required. The study will also include potential ridership forecasting for an HFR station stop in Pickering. WSP is one of the world’s leading professional services firm. Their degree and quality of expertise in sustainable transportation networks will benefit the City of Pickering and Region of Durham’s position in the JPO’s planning process. WSP holds extensive experience in developing travel demand models used by Metrolinx and has previously provided consultation services on High Frequency Rail projects to VIA. It is therefore recommended that the proposal submitted by WSP for the total amount of $107,734.20 (HST included) be accepted, and that WSP be retained to develop a strategic business case and concept plan for an HFR station in Pickering. In support of this initiative, the Region of Durham is prepared to fund 50 per cent of the project cost, up to the budgeted upset limit of $60,000. Financial Implications: 1. Proposal Amount WSP Proposal $95,340.00 HST (13%) 12,394.20 Total Gross Proposal Cost $107,734.20 2. Project Costing Summary WSP Proposal $95,340.00 HST (13%) $12,394.00 Total Gross Project Costs $107,734.00 HST Rebate (11.24%) (10,716.00) Total Net Project Costs $97,018.00 - 119 - CAO 05-22 April 25, 2022 Subject: High Frequency Rail Page 3 3. Source of Funds SAP GL Account Source of Funds 2022 Budget Required 502230.10000 Property Taxes $75,000.00 $48,509.00 502230.10000 Third Party Contribution-0.00 48,509.00 Region of Durham Total Funds: $75,000.00 $97,018.00 Discussion: VIA’s proposed development to Transport Canada for an HFR line between Toronto to Quebec City is a transformational project that will enhance transportation along the eastern GTA corridor. The City of Pickering, in collaboration with the Region of Durham will be developing a strategic business case and concept plan for an HFR station in Pickering that will be submitted to the JPO for consideration. On July 6, 2021 the Federal government announced plans to begin pre-planning work for an HFR line between Toronto and Quebec City. City and Regional staff met with the JPO in late December 2021 as part of their consultation process to provide valuable feedback regarding the project. In this meeting, City staff outlined the need for an HFR station stop along the Federal Pickering Lands, in order to broaden future connectivity for Durham and adjacent communities. At the March 28, 2022 Council Meeting (Report Number CAO 03-22, Resolution #844/22), Members of Council endorsed staff recommendations to hire a consultant and present key findings to the JPO by June 2022. Due to this short timeline, staff are not able to issue a formal RFP and have decided to single source consulting services in accordance with Purchasing Policy section 10. Through preliminary discussions, City and Regional staff have determined the services of WSP are required to develop a strategic business case and concept plan, which includes ridership forecasting for a potential station stop in Pickering. WSP will work alongside City and Regional staff in order to be prepared and meet the defined timeline for a proposal to the JPO. The firm brings a wealth of knowledge, expertise, and resources, which will be key in preparing a comprehensive submission. In addition to working on high profile projects, WSP also brings experience specific to High Frequency Rail through their previous work with VIA. WSP is a specialized engineering enterprise that designs sustainable transportation networks, conducts environmental remediation & urban planning, develops future energy sources, and finds innovative ways to extract essential resources. WSP is able to draw upon the assets and experiences of an international firm while simultaneously providing localized personal knowledge. Considering the aggressive timeline and lack of internal resources and expertise, the consulting services of WSP would assure that a detailed and quality proposal is submitted by the City of Pickering and Region of Durham. - 120 - CAO 05-22 April 25, 2022 Subject: High Frequency Rail Page 4 WSP will be focusing on five main areas: 1. Development of a strategic business case; 2. Forecasting potential ridership from Durham, York and surrounding regions; 3. Concept plan identifying a potential area and design of an HFR station; 4. Provide advice and best practices regarding its development of a strategic business case and concept plan for an HFR station in Pickering to enhance the City’s submission to the JPO; and 5. Present the final study to Council and the JPO. The total cost of retaining WSP to develop a strategic proposal for the City is $107,734.20 (HST included) and the total net project cost is $97,018.00 (net of HST rebate). The City will share the cost of the consultant with the Region of Durham. The Region has confirmed their 50 per cent funding up to a budgeted upset limit of $60,000.00. Attachment: 1. WSP Proposal Letter Prepared By: Original Signed By: Taaha Javed Economic Development & Strategic Projects Associate FJ:la Approved/Endorsed By: Original Signed By: Fiaz Jadoon MPM, Ec.D.. CEcD. Director, Economic Development & Strategic Projects Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 121 - Attachment #1 to Report CAO 05-22 2022-04-14 (Revision 1) Confidential Taaha Javed Economic Development and Strategic Projects Department Phone: 905-420-4660 Email: tjaved@pickering.ca Subject: High Frequency Rail Station -Scope of Work Dear Sir: Pursuant to our discussions, we are delighted to submit a work plan and quote for services to complete a business case and concept plan for a potential High Frequency Rail station in Pickering. This letter proposal outlines our understanding of the City’s requirements, ou r experience and qualifications, proposed work plan, schedule, and fee. PROJECT UNDERSTANDING A 2016 study from VIA Rail established the need for a High Frequency Rail (HFR) service between Toronto and Quebec City. Two primary objectives defined the need for an HFR; first, improving connectivity and accessibility of large and small urban centres in Eastern Ontario through sustainable travel; and second, spurring economic development in the catchment areas of the HFR. Achieving such an HFR service requires bypassing existing freight corridors in Eastern Ontario, which could be achieved by way of using CP’s Havelock line that spans from west of Smiths Falls to Toronto or along a different alignment. The original study limited stations to Smiths Falls and Peterborough, although the Joint Project Office (JPO) that is overseeing the HFR initiative has acknowledged the possibility of adding stations along the corridor provided they meet the objectives of the original study. The alignment of the Havelock line, forecasted growth patterns in Seaton, the City of Pickering’s vicinity to Toronto, capacity constraints in the Lakeshore East and Stouffville GO corridors, and the potential development of the Pickering Airport, presents a rather unique opportunity for the City to explore the feasibility of a HFR station along the western boundary of the City. The scope of work in the current RFP requires developing a business case for the two potential HFR station locations identified a priori by the City, including the creation of concept plans that will result in making preliminary recommendations for a preferred site. CORPORATE EXPERIENCE AND EDGES WSP is one of the world’s leading professional services firms and are proud of our origins in Canada. Our expertise ranges from engineering design to designing sustainable transportation network, to environmental remediation and urban planning, to developing tomorrow’s energy sources and finding innovative ways to extract essential resources and we continue to diversify. Transportation Planning is in our DNA. We would like to highlight a few characteristics that distinguish us from our peers. 100 Commerce Valley Drive West Thornhill, ON Canada L3T 0A1 T: +1 905 882-1100 F: +1 905 882-0055 wsp.com Click here to enter text. - 122 - • WSP is Metrolinx’s trusted partner on engineering and planning services as seen by our track record on the Regional Express Rail 1,2, and 3 contracts ; • We are internationally recognized professionals in transportation, transit planning and engineering; • WSP is a multidisciplinary, professional services firm recognized as an industry leader in the provision of quality, cost-effective and technically excellent multidisciplinary solutions for a diverse range of assignments; • We have deep local expertise combined with qualified field resources and office support staff across Canada; Our Edges We have a solid understanding of the subject matter required to complete the assignment in a short time horizon. • We have a deep knowledge of business casing for public transit projects and regularly work with Metrolinx to prepare and deliver business cases in the GTHA at all levels of the project development life cycle; • We have a head start over the competition due to the peer review several members of our proposed team completed of the original 2016 HFR study on the behest of Transport Canada; • WSP has developed the flagship travel demand models that are used by Metrolinx and the MTO for assessing GO Rail and Long Distance Rail potential in the Greater Golden Horseshoe Area and the Province of Ontario; • WSP has extensive experience in conceptual, preliminary design and EA processes including station development and evaluation Project Experience We have identified three projects to highlight our expertise and suitability for this assignment. • High Frequency Rail Due Diligence Report (Client: CDEV, Federal Government, 2016-17). This project involved the review of VIA Rail’s proposed High Frequency Rail (HFR) service between Toronto-Ottawa-Montreal. This included a review of passenger travel demand forecasting, capital and operating costing, financial modelling and alternative financing and procurement (AFP) options. The goal of this assignment was to provide the Canada Development Investment Corporation (CDEV), the federal Ministry of Finance and Ministry of Transport with guidance on the work completed to date by VIA in the development of their HFR business case and requests for funding. This project occurred over a six month timeframe and involved engagement of multiple project stakeholders including: Transport Canada, Finance Canada, and vario us potential industry participants. • Milton GO Corridor Initial Business Case (Client: Metrolinx, 2021-present). WSP is working collaboratively with Metrolinx on the development of an Initial Business Case for all-day service along the Milton GO Corridor. The business case is developed according to a standard Metrolinx format and includes chapters outlining the case for change, investment options, the strategic case, the economic case, the financial case, the deliverability and operations case, and a business case summary. • Greater Golden Horseshoe Model update (GGHMv4) (Client: MTO, 2015-18). WSP was involved in the most recent update of the Province’s primary travel demand model for the GTHA. The GGHMV4 was designed from the ground up as an advanced, microsimulated regional travel demand forecasting model. It is the flagship transportation model for both MTO and Metrolinx, who continue to invest in the model’s ongoing improvements and development. The GGHM reflects the complexity of travel in the Page 2 - 123 - PICKERING Proj ect Lead Razi Chagla Strategic Advisor Deputy Proje ct Manager Mausam Duggal Jeremy Finkleman Task 1 : Business Cas e Task 2 : Con cept Design Task Lead: Jeremy Finkleman Task Lead: Travel Demand Modelli ng: Patrick Malloy Nemanja Radakovic Junior and Intermediate GIS, Analytical and Technical Support Team Region with advanced transit forecasting capabilities. Five transit sub-modes are explicitly modelled in a four-level nested formulation, including a multi-part virtual-path- building feature for subway and commuter rail sub-modes, differentiated by mode-of- access (walk, drop-off, or park) and egress. The model was developed on the Emme Modeller platform, customized to work with advanced software developed in -house in Python and FORTRAN. The model has already been used widely to provide insight into the ridership and benefits (travel time savings) across a number of transit forecasting studies, including light-rail expansion, regional express rail services, land-use studies, and tolling scenarios. TEAM AND QUALIFICATIONS The organizational chart for our proposed team is noted below: Core team member bios are as follows: Razi Chagla, MBA Years of Experience: 16 Proposed Role: Project Lead Razi is a Director of Real Estate and Infrastructure Advisory WSP Canada. He has 16 years of experience in assessing, planning, and implementing major real estate and infrastructure projects. He is well versed in business case and business analysis, including econ omic, strategic, and financial analysis, quantitative modelling and risk analysis. Page 3 - 124 - Razi has provided strategic advisory on a wide array of assets related to commercial viability, financial modelling and cost-benefit analysis for decision making purposes. Razi recently completed projects, on both provincial and federal levels, related to carrying out detailed market analysis, grant funding applications, bottom-up costing analysis and land value uplift for major transit and transportation related improvements. Relevant Project Experience: • NJDOT Rt 40 Cost Benefit Analysis (2022) • TTC Yonge North Subway Extension Procurement Options Analysis (2019) • Via HFR Due Diligence (2016-2017) Jeremy Finkleman, MCIP RPP Years of Experience: 12 Proposed Role: Deputy Project Manager, Task 1 Lead Jeremy is a Senior Transportation Planner focusing on transit in WSP’s Transportation Planning and Science Department. Jeremy has a strong background in transportation analytics, network planning, transit service planning, and multi-modal integrated planning studies. His experience includes work in public transit, new mobility, planning for transit facilities, corridor planning, highway planning, business casing, and transportation master planning. Relevant Project Experience: • Milton GO Corridor Initial Business Case, Metrolinx (2021 – present) • 15+ business cases for BC Ministry of Transportation and Infrastructure (2012 -2021) Patrick Malloy, P.Eng. Years of Experience: 14 Proposed Role: Task 2 Lead Patrick is a Project Manager in WSP’s Transportation Planning group with a focus on transit. He has over 14 years experience in civil and transportation design, including planning, preliminary design, detailed design and construction support. He has completed detail design for linear and site infrastructure projects including roadway, utility design and coordination of utility designs with railway. Experienced in transit corridor enhancement, station / land development including site plan development, grading designs, site servicing designs, construction staging and constructability reports. Has experience in leading and coordinating large multi discipline design teams for transit and infrastructure projects. Relevant Project Experience: • Waterloo ION LRT Stage 2 EA and TPAP, Region of Waterloo (2018 – present) Page 4 - 125 - • Confederation GO Station (2016 – present), Guildwood GO Station (2014 – 2018), Eglinton GO Station (2013 -2015), Metrolinx • GTA West Transportation Corridor Route Planning and Environmental Assessment Study, Stage 2, MTO (2021 – present) Nemanja Radakovic, B.A.Sc. (Civil Engineering) Years of Experience: 11 Proposed Role: Transportation Modeller Nemanja is a transportation modeller in WSP’s Travel Demand Modelling and Data Science Centre of Excellence. He has worked extensively across the GTHA and Canada on transportation planning projects including travel demand modelling, mesoscopic modelling, microsimulation, traffic impact studies, corridor studies, PPPs, safety assessment studies, master plans, and environmental assessments. Relevant Project Experience: • Greater Golden Horseshoe Model v4, MTO (2017-18) • Eglinton West Extension LRT Ridership Forecasting, Metrolinx (2019) • GTAA Regional Transit Passenger Centre Study, GTAA and Metrolinx (2019-2020) Mausam Duggal, MCIP RPP Years of Experience: 17 Proposed Role: Strategic Advisor Mausam is the National Director of WSP’s Transportation Planning and Science division that includes seven Centres of Excellence that span all facets of transportation planning. Mausam’s technical expertise lies in the development of large scale and complex travel demand models for municipal and provincial for infrastructure and policy evaluation. He has supported several transit business case studies, including the technical peer review of the original 2016 HFR study. Mausam is the Project Manager of the Province of Ontario’s passenger model and Metrolinx’s Greater Golden Horseshoe Model (GGHM) that are used for undertaking transit business case analysis and are expected to be the foundation tools for the recently released HFR proposal by the Government of Canada. Relevant Project Experience: • Greater Golden Horseshoe Model v4, MTO (2017-18) • Eglinton West Extension LRT Ridership Forecasting, Metrolinx (2019) • GTAA Regional Transit Passenger Centre Study, GTAA and Metrolinx (2019-2020) Page 5 - 126 - Team resumes for the above professionals are appended. PROPOSED WORK PLAN AND DELIVERABLES Task 1 and 2: Project Management -Create and maintain a list of project action items and pursue to closure -Create, distribute and maintain weekly meeting notes and records of project decisions -Coordination of project team member activities Deliverables: Project action items list, comments registers, meeting notes and other records of project decisions. Monthly project status reports. Task 1: Development of a Business Case 1.1 Project Initiation and Data Transfer -Meeting #1: Kick-off meeting -City of Pickering provides background context and reviews scope of work; together we will discuss the work plan, responsibilities, communications, schedule and deliverables. -Receipt of background reference documentation from City within 1 week of project launch. -Also identified during the kick-off meeting will be the tools and assumptions the team will use for undertaking the study. Deliverable: Meeting minutes and an action list for all participants 1.2 Background Review -Background data and document compilation, and familiarization with documents. -Preparation of GIS mapping 1.3 Scenario Identification and Confirmation -Identify general station location option(s) in collaboration with the City. -Define two land-use scenarios (with new international airport, without new international airport) in collaboration with the City. -Define service scenario and operating assumptions. -Initiate technical analyses. Deliverable: Table of options 1.4 Problem Statement and Investment Options -Meeting #2: Problem Statement and Option Confirmation -Meeting with City Project Team to discuss the Problem Statement and Options. -Draft section for problem statement and investment options. Deliverables: Draft Context Review, Case for Change, and Investment Options chapters; meeting notes 1.5 Travel Demand Modelling -Code improved scenario into the 2041 regional travel demand model (GGHM) or alternate simplified model. The alternate modelling approach will rely on the GGHM’s outputs for developing a sketch model type analysis based on catchment areas and elasticities. This approach will allow the team to rapidly develop and test scenarios to gain confidence in the Page 6 - 127 - forecasts rather than getting bogged down in the intricate theory of forecasting HFR ridership this early in the business case. The sketch model will be especially relevant for capturing the synergy between the HFR and the proposed Pickering Airport. -Estimate ridership and travel impacts of providing a station in Pickering along the proposed HFR corridor (improved scenario) versus a base scenario which assumes an HFR corridor with no additional stations between Peterborough and Toronto Union . -Provide ridership estimate ranges for both servicing scenarios -Highlight reduction in vehicle kilometres travelled, vehicle hours travelled, and related GHG impacts of a new Pickering HFR station. 1.6 Strategic Case -Tabulate outcomes and strategic objectives and define qualitative metrics for each. -Analyze ridership and movement patterns for two improvement scenarios (with new international airport, without new international airport) 1.7 Economic Case (Benefit-Cost Ratio) -Calculate high-level economic benefit ranges due to changes in travel behaviour between the improved and base case scenarios -Incorporate high-level conceptual cost ranges from Task 2 work -Generate a project strategic level benefit cost ratio and net present value for the improved scenario (Pickering HFR station) relative to the base scenario (no Pickering HFR station) -Meeting #3: Strategic and Economic Results Deliverables: Meeting notes 1.8 Deliverability and Operations Case -Incorporate Task 2 siting review and conceptual design memorandum 1.9 Draft Business Case -Update all sections of the business case and compile into a complete draft document -Identify key risks and next steps Deliverable: Draft Full Business Case 1.10 Client Review -Focused period for client review and comment -Meeting #4: Discuss Business Case draft and desired revisions 1.11 Finalize Business Case -Finalize Business Case to reflect the City’s comments -Project close-out Deliverable: FINAL Business Case Task 2: Concept Plan Identifying a Potential Site and Design of an HFR Station 2.1 Project Initiation, Background Data Delivery and Background Review -Meeting #1: Kick-off meeting -City of Pickering provides background context and reviews scope of work; information for data request confirmed. City to provide location of 2 preferred sites, CAD/GIS of Page 7 - 128 - topographic area, parcels, aerial imagery, road network, green belt, sensitive lands, watercourses etc. -Receipt of background reference documentation from City within 1 week of project launch. 2.2 Background Basemaps, Development of Site Concepts -Assembly of background data and development of basemap s. Input data will be identified for use in high level evaluation matrix. -Two (2) concept station layouts will be developed for each of the two (2) sites. Platforms and station site layout will be based on Metrolinx guidelines. -Meeting #2 and 3: Two (2) progress meetings to discuss concept options are included. 2.3 Draft Station Memo, Draft Concept Package -Development of Draft Station memo, project statement, project background, evaluation criteria and high level evaluation (eg. Harvey Balls). Comparative evaluation of two (2) sites will be based on provided information/data from Client. -Summary of Concept designs and potential limitations and opportunities. Deliverable: Draft Station Memo, Draft Concept Package 2.4 Client Review -Focused period for client review and comment -Meeting #4: Review meeting to discuss desired revisions 2.5 Finalize Station Memo / Concept Package -Finalize Station Memo and Concept Package to reflect the City’s comments Deliverable: Final Station Memo, Final Concept Package SCHEDULE We have developed the schedule based on the City’s requirements for a 5 week completion beginning April 25, 2022. We note, however, that this is a VERY AGGRESSIVE schedule for this type of work, with similar assignments taking 4 months to a year to complete. The compressed schedule necessarily limits the overall depth of analysis which can be conducted in this assignment. The schedule assumes a one-week turnaround for the City’s provision of GIS and other background data and a limited 2-3 day review period at the close of the assignment. A Gantt chart outlining steps to completion for both tasks is shown below. Both tasks will progress concurrently. Our team is committed to dedicating substantial resources to prioritizing this important project in order to complete the scope of work as defined in this letter proposal within the City’s deadline. Page 8 - 129 - '''11 11111111111111111111111 ------------------------------------------- _________ ______, Task Description 25 26 27 28 29 2 3 4 5 6 9 10 11 12 13 16 17 18 19 20 24 25 26 27 Task 1 Development of a Business Case 1.1 Project initiation and data transfer M 1.2 Background review 1.3 Scenario identification and confirmation D 1.4 Problem statement and investment options M D 1.5 Travel demand modelling 1.6 Strategic case 1.7 Economic and financial case (BCR)M 1.8 Deliverability and operations case 1.9 Draft Business Case D 1.10 Client review M 1.11 Finalize Business Case D Task 2:Concept Plan Identifying a Potential Site and Design of an HFR Station 2.1 Project initiation, background data delivery, and background review M 2.2 Background basemapping, Development of Site Concepts (2 sites)M M 2.3 Draft Station memo, Draft Concept Package D 2.4 Client review M 2.5 Incorporation of comments, finalization of Station Memo / Concept Package D Project Management Ongoing throughout project M Team Meeting D Critical Deliverable City of Pickering High Frequency Rail Station - Scope of Work April May Page 9 - 130 - 100 Commerce Valley Drive West Thornhill, ON Canada L3T 0A1 T: +1 905 882-1100 F: +1 905 882-0055 wsp.com FEE The above work plan can be completed for a fee of $95,340 excluding all applicable taxes. CONCLUSION We trust that the above letter proposal aligns with your expectations. If you have any questions, please do not hesitate to contact the undersigned. Yours sincerely, Razi Chagla Jeremy Finkleman cc: Mausam Duggal Click here to enter text. - 131 - Report to Council Report Number: CAO 06-22 Date: April 25, 2022 From: Fiaz Jadoon Director, Economic Development & Strategic Projects Subject: Consulting Services for Preparation of the Northeast Pickering Community Plan -Award for Proposal No. RFP2021-9 -File: A-1440 Recommendation: 1.That Proposal submitted by SGL Planning & Design Inc. dated February 22, 2022, to undertake the Northeast Pickering Community Plan, in the amount of $628,577.19 (HST included) be accepted; 2.That Council authorize the Director, Finance & Treasurer to finance the net project cost of $566,053.00 (net of HST rebate) as follows: a)The sum of $164,155.00 to be funded from development charges; b)The sum of $401,898.00 to be funded by the North East Pickering Landowners Group (NEPLG); and, 3.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: At the Council meeting of June 28, 2021, Council directed staff to initiate the Request for Proposals (RFP) process for the secondary plan for a new proposed community in Northeast Pickering by way of Report PLN 31-21, Resolution #625-21(see Attachments #2 & #3 respectively). The purpose of the Community Plan is to establish the planning framework for the development of a new urban area in Northeast Pickering. The work is being undertaken in an effort to support the City’s request, as per Resolution #173-19 (Attachment #4), that these lands be included in a Settlement Area Expansion through the Region of Durham’s Comprehensive Review of its Official Plan. The Northeast Pickering Community Plan (NPCP) work program will be undertaken as a background study in support of a City-initiated Official Plan Amendment to the Pickering Official Plan. The Amendment will be a “Part One” plan and will contain the vision, the guiding principles, the master plan concept, and implementing policies including directions on secondary or neighborhood plans requirements. Accordingly, Request for Proposal No. RFP2021-9 was issued on January 19, 2022, calling for proposals to undertake the Northeast Pickering Community Plan (see Attachment #1). The closing date for the bid call was February 22, 2022, with the City receiving two proposals. - 132 - CAO 06-22 April 25, 2022 Subject: Consulting Services for Preparation of the Page 2 Northeast Pickering Community Plan The Evaluation Committee reviewed the proposals against the criteria outlined in the RFP. The proposal from SGL Planning & Design Inc. (SGL) received the overall highest ranking score. The strong multi-disciplinary team, assembled by SGL, brings expertise in land use, policy planning, urban design, market research, stakeholder engagement, sustainability transportation, natural heritage, hydrology, and agriculture. SGL’s proposal best meet the City’s requirements in completing project deliverables, considering SGL’s strengths relative to the scope of work required, and value for the money. SGL has extensive experience with similar projects, including here in Pickering, and has worked with municipalities across Ontario to deliver secondary plans It is therefore recommended that the proposal submitted by SGL in the amount of $566,053.00 (net of HST rebate) be accepted and that SGL be retained to undertake the Northeast Pickering Community Plan. Financial Implications: The secondary plan for Northeast Pickering is identified in the Council approved 2022 Current Budget for Planning & Design, with funding to be provided by 71 percent from the North East Pickering Landowners Group, and 29 percent from Development Charges. The invoices will initially be fully paid by City of Pickering and then reimbursed by the North East Pickering Landowners Group. Underspent funds may be used for additional studies which may be required based on the findings of the Community Plan, such as Infrastructure and Transportation Analysis Studies. 1. Proposal Amount Proposal No. RFP2021-9 $556,263.00 HST (13%) 72,314.19 Total Gross Proposal Cost $628,577.19 2. Estimated Project Costing Summary Total Project Cost RFP2021-9 $556,263.00 HST (13%) 72,314.00 Total Gross City of Pickering Project Cost $628,577.00 HST Rebate (11.24%) (62,524.00) Total Net Project Cost $566,053.00 - 133 - CAO 06-22 April 25, 2022 Subject: Consulting Services for Preparation of the Page 3 Northeast Pickering Community Plan 3.Approved Source of Funds Approved Code Source of Funds 2022 Budget Required 502230.10105 Development Charges $290,000.00 $164,155.00 –Growth Studies 502230.10105 Third Party 710,000.00 401,898.00 Contribution -NEPLG Total Funds $1,000,000.00 $566,053.00 Project Cost under (over) approved funds by $433,947.00 The 2022 Budget outlined above is the component dedicated to the preparation of the Northeast Pickering Community Plan. Discussion: The Region of Durham is undertaking a Municipal Comprehensive Review of its Official Plan. The need for additional land for urban development is currently being assessed through the Growth Management component of that review process. Pickering Council has supported an expansion to the urban boundary to include Northeast Pickering (see Attachment #4). The Province is the approval authority for the Region’s new Official Plan. The City is commencing the community plan process for Northeast Pickering now so the work can be considered concurrent with the completion and approval of the Region’s new Official Plan. Once the Region’s new Official Plan is approved by the Province, and subject to the Northeast Pickering lands being included in the urban boundary, the Region will be in a position to consider approving the City’s official plan amendment that will result from the community plan. On January 19, 2022, the City issued RFP2021-9 for the Northeast Pickering Community Plan. The purpose of this request for consulting services is to prepare an innovative, sustainable live-work Community Plan based on comprehensive background studies in accordance with the City and Regional Plan. A bid advertisement was placed on the City’s website, and a notice was sent to a list of potential bidders. The RFP closed on February 22, 2022 with two proposals received. The evaluation committee was composed of staff from City Development, and Economic Development & Strategic Projects. The proposals were evaluated based on: the company’s experience and qualifications; understanding of the project; work plan and deliverables; project manager, team and resources; and the quality of the references (see Attachment #5). The - 134 - CAO 06-22 April 25, 2022 Subject: Consulting Services for Preparation of the Northeast Pickering Community Plan Page 4 references of both bidders were contacted and the proposal submitted by SGL Planning & Design Inc. was the highest scoring proposal. The SGL team included sub-consultants from urbanMetrics, Dillon Consulting Ltd., GM Blue Plan Engineering Ltd., Paradigm Transportation Solutions Ltd., Wood Environment & Infrastructure Solutions PLC, Matrix Solutions Inc., Coville Consulting Inc. They bring expertise in the required disciplines including land use, policy planning, urban design, market research, stakeholder engagement, sustainability transportation, natural heritage, hydrology and agriculture. Their experience includes the preparation of numerous official and secondary plans for municipalities and regions across Ontario. Relevant projects that SGL has recently completed include the City of Brantford Municipal Comprehensive Review and Secondary Plan, the Seaton Community Plan and the Brooklin Community Secondary Plan. SGL has extensive experience in leading interdisciplinary teams, and with public engagement for complex public sector projects, where collaboration and negotiation are essential. The scope is designed to take place over the course of 24 months, and to take place across four phases: 1.Refine Work Plan + Engagement Strategy, and Finalization of Vision + Principles 2.Background Studies 3.Preparation of Draft Official Plan Amendment 4.Official Plan Amendment Adoption + Approval It is therefore recommended that Council award the consulting services for the development of the Northeast Pickering Community Plan for the City of Pickering to SGL Planning & Design Inc. at a net project cost of $566,053.00 (net of HST rebate) to be financed by the City of Pickering through development charges growth studies and the NEPLG. Attachments: 1.Request for Proposal: Northeast Pickering Community Plan, January 22, 2022 2.Council Report #PLN 31-21 3.Council Resolution #625-21 4.Council Resolution #173/19 5.Supply & Services Evaluation Memorandum, April 13th, 2022 - 135 - CAO 06-22 April 25, 2022 Subject: Consulting Services for Preparation of the Northeast Pickering Community Plan Page 5 Prepared By: Original Signed By: Taha Qureshi Senior Project Manager, Strategic Projects Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer Approved/Endorsed By: Original Signed By: Cathy Bazinet Manager, Procurement Catherine Rose, MCIP, RPP Chief Planner Fiaz Jadoon Director, Economic Development & Strategic Projects Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer - 136 - Original Signed By: Original Signed By: Original Signed By: -~6f P1CKER1NG Attachment #1 to Report CAO 06-22 Request for Proposals Northeast Pickering Community Plan Request for Proposals No.: RFP2021-9 Issued: January 19, 2022 Submission Deadline: February 16, 2022 at 12:00 pm (Noon Local Time) - 137 - RFP2021-9 Northeast Pickering Community Plan Table of Contents Part 1 – Invitation and Submission Instructions .....................................................................2 1.1 Invitation to Proponents ........................................................................................3 1.2 Request for Proposals Contact ............................................................................. 3 1.3 Type of Contract for Deliverables ......................................................................... 3 1.4 Request for Proposals Timetable ......................................................................... 3 1.5 Submission of Proposals ...................................................................................... 3 Part 2 – Evaluation and Negotiation ........................................................................................5 2.1 Stages of Evaluation and Negotiation ................................................................... 5 2.2 Stage I – Mandatory Submission Requirements................................................... 5 2.3 Stage II – Evaluation ............................................................................................ 5 2.4 Stage III – Pricing ................................................................................................. 5 2.5 Stage IV – Ranking and Contract Negotiations .................................................... 6 Part 3 – Terms and Conditions for the Request for Proposals Process ...............................7 3.1 General Information and Instructions .................................................................... 7 3.2 Communication after Issuance of Request for Proposals .....................................8 3.3 Notification and Debriefing ................................................................................... 9 3.4 Conflict of Interest and Prohibited Conduct .......................................................... 9 3.5 Confidential Information ...................................................................................... 10 3.6 Procurement Process Non-binding ..................................................................... 11 3.7 Governing Law and Interpretation ...................................................................... 11 Appendix A – Form of Agreement .........................................................................................12 Appendix B – Submission Form ............................................................................................12 Appendix C – Pricing Form ....................................................................................................16 Appendix D – Request for Proposals Particulars .................................................................49 A. The Deliverables .................................................................................................... 16 C. Mandatory Technical Requirements ...................................................................... 35 D. Rated Criteria ........................................................................................................ 35 Attachments: Attachment 1 -Northeast Pickering Community Plan Study Area Attachment 2 -NEPLG Planning Principles Attachment 3 -High Level Agricultural Assessment Agricultural Report Attachment 4 -Preliminary Master Servicing Report Veraine Attachment 5 -Preliminary Transportation Study Veraine Attachment 6 -The Veraine Sustainability Report Attachment 7 -Veraine Environmental Conditions Attachment 8 -Veraine Hydrologic and Hydrogeologic Characterization Report Attachment 9 -Veraine Master Plan Report Attachment 10 -Why Veraine Settlement Boundary Expansion Rationale Page 2 of 53 - 138 - RFP2021-9 Northeast Pickering Community Plan Part 1 – Invitation and Submission Instructions 1.1 Invitation to Proponents This Request for Proposals is an invitation by the City of Pickering (“City”) to prospective proponents to submit proposals for the provision of a Community Plan and associated background studies for lands in Northeast Pickering as further described in the Request for Proposals Particulars (Appendix D) (the “Deliverables”). 1.2 Request for Proposals Contact For the purposes of this procurement process, the “Request for Proposals Contact” will be: City Contact: Lisa Chang, Buyer, Supply & Services E-mail:supply@pickering.ca Proponents and their representatives are not permitted to contact a ny employees, officers, agents, elected or appointed officials or other representatives of the City, other than the Request for Proposals Contact, concerning matters regarding this Request for Proposals. Failure to adhere to this rule may result in the disqualification of the proponent and the rejection of the proponent’s proposal. 1.3 Type of Contract for Deliverables The selected proponent may be requested to enter into direct contract negotiations to finalize an agreement with the City for the provision of the Deliverables. The terms and conditions found in the Form of Agreement (Appendix A) are to form the basis for commencing negotiations between the City and the selected proponent. It is the City’s intention to enter into an agreement with only one (1) legal entity. The term of the agreement is to be for a period of twenty-four months. 1.4 Request for Proposals Timetable Issue Date of Request for Proposals January 19, 2022 Deadline for Questions 5 Business Days Prior to the Submission Deadline Deadline for Issuing Addenda 3 Business Days Prior to the Submission Deadline Submission Deadline February 16, 2022 at 12:00 PM (Noon Local Time) Rectification Period 5 Business Days from written request by the City The Request for Proposals timetable is tentative only, and may be changed by the City at any time. 1.5 Submission of Proposals 1.5.1 Proposals to be Submitted at the Prescribed Location Proposals must be submitted via email to: Page 3 of 53 - 139 - RFP2021-9 Northeast Pickering Community Plan supply@pickering.ca 1.5.2 Proposals to be Submitted on Time Proposals must be submitted at the location set out above on or before the Submission Deadline. Subject to the process described below, proposals submitted after the Submission Deadline will be rejected. 1.5.3 Proposals to be Submitted in Prescribed Format Proponents should submit one electronic copy in PDF format by email. Proposals submitted by email should include contact information for the sender, as well as clearly identifying the Request for Proposals title and number in the subject location of the email header, and full legal name of the proponent. 1.5.4 Amendment of Proposals Proponents may amend their proposals prior to the Submission Deadline by submitting the amendment in a separate email identifying the Request for Proposals title and number and the full legal name of the proponent . Any amendment should clearly indicate which part of the proposal the amendment is intended to amend or replace. 1.5.5 Withdrawal of Proposals At any time throughout the Request for Proposals process until the execution of a written agreement for provision of the Deliverables, a proponent may withdraw a submitted proposal. To withdraw a proposal, a notice of withdrawal must be sent to the Request for Proposals Contact and must be signed by an authorized representative of the proponent. The City is under no obligation to return withdrawn proposals. [End of Part 1] Page 4 of 53 - 140 - RFP2021-9 Northeast Pickering Community Plan Part 2 – Evaluation and Negotiation 2.1 Stages of Evaluation and Negotiation The City will conduct the evaluation of proposals and negotiations in the following stages: 2.2 Stage I – Mandatory Submission Requirements Stage I will consist of a review to determine which proposals comply with all of the mandatory submission requirements. If a proposal fails to satisfy all of the mandatory submission requirements, the City will issue the proponent a rectification notice identifying the deficiencies and providing the proponent an opportunity to rectify the deficiencies. If the proponent fails to satisfy the mandatory submission requirements within the Rectification Period, its proposal will be excluded from further consideration. The Rectification Period will begin to run from the date and time that the City issues a rectification notice to the proponent. The mandatory submission requirements are as set out below. 2.2.1 Submission Form (Appendix B) Each proposal must include a Submission Form (Appendix B) completed and signed by an authorized representative of the proponent. 2.2.2 Pricing Form (Appendix C) Each proposal must include a Pricing Form (Appendix C) completed according to the instructions contained in the form. 2.2.3 Other Mandatory Submission Requirements Not applicable. 2.3 Stage II – Evaluation Stage II will consist of the following two sub-stages: 2.3.1 Mandatory Technical Requirements The City will review the proposals to determine whether the mandatory technical requirements as set out in Section C of the Request for Proposals Particulars (Appendix D) have been met. Questions or queries on the part of the City as to whether a proposal has met the mandatory technical requirements will be subject to the verification and clarification process set out in Part 3. 2.3.2 Rated Criteria The City will evaluate each qualified proposal on the basis of the rated criteria as set out in Section D of the Request for Proposals Particulars (Appendix D). 2.4 Stage III – Pricing Stage III will consist of a scoring of the submitted pricing in accordance with the price evaluation method set out in the Pricing Form (Appendix C). The evaluation of price will be undertaken after the evaluation of mandatory requirements and rated criteria has been completed. Page 5 of 53 - 141 - RFP2021-9 Northeast Pickering Community Plan 2.5 Stage IV – Interview (Optional) At the conclusion of Stage III up to three of the highest ranking Proponents may be selected for an interview. Stage IV would consist of a scoring of the interview, which will be added to the Stage II and III scoring. 2.6 Stage V – Ranking and Contract Negotiations 2.6.1 Ranking of Proponents After the completion of Stage IV, all scores from Stage II, Stage III and Stage IV (if required) will be added together and the proponents will be ranked based on their total scores. If required, the top-ranked proponent will receive a written invitation to enter into direct contract negotiations to finalize the agreement with the City. In the event of a tie, the selected proponent will be the proponent with the highest score on the rated criteria. 2.6.2 Contract Negotiation Process Any negotiations will be subject to the process rules contained in the Terms and Conditions of the Request for Proposals Process (Part 3) and will not constitute a legally binding offer to enter into a contract on the part of the City or the proponent and there will be no legally binding relationship created with any proponent prior to the execution of a written agreement. The terms and conditions found in the Form of Agreement (Appendix A) are to form the basis for commencing negotiations between the City and the selected proponent. Negotiations may include requests by the City for supplementary information from the proponent to verify, clarify or supplement the information provided in its proposal or to confirm the conclusions reached in the evaluation, and may include requests by the City for improved pricing or performance terms from the proponent. 2.6.3 Time Period for Negotiations The City intends to conclude negotiations and finalize the agreement with the top - ranked proponent during the Contract Negotiation Period, commencing from the date the City invites the top-ranked proponent to enter negotiations. A proponent invited to enter into direct contract negotiations should therefore be prepared to provide requested information in a timely fashion and to conduct its negotiations expeditiously. 2.6.4 Failure to Enter into Agreement If the parties cannot conclude negotiations and finalize the agreement for the Deliverables within the Contract Negotiation Period, the City may discontinue negotiations with the top-ranked proponent and may invite the next-best-ranked proponent to enter into negotiations. This process will continue until an agreement is finalized, until there are no more proponents remaining that are eligible for negotiations or until the City elects to cancel the Request for Proposals process. 2.6.5 Notification to Other Proponents Other proponents that may become eligible for contract negotiations may be notified at the commencement of the negotiation process with the top-ranked proponent. Once an agreement is finalized and executed by the City and a proponent, the other proponents will be notified of the outcome. [End of Part 2] Page 6 of 53 - 142 - RFP2021-9 Northeast Pickering Community Plan Part 3 – Terms and Conditions of the Request for Proposals Process 3.1 General Information and Instructions 3.1.1 Proponents to Follow Instructions Proponents should structure their proposals in accordance with the instructions in this Request for Proposals. Where information is requested in this Request for Proposals, any response made in a proposal should reference the applicable section numbers of this Request for Proposals. 3.1.2 Proposals in English All proposals are to be in English only. 3.1.3 No Incorporation by Reference The entire content of the proponent’s proposal should be submitted in a fixed form, and the content of websites or other external documents referred to in the proponent’s proposal but not attached will not be considered to form part of its proposal. 3.1.4 References and Past Performance In the evaluation process, the City may include information provided by the proponent’s references and may also consider the proponent’s past performance or condu ct on previous contracts with the City or other institutions. 3.1.5 Information in Request for Proposals Only an Estimate The City and its advisers make no representation, warranty or guarantee as to the accuracy of the information contained in this Request for Proposals or issued by way of addenda. Any quantities shown or data contained in this Request for Proposals or provided by way of addenda are estimates only, and are for the sole purpose of indicating to proponents the general scale and scope of the Deliverables. It is the proponent’s responsibility to obtain all the information necessary to prepare a proposal in response to this Request for Proposals. 3.1.6 Proponents to Bear Their Own Costs The proponent will bear all costs associated with or incurred in the preparation and presentation of its proposal, including, if applicable, costs incurred for interviews or demonstrations. 3.1.7 Proposal to be Retained by the City The City will not return the proposal or any accompanying documentation submitted by a proponent. 3.1.8 Trade Agreements Proponents should note that procurements falling within the scope of the Canadian Free Trade Agreement (CFTA) and Canadian European Union Comprehensive Economic Trade Agreement (CETA) are subject to the applicable trade agreement requirements but that the rights and obligations of the parties will be governed by the specific terms of this Request for Quotation. Page 7 of 53 - 143 - RFP2021-9 Northeast Pickering Community Plan 3.1.9 No Guarantee of Volume of Work or Exclusivity of Contract The City makes no guarantee of the value or volume of work to be assigned to the successful proponent. The agreement to be negotiated with the selected proponent will not be an exclusive contract for the provision of the described Deliverables. The City may contract with others for goods and services the same as or similar to the Deliverables or may obtain such goods and services internally. 3.2 Communication after Issuance of Request for Proposals 3.2.1 Proponents to Review Request for Proposals Proponents should promptly examine all of the documents comprising this Request for Proposals, and may direct questions or seek additional information in writing by email to the Request for Proposals Contact on or before the Deadline for Questions. No such communications are to be directed to anyone other than the Request for Proposals Contact. The City is under no obligation to provide additional information, and the City is not responsible for any information provided by or obtained from any source other than the Request for Proposals Contact. It is the responsibility of the proponent to seek clarification from the Request for Proposals Contact on any matter it considers to be unclear. The City is not responsible for any misunderstanding on the part of the proponent concerning this Request for Proposals or its process. 3.2.2 All New Information to Proponents by Way of Addenda This Request for Proposals may be amended only by addendum in accordance with this section. If the City, for any reason, determines that it is necessary to provide additional information relating to this Request for Proposals, such information will be communicated to all proponents by addendum. Each addendum forms an integral part of this Request for Proposals and may contain important information, including significant changes to this Request for Proposals. Proponents are responsible for obtaining all addenda issued by the City. In the Submission Form (Appendix B), proponents should confirm their receipt of all addenda by setting out the number of each addendum in the space provided. 3.2.3 Post-Deadline Addenda and Extension of Submission Deadline If the City determines that it is necessary to issue an addendum after the Deadline for Issuing Addenda, the City may extend the Submission Deadline for a reasonable period of time. 3.2.4 Verify, Clarify and Supplement When evaluating proposals, the City may request further information from the proponent or third parties in order to verify, clarify or supplement the information provided in the proponent’s proposal, including but not limited to clarification with respect to whether a proposal meets the mandatory technical requirements set out in Section C of the Request for Proposals Particulars (Appendix D). The City may revisit and re-evaluate the proponent’s response or ranking on the basis of any such information. Page 8 of 53 - 144 - RFP2021-9 Northeast Pickering Community Plan 3.3 Notification and Debriefing 3.3.1 Notification to Other Proponents Once an agreement is executed by the City and a proponent, the other proponents will be notified of the outcome of the procurement process. 3.3.2 Debriefing Proponents may request a debriefing after receipt of a notification of the outcome of the procurement process. All requests must be in writing to the Request for Proposals Contact and must be made within sixty (60) days of such notification. The intent of the debriefing information session is to aid the proponent in presenting a better proposal in subsequent procurement opportunities. Any debriefing provided is not for the purpose of providing an opportunity to challenge the procurement process or its outcome. 3.4 Conflict of Interest and Prohibited Conduct 3.4.1 Conflict of Interest The City may disqualify a proponent for any conduct, situation or circumstances, determined by the City, in its sole and absolute discretion, to constitute a Conflict of Interest, as defined in the Submission Form (Appendix B). 3.4.2 Disqualification for Prohibited Conduct The City may disqualify a proponent, rescind an invitation to negotiate or terminate a contract subsequently entered into if the City determines that the proponent has engaged in any conduct prohibited by this Request for Proposals. 3.4.3 Prohibited Proponent Communications Proponents must not engage in any communications that could constitute a Conflict of Interest and should take note of the Conflict of Interest d eclaration set out in the Submission Form (Appendix B). 3.4.4 Proponent Not to Communicate with Media Proponents must not at any time directly or indirectly communicate with the media in relation to this Request for Proposals or any agreement entered into pursuant to this Request for Proposals without first obtaining the written permission of the Request for Proposals Contact. 3.4.5 No Lobbying Proponents must not, in relation to this Request for Proposals or the evaluation and selection process, engage directly or indirectly in any form of political or other lobbying whatsoever to influence the selection of the successful proponent(s). 3.4.6 Illegal or Unethical Conduct Proponents must not engage in any illegal business practices, including activities suc h as bid-rigging, price-fixing, bribery, fraud, coercion or collusion. Proponents must not engage in any unethical conduct, including lobbying, as described above, or other inappropriate communications; offering gifts to any employees, officers, agents, elected or appointed officials or other representatives of the City; deceitfulness; submitting Page 9 of 53 - 145 - RFP2021-9 Northeast Pickering Community Plan proposals containing misrepresentations or other misleading or inaccurate information; or any other conduct that compromises or may be seen to compromise the competitive process provided for in this Request for Proposals. 3.4.7 Past Performance or Past Conduct The City may prohibit a supplier from participating in a procurement process based on past performance or based on inappropriate conduct in a prior procureme nt process, including but not limited to the following: (a)illegal or unethical conduct as described above; (b)the refusal of the supplier to honour its submitted pricing or other commitments; or (c)any conduct, situation or circumstance determined by the City, in its sole and absolute discretion, to have constituted an undisclosed Conflict of Interest. 3.5 Confidential Information 3.5.1 Confidential Information of the City All information provided by or obtained from the City in any form in connection with this Request for Proposals either before or after the issuance of this Request for Proposals (a)is the sole property of the City and must be treated as confidential; (b)is not to be used for any purpose other than replying to this Request for Proposals and the performance of any subsequent contract for the Deliverables; (c)must not be disclosed without prior written authorization from the City; and (d)must be returned by the proponent to the City immediately upon the request of the City. 3.5.2 Confidential Information of Proponent A proponent should identify any information in its proposal or any accompanying documentation supplied in confidence for which confidentiality is to be maintained by the City. The confidentiality of such information will be maintained by the City, except as otherwise required by law or by order of a court or tribunal. Proponents are advised that their proposals will, as necessary, be disclosed, on a confidential basis, to advisers retained by the City to advise or assist with the Request for Proposals process, including the evaluation of proposals. If a proponent has any questions about the collection and use of personal information pursuant to this Request for Proposals, questions are to be submitted to the Request for Proposals Contact. Page 10 of 53 - 146 - RFP2021-9 Northeast Pickering Community Plan 3.6 Procurement Process Non-binding 3.6.1 No Contract A and No Claims This procurement process is not intended to create and will not create a formal, legally binding bidding process and will instead be governed by the law applicable to direct commercial negotiations. For greater certainty and withoutlimitation: 1.this Request for Proposals will not give rise to any Contract A–based tendering law duties or any other legal obligations arising out of any process contract or collateral contract; and 2.neither the proponent nor the City will have the right to make any claims (in contract, tort, or otherwise) against the other with respect to the award of a contract, failure to award a contract or failure to honour a proposal submitted in response to this Request for Proposals. 3.6.2 No Contract until Execution of Written Agreement This Request for Proposals process is intended to identify prospective suppliers for the purposes of negotiating potential agreements. No legal relationship or obligation regarding the procurement of any good or service will be created between the proponent and the City by this Request for Proposals process until the successful negotiation and execution of a written agreement for the acquisition of such goods and/or services. 3.6.3 Non-binding Price Estimates While the pricing information provided in proposals will be non -binding prior to the execution of a written agreement, such information will be assessed during the evaluation of the proposals and the ranking of the proponents. Any inaccurate, misleading or incomplete information, including withdrawn or altered pricing, could adversely impact any such evaluation or ranking or the decision of the City to enter into an agreement for the Deliverables. 3.6.4 Cancellation The City may cancel or amend the Request for Proposals process without liability at any time. 3.7 Governing Law and Interpretation These Terms and Conditions of the Request for Proposals Process (Part 3): (a)are intended to be interpreted broadly and independently (with no particular provision intended to limit the scope of any other provision); (b)are non-exhaustive and will not be construed as intending to limit the pre-existing rights of the parties to engage in pre-contractual discussions in accordance with the common law governing direct commercial negotiations; and (c)are to be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. [End of Part 3] Page 11 of 53 - 147 - PJ(KERJNG Vendor Information Vendor # 1000000 Company ABC Ltd. 123 Main Streel Pickering ON L 1V 61(7 C31l3da Tel ephone: 905,123 4567 Billing Attn : A'-cco-u-nt'"s°'P"'a_yal..,.,,1-e ----------I Pickeri ng City Hall 1 The Esplanade Pickeri ng ON L 1V 61(7 C31l3da Enquiri es:905-771-8800 Ex 3616 or 3625 Pag e 1 of 1 Purchase Order: 45XXXXXXXX 1 )nf ormat i on Purchase Order Date: D i vision Contact: Di vision Contact Email: Procurement Advisor: Procurement Enquiries: Email: OO.MM.YYYY Requi sitioner N ame requis~ioner@ pickeri ng .ca Buyer Name 905.420 .4660 Ex : XXXX buyer@pickering .ca PUR CHASE ORDER NO: 4500000 000 MUST APPEAR ON PACKAGES. I NVOI CES, SHIPPING PAPER ANO CORRESPONDENCE . City-o f P ickeri ng PO Terms and Conditions: https ·/Jwww pickering cafDG-TeqDs-and -Coo ditions prtf :Shipping : Cityol Pic~k-e~rin_g _____________ _,T~e-n_n_:_, ------c,N~et~3~0~0~a-ys---------•I One The Esplamacle Ourrency: CAO Pickeri ng ON L 1V 61(7 C31l3da Item Mat eriaUOescrint ion Quantitv UM Uni t Price Total Amount 10 Good/Seivice Requested 1.00 EA $ 1.00 /EA $1.00 Net: S 1.00 T ax: S0.13 T otal: $1 .13 RFP2021-9 Northeast Pickering Community Plan Appendix A – Form of Agreement Page 12 of 53 - 148 - RFP2021-9 Northeast Pickering Community Plan Appendix B – Submission Form 1.Proponent Information Please fill out the following form, naming one person to be the proponent’s contact for the Request for Proposals process and for any clarifications or communication that might be necessary. Full Legal Name of Proponent: Any Other Relevant Name under which Proponent Carries on Business: Street Address: City, Province/State: Postal Code: Phone Number: Fax Number: Company Website (if any): Proponent Contact Name and Title: Proponent Contact Phone: Proponent Contact Fax: Proponent Contact Email: 2.Acknowledgment of Non-binding Procurement Process The Proponent acknowledges that the Request for Proposals process will be governed by the terms and conditions of the Request for Proposals, and that, among other things, such terms and conditions confirm that this procurement process does not constitute a formal, legally binding bidding process (and for greater certainty, does not give rise to a Contract A bidding process contract), and that no legal relationship or obligation regarding the procurement of any good or service will be created between the City and the proponent unless and until the City and the proponent execute a written agreement for the Deliverables. 3.Ability to Provide Deliverables The Proponent has carefully examined the Request for Proposals documents and has a clear and comprehensive knowledge of the Deliverables required. The Proponent represents and warrants its ability to provide the Deliverables in accordance with the requirements of the Request for Proposals for the rates set out in the completed Pricing Form (Appendix C). Page 13 of 53 - 149 - RFP2021-9 Northeast Pickering Community Plan 4. Non-binding Pricing The Proponent has submitted its pricing in accordance with the instructions in the Request for Proposals and in the Pricing Form (Appendix C). The Proponent confirms that the pricing information provided is accurate. The Proponent acknowledges that any inaccurate, misleading or incomplete information, including withdrawn or altered pricing, could adversely impact the acceptance of its proposal or its eligibility for future work. 5. Addenda The Proponent is deemed to have read and accepted all addenda issued by the City prior to the Deadline for Issuing Addenda. The onus is on Proponent to make any necessary amendments to their bid based on t he addenda. The Proponent is requested to confirm that it has received all addenda by listing the addenda numbers, or if no addenda were issued by writing the word “None”, on the following line: ____________________________. 6. No Prohibited Conduct The Proponent declares that it has not engaged in any conduct prohibited by this Request for Proposals. 7. Conflict of Interest For the purposes of this Request for Proposals, the term “Conflict of Interest” includes, but is not limited to, any situation or circumstance where: (a) in relation to the Request for Proposals process, the Proponent has an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to (i) having, or having access to, conf idential information of the City in the preparation of its proposal that is not available to other proponents, (ii) communicating with any person with a view to influencing preferred treatment in the Request for Proposals process (including but not limited to the lobbying of decision makers involved in the Request for Proposals process), or (iii) engaging in conduct that compromises, or could be seen to compromise, the integrity of the open and competitive Request for Proposals process or render that process non-competitive or unfair; or (b) in relation to the performance of its contractual obligations under a contract for the Deliverables, the Proponent’s other commitments, relationships or financial interests (i) could, or could be seen to, exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgement, or (ii) could, or could be seen to, compromise, impair or be incompatible with the effective performance of its contractual obligations. For the purposes of section (a)(i) above, the Proponent should disclose the names and all pertinent details of all individuals (employees, advisers, or individuals acting in any other capacity) who (a) participated in the preparation of the proposal; and (b) were employees of the City, twopointO partners inc., Cusham &Wakefield Asset Services or Page 14 of 53 - 150 - RFP2021-9 Northeast Pickering Community Plan their subsidiaries and affiliated companies within twelve (12) months prior to the Submission Deadline. If the box below is left blank, the Proponent will be deemed to declare that (a) there was no Conflict of Interest in preparing its proposal; and (b) there is no foreseeable Conflict of Interest in performing the contractual obligations contemplated in the Request for Proposals. Otherwise, if the statement below applies, check the box. The Proponent declares that there is an actual or potential Conflict of Interest relating to the preparation of its proposal, and/or the Proponent foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the Request for Proposals. If the Proponent declares an actual or potential Conflict of Interest by marking the box above, the proponent must set out below details of the actual or potential Conflict of Interest: 8.Disclosure of Information The Proponent hereby agrees that any information provided in this proposal, even if it is identified as being supplied in confidence, may be disclosed where required by law or by order of a court or tribunal. The Proponent hereby consents to the disclosure, on a confidential basis, of this proposal by the City to the advisers retained by the City to advise or assist with the Request for Proposals process, including with respect to the evaluation this proposal. Signature of Witness Signature of Proponent Representative Name of Witness Name of Proponent Representative Title of Proponent Representative Date I have the authority to bind the Proponent. Page 15 of 53 - 151 - RFP2021-9 Northeast Pickering Community Plan Appendix C – Pricing Form 1. Instructions on How to Complete Pricing Form (a) Rates must be provided in Canadian funds, inclusive of all applicable duties and taxes except for Harmonized Sales Tax, which should be itemized separately. (b) Rates quoted by the proponent must be all-inclusive and must include, but not be limitd to, items such as: all labour and material costs, all travel and carriage costs, all insurance costs, all costs of delivery, all costs of installation and set-up, including any pre-delivery inspection charges, and all other overhead, including any fees or other charges required by law. 2. Evaluation of Pricing Pricing is worth 20 points of the total score. Pricing will be scored based on a relative pricing formula using the rates set out in the Pricing Form. Each proponent will receive a percentage of the total possible points allocated to price, which will be calculated in accordance with the following formula: lowest price ÷ proponent ′s price × weighting = proponent ′s pricing points Proponents shall complete the following pricing table, including all disbursements and travel: Page 16 of 53 - 152 - RFP2021-9 Northeast Pickering Community Plan Pricing Table #1 – Description of Work Lump Sum Phase 1: Refine Work Plan and Engagerment Strategy, and Finalize Vision and Guiding Principles $ Phase 2: Background Studies, Preliminary Community Structure Plan & Neighbourhood Plan Areas $ Phase 3: Refinement of Community Structure Plan & Neighbourhood Plan Areas & Preparation of Draft Official Plan Amendment $ Phase 4: Official Plan Amendment Adoption & Approval $ Subtotal $* HST (13%) $ Total $ * This value will be used for evaluation. Pricing Table #2 – Professional Fees Proponents to provide hourly rates for work provided outside of the lump sum included above: Position Title Hourly Rate $ $ $ $ $ $ Pricing Table #3 – Additional Activities Activity Unit Cost Additional Steering Committee Meetings $ Additional Public Consultation Meetings $ Surcharge for In-person Meetings $ $ $ $ Pricing Tables #2 and #3 are not a consideration of award. Page 17 of 53 - 153 - RFP2021-9 Northeast Pickering Community Plan Appendix D -Proposal Particulars 1.Introduction and Purpose The City of Pickering is seeking the professional services of a qualified Consulting Team to prepare a Community Plan and associated background studies for lands in Northeast Pickering. The purpose of the Community Plan is to establish a more detailed planning framework in accordance with the City of Pickering Official Plan and Durham Region Official Plan. The Northeast Pickering Community Plan (NPCP) work program will be undertaken as the background study in support of a City-initiated Official Plan Amendment to the Pickering Official Plan. The Amendment will be a “parent” or “Part One” plan, and as a minimum, contain the vision, the guiding principles, the master plan concept, and implementing policies including directions on secondary or neighbourhood plans (as Pickering refers to them) requirements. The Community Plan work program will be undertaken in cooperation with the City of Pickering, the Region of Durham, and in consultation with the public, agencies and other stakeholders. Study Area The Northeast Pickering Community Plan (NPCP) Area encompasses approximately 1,600 ha (4,000 acres) in Northeast Pickering. The lands are situated in northeast Pickering, generally north of Highway 7, south of Concession Road 8, west of Lake Ridge Road, and east of Westney Road. The extent of the Community Plan Area is identified on Attachment 1 as the Northeast Pickering Lands. 2.Background & Policy Context As part of the Region’s previous Municipal Comprehensive Review, some of the lands in northeast Pickering were recommended for urban development. However, when the Minister of Municipal Affairs & Housing approved the Region’s Official Plan Amendment #128, the Minister did not support the inclusion of the lands at that time. The Minister added policy 7.3.11 p) to the Regional Official Plan that reads as follows: “where a comprehensive review of this Plan includes consideration of lands for Urban Area expansion within the City of Pickering east of the Pickering Airport lands, outside of the Greenbelt Plan, the following a dditional matters will be assessed and evaluated at that time: i) the amount and rate of development that has occurred in the Seaton Community; and ii) the preparation and completion of a watershed plan update for the East Duffins and Carruthers Creek wate rsheds.” Envision Durham The Region is currently undertaking Envision Durham , a Municipal Comprehensive Review of the Durham Regional Official Plan, to ensure conformity of the Official Plan with the policies of the Growth Plan. A key component of the Envision Durham background studies includes a Growth Management Study (GMS). The Region’s GMS Page 18 of 53 - 154 - RFP2021-9 Northeast Pickering Community Plan is being completed in two phases. The first focuses on the completion of a Land Needs Assessment (LNA). The LNA is a detailed review of the Region’s land base to determine how much of the Growth Plan population and employment forecasts can be accommodated in existing urban areas and designated greenfield areas. Any growth that cannot be accommodated within these areas would trigger a Settlement Area Boundary Expansion. Determining the quantum of additional urban area land is a key outcome of the LNA. The second phase of the Region’s GMS will focus on determining the appropriate location(s) for any required Settlement Area Boundary. As part of the GMS, the Region will be considering the Northeast Pickering lands for Settlement Area Expansion (refer to Durham Region Report 2020-P-15). The GMS will provide the appropriate analysis of the Seaton Community to satisfy subsection i) of policy 7.3.11 p) of the Regional Official Plan. Carruthers Creek Watershed Plan Furthermore, the Toronto and Region Conservation Authority (TRCA) initiated a review of the Carruthers Creek Watershed Plan in 2015. The draft watershed plan, was released for public review and comment on March 2020 . City staff prepared comments on the draft Watershed Plan (see Pickering Report PLN 16 -20). An updated Watershed Plan was prepared and Durham Regional Council endorsed the Plan on June 23, 2021, and the TRCA Board approved the updated plan on September 24, 2021. The final Carruthers Creek Watershed Plan will satisfy the requirements of subsection ii) of policy 7.3.11 p). 3. Project Organization and Management The City of Pickering is looking for a superior interdisciplinary Consulting Team to undertake the Northeast Pickering Community Planning Program. The Consulting Team’s Project Lead and City’s Project Manager will have experience in coordinating major multidisciplinary projects of a similar scope and scale, exercise strong financial control, integrate and inform work underway through related studies by others, and creatively address competing interests. The Consulting Team will demonstrate strong leadership skills and a commitment to implementing a model of sustainable development. The Consulting Team will bring expertise in sustainable community development, urban planning and design, housing, retail market assessment, parks and recreation, transportation, engineering, communication, consultation and engagement, report writing and drafting policy. The Community Plan will be led by the Consulting Team’s Project Lead and conducted by the Consulting Team. A Project Manager assigned from the City of Pickering will manage the Community Plan process and oversee the Consulting Team’s Project Lead and the Consulting Team. A Steering Committee will provide strategic direction and will consist of representatives from various City departments, agencies, and landowner representatives. Page 19 of 53 - 155 - RFP2021-9 Northeast Pickering Community Plan The responsibilities of the City’s Project Manager, Consulting Team Project Lead, Consulting Team and Steering Committee are outlined below. City’s Project Manager The Community Planning process will be led by the City Development Department who will assign a Project Manager to this process. The Project Manager will be responsible for the supervision of the process ensuring it is carried out to the satisfaction of the City in accordance with this request for proposal, and the Consulting Team’s proposal. The Project Manager will monitor the progress of the process, circulate reports for review and comment, liaise with the Consulting Team’s Project Lead, and exercise budgetary control. The Project Manager is to be: Kept informed through regular progress meetings with the Consulting Team and Steering Committee for the duration of the Study; Copied on all correspondence; Advised of significant problems, issues, options, and solutions considered; Involved in meetings with the public and stakeholders; Consulted prior to making any changes to the project schedule; and Advised of any additional work considered beyond the scope of work (additional work is not to be undertaken without prior written approval by the City’s Project Manager). Consulting Team Project Lead The Consulting Team’s Project Lead will make all day-to-day decisions, address requests for information, coordinate the Consulting Team’s work, ensure the process is within budget, and be responsible for all the deliverables outlined in this request for proposal. The Project Lead will: Attend meetings with City staff, the public and stakeholders; Involve the City’s Project Manager in any meetings with the public, agencies and stakeholders (all liaison with the public and stakeholders by the Company must be approved by the Project Manager); Prepare agendas, draft meeting notes, and final meeting notes for the Steering Committee meetings and progress meetings; Provide written responses to questions raised at meetings, as required (the City’s Project Manager is to review and approve responses prior to responding to the public and stakeholders); Liaise and correspond with the City’s Project Manager to obtain and communicate information related to the Study; Advise the City’s Project Manager of significant problems/issues and options considered; Update the City’s Project Manager on a monthly basis on details of the Study; Page 20 of 53 - 156 - RFP2021-9 Northeast Pickering Community Plan Co-ordinate project tasks with any related task undertaken by the City; Prepare and submit reports, drawings and other documentation to the City and obtain comments, and approvals; Submit progress reports to the City’s Project Manager at least five (5) days prior to any progress meeting; Prepare for, operate, and follow-up on open houses and other consultations including presentations/displays, and dry-runs; Record and prepare a summary of comments; and Receive the City’s Project Manager’s prior written approval for any significant change from the approved project schedule, budget or tasks. Consulting Team The Consulting Team shall have the necessary qualifications to undertake the scope of work and deliverables detailed in Section 4.0. Steering Committee The Northeast Pickering Steering Committee will be led by the City’s Project Manager and will have senior representation from various City Departments, the Consulting Team Project Lead, Region of Durham, Conservation Authorities, North East Pickering Landowners Group, and other agencies and stakeholders as may be required. The purpose of the Steering Committee is to ensure that all of the major stakeholders in the Community Plan area have a forum and opportunity to make their interests known. The Committee is intended to keep all relevant agencies and organizations up to date on the status up the planning process and timelines for achieving key milestones, as well as to highlight issues and progress that is made on any related stu dies. The Steering Committee will: Provide advice and strategic direction to the City and the Consulting Team on the overall Community Plan process; and, Review draft and final meeting notes for Steering Committee meetings. The Steering Committee members will serve as the liaison between their respective agency/organization and the City. Members are responsible for coordinating and representing their agency’s/organization’s position. 4. Scope of Work The NPCP Work Program is intended to occur in four (4) phases: 1. Phase 1: Refine Work Plan and Engagement Strategy, and Finalization of Vision and Guiding Principles; 2. Phase 2: Background Studies, Preliminary Community Structure Plan & Neighbourhood Plan Areas; 3. Phase 3: Refinement of Community Structure Plan & Neighbourhood Plan Areas & Preparation of Draft Official Plan Amendment; and, 4. Phase 4: Official Plan Amendment Adoption & Approval Page 21 of 53 - 157 - RFP2021-9 Northeast Pickering Community Plan The project will start with a start-up meeting with the Consulting Team Project Lead, the City’s Project Manager, the Chief Planner and other City staff as necessary. Key components of the scope of work required to be undertaken by the Consulting Team as part of each phase is detailed in the subsections below. Phase 1: Refine Work Plan and Engagement Strategy, and Finalization of Vision and Principles Phase 1 of the Community Planning Program is intended to occur concurrently with Phase 2 and includes the following key tasks: Refine Work Plan Refine the Work Plan, if necessary, including a chart with key deliverables and meeting milestones, for review and approval by City staff in consultation with the Steering Committee. The Consulting Team’s Work Plan will be based on the Scope of Work detailed in Section 4.0 and the Project Schedule included in Section 7.0 of this document. Refine the Stakeholder Engagement Strategy Refine the Stakeholder Engagement Strategy, if necessary, with recommended approaches and formats for engaging broad interest and public participation in the Community Plan process (e.g. type of session, required materials etc.). The Strategy at minimum shall include, recommendations for the required Public Consultation Meetings, Statutory Public Meeting and Steering Committee Meetings outlined in Section 6.0. In general, it is expected the Consulting Team will be responsible for preparation, operation and follow-up on open houses and other consultations, including presentations/displays, dry-runs, set-ups, attendance, and compilation of comments. The City will be responsible for preparation and circulation of public notic es for the public/stakeholder consultation meetings. Additional consultations with specific stakeholders may be requested by the City through the course of the Study. Further details on the Stakeholder Engagement Strategy are provided in Section 5.0. Finalize Vision and Guiding Principles As part of Phase 1, the Consulting Team will be required to facilitate visioning session(s) with key stakeholders and the public. The sessions are intended to aid the City in finalizing an overall vision and guiding principles for the NPCP, as well as to support the development of a Community Structure Plan and Neighbourhood Plan Areas. The Vision and Community Design Principles included in Attachment 2 should form the preliminary basis of this exercise and shall be refined by the Consulting Team, in consultation with the City, as a result of stakeholder engagement. Page 22 of 53 - 158 - RFP2021-9 Northeast Pickering Community Plan Phase 2: Background Studies Phase 2 of the Community Planning Program includes the following key tasks: Prepare Terms of Reference The initial step of the Phase 2 Work Program involves the preparation of detailed Terms of Reference for required studies, circulation of draft Terms of Reference to relevant agencies and the Steering Committee for review and comment, and finalization of Terms of Reference prior to commencing work on the respective studies. In preparing the Terms of Reference, regard should be had to the significant body of work that has been completed by others, such as the conservation authorities and landowners in Northeast Pickering. This task includes attendance by the Project Lead and other members of the team, as required, at a minimum of one (1) Steering Committee Meeting as identified in Section 6.0. Undertake Required Background Studies The following studies and analyses will be required to be completed by the Consulting Team. The City will circulate draft reports to all relevant agencies and stakeholders for review and comment and the reports will be finalized based on this input. 1.1.1.1 Community Services and Facilities Study Community, cultural, recreational and other public uses are an essential component of the development of the Northeast Pickering Community. The Community Services and Facilities Study assesses the need for community services and facilities (e.g. community centres, parks and open space, schools, places of worship, emergency services) required to adequately support the planned population of the NPCP. The key sub-deliverables of the report include: A review of the community services and facility goals and objectives of the Region and City Official Plans, including a review of all relevant documents including the City’s Recreation and Parks Master Plan. An assessment of the need for community services and facilities based on population driven service ratios or other City and agency standard service levels and requirements; A description of where, how, and when the public services and facilities could be provided. a recommendation based on best practices regarding parks and recreation and opportunities for the development of joint and/or mixed-use facilities to achieve land use efficiencies. 1.1.1.2 Transportation Background Analysis This analysis is required to assess the adequacy of existing local and regional infrastructure (transportation/transit, including pedestrian and bicycle path s), as well as evaluate and identify infrastructure requirements (i.e., new or upgraded local and Page 23 of 53 - 159 - RFP2021-9 Northeast Pickering Community Plan Regional infrastructure) that will be necessary to service the Northeast Pickering Community. This analysis will build off Durham’s Transportation Master Plan and Pickering’s Integrated Transportation Master as well as the City and Region Official Plan policies. The key sub-deliverables of the report will include: 1. An integrated transportation/transit strategy (e.g., road network, public transit, active transportation, complete streets) that will support a well-connected network of corridors and complete streets (roads, rails, sidewalks, trails and bikeways). 2. Phases 1 and 2 of the Environmental Assessment (EA) process under the Environmental Assessment Act, with respect to the planning and layout of any arterial or major (mid-block) collector roads. Policies will also be included in the Plan to inform the later completion of Phases 3 and 4 of the EA process. Relevant work completed: Preliminary Transportation Study Veraine, Pickering: Final Report, prepared by IBI Group, dated October 2019; 1.1.1.3 High Level Background Servicing Analysis The servicing analysis will be required to examine and identify the adequacy of existing local and regional water and wastewater infrastructure, as well as major infrastructure requirements (i.e., new or upgraded local and Regional infrastructure) necessary to service the Northeast Pickering Community. Information from the Region’s Water and Wastewater Master Plan Study Review (currently underway), as well as City and Regional Official Plan policies should be used to inform this analysis. The key sub-deliverables of this study will include: 1) An evaluation of alternatives and recommendations on a preferred strategy. 2) Identification of which components of the preferred servicing strategy that would be subject to a future Municipal Class Environment Assessment process. Relevant work completed: Preliminary Master Servicing Report Veraine – North East Pickering, prepared by SCS Consulting Group Ltd., dated April 2020; 1.1.1.4 Natural Heritage and Hazard Background Analysis This analysis will inventory, characterize and assess natural hazard, natural heritage and water resource features and functions within the NPCP. The analysis will provide recommendations for the protection, conservation and management of natural hazard, natural heritage, and water resource features within the NPCP. The Natural Heritage and Hazard Background Analysis will draw on the City and Regional Official plan policies as well as TRCA and CLOCA guidelines. The key sub-deliverables of this study will include: 1) A hydrology assessment based on a land use concept, and a hydraulic assessment for flood plain modelling and a Regional Flood Analysis and an Assessment of Mitigation Measures; 2) A desktop assessment of natural heritage features, targeted field verification and recommendations for the creation of a natural heritage system, including mapping and proposed policies (to support an Official Plan Amendment); Page 24 of 53 - 160 - RFP2021-9 Northeast Pickering Community Plan 3) Recommendations for a management strategy, implementation and monitoring plan to be implemented through the NPCP and future Neighbourhood Planning Programs. Relevant work completed: Veraine Environmental Conditions Report: Final Report, prepared by GeoProcess Research Associates, dated June 2020; Veraine Hydrologic and Hydrogeologic Characterization Final Report, prepared by GeoProcess Research Associates, dated June 15, 2020; 1.1.1.5 Archeological Assessment The archaeological assessment will identify, assess, and inventory significan t archaeological resources or sites and develop a strategy to conserve those archaeological resources as per Ministry of Heritage, Sport, Tourism and Culture Industries 2011 Standards and Guidelines for Consultant Archaeologists. The assessment will also need to draw upon policies of the City and Regional Official Plans. The key deliverables of this study will include: 1) Stage 1 assessment including: a. background study, b. property inspection, 2) Stage 2 assessment including: c. property assessment, d. identification of lands requiring further study. 1.1.1.6 Cultural Heritage Analysis This cultural heritage analysis will identify, inventory and assess the significance of cultural heritage resources (built heritage resources and cultural heritage landscapes) within and in close proximity to the Northeast Pickering Community. Further, it will provide recommendations for the conservation of the cultural heritage resources within the Northeast Pickering Community and draw upon the City and Regional Official Plan policies. Information from Pickering’s Municipal Heritage Register and Cultural Strategic Plan, among other plans and studies should be used to inform this analysis. 1.1.1.7 High Level Urban Design Recommendations Report The guidelines will provide high-level design direction and will inform the preparation of more detailed urban design and sustainability guidelines as part of future Neighbourhood Planning processes. 1.1.1.8 Housing Affordability Strategy The strategy will detail the means to achieve the affordable housing targets established by the City and Regional Official Plan policies in housing forms considered affordable to low-and moderate-income households. The strategy will include a demographic and housing profile of the City of Pickering, an analysis of affordability and recommend policies and implementation measures to accommodate affordable housing within the NPCP area and future Neighbourhood Plan areas. The strategy will also need to consider the findings of Durham Region’s At Home in Durham (Housing Plan) and Page 25 of 53 - 161 - RFP2021-9 Northeast Pickering Community Plan Pickering’s Housing Strategy Study (currently underway), as well as the City and Regional Official Plan policies. The Housing Affordability Strategy will be implemented through the NPCP. 1.1.1.9 Retail Market Study The Retail Market Study will determine the total amount, type, role and function of retail uses to properly serve residents in the Northeast Pickering Community. The study will recommend the distribution of retail space within a retail hierarchy as well as identify the most appropriate locations for designating retail commercial land. In completing the Retail Market Study, the consulting team should consult with the Region of Durham as to whether a Regional Interest in commercial planning has been triggered. This study will also draw from City and Regional Official Plan policies. 1.1.1.10 Agricultural Impact Assessment This assessment will include a review of agricultural land uses within and surrounding the Northeast Pickering Community and the applicable planning policies and regulations. The assessment will identify the potential of adverse physical and operational impacts of the proposed land uses on surrounding agricultural uses and where applicable propose mitigative measures. It will also need to consider how the change in land use will adversely affect existing and future agricultural production or activities in the area. The assessment will need to draw upon the work and recommendations of the Durham Region Agricultural Strategy and the City and Region Official Plan policies. Information from OMAFRA’s Guidance Document for Agricultural Impact Assessments, among other plans and studies, should be used to guide this analysis. Relevant work completed: High Level Agricultural Assessment for Agricultural Capability, Livestock Operations and Identification of Agri-food Network Operators Durham Region, prepared by DBH Soil Services Inc., dated October 2019. 1.1.1.11 Sustainability Plan The purpose of the Sustainability Plan is to establish sustainable initiatives, principles and implementation measures to guide future development. The plan sh ould align with and build upon the goals and objectives found within the City and Regional Official Plans. The plan should review and consider the City of Pickering Sustainable Guidelines (latest version currently under review), Guideline #1 and Guideline #2 as well as Durham’s Community Climate Action Plan. Furthermore, it should identify sustainability measures at different stages of the development process (e.g. those applicable at draft plan of subdivision vs those more appropriate at site plan control and building permit. Relevant work completed: The Veraine Sustainability Report, prepared by Urban Equation, dated October 2019; Employment Lands Strategy Page 26 of 53 - 162 - RFP2021-9 Northeast Pickering Community Plan The Employment Lands Strategy (ELS) will provide a recommended vision and strategy to ensure the provision of an adequate supply of jobs for the City of Pickering’s growing population. The ELS is to include a review of the City of Pickering’s current employment land areas and related policies, best practices review, and analysis of trends/factors influencing employment. It will assist in identifying employment land locations (primarily along the Highway 407 corridor) and offer guidance on the planning framework and policy recommendations for the NPCP. Develop Community Structure Plan and Neighbourhood Plan Areas This report provides the overall planning framework and policy recommendations for the Northeast Pickering Community Plan (“NPCP”). The key sub-deliverables of the report will include: 1) An overall statement of the intended character and objectives for the NPCP will be included to provide the framework and vision. 2) Compliance matrix addressing the requirements of Provincial Plans, Durham Region Official Plan, and Pickering Official Plan policies. 3) A growth management analysis, including the forecasted population, employment, housing mix, density, and recommended phasing policies to stage development. 4) Recommended NPCP Community Structure Plan, including: 5) Recommended location of community structural elements such as community facilities, parks,libraries, hospital, fire stations, schools, emergency services, transit stations, works and waste depots, arterial and major collectors roads, and centres and corridors. 6) Proposed land use structure and designations, 7) Delineation of Neighbourhood Plan Areas, 8) Description of the other background studies that feed into the analysis. Subject to refinement in Phase 3, this report will form the planning basis for a Draft Official Plan Amendment (OPA) for the NPCP. The Community Structure OPA provides a framework for the preparation of Neighbourhood Plans by establishing policies on land use, accessible, affordable and age-friendly housing, transportation, urban design, community facilities, environmental protection, and servicing and infrastructure for the NPCP. Relevant work completed to-date: Veraine Master Plan Report, prepared by Sasaki, dated October 2019; This task includes one (1) Public Consultation Session and one (1) Steering Committee Meeting as identified in Section 6.0. Page 27 of 53 - 163 - RFP2021-9 Northeast Pickering Community Plan Phase 3: Refinement of Community Structure Plan and Neighbourhood Plan Areas, and Preparation of Draft Official Plan Amendment Phase 3 of the Community Planning Program includes the following key tasks: Prepare Draft Official Plan Amendment This task involves the preparation of draft Official Plan Amendment policies and associated schedules for the NPCP. The draft Official Plan Amendment will be a “parent” or “Part One” plan, and at minimum shall contain the vision, the guiding principles, the master plan concept, and implementing policies including directions on secondary plan requirements. The draft amendment will be circulated to relevant agencies and stakeholders for review and comment. This task includes one (1) Steering Committee Meeting as identified in Section 6.0. Phase 4: Official Plan Amendment Adoption and Approval Phase 4 of the Community Planning Program includes the following key tasks: Official Plan Amendment Adoption This task involves the refinement of the draft Official Plan Amendment and associated schedules in response to agency and stakeholder comments. It will result in the preparation of a draft final Official Plan Amendment and associated schedules for consideration by the City’s Planning & Development Committee and Council for adoption. This task includes one (1) Statutory Public Information Meeting, one (1) information update meeting, and one (1) Committee/Council Meeting for the Recommended Official Plan Amendment.. Official Plan Amendment Regional Approval The Council adopted Official Plan Amendment and supporting background studies will be provided by the City to the Region of Durham for approval. This task includes City staff’s and the Consulting Team’s review and response, as required, to Regional comments and proposed modifications regarding the Council adopted Official Plan Amendment. 5. Stakeholder Engagement Strategy Initiating a dialogue with the public and stakeholders, and facilitating participation in the process is key to achieving broad support, and an appropriate land use plan, for Northeast Pickering. It is noted that the strategy is to be flexible and adaptable, considering the nature of the information being exchanged throughout the consultation strategy. Additionally, the consultation strategy is to include consultations with First Nations communities. The Consulting Team shall prepare, and include in their proposal, a preliminary consultation strategy that demonstrates how they propose to obtain early input from the public and stakeholders in an effort to advance the resolution of issues, and identify concerns requiring further research. The consultation strategy is to incorporate the City Page 28 of 53 - 164 - RFP2021-9 Northeast Pickering Community Plan of Pickering’s digital engagement platform. A refined consultation/stakeholder engagement strategy is to be developed following the project start-up meeting and in coordination with the City of Pickering’s Corporate Communicates staff to ensure that it utilizes current communication methods/platforms. The Consulting Team will be responsible for the following: Facilitation, presentation and subject matter expertise at public and stakeholder meetings, including the preparation and delivery of any presentations, preparation and printing of handout material and/or display boards, and, staffing for public consultation sessions; Presentation and subject matter expertise at me etings of the Planning & Development Committee and Council; including the preparation and delivery of any presentations, display boards, and consolidation/summary of comments; Creation and maintenance of a public consultation file, including a matrix documenting public and stakeholder comments with the Project Team and City staff responses; Preparation of agenda, draft meeting notes, and final meeting notes for the progress meetings and Steering Committee meetings; Advice/input on consultation proposed by the City, such as media releases and newspaper ads, social media advertisements, website page, brochures, etc; and, Recommended approach for consultation (and form of consultation) with specific stakeholders that may be warranted or appropriate to seek input on specific topics. The City’s Project Manager will be responsible for the following: Establishment and updating of a study page on the City’s website to facilitate communication with the public; Creation and maintenance of a database of public, stakeholder and agency contacts; Posting of social media messaging; Booking of venues and audio visual equipment, and provision of refreshments (as warranted) for public and stakeholder meetings; Circulation of any study documents/deliverables; and, Preparation and circulation of public notices in the local newspaper, mail, email, on the City’s website, etc. All external consultation elements will require pre-approval by the City’s Project Manager and are subject to participation by the City. The consultation stra tegy proposed by the Project Team shall comply with Municipal Freedom of Information and Protection of Privacy Act requirements. Page 29 of 53 - 165 - RFP2021-9 Northeast Pickering Community Plan 6. Meetings & Presentations The following lists the type and minimum number of meetings that are to be included in the Proponent’s proposal. The Project Schedule identified in Section 7.0, includes preliminary targets by phase for key meetings/presentations. Meeting Minimum Number Start-up Meeting 1. One (1) Start-up Meeting with Consultant Team and City’s Project Manager 1 Steering Committee Meetings 1. One (1) Kick-off Meeting 2. One (1) Terms of Reference Review Meeting 3. Two (2) Draft Background Studies, Preliminary Concept, Structure and Neighbourhood Plan Areas Review Meeting 4. Two (2) Draft Official Plan Amendment Review Meeting 6 Public Consultation Sessions 1. One (1) Session on Visioning and Guiding Principles; 2. One (1) Session on Preliminary Concept, Structure and Neighbourhood Plan Areas 3. One (1) Recommended Structure and Neighbourhood Plan 3 Planning & Development Committee Meetings and/or Council Meetings These meetings include: 4. One (1) Statutory Public Meeting 5. One (1) Information/Update Meeting 6. One (1) Meeting for Recommended Official Plan Amendment 3 TOTAL 13 Additional Meetings may be required over the course of the Community Plan process. These meetings will be identified by the City’s Project Manager, in consultation with the Consulting Team Project Lead and Steering Committee, during the course of the Community Plan process. Page 30 of 53 - 166 - RFP2021-9 Northeast Pickering Community Plan 7. Project Schedule The Community Plan process is expected to take approximately twenty-four (24) months with an award and start-up meeting between the Consulting Team Project Lead and City’s Project Manager prior to March 31, 2022. Proponents shall submit a work plan, in the form of a Gantt Chart (or other sim ilar illustration), for all portions of the contract in accordance with the estimated timeline below. The work plan must contain detailed descriptions of all tasks to be performed, staff responsible for each task, key milestones and activities for completing the work. Proponents may propose alternative milestone events and/or dates, provided that the proposed overall duration does not exceed twenty-four (24) months. Award of Contract Phase 1 – Refine Work Plan & Engagement Strategy and Finalization of Vision and Principles Start-up Meeting Refine Work Plan and Stakeholder Engagement Strategy Steering Committee Kick-off Meeting Public Consultation Meeting #1 Finalize Vision and Principles Phase 2 – Background Studies, Preliminary Community Structure Plan & Neighbourhood Plan Areas Complete Terms of Reference for Background Studies Complete Draft and Final Background Studies Complete Preliminary Concept, Structure and Neighbourhood Plan Areas Public Consultation Meeting #2 Steering Committee Meetings Phase 3 – Community Structure Plan & Neighbourhood Plan Areas Refinement & Draft Official Plan Amendment Complete Draft Official Plan Amendment Public Consultation #3 Steering Committee Meetings Phase 4 – Official Plan Amendment Adoption & Approval Statutory Public Meeting at Planning & Development Committee Information Update Meeting Official Plan Amendment Adoption Official Plan Amendment Regional Approval 8. Considerations AODA Compliance and City of Pickering Brand Guidelines Studies, reports, plans and presentations that will be published on the City of Pickering website must be provided to the City in an accessible format compatible to Adobe Acrobat XI or higher. Page 31 of 53 - 167 - RFP2021-9 Northeast Pickering Community Plan Companies performing the work for the City must comply with the Accessibility for Ontarians With Disabilities Act, 2005 (“AODA”), in particular the Integrated Accessibility Standards, O. Reg. 191/11. Unless determined by the City to not be practicable, Companies shall ensure that any information, products, deliverables and/or communications (as defined in the Integrated Regulation) produced pursuant to a contract shall be in conformity with World Wide Web Consortium Web Content Accessibility Guidelines (WCAG) 2.0 Level AA and shall be provided in accessible Word, Excel, PowerPoint, PDF, etc. Visit Ontario.ca for rules on how to comply. Materials produced must comply with the City’s Creating Accessible Documents Procedure. All documents and products produced by the Company that will be released to the public (electronic and hard copy) must also comply with the City’s Brand Guidelines. This includes PowerPoint presentations, reports, newsletters, brochures and any other handout material. Submission of Electronic Documents All electronic documents produced by the Project Team during the course of the study and at the conclusion of it will be compatible with the City’s Information Technology systems and software. At the conclusion of the Study, the Company will compile and submit to the City all electronic files corresponding, but not limited to, the following: letters and communications, memorandums, meeting minutes and agendas in Microsoft Word 2016 background and technical documents in Microsoft Word or Excel, as applicable study report(s) and appendices, including draft By-laws in the following formats, as applicable: 1. Microsoft Word 2016 2. Adobe InDesign 3. PDF (compatible with Acrobat Pro Version 2019.010.20091) GIS and AutoCAD (Map 3D 2018) files in the following format: 1. GIS shapefile georeferenced to NAD_1983_UTM_Zone_17N 2. WKID: 26917 Authority: EPSG sketches, drawings, illustrations and graphics in the following, as applicable: 1. AutoCAD (map 3D 2018) georeferenced to NAD_1983_UTM_Zone_17N 2. Corel Draw (X8) 3. Adobe Illustrator Page 32 of 53 - 168 - RFP2021-9 Northeast Pickering Community Plan 9. Resources The City will, upon request, make a variety of documents and data available to the Project Team. In certain circumstances, the Project Team may need to enter into an agreement with the City or other public body to access or use certain data sets. The study resources include: Planning Act Provincial Policy Statement A Place to Grow: Growth Plan for the Greater Golden Horseshoe Greenbelt Plan Oak Ridges Moraine Conservation Plan TRCA Living City Policies Carruthers Creek Watershed Plan Duffins Creek Watershed Plan Lynde Creek Watershed Plan OMAFRA’s Guidance Document for Agricultural Impact Assessments and Minimum Distance Separation Formulae Region of Durham Durham Regional Official Plan Envision Durham Documents Transportation Master Plan At Home in Durham (Housing Plan) Durham Region Agricultural Strategy City of Pickering Pickering Official Plan Recreation & Parks Master Plan Integrated Transportation Master Plan Cultural Strategic Plan Housing Strategy Study (in progress) City of Pickering Sustainable Guidelines (update in progress) Municipal Heritage Register at https://www.pickering.ca/en/city- hall/resources/Municipal-Heritage-Register-June-2021-ACC.pdf Landowner Group Documents Page 33 of 53 - 169 - RFP2021-9 Northeast Pickering Community Plan Why Veraine? Settlement Boundary Expansion Rationale, prepared by SGL Planning Associates Inc., et al, dated June 2020 Veraine Master Plan Report, prepared by Sasaki, dated October 2019 Veraine Environmental Conditions Report: Final Report, prepared by GeoProcess Research Associates, dated June 2020 Veraine Hydrologic and Hydrogeologic Characterization Final Report, prepared by GeoProcess Research Associates, dated June 15, 2020 Preliminary Transportation Study Veraine, Pickering: Final Report, prepared by IBI Group, dated October 2019 Preliminary Master Servicing Report Veraine – North East Pickering, prepared by SCS Consulting Group Ltd., dated April 2020 The Veraine Sustainability Report, prepared by Urban Equation, dated October 2019 High Level Agricultural Assessment for Agricultural Capability, Livestock Operations and Identification of Agri-food Network Operators Durham Region, prepared by DBH Soil Services Inc., dated October 2019 B. Material Disclosures The material disclosures that apply to this Request for Proposals, if any, are set out below. Not applicable for this RFP. 1. The pre-conditions of award that apply to this Request for Proposals are set out below. The Proponent agrees to provide to the City for review after closing: (a) a copy of the City’s Health & Safety Regulations form currently dated and signed available at https://www.pickering.ca/en/city-hall/resources/FIN-S1701.pdf (b) a certificate of insurance completed by the Company’s agent, broker or insurer; and (c) such further information as the City may require, as requested in writing. Items (a) and (b) do not have to be submitted with the proposal. Documentation (a) and (b) shall be provided within three (3) business days of written request by the City. The City’s findings shall be used to serve the best interests of the Corporation of the City of Pickering. 2. Supplementary Documents Page 34 of 53 - 170 - RFP2021-9 Northeast Pickering Community Plan Subsequent to the Request for Proposal opening and upon request, the following documentation may be requested by the City for approval at any time throughout the duration of the project: (a) A completed Sub-contractors List (attached), listing all sub-contractors who may be carrying out any part of this Contract; and (b) such further information, as the City may request in writing. Documentation shall be provided within three (3) business days of written request by the City. The City’s findings shall be used to serve the best interests of the Corporation of the City of Pickering. C. Mandatory Technical Requirements The mandatory technical requirements that apply to this Request for Proposals, if any, are set out below. Not applicable fo this RFP. D. Rated Criteria The following is an overview of the categories and weighting for the rated criteria of the Request for Proposals. Proponents who do not meet a minimum threshold score for a category will not proceed to the next stage of the evaluation process. Rated Criteria Category Weighting (Points) Threshold Company’s Experience and Qualifications 15 8 Understanding of Project 15 8 Work Plan and Deliverables 30 16 Consulting Team Lead, Consulting Team Members and Resources 20 12 Quality of References Pass/Fail Total Rated Criteria Points 80 Pricing 20 Total Points 100 Interview (up to 3 Proponents, if required) 25 Total Points (if interview required) 125 Company’s Experience and Qualifications = 15 Points Page 35 of 53 - 171 - RFP2021-9 Northeast Pickering Community Plan a) Provide a Company profile and three (3) relevant examples of past projects within the last ten (10) years that are comparable in scope. This should include a project synopsis that identifies the team members assembled who worked on the project, the current project status, budgeted costs versus actual costs, scheduling issues and resolutions, and design challenges or efficiencies. Provide client names, contacts and up-to-date contact phone numbers. b) A description demonstrating the Company’s substantial resources and support services available. c) A description of the Company’s proven methodology for communicating information to the applicable stakeholders. Understanding of Project = 15 Points The Proposal should include information that provides: a) Information that the Proponent understands the objectives and requirements of this project. Proponents must relate these objectives to past experience or expertise of the Proponent and/or their team; and b) A summary of the risks, problems or issues associated with the work and how they will be mitigated. Work Plan and Deliverables = 30 Points The Proponent is to provide a written response which clearly and concisely details the following: 1. An indication of when the Consultant can commence the work; 2. A detailed work plan for Phases 1 -4 indicating and detailing the method, tasks and deliverables, including an outline of the methods to engage and communicate with the public; 3. A preliminary consultation strategy that demonstrates how they propose to obtain early input from the public and stakeholders in an effort to advance the resolution of issues, and identify concerns requiring further research. 4. A preliminary work schedule that identifies work phases (by Gantt Chart or other similar illustration) including key dates for major deliverables (concept, goals and objectives, development criteria, community workshops and focus groups, infrastructure and implementation) in the proposed detailed work plan; 5. Proposed staffing roles and the amount of time that they will be dedicated to this project; 6. State the assumptions regarding the roles and involvement of City staff; 7. Identification of “value-added” services brought by the Consultant’s team; and Page 36 of 53 - 172 - RFP2021-9 Northeast Pickering Community Plan 8. A description of the quality control methods that will be employed throughout the work phases. Project Manager, Project Team and Resources = 20 Points It is important that the Work be provided by a staff team that can demonstrate knowledge of, and experience in providing similar services for projects of comparable nature, size and scope. In particular, the Proponent should provide an overview of the key personnel who would be primarily involved in the project and include the following: a) Identify the prime firm submitting the Proposal and the sub -consultant firms (if applicable) that will be assembled to undertake the work for each part of the deliverables. b) The name, title, mailing address, phone number and e-mail address of the Project Manager; c) Condensed resumes and professional credentials of each individual on the Project Team that highlights their education, training, and work history; d) The respective roles of the team members and their current office locations. Team members named in this RFP cannot be replaced without prior written approval from the City; e) Current and future project list that will be undertaken by members of the Proponent’s team including their current workload (i.e., identify other competing priorities that are assigned to each member within this project timeline); and f) Organizational chart that clearly defines the chain of command for each individual with the team. Quality of References = Pass/Fail Each proponent is requested to provide three (3) references of projects similar in scope and value, completed over the last ten (10) years. Complete Appendix E – Reference Form (or supply on other paper stock) and submit with the proposal. The City will contact the references provided as part of its e valuation process. Pricing = 20 Points Proponents should review, complete and submit Appendix C, Pricing Form. Interview – 25 Points (if required) Up to a maximum of three (3) of the top-ranked Proponents may be selected to attend an interview with key City staff at a mutually agreeable date/time at the City’s specified location. A presentation should address a brief overview of the proponents RFP submission, highlighting the Consulting Team Lead’s demonstrated ability to handle a large, multidisciplinary team of consults; proven ability to contain project costs to approved Page 37 of 53 - 173 - RFP2021-9 Northeast Pickering Community Plan budgets and avoid ‘scope creep’; the breadth and depth of experience of the assembled team; overview of the work program, project schedule; “value-added” services brought by the team; and highlights of the proposed multi-stakeholder consultations. The City reserves the right to ask follow-up questions regarding a Proponent’s RFP submission or presentation. Page 38 of 53 - 174 - RFP2021-9 Northeast Pickering Community Plan Amendments to City of Pickering Standard Quotation Terms and Conditions The following terms are in addition to the City’s Standard Quotation Terms and Conditions attached herein. Pursuant to Standard Quotation Terms and Conditions, Item 16 - Insurance: The Company shall maintain and pay for Comprehensive General Liability Insurance including premises and all operations. This insurance coverage shall be subject to limits of not less than five million ($5,000,000.00) dollars inclusive per occurrence; an automobile insurance under a standard automobile policy with limits no less than two million ($2,000,000) per occurrence in respect of each Company owned or leased licensed vehicle; and a Professional Liability with limits no less than five million ($5,000,000) per occurrence. (a) The policy shall include The Corporation of the City of Pickering, as additional insured without subrogation in respect of all operations performed by or on behalf of the Company. (b) The policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the City. (c) If the City is not provided with a renewal of the policy at least thirty (30) days prior to its expiration date, then the City may arrange a public liability policy insuring the City in the amount of $5,000,000.00 for Comprehensive General Liability Insurance, and $2,000,000.00 dollars for automotive liability insurance at the expense of the Company, which may be recovered from amounts owed to the Company or from any form of security still in the City's possession. (d) At the request of the City, the Company is to provide proof that all premiums on policy(ies) have been paid. (e) The Certificate of Insurance “form” does not have to be included with the quotation submission. Page 39 of 53 - 175 - RFP2021-9 Northeast Pickering Community Plan City Of Pickering Standard Quotation Terms and Conditions 1. Definitions City -The Corporation of the City of Pickering, its successors and assigns. Company -The person, firm or corporation to whom the City has awarded the Contract, its successors and assigns. Contract -The purchase order authorizing the Company to do the work, the quotation, the bonds or security (if any), the Company's quotation and change notices, appendices, and addenda (if any). Subcontractor -A person, firm or corporation having a Contract with the Company for any part of the work. Quotation Document -The documents issued by the City in response to which quotations are invited for the performance of Work. Work -All labour, materials, products, supplies, goods, articles, equipment, fixtures, services, acts, required to be done, furnished or performed by the Company, which are the subject of the Contract. 2. Contract Documents and Order of Precedence The contract documents shall consist of the purchase order; and the Company's quotation accepted by the City. The documents and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. Amendments to the Contract, in the form of purchase order alterations, shall take precedence over the documents or portions thereof ame nded thereby. Purchase order alterations, appendices and addenda to any contract document shall be considered part of such document. The intent of the contract is that the Company shall supply work complete for a particular purpose, be fit and suitable for the City's intended use. None of the conditions contained in the Company’s standard or general conditions of sale shall be of any 'effect unless explicitly agreed to by the City and set forth in the purchase order or specifically referred to therein. The Contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. Page 40 of 53 - 176 - RFP2021-9 Northeast Pickering Community Plan 3. Delivery Unless otherwise stated, the Work specified or called for in or under the quotation shall be delivered or completely performed by the Company as soon as possible and in any event within the period set out herein as the guaranteed period of delivery or completion after receipt of a purchase order therefore. A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles, or equipment, shall accompany each delivery thereof. A receiver's receipt shall not bind the City to accept the Work, covered thereby, or the particulars of the delivery ticket or piece tally therefore. Unless otherwise stated, all work pursuant to a purchase order based on the quotation, shall be subject to inspection by the City at the point of unloading, or the site of work or service. The Company shall be responsible for arranging the Work so that completion shall be as specified in the Contract. 4. Pricing Requirement Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination. Prices shall all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the quotation. No claims for extra work will be entertained and any additional work must be authorized in writing prior to commencement. Payment shall be full compensation for all costs related to the Work, including operating and overhead costs to provide work to the satisfaction of the City. All prices quoted shall include applicable customs duty, excise tax, freight, insurance and all other charges of every kind attributable to the work. Harmonized Sales Tax shall be extra and not shown, unless otherwise specified herein. If the Company intends to manufacture or fabricate any part of the Work outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for custom purposes. Should any additional tax or duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario or any increase or decrease in the rate of foreign exchange become directly applicable to goods, material, articles or equipment specified or called for in this quotation subsequent to its submission by the Company and before the delivery of goods, material, Page 41 of 53 - 177 - RFP2021-9 Northeast Pickering Community Plan articles or equipment or the completion of the work or services covered thereby, pursuant to a purchase order issued by the City, the appropriate increase or decrease in the price of such goods, material, articles or equipment, shall be made to compensate for such changes as of the effective date thereof. 5. Terms of Payment Payments made hereunder, including final payment, shall not relieve the Company from its obligations or liabilities under the Contract. Acceptance by the Company of the final payment shall constitute a waiver of claims by the Company against the City, except those previously made in writing in accordance with the Contract and still unsettled. The City shall have the right to withhold from any sum otherwise payable to the Company such amount as may be sufficient to remedy any defect or deficiency in the Work, pending correction of it. Invoices shall be forwarded via mail to: The Corporation of the City of Pickering Attn: Accounts Payable Pickering Civic Complex One The Esplanade Pickering, ON L1V 6K7 or via email to: accountspayable@pickering.ca 6. Patents and Copyrights The Company shall, at its expense, defend all claims, actions or proceedings against the City based on any allegations that the Work or any part of the Work constitutes an infringement or any patent, copyright or other proprietary right, and shall pay to the City all costs, damages, charges and expenses, including its lawyer’s fees on a solicitor and his own client basis occasioned to the City by reason thereof. The Company shall pay all royalties and patent licence required for the Work. If the Work or any part thereof is action or proceeding held to constitute an infringement, the Company shall forthwith either secure for the City the right to continue using the Work of shall at the Company’s expense, replace the infringing Work with non-infringing work or modify it so that the Work no longer infringes. Quotations for equivalents may be considered but the mark or brand thereof must be specified. Page 42 of 53 - 178 - RFP2021-9 Northeast Pickering Community Plan 7. Assignment The Company shall not assign the Contract or any portion thereof without the prior written consent of the City. 8. Laws and Regulations The Company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and by-laws pertaining to the work and its performance. The Company shall be responsible for ensuring similar compliance by its suppliers and Subcontractors. The Company shall comply with all Federal, Provincial and Municipal statutes, regulations and by-laws whether or not specified and/or shown on drawings, obtain all permits and notices as may be required for the work. The Company shall be responsible for ensuring similar compliance by its suppliers and Subcontractors. All fees, taxes, duties and other expenses related thereto shall be the responsibility of the Company. No additional costs to the City will be incurred as a result of such undertakings. 9. Correction of Defects If at any time prior to one year after the actual delivery date or completion of the Work, (or specified warranty/guarantee period if longer than one year) any part of the Work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the Contract, the Company upon request, shall make good every such defect, deficiency or failure without cost to the City. The Company shall pay all transportation costs for Work both ways between the Company’s factory or repair depot and the point of use. 10. Default by Company (a) If the Company commits any act of bankruptcy or if a receiver is appointed on account of its insolvency or in respect of any of its property, or if the Company makes a general assignment for the benefit of its creditors; then, in any such case, the City may without notice, terminate the Contract. (b) If the Company fails to comply with any request, instruction or order of the City, or fails to pay its accounts, or fails to comply with or persistently disregards statutes, regulations, by-laws or directives of relevant authorities relating to the Work, or fails to prosecute the Work with skill and diligence, or assigns or sublets the Contract or any portion thereof without the City’s prior written consent, or refuses to correct defective Work; or is Page 43 of 53 - 179 - RFP2021-9 Northeast Pickering Community Plan otherwise in carrying out its part of any of the terms, conditions and obligations of the Contract, then, in any such case, the City may, upon written notice to the Company, terminate the Contract. (c) Any termination of the Contract by the City, as aforesaid, shall be without prejudice to any other rights or remedies the City may have and without incurring any liability whatsoever in respect thereto. (d) If the City terminates the Contract, it is entitled to: i take possession of all Work in progress, materials and construction equipment then at the project site (at no additional charge for the retention or use of the construction equipment), and finish the Work by whatever means the City may deem appropriate under the circumstances: ii withhold any further payments to the Company until completion of the work and the expiry of all obligations under the Correction of Defects Section; iii Recover from the Company loss, damage and expense incurred by the City by reason of the Company’s default (which may be deducted from any monies due or becoming due to the Company any balance to be paid by the Company to the City). (e) City reserves the right to not consider a company for an indeterminate period of time who has been terminated by the City or has been deemed by the City to have provided unsatisfactory Work, goods, services, or health and safety practises in accordance with the City’s Purchasing Policy. (f) The City reserves full discretion as to when Work, goods or services are deemed to be unsatisfactory and exercising its rights related thereto without liability or settlement. 11. Contract Cancellation The City shall have the right to cancel any uncompleted or unperformed portion of the Work or part thereof, upon providing written notice to the Company. The City shall not be liable to the Company for loss of anticipated profit on the cancelled portion or portions of the Work. 12. Quantities Where quantities are shown as approximate, they are not guaranteed to be accurate and are furnished without any liability on behalf of the City and shall be used as a basis for comparison only. Page 44 of 53 - 180 - RFP2021-9 Northeast Pickering Community Plan Payment will be by the unit complete at the quoted rate on actual quantities deemed acceptable by the City. 13. Surety The Company shall, if the City in its absolute discretion so desires, be required to satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or money order or other form of surety, in an amount determined by the City. This surety may be held by the City until 60 days after the day on which all Work covered by the Contract has been completed and accepted. This surety may be returned before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the Company in carrying out the Work have expired or have been satisfied, discharged or provided for and that a clearance certificate from the W orkplace Safety & Insurance Board has been issued. Failure to furnish the surety within two weeks from date of request thereof by the City shall make the award of the Contract by the City subject to withdrawal. 14. Workplace Safety & Insurance All of the Company’s personnel must be covered by the Workplace Safety & Insurance Board at the Company’s expense. The Company shall provide the City with a Clearance Certificate from the Workplace Safety & Insurance Board prior to the commencement of work, certifying that all assessments and liabilities payable to the Board have been paid, and that the bidder is in good standing with the Board. The bidder shall provide the City with a Clearance Certificate prior to final payment certifying all payments by the Company to the Board in conjunction with the subject Contract have been made and that the City will not be liable to the Board for future payments in connection with the Company’s completion of the project. A Company deemed to be an Independent Operator by the Workplace Safety & Insurance Board is to provide a copy of such letter to the City containing the Independent Operator identification number issued by the Board. An Independent Operator must be covered by WSIB optional insurance and provide proof of this coverage upon request. 15. Liability The Company agrees to at all times defend, fully indemnify and save harmless the City from all actions, suits, claims and demands, losses, costs, charges and expenses arising by reason of injury or death to any person or a ny property or charges brought or made against or incurred by the City from or relating to the Work performed or to be performed herein. Page 45 of 53 - 181 - RFP2021-9 Northeast Pickering Community Plan 16. Insurance Upon request by the City, the Company shall take out and keep in force a policy of liability insurance in the amount of $2,000,000 inclusive each occurrence (or such larger amount as may be required), and not less than two million ($2,000,000.00) automotive liability insurance coverage. Certificate(s) of insurance shall be provided upon request by the City. (a) The policy shall include The Corporation of the City of Pickering, as additional named insured without subrogation in respect of all operations performed by or on behalf of the Company, a certificate of insurance shall be completed by the Company’s agent, broker or insurer. (b) The policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the City. (c) If the City is not provided with a renewal of the policy at least thirty (30) days prior to its expiration date, then the City may arrange a public liability policy insuring the City in the amount of $2,000,000.00 and an automotive liability policy insuring the City in the amount of two million ($2,000,000) at the expense of the Company, which may be recovered from amounts owed to the Company or from any form of security still in the City's possession. 17. Unpaid Accounts The Company shall indemnify the City from all claims arising of the unpaid accounts relating to the Work. The City shall have the right at any time to require satisfactory evidence that the Work of which any payment has been made or is to be made by the City is free and clear of liens, attachments, claims, demands, charges or other encumbrances. 18. Suspension of Work The City may without invalidating the Contract, suspend performance by the Company from time to time of any port or the whole of the work for such reasonable time as the City may determine. The resumption and completion of the Work after the suspension shall be governed by th e schedule established by the City. 19. Changes in the Work The City may, without invalidating the contract, direct the Company to make changes to the Work. When the change causes the increase or decrease in the Work, the contract price shall be increased or decreased by the application of unit prices to the quantum of such increase or decrease Page 46 of 53 - 182 - RFP2021-9 Northeast Pickering Community Plan 20. Accessibility Regulations for Contracted Services In accordance with Ontario Regulation 429/07, Accessibility Standards for Customer Service Sect. 6, every provider of goods and services shall ensure that every person who deals with members of the public or participates in the developing of the service providers policies, practices and procedures governing the provision of goods and services to members of the public, shall be trained on the following: (a) How to interact and communicate with persons with various types of disability (b) How to interact with persons with disabilities who use assistive devices or require the assistance of a guide animal, or a support person; (c) How to use equipment that is available on the premises that may help in the provision of goods or services; (d) What to do if a person with a particular type of disability is having difficulty accessing the provider's goods or services; and Information on the policies, practices and procedures governing the provision of goods and services to people with disabilities. A Company dealing with members of the public on behalf of the City of Pickering or engaged in Work for the City must meet the requirements of Ontario Regulation 429/07 with regard to training. A document describing the training policy, a summary of the contents of the training and details of training dates and attendees will be requested within 2 to 3 days of the closing date and must be submitted to the City, generally within two (2) days from time of request. If not available, the on-line training module set up by the Ministry of Community Services and Social Services – Access Canada – http://www.mcss.gov.on.ca/mcss/serve-ability/splash.html shall be completed by the Company, who will need to be trained prior to any Work is undertaken for the City. At the end of the training module, Company to print the Certificate of Completion and provide it to the City as instructed. 21. Statement of Understanding The Company agrees the quotation it submitted was made without connection, knowledge, comparison of figures, or arrangements with any persons submitting a quotation and it is in all respect fair and without collusion or fraud. The Company agrees that no member of City Council or any officer of the Municipal Corporation is, shall be or become interested, directly or indirectly in, or in the performance of the contract, or in the business to which it relates, or in any portion of the profits thereof, or in any of the monies to be derived there from. Page 47 of 53 - 183 - RFP2021-9 Northeast Pickering Community Plan 22. Freedom of Information The Company acknowledges that any quote submitted shall become a record belonging to the City of Pickering and therefore is subject to the Municipal Freedom of Information and Protection of Privacy Act. This provincial law gives individuals, businesses and other organizations a legal right to request records held by the City, subject to specific limitations. The Company should be aware that it is possible that any records provided to the City, including but not limited to, pricing, technical specifications, drawings, plans, audio -visual materials or information about staff, parties to the bid or suppliers could be requested under this law. Records relating to the contract could possibly be released under MFIPPA. If the Company believes that all or part of the quote should be protected from release, the relevant parts should be clearly marked as confidential. Please note that this will not automatically protect the submission from release, but it will assist the City in making a determination on release if a request is made. The identity of all companies, as well as total prices, may be available to the public subject to the City’s Purchasing Policy. 23. Respect in the Workplace The Company shall ensure all employees undertaking the work of this contract are respectful to City employees and residents. City Policy No. HUR 070, Respect in the Workplace, is applicable to contractors, as identified in Section 05 of the Policy. Page 48 of 53 - 184 - RFP2021-9 Northeast Pickering Community Plan Health & Safety Regulations 1. a) The Corporation of the City of Pickering is “The City” throughout the term of this contract. b) The Company is the “employer” throughout the term of this contract. 2. The Employer certifies that it, its employees, its subcontractors and their employees, a) are aware of their respective duties and obligations under the Occupational Health and Safety Act, as amended from time to time, and all Regulations there under (the "Act"); and b) have sufficient knowledge and training to perform all matters required pursuant to this tender/contract safely and in compliance with the Act. c) are apprised of and will comply with legislation, public health guidelines and the City’s procedures as they relate to COVID-19. It is understood that the City may request that Employer/Contractor staff be replaced if they are not complying with these policies and procedures and the Employer/Contractor shall promptly facility the replacement. d) are subject to a Workplace Vaccination Policy in effect in the workplace e) who will have in-person interaction with City employees or the public in performance of work has received the required number of doses of a COVID -19 vaccine, or a combination of COVID-19 vaccines approved by Health Canada and/or the World Health Organization at the correct interval. 3. In the performance of all matters required pursuant to this tender/contract, the Employer shall, a) act safely and comply in all respects with the Act, and b) ensure that its employees, its sub-contractors and their employees act safely and comply in all respects with the Act. 4. The Employer shall rectify any unsafe act or practice and any non-compliance with the Act at its expense immediately upon being notified by any person of the existence of such act, practice or non-compliance. 5. The Employer shall permit representatives of the City on site, at any time or times for the purpose of inspection, to determine compliance with this tender/contract. 6. No act or omission by any representative of the City shall be deemed to be an assumption of any of the duties or obligations of the Employer, or any of its sub- contractors under the Act. 7. The Employer shall indemnify and save harmless the City, Page 49 of 53 - 185 - RFP2021-9 Northeast Pickering Community Plan a) from any loss, inconvenience, damage or cost to the City, which may result from the Employer or any of its employees, its sub-contractors or their employees failing to act safely or to comply in all respects with the Act in the performance of any matters required pursuant to this tender/contract; and b) against any action or claim, and costs related thereto, brought against the Cit y, by any person arising out of any unsafe act or practice or any non-compliance with the Act by the Employer or any of its employees, its sub-contractors or their employees in the performance of any matter required pursuant to this tender/contract; c) from any and all charges, fines, penalties, and costs that may be incurred or paid by the City if the City (or any of its Members of Council or employees) shall be made a party to any charge under the Act in relation to any violation of the Act arising out of this tender/contract. 8. The Employer shall abide by the Workplace Safety & Insurance Act, as amended from time to time and all regulations there under. Condition of Work Site The Employer shall remove and legally dispose of debris, packaging and waste materia ls frequently, or as directed by the City, in accordance with all governmental regulations applicable to such activities. Liability The Employer agrees to at all times defend, fully indemnify and save harmless the City from all actions, suits, claims and demands, losses, costs, charges and expenses arising by reason of injury or death to any person or any property or charges brought or made against or incurred by the City from or relating to the work performed or to be performed herein. Acknowledged: Name (please print) Employer Signature Date ***This Information Does Not Have To Be Submitted With The Proposal*** Page 50 of 53 - 186 - RFP2021-9 Northeast Pickering Community Plan Appendix E – Reference Form Proponents must provide three (3) references from clients who have obtained similar goods or services to those requested in the RFP from the Proponent in the last five (5) years. Reference #1 Company Name: Company Address: Contact Name: Contact Telephone Number: Date Work Undertaken: Nature of Assignment: Reference #2 Company Name: Company Address: Contact Name: Contact Telephone Number: Date Work Undertaken: Nature of Assignment: Reference #3 Company Name: Company Address: Contact Name: Contact Telephone Number: Date Work Undertaken: Nature of Assignment: State the number of years your Company has been in business: ________ *Information received on this form and obtained from reference checks will be considered during evaluations and will be used to serve the best of interests of the City and no liability shall accrue to the City from such an undertaking and all decisions derived therefrom.* **A Reference Summary on This Page or Other Paper Stock Must Be Completed and Submitted With The Proposal** Page 51 of 53 - 187 - RFP2021-9 Northeast Pickering Community Plan Certificate of Insurance Proof of liability insurance will be accepted on this form. If a facsimile has been transmitted, the original certificate must follow. This form must be completed and signed by your insurance broker. This is to certify that the policy(ies) of insurance described below have been issued to the insured for the policy period indicated. Name of Insured: Street Address of Insured: Telephone Number of Insured: City Postal Code Location and Operations of Insured for which Certificate is issued: All Operations Performed For The City of Pickering Automobile Liability Insurance Insuring Company Policy Number(s) Amount of Coverage Effective Date Expiry Date D/M/Y D/M/Y Automobile liability insurance covering third party damage and bodily injury liability (including accident benefits) as may be required by applicable laws arising out of any vehicle owned in whole or in part and licensed in the name of the insured, including all vehicles leased on a long term basis, in connection Professional Liability Insuring Company Policy Number(s) Amount of Coverage Effective Date Expiry Date D/M/Y D/M/Y Commercial General Liability Insuring Company Policy Number(s) Amount of Coverage Effective Date Expiry date D/M/Y D/M/Y Commercial General Liability is extended to include Personal Injury Liability, Contractual Liability, Non-Owned Automobile Liability, Owner’s and Company’s Protective Coverage, Products- Completed Operations, Contingent Employer’s Liability, Cross Liability Clause and Severability of Interest Clause. Page 52 of 53 - 188 - RFP2021-9 Northeast Pickering Community Plan With respect to the Commercial General Liability, The City of Pickering has been added as an Additional Insured without subrogation but only with respect to its interest in the operations of the named insured. The Commercial General Liability Policy(ies) identified above shall protect each insured in the same manner and to the same extend as though a separate policy has been issued to each, but nothing shall operate to increase the Limits of Liability as identified above beyond the amount or amounts for which the Company would be liable if there had been only one Insured. The policy(ies) identified above shall apply as primary insurance and not excess to any other insurance available to The Corporation of the City of Pickering. If cancelled or changed so as to reduce the coverage as outlined on this certificate, during the period of coverage as stated herein, thirty (30) days, prior written notice by registered mail will be given by the Insurer(s) to: The Corporation of the City of Pickering Corporate Services Department One The Esplanade Pickering, Ontario L1V 6K7 Phone: 905.420.4634 Fax: 905.420.5313 I certify that the insurance is in effect as stated in this certificate and that I have authorization to issue this certificate for and on behalf of the insurer(s). Date: Name, Address, Fax and Telephone Number of Insurance Broker: Signature of Authorized Representative or Official: Mailing Address of Insurance Broker: Print Name of above Authorized Representative or Official: ***This Information Does Not Have To Be Submitted With The Proposal*** Page 53 of 53 - 189 - Attachment #2 to Report CAO 06-22 Report to Planning & Development Committee Report Number: PLN 31-21 Date: June 7, 2021 From: Kyle Bentley Director, City Development & CBO Subject: Northeast Pickering Area Request for Proposals Particulars for Preparation of a Community Plan for Northeast Pickering Funding Agreement for Consulting Assistance Funding Agreement for a Senior Project Manager -File: D-1100-099 Recommendation: 1. That Council approve the draft “Appendix D – Request for Proposals Particulars Northeast Pickering Community Plan”, which identifies the deliverables, including scope of work, project management, consultation and engagement, and timetable, for the consulting assignment for the preparation of an overall community plan for the Northeast Pickering Area for the consideration of Council, generally as set out in Appendix I to Report PLN 31-21; 2. That Council approve the funding agreement between the North East Pickering Landowners Group Inc. and the City of Pickering, for the hiring of a planning consulting team to prepare a Community Plan for the Northeast Pickering Area, generally as set out in Appendix II to Report PLN 31-21; 3. That Council approve the funding agreement between the North East Pickering Landowners Group Inc. and the City of Pickering, for the hiring of a Senior Project Manager (contract) dedicated to managing the preparation of the overall community plan for the Northeast Pickering Area, generally as set out in Appendix III to Report PLN 31-21; 4. That the Mayor and City Clerk be authorized to execute the funding agreements subject to any minor refinements acceptable to the Chief Administrative Officer, the Director, Corporate Services & City Solicitor and the Director, Finance & Treasurer; 5. That staff be authorized to issue Request for Proposals for the overall Northeast Pickering Community Plan, subject to any minor refinements to the project particulars acceptable to the Director, City Development & CBO and the Director, Economic Development & Strategic Projects, following the execution of the funding agreements and the hiring of the contract Senior Project Manager; 6. That staff report back to Council on the recommended planning consulting team; and 7. That Council authorize the appropriate City officials to undertake the necessary actions required to implement the above recommendations. - 190 - Report PLN 31-21 June 7, 2021 Subject: Northeast Pickering Area Page 2 Executive Summary: Council Resolutions #173/19 and #347-348/20 directed staff to outline a process to initiate a secondary plan for a new proposed community in Northeast Pickering, and to arrange the establishment of a dedicated team with the landowners (see Location Map, Attachment #1, and Pickering Council Resolutions #173/19 and #347-348/20, Attachments #2 and #3). Since that time, a North East Pickering Landowners Group Inc. (NEPLG) has been established. Currently, six landowners comprise the group, although discussions are underway to include other property owners. For the past several months, staff have been having regular meetings with NEPLG representatives to develop a work program for the community planning process, and to establish a terms of reference for the Request for Proposals (RFP) to procure a consultant team to undertake the necessary background and planning studies in support of the vision for this community (see Request for Proposals Particulars Northeast Pickering Community Plan, Appendix I). Also, staff has been working with the NEPLG to secure funding for this initiative. NEPLG has committed to funding the majority of the cost for the consulting team (29 percent is covered by Development Charges; therefore, the NEPLG will be funding 71 percent of the cost). The NEPLG will be fully funding the cost of a 3-year contract City staff member to co-ordinate this project (see Funding Agreement for Northeast Pickering Community Plan Consulting Assistance, Appendix II and Funding Agreement for the Northeast Pickering Senior Project Manager Position, Appendix III). It is recommended that Council approve the Request for Proposals (RFP) Particulars substantially as set out in Appendix I to this Report. The draft funding agreements have been reviewed and approved by the Director, Corporate Services & City Solicitor and the Director, Finance & Treasurer. It is recommended that Council approve the funding agreements substantially as set out in Appendices II and III to this Report, and authorize their execution. Further, it is recommended that Council authorize staff to release the RFP, subject to the funding agreements being executed between the NEPLG and the City, and the timing of the contract staff member being hired, and report back to Council with appropriate recommendations. Financial Implications: A planning study for Northeast Pickering is identified in the current 2021 approved budget for Planning & Design with funding to be provided by 71 percent from Landowners and 29 percent from DCs. A full-time, contract Project Manager for Northeast Pickering is identified in the current 2021 approved budget for the Office of the CAO for a total of $155,000. The position is to be funded 100 percent by external sources. The implementation of the recommendations of this report enable funding to be secured from the North East Pickering Landowners Group to: (a) offset 71 percent of the cost of the City retaining the services of a consulting team to undertake an overall community plan for Northeast Pickering community, and (b) offset the full cost of the City hiring a contract Senior Project Manager position (including salary, vacation, benefits, expenses, and equipment (computer, phone, etc.)), for a term of 3 years. - 191 - Report PLN 31-21 June 7, 2021 Subject: Northeast Pickering Area Page 3 Discussion: The planning for the future development of Northeast Pickering area has been underway for the past 4 years (see Location Map, Attachment #1). In response to delegations and submissions from one of the Northeast Pickering landowners (Dorsay Development Corporation), Council passed Resolutions #173/19 and #347-348/20, which included the following actions: • reaffirmed Council’s support for inclusion of the Northeast Pickering lands within an expanded urban area (see Pickering Council Resolution, #140/19); • indicated Council’s support for the proposed community planning principles for Northeast Pickering; • directed staff to outline a process to initiate a secondary plan for the new proposed community in Northeast Pickering; and • requested staff to work with the landowners to establish a dedicated team for this project. Copies of Resolutions #173/19, #347-384/20 and #140/19 are provided as Attachments #2, #3 and #4. In December 2020, the North East Pickering Landowners Group Inc. (the ‘NEPLG’) was established, and as of writing this Report, includes representatives from: • Dorsay Development Corporation; • Stonelake Developments Inc. (Tribute); • Canelli Heights Development Inc. (Greenpark); • Cougs (Lakeridge) Ltd. (Coughlan Homes); • 2750 Highway 7 Inc. (Clark/Ravi); and • Pinebrown Salem Lands Ltd. (the Brown Group). The NEPLG control approximately 40 percent of the lands in Northeast Pickering. The Group has a group manager, a planner, a lawyer, a trustee, and the Group has established a funding mechanism. The NEPLG has revised the community planning principles for Northeast Pickering (which were originally developed by Dorsay Development Corporation, in consultation with City staff), to only ‘consider’, not require, a true-north road configuration, where feasible. The community planning principles form part of the Request for Proposals Particulars (see Appendix I). The NEPLG has committed to funding a 3-year contract staff position for the City to coordinate the community plan process. The NEPLG has also committed to funding 71 percent of the cost of the consulting assistance that the City will require to undertake the community planning process. The remainder of the cost will be funded by Development Charges. The Region of Durham is currently undertaking a Municipal Comprehensive Review of its Official Plan. Through that review process, the need for additional land for urban development is being assessed. Pickering Council is already on record as supporting an expansion to the urban boundary to include Northeast Pickering (see Pickering Council Resolutions #140/19 and #173/19, Attachments #2 and #4). The Region anticipates having its new Official Plan adopted by Regional Council in 2022. The Province is the approval authority for the Region’s new Official Plan. Commencing the community plan process for Northeast Pickering now will allow the Region to be in a position to approve the City’s official plan amendment that will be the outcome of the community plan study. - 192 - Report PLN 31-21 June 7, 2021 Subject: Northeast Pickering Area Page 4 It is recommended that Council approve the Request for Proposals (RFP) Particulars substantially as set out in Appendix I to this Report. It is recommended Council approve the funding agreements, substantially as set out in Appendices II and III to this Report, and authorize their execution. Further, it is recommended that Council authorize staff to release the RFP, subject to the funding agreements being executed between the NEPLG and the City, and the timing of the contract staff member being hired, and report back to Council with appropriate recommendations. Appendices: Appendix I Request for Proposals Particulars Northeast Pickering Community Plan Appendix II Funding Agreement for Northeast Pickering Community Plan Consulting Assistance Appendix III Funding Agreement for the Northeast Pickering Senior Project Manager Position Attachments: 1. Location Map 2. Pickering Council Resolution #173/19 3. Pickering Council Resolutions #347-348/20 4. Pickering Council Resolution #140/19 Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Catherine Rose, MCIP, RPP Kyle Bentley, P. Eng. Chief Planner Director, City Development & CBO Original Signed By Fiaz Jadoon Director, Economic Development & Strategic Projects CR:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 193 - Appendix I to Report No. PLN 31-21 Request for Proposals Particulars Northeast Pickering Community Plan - 194 - Northeast Pickering Community Plan Appendix D – Request for Proposals Particulars - 195 - Contents A: THE DELIVERABLES ............................................................................. 1 Introduction and Purpose ..................................................................... 1 1.1 Study Area ....................................................................................................................1 Background............................................................................................ 1 2.1 Envision Durham ..........................................................................................................1 2.2 Consulting Team...........................................................................................................4 Phase 1: Develop Work Plan and Confirmation of Vision and Principles .....................5 Develop Work Plan .................................................................................. 5 Develop Stakeholder Engagement Strategy ............................................ 5 Confirm Vision and Guiding Principles ..................................................... 6 Lakeridge Health Acute Care Hospital – Request for Information ............ 6 Phase 2: Background Studies ......................................................................................6 Prepare Terms of Reference ................................................................... 6 Undertake Required Background Studies ................................................ 6 Carruthers Creek Watershed Plan................................................................................2 2.3 Initiating the Community Planning Process ..................................................................2 Policy Context ........................................................................................ 2 Project Organization and Management ................................................ 2 4.1 City’s Project Manager..................................................................................................3 4.2 Consulting Team Project Lead .....................................................................................3 4.3 4.4 Steering Committee ......................................................................................................4 Scope of Work ....................................................................................... 5 5.1 5.1.1 5.1.2 5.1.3 5.1.4 5.2 5.2.1 5.2.2 Planning Report and Community Master Plan ......................... 6 Community Services and Facilities Study................................ 7 Transportation Background Analysis .......................................7 High Level Background Servicing Analysis ............................. 8 Natural Heritage and Hazard Background Analysis ................. 8 Archeological Assessment ...................................................... 9 Cultural Heritage Analysis .......................................................9 Urban Design Guidelines ........................................................ 9 Housing Affordability Strategy ................................................. 9 - 196 - Retail Market Study ............................................................... 10 Agricultural Impact Assessment ............................................ 10 Sustainability Plan ................................................................. 10 Employment Lands Strategy ................................................. 10 5.2.3 Develop Community Structure Plan and Neighbourhood Plan Areas ..... 11 5.3 Phase 3: Refinement of Community Structure Plan & Neighbourhood Plan Areas & Preparation of Draft Official Plan Amendment .........................................................................11 5.3.1 Prepare Draft Official Plan Amendment ................................................. 11 5.4 Phase 4: Official Plan Amendment Adoption and Approval........................................11 5.4.1 Official Plan Amendment Adoption ........................................................ 11 5.4.2 Official Plan Amendment Regional Approval.......................................... 12 Consultation and Engagement Strategy ............................................ 12 Meetings & Presentations ................................................................... 13 Project Schedule.................................................................................. 14 Considerations .................................................................................... 15 9.1 AODA Compliance and City of Pickering Brand Guidelines .......................................15 9.2 Submission of Electronic Documents .........................................................................16 Resources ............................................................................................ 16 B: MATERIAL DISCLOSURES ................................................................. 19 C: MANDATORY TECHNICAL REQUIREMENTS .................................... 20 D: RATED CRITERIA ................................................................................ 21 Appendices Appendix A: Northeast Pickering Community Plan Study Area Appendix B: Preliminary Vision and Community Design Principles - 197 - The Northeast Pickering Community Plan (NPCP) work program will be undertaken as the background study in support of a City-initiated Official Plan Amendment to the Pickering Official Plan. The Amendment will be a “parent” or “Part One” plan, and as a minimum, contain the vision, the guiding principles, the master plan concept, and implementing policies including directions on secondary plan requirements. The Community Plan work program will be undertaken in cooperation with the City of Pickering, the Region of Durham, and in consultation with the public, agencies and other stakeholders. A final work plan shall be prepared by the successful Consulting Team prior to commencement of the Community Planning (Secondary Plan) process. 1.1 Study Area The Northeast Pickering Community Plan (NPCP) Area encompasses approximately 1,600 ha (4,000 acres) in Northeast Pickering. The lands are situated in northeast Pickering, generally north of Highway 7, south of Concession Road 8, west of Lake Ridge Road, and east of Westney Road. The extent of the Community Plan is identified in Appendix A as the Northeast Pickering Lands. Background As part of the Region’s previous Municipal Comprehensive Review, some of the lands in northeast Pickering were recommended for urban development. However, when the Minister of Municipal Affairs & Housing approved the Region’s Official Plan Amendment #128, the Minister did not support the inclusion of the lands at that time. The Minister added policy 7.3.11 p) to the Regional Official Plan that reads as follows: “where a comprehensive review of this Plan includes consideration of lands for Urban Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars A: THE DELIVERABLES Introduction and Purpose The City of Pickering is seeking the professional services of a qualified Consulting Team to prepare a Community Plan (Secondary Plan) and associated background studies for lands in Northeast Pickering. The purpose of the Community Plan is to establish a more detailed planning framework in accordance with the City of Pickering Official Plan and Durham Region Official Plan. Area expansion within the City of Pickering east of the Pickering Airport lands, outside of the Greenbelt Plan, the following additional matters will be assessed and evaluated at that time: i) the amount and rate of development that has occurred in the Seaton Community; and ii) the preparation and completion of a watershed plan update for the East Duffins and Carruthers Creek watersheds.” 2.1 Envision Durham The Region is currently undertaking Envision Durham a Municipal Comprehensive Review of the Regional Official Plan to ensure conformity of the Official Plan with the policies of the Page 1 - 198 - Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars Growth Plan. A key component of the Envision Durham background studies includes a Growth Management Study (GMS). The Region’s GMS is being completed in two phases. The first focuses on the completion of a Land Needs Assessment (LNA). The LNA is a comprehensive review and calculation of the Region’s land base, including existing urban areas, to determine how the Growth Plan population and employment forecasts can be accommodated and how much, if any, additional urban land is required. The second, focused on determining the most appropriate location for Urban Boundary expansions. As part of the GMS, the Region will be considering the Northeast Pickering lands for Settlement Area Expansion (refer to Durham Region Report 2020-P-15). The GMS will provide the appropriate analysis of the Seaton Community to satisfy subsection i) of policy 7.3.11 p) of the Regional Official Plan. 2.2 Carruthers Creek Watershed Plan Furthermore, the Toronto and Region Conservation Authority (TRCA) initiated a review of the Carruthers Creek Watershed Plan in 2015. The draft watershed plan, was released for public review and comment on March 2020. City staff prepared comments on the draft Watershed Plan (see Pickering Report PLN 16-20). The City of Pickering’s Planning & Development Committee approved the recommendations of the Report on September 24, 2020. The public comment period closed March 19, 2021. Feedback will be incorporated into an updated draft, which will be presented to Durham Regional Council. The final Carruthers Creek Watershed Plan will satisfy the requirements of subsection ii) of policy 7.3.11 p). 2.3 Initiating the Community Planning Process Prior to commencing a Work Program for the NPCP, City staff must report to Council on the Work Program and receive Council’s authorization to proceed. This is building on Resolution #173/19 from the November 25, 2019 Council Meeting, see attached modified Principles in Appendix B. The NPCP will be a prototypical community focused on the mental and physical well-being of its residents and the sustainability of its natural environment. This will be accomplished through ground-breaking approaches to environmental and social place-making, healthy living practices, and community resiliency. The NPCP is conceptualized and realized through a holistically planned community that is Complete, Thriving (sustainable) and Connected (smart).” Policy Context The Community Plan must conform with and be consistent with all applicable policies and land use planning requirements of the City of Pickering, Region of Durham, and Province of Ontario. The City of Pickering Official Plan should serve as the starting point for this analysis. Project Organization and Management The City of Pickering is looking for a superior interdisciplinary Consulting Team to undertake the Page 2 - 199 - Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars Northeast Pickering Community Planning Program. The Consulting Team’s Project Lead and City’s Project Manager will have experience in coordinating major multidisciplinary projects of a similar scope and scale, exercise strong financial control, integrate and inform work underway through related studies by others, and creatively address competing interests. The Consulting Team will demonstrate strong leadership skills and a commitment to implementing a model of sustainable development. The Consulting Team will bring expertise in sustainable community development, urban design, housing, retail market assessment, parks and recreation, transportation, engineering, planning, landscape ecology, communication, consultation and engagement, report writing and drafting policy. The Consulting Team, in collaboration with the City of Pickering, will be responsible for establishing the Work Program and the necessary studies and consultation required to produce the Northeast Pickering Community Plan. The Community Plan will be led by the Consulting Team’s Project Lead and conducted by the Consulting Team. A Project Manager assigned from the City of Pickering will manage the Community Plan process and oversee the Consulting Team’s Project Lead and the Consulting Team. A Steering Committee will provide strategic direction and will consist of representatives from various City departments, agencies, and landowner representatives. The responsibilities of the City’s Project Manager, Consulting Team Project Lead, Consulting Team and Steering Committee are outlined below. 4.1 City’s Project Manager The Community Planning process will be led by the City Development Department who will assign a Project Manager to this process. The Project Manager will be responsible for the supervision of the process ensuring it is carried out to the satisfaction of the City in accordance with this request for proposal, and the Consulting Team’s proposal. The Project Manager will monitor the progress of the process, circulate reports for review and comment, liaise with the Consulting Team’s Project Lead, and exercise budgetary control. The Project Manager is to be: • Kept informed through regular progress meetings with the Consulting Team and Steering Committee for the duration of the Study; • Copied on all correspondence; • Advised of significant problems, issues, options, and solutions considered; • Involved in meetings with the public and stakeholders; • Consulted prior to making any changes to the project schedule; and • Advised of any additional work considered beyond the scope of work (additional work is not to be undertaken without prior written approval by the City’s Project Manager). 4.2 Consulting Team Project Lead The Consulting Team’s Project Lead will make all day-to-day decisions, address requests for information, coordinate the Consulting Team’s work, ensure the process is within budget, and be responsible for all the deliverables outlined in this request for proposal. Page 3 - 200 - Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars The Project Leader will: • Attend meetings with City staff, the public and stakeholders; • Involve the City’s Project Manager in any meetings with the public, agencies and stakeholders (all liaison with the public and stakeholders by the Company must be approved by the Project Manager); • Prepare agendas, draft meeting notes, and final meeting notes for the Steering Committee meetings and progress meetings; • Provide written responses to questions raised at meetings, as required (the City’s Record and prepare a summary of comments; and Receive the City’s Project Manager’s prior written approval for any significant change from the approved project schedule, budget or tasks. The Consulting Team shall have the necessary qualifications to undertake the scope of work and deliverables detailed in Section 5.0. Steering Committee stakeholders as may be required. Project Manager is to review and approve responses prior to responding to the public and stakeholders); • Liaise and correspond with the City’s Project Manager to obtain and communicate information related to the Study; • Advise the City’s Project Manager of significant problems/issues and options considered; • Update the City’s Project Manager on a monthly basis on details of the Study; • Co-ordinate project tasks with any related task undertaken by the City; • Prepare and submit reports, drawings and other documentation to the City and obtain comments, and approvals; • Submit progress reports to the City’s Project Manager at least five (5) days prior to any progress meeting; • Prepare for, operate, and follow-up on open houses and other consultations including presentations/displays, and dry-runs; • • 4.3 Consulting Team 4.4 The Northeast Pickering Steering Committee will be led by the City’s Project Manager and will have senior representation from various City Departments, the Consulting Team Project Lead, Region of Durham, Conservation Authorities, Landowners Group, and other agencies and The purpose of the Steering Committee is to ensure that all of the major stakeholders in the Community Plan area have a forum and opportunity to make their interests known. The Committee is intended to keep all relevant agencies and organizations up to date on the status up the planning process and timelines for achieving key milestones, as well as to highlight issues and progress that is made on any related studies. The Steering Committee will: • Provide advice and strategic direction to the City and the Consulting Team on the overall Community Plan process; and, Page 4 - 201 - Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars • Review draft and final meeting notes for Steering Committee meetings. The Steering Committee members will serve as the liaison between their respective agency/organization and the City. Members are responsible for coordinating and representing their agency’s/organization’s position. Scope of Work The NPCPNPCP Work Program is intended to occur in four (4) phases including the following: • Phase 1: Develop Work Plan and Confirmation of Vision and Guiding Principles; • Phase 2: Background Studies, Preliminary Community Structure Plan & Neighbourhood Plan Areas; • Phase 3: Refinement of Community Structure Plan & Neighbourhood Plan Areas & Preparation of Draft Official Plan Amendment; and, • Phase 4: Official Plan Amendment Adoption & Approval Key components of the scope of work required to be undertaken by the Consulting Team as part of each phase is detailed in the subsections below. 5.1 Phase 1: Develop Work Plan and Confirmation of Vision and Principles Phase 1 of the Community Planning Program is intended to occur concurrently with Phase 2 and includes the following key tasks: 5.1.1 Develop Work Plan At the outset of this project, the Consulting Team will be required to develop a W ork Plan, including a chart with key deliverable and meeting milestones, for review and approval by City staff in consultation with the Steering Committee. The Consulting Team’s Work Plan will be based on the Scope of Work detailed in Section 5.0 and the Project Schedule included in Section 8.0 of this document. 5.1.2 Develop Stakeholder Engagement Strategy The Consulting Team will be required to develop a Stakeholder Engagement Strategy with recommended approaches and formats for engaging broad interest and public participation in the Community Plan process (e.g. type of session, required materials etc.). The Strategy at minimum shall include, recommendations for the required Public Consultation Meetings, Statutory Public Meeting and Steering Committee Meetings outlined in Section 7.0. The Strategy shall also clarify the roles and responsibilities of the Project Team. In general, it is expected the Consulting Team will be responsible for preparation, operation and follow-up on open houses and other consultations, including presentations/displays, dry-runs, set-ups, attendance, and compilation of comments. The City will be responsible for preparation and circulation of public notices for the public/stakeholder consultation meetings. Additional consultations with specific stakeholders may be identified through the course of the Study. Further details on the Stakeholder Engagement Strategy are provided in Section 6.0. Page 5 - 202 - Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars 5.1.3 Confirm Vision and Guiding Principles The Consulting Team will be required to facilitate visioning sessions with key stakeholders and the public. The sessions are intended to aid the City in confirming an overall vision and guiding principles for the NPCP, as well as to support the development of a Community Structure Plan and Neighbourhood Plan Areas. This task includes six (6) Public Consultation Session as identified in Section 7.0. The Vision and Community Design Principles included as Appendix B should form the preliminary basis of this exercise and shall be refined by the Consulting Team, in consultation with the City, as a result of stakeholder and public engagement. 5.1.4 Lakeridge Health Acute Care Hospital – Request for Information The Consulting Team is to use a $20,000 total budget allotment (excluding HST) to assist the City of Pickering’s Hospital Task Force with the completion of the necessary Lakeridge Health Request for Information (RFI) and/or Request for Proposal (RFP) processes associated with a new acute care hospital site selection within Durham Region. It is the understanding, that Lakeridge Health will be undertaking a RFI and/or RFP process for the new acute care hospital site located within Durham Region. In addition to the budget allotment, the Consulting Team is to include appropriate tasks within the Work Plan to include address the potential for a hospital site located within the NPCP. 5.2 Phase 2: Background Studies Phase 2 of the Community Planning Program includes the following key tasks: 5.2.1 Prepare Terms of Reference The initial step of the Phase 2 Work Program involves the preparation of detailed Terms of Reference for required studies, circulation of draft Terms of Reference to the Steering Committee for review and comment, and finalization of Terms of Reference prior to commencing work on the respective studies. This task includes one (1) Steering Committee Meeting as identified in Section 7.0. 5.2.2 Undertake Required Background Studies The following studies and analyses will be required to be completed by the Consulting Team. It is expected that the City will circulate draft reports to all relevant agencies and stakeholders for review and comment and that reports will be finalized based on this input. Planning Report and Community Master Plan This report provides the overall planning framework and policy recommendations for the Northeast Pickering Community Plan (“NPCP”). The key sub-deliverables of the report will include: Page 6 - 203 - Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars 1) An overall statement of the intended character and objectives for the NPCP will be included to provide the framework and vision. 2) Compliance matrix addressing the requirements of Provincial Plans, Durham Region Official Plan, and Pickering Official Plan policies. 3) A growth management analysis, including the forecasted population, employment, housing mix, density, and recommended phasing policies to stage development. 4) Recommended NPCP Community Structure Plan, including: a. Recommended location of community structural elements such as community facilities, parks, hospital, arterial and major collectors roads, and centres and corridors. b. Proposed land use structure and designations, c. Delineation of Neighbourhood Plan Areas, d. Description of the other background studies that feed into the analysis. The report will form the planning basis for a Community Structure Draft Official Plan Amendment for the NPCP. The Community Structure OPA provides a framework for the preparation of Neighbourhood Plans by establishing policies on land use, accessible, affordable & age-friendly housing, transportation, urban design, community facilities, environmental protection, and servicing and infrastructure for the NPCP. Relevant work completed to-date: Veraine Master Plan Report, prepared by Sasaki, dated October 2019; Community Services and Facilities Study Community, cultural, recreational and other public uses are an essential component of the development of the Northeast Pickering Community. The Community Services and Facilities Study assesses the need for community services and facilities (e.g. community centres, parks and open space, schools, places of worship, emergency services) required to adequately support the planned population of the NPCP. The key sub-deliverables of the report include: 1) A review of the community services and facility goals and objectives of the Region and City Official Plans, including a review of all relevant documents including the City’s Recreation and Parks Master Plan. 2) An assessment of the need for community services and facilities based on population driven service ratios or other City and agency standard service levels and requirements; 3) A description of where, how, and when the public services and facilities could be provided. 4) a recommendation based on best practices regarding parks and recreation and opportunities for the development of joint and/or mixed-use facilities to achieve land use efficiencies. Transportation Background Analysis This analysis is required to assess the adequacy of existing local and regional infrastructure (transportation/transit, including pedestrian and bicycle paths), as well as evaluate and identify infrastructure requirements (i.e., new or upgraded local and Regional infrastructure) that will be Page 7 - 204 - Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars necessary to service the Northeast Pickering Community. This analysis will build off Durham’s Transportation Master Plan and Pickering’s Integrated Transportation Master Plan (for which a Notice of Study Completion has been issued), as well as the City and Region Official Plan policies. The key sub-deliverables of the report will include: 1) An integrated transportation/transit strategy (e.g., road network, public transit, active transportation, complete streets) that will support a well-connected network of corridors and complete streets (roads, rails, sidewalks, trails and bikeways). 2) Phases 1 and 2 of the Environmental Assessment (EA) process under the Environmental Assessment Act, with respect to the planning and layout of any arterial or major (mid-block) collector roads. Policies will also be included in the Plan to inform the later completion of Phases 3 and 4 of the EA process. Relevant work completed: Preliminary Transportation Study Veraine, Pickering: Final Report, prepared by IBI Group, dated October 2019; High Level Background Servicing Analysis The servicing analysis will be required to examine and identify the adequacy of existing local and regional water and wastewater infrastructure, as well as major infrastructure requirements (i.e., new or upgraded local and Regional infrastructure) necessary to service the Northeast Pickering Community. Information from the Region’s Water and Wastewater Master Plan Study Review (currently underway), as well as City and Regional Official Plan policies should be used to inform this analysis. The key sub-deliverables of this study will include: 1) An evaluation of alternatives and recommendations for a preferred strategy. 2) The preferred means of servicing the community. Relevant work completed: Preliminary Master Servicing Report Veraine – North East Pickering, prepared by SCS Consulting Group Ltd., dated April 2020; Natural Heritage and Hazard Background Analysis This analysis will inventory, characterize and assess natural hazard, natural heritage and water resource features and functions within the NPCP. The analysis will provide recommendations for the protection, conservation and management of natural hazard, natural heritage, and water resource features within the NPCP. The Natural Heritage and Hazard Background Analysis will draw on the City and Regional Official plan policies as well as TRCA and CLOCA guidelines. The key sub-deliverables of this study will include: 1) A hydrology assessment based on flood plain modelling and land use concept and a Regional Flood Analysis and an Assessment of Mitigation Measures 2) A desktop assessment of natural heritage features, and recommendations for the creation of a natural heritage system, including mapping and proposed policies; 3) Recommendations for a management strategy, implementation and monitoring plan to be implemented through the NPCP and future Neighbourhood Planning Programs. Page 8 - 205 - Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars Relevant work completed: Veraine Environmental Conditions Report: Final Report, prepared by GeoProcess Research Associates, dated June 2020; Veraine Hydrologic and Hydrogeologic Characterization Final Report, prepared by GeoProcess Research Associates, dated June 15, 2020; Archeological Assessment The archaeological assessment will identify, assess, and inventory significant archaeological resources or sites and develop a strategy to conserve those archaeological resources as per Ministry of Heritage, Sport, Tourism and Culture Industries 2011 Standards and Guidelines for Consultant Archaeologists. The assessment will also need to draw upon policies of the City and Regional Official Plans. The key sub-deliverables of this study will include: 1) Stage 1 and Stage 2 assessments including: a. background study, b. property inspection, c. property assessment, d. identification of lands requiring further study. Cultural Heritage Analysis This cultural heritage analysis will identify, inventory and assess the significance of cultural heritage resources (built heritage resources and cultural heritage landscapes) within and in close proximity to the Northeast Pickering Community. Further, it will provide recommendations for the conservation of the cultural heritage resources within the Northeast Pickering Community and draw upon the City and Regional Official Plan policies. Information from Pickering’s Municipal Heritage Register and Cultural Strategic Plan, among other plans and studies should be used to inform this analysis. Urban Design Guidelines The Urban Design Guidelines will result in urban design recommendations that assist in the interpretation of the City’s Official Plan policies. The guidelines will detail and illustrate how the Official Plan urban design goals and objectives for the built and natural environment will be achieved within the NPCP Neighbourhoods. The guidelines will provide high-level design direction and will inform the preparation of more detailed urban design and sustainability guidelines as part of future Neighbourhood Planning processes. Housing Affordability Strategy The strategy will detail the means to achieve the affordable housing targets established by the City and Regional Official Plan policies in housing forms considered affordable to low-and moderate-income households. The strategy will include a demographic and housing profile of the City of Pickering, an analysis of affordability and recommend policies and implementation measures to accommodate affordable housing within the NPCP area and future Neighbourhood Plan areas. The strategy will also need to consider the findings of Durham Region’s At Home in Durham (Housing Plan) and Pickering’s Housing Strategy Study (currently underway), as well Page 9 - 206 - Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars as the City and Regional Official Plan policies. The Housing Affordability Strategy will be implemented through the NPCP. Retail Market Study The Retail Market Study will determine the total amount, type, role and function of retail uses to properly serve residents in the Northeast Pickering Community. The study will recommend the distribution of retail space within a retail hierarchy as well as identify the most appropriate locations for designating retail commercial land. In completing the Retail Market Study, the consulting team should consult with the Region of Durham as to whether a Regional Interest in commercial planning has been triggered. This study will also draw from City and Regional Official Plan policies. Agricultural Impact Assessment This assessment will include a review of agricultural land uses within and surrounding the Northeast Pickering Community and the applicable planning policies and regulations. The assessment will identify the potential of adverse physical and operational impacts of the proposed land uses on surrounding agricultural uses and where applicable propose mitigative measures. It will also need to consider how the change in land use will adversely affect existing and future agricultural production or activities in the area. The assessment will need to draw upon the work and recommendations of the Durham Region Agricultural Strategy and the City and Region Official Plan policies. Information from OMAFRA’s Guidance Document for Agricultural Impact Assessments, among other plans and studies, should be used to guide this analysis. Relevant work completed: High Level Agricultural Assessment for Agricultural Capability, Livestock Operations and Identification of Agri-food Network Operators Durham Region, prepared by DBH Soil Services Inc., dated October 2019. Sustainability Plan The purpose of the Sustainability Plan is to establish sustainable initiatives, principles and implementation measures to guide future development. The plan should align with and build upon the goals and objectives found within the City and Regional Official Plans. The plan should review and consider the City of Pickering Sustainable Guidelines (latest version currently under review), Guideline #1 and Guideline #2 as well as Durham’s Community Climate Action Plan. Furthermore, it should identify sustainability measures at different stages of the development process (e.g. those applicable at draft plan of subdivision vs those more appropriate at site plan control and building permit. Relevant work completed: The Veraine Sustainability Report, prepared by Urban Equation, dated October 2019; Employment Lands Strategy The Employment Lands Strategy (ELS) will provide a recommended vision and strategy to ensure the provision of an adequate supply of jobs for the City of Pickering’s growing population. The ELS is to include a review of the City of Pickering’s current employment land areas and related policies, best practices review, and analysis of trends/factors influencing Page 10 - 207 - Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars employment. It will assist in identifying employment land locations (primarily along the Highway 407 corridor) and offer guidance on the planning framework and policy recommendations for the NPCP. 5.2.3 Develop Community Structure Plan and Neighbourhood Plan Areas Based on the results of the visioning exercises and the findings and recommendations of preliminary background study work the Consulting Team will refine the Community Structure Plan and Neighbourhood Plan Areas and will identify next steps and requirements for Neighbourhood Plans. The Consulting Team, along with City staff and in consultation with the Steering Committee will assess the merits of the Community Structure Plan and delineated Neighbourhood Plan Areas. This task includes one (1) Public Consultation Session and one (1) Steering Committee Meeting as identified in Section 7.0. 5.3 Phase 3: Refinement of Community Structure Plan & Neighbourhood Plan Areas & Preparation of Draft Official Plan Amendment Phase 3 of the Community Planning Program includes the following key tasks: 5.3.1 Prepare Draft Official Plan Amendment This task involves the preparation of draft Official Plan Amendment policies and associated schedules for the NPCP. The draft Official Plan Amendment will be a “parent” or “Part One” plan, and at minimum shall contain the vision, the guiding principles, the master plan concept, and implementing policies including directions on secondary plan requirements. The draft amendment will be circulated to relevant agencies and stakeholders for review and comment. This task includes one (1) Steering Committee Meeting as identified in Section 7.0. 5.4 Phase 4: Official Plan Amendment Adoption and Approval Phase 4 of the Community Planning Program includes the following key tasks: 5.4.1 Official Plan Amendment Adoption This task involves the refinement of the draft Official Plan Amendment and associated schedules in response to agency and stakeholder comments. It will result in the preparation of a draft final Official Plan Amendment and associated schedules for consideration by the City’s Planning & Development Committee and Council for adoption. This task includes one (1) Statutory Public Meeting and one (1) Committee/Council Meeting for the Recommended By-law. Page 11 - 208 - Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars 5.4.2 Official Plan Amendment Regional Approval The Council adopted Official Plan Amendment and supporting background studies will be provided by the City to the Region of Durham for approval. This task includes City staff’s and the Consulting Team’s review and response, as required, to Regional comments and proposed modifications regarding the Council adopted Official Plan Amendment. Consultation and Engagement Strategy Initiating a dialogue with the public and stakeholders, and facilitating participation in the process is key to achieving broad support in the development and successful implementation of the new By-law. A strong emphasis placed on consultation in this Study. The consultation strategy is to include proposed consultations (information and response components) with Aboriginal communities, First Nations and Métis communities. It is noted that the strategy is to be flexible and adaptable, considering the information obtained throughout the consultation strategy. As such, the Consulting Team shall prepare, and include in their proposal, a consultation strategy that demonstrates how they propose to obtain early input from the public and stakeholders in an effort to advance the resolution of issues, and identify concerns requiring further research. The consultation strategy is to incorporate the City of Pickering’s digital engagement platform. The final consultation strategy is to be developed following the project kick-off meeting and in coordination with the City of Pickering’s Corporate Communicates staff to ensure that it utilizes current communication methods/platforms. Over the course of the Community Plan process, the Consulting Team will facilitate public consultation, host open houses, present the draft discussion papers and draft By-law to Planning & Development Committee and Council, and present the recommended By-law to Planning & Development Committee. The City shall be responsible for the preparation and circulation of public notices for public/stakeholder consultation meetings and public meetings. Additional consultations with specific stakeholders may be required. The Consulting Team will be responsible for the following: • Facilitation, presentation and subject matter expertise at public and stakeholder meetings, including the preparation and delivery of any presentations, preparation and printing of handout material and/or display boards, and, staffing for public consultation sessions; • Presentation and subject matter expertise at meetings of the Planning & Development Committee and Council; including the preparation and delivery of any presentations, display boards, and consolidation/summary of comments; • Creation and maintenance of a public consultation file, including a matrix documenting public and stakeholder comments with the Project Team and City staff responses; • Preparation of agenda, draft meeting notes, and final meeting notes for the progress meetings and Steering Committee meetings; • Advice/input on consultation proposed by The City, such as media releases and Page 12 - 209 - Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars newspaper ads, social media advertisements, website page, brochures, etc; and, • Recommended approach for consultation (and form of consultation) with specific stakeholders that may be warranted or appropriate to seek input on specific topics. The City’s Project Manager will be responsible for the following: • Establishment and updating of a study page on the City’s website to facilitate communication with the public; • Creation and maintenance of a database of public, stakeholder and agency contacts; • Posting of social media messaging; • Booking of venues and audio visual equipment, and provision of refreshments (as warranted) for all public and stakeholder meetings; • Circulation of any study documents/deliverables; and, • Preparation and circulation of public notices in the local newspaper, mail, email, on the City’s website, etc. All external consultation elements will require pre-approval by the City’s Project Manager and are subject to participation by the City. The consultation strategy proposed by the Project Team shall comply with Municipal Freedom of Information and Protection of Privacy Act requirements. Meetings & Presentations The following lists the type and minimum number of meetings that are to be included in the proponent’s proposal. The Project Schedule identified in Section 8.0, includes preliminary targets by phase for key meetings/presentations. Meeting Minimum Number Start-up Meeting • One (1) Start-up Meeting with Consultant Team and City’s Project Manager 1 Steering Committee Meetings • One (1) Kick-off Meeting • One (1) Terms of Reference Review Meeting • Two (2) Draft Background Studies, Preliminary Concept, Structure and Neighbourhood Plan Areas Review Meeting • Two (2) Draft Official Plan Amendment Review Meeting 6 Page 13 - 210 - Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars Public Consultation Sessions • One (1) Session on Visioning and Guiding Principles; • One (1) Session on Preliminary Concept, Structure and Neighbourhood Plan Areas • One (1) Recommended Structure and Neighbourhood Plan 3 Planning & Development Committee Meetings and/or Council Meetings These meetings include: • One (1) Statutory Public Meeting • One (1) Information/Update Meeting • One (1) Meeting for Recommended By-law 3 TOTAL 13 Additional Meetings may be required over the course of the Community Plan process. These meetings will be identified by the City’s Project Manager, in consultation with the Consulting Team Project Lead and Steering Committee, during the course of the Community Plan process. Project Schedule The Community Plan process is expected to take approximately twenty-four (24) months with an award and start-up meeting between the Consulting Team and City’s Project Manager prior to [INSERT DATE]. Proponents shall submit a work plan, in the form of a Gantt Chart (or other similar illustration), for all portions of the contract in accordance with the estimated timeline below. The work plan must contain detailed descriptions of all tasks to be performed, staff responsible for each task, key milestones and activities for completing the work. Proponents may propose alternative milestone events and/or dates, provided that the proposed overall duration does not exceed twenty-four (24) months. Expected Date Award of Contract TBD Phase 1 – Develop Work Plan and Confirmation of Vision and Principles 4 months (concurrent with Phase 2) Start-up Meeting TBD Complete Stakeholder Engagement Strategy TBD Page 14 - 211 - Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars Steering Committee Kick-off Meeting TBD Public Consultation Meeting #1 TBD Phase 2 – Background Studies, Preliminary Community Structure Plan & Neighbourhood Plan Areas 12 months (concurrent with Phase 1) Complete Terms of Reference for Background Studies TBD Complete Draft Background Studies TBD Complete Preliminary Concept, Structure and Neighbourhood Plan Areas TBD Public Consultation Meeting #2 TBD Phase 3 – Community Structure Plan & Neighbourhood Plan Areas Refinement & Draft Official Plan Amendment 6 months Complete Draft Official Plan Amendment TBD Phase 4 – Official Plan Amendment Adoption & Approval 6 months Statutory Public Meeting at Planning and Development Committee TBD Official Plan Amendment Adoption TBD Official Plan Amendment Approval TBD Considerations 9.1 AODA Compliance and City of Pickering Brand Guidelines Studies, reports, plans and presentations that will be published on the City of Pickering website must be provided to the City in an accessible format compatible to Adobe Acrobat XI or higher. Companies performing the work for the City must comply with the Accessibility for Ontarians With Disabilities Act, 2005 (“AODA”), in particular the Integrated Accessibility Standards, O. Reg. 191/11. Unless determined by the City to not be practicable, Companies shall ensure that any information, products, deliverables and/or communications (as defined in the Integrated Regulation) produced pursuant to a contract shall be in conformity with World Wide Web Consortium Web Content Accessibility Guidelines (WCAG) 2.0 Level AA and shall Page 15 - 212 - Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars be provided in accessible Word, Excel, PowerPoint, PDF, etc. Visit Ontario.ca for rules on how to comply. Materials produced must comply with the City’s Creating Accessible Documents Procedure. All documents and products produced by the Company that will be released to the public (electronic and hard copy) must also comply with the City’s Brand Guidelines. This includes PowerPoint presentations, reports, newsletters, brochures and any other handout material. 9.2 Submission of Electronic Documents All electronic documents produced by the Project Team during the course of the study and at the conclusion of it will be compatible with the City’s Information Technology systems and software. At the conclusion of the Study, the Company will compile and submit to the City all electronic files corresponding, but not limited to, the following: • letters and communications, memorandums, meeting minutes and agendas in Microsoft Word 2016 • background and technical documents in Microsoft Word or Excel, as applicable • study report(s) and appendices, including draft By-laws in the following formats, as applicable: o Microsoft Word 2016 o Adobe InDesign o PDF (compatible with Acrobat Pro Version 2019.010.20091) • GIS and AutoCAD (Map 3D 2018) files in the following format: o GIS shapefile georeferenced to NAD_1983_UTM_Zone_17N o WKID: 26917 Authority: EPSG • sketches, drawings, illustrations and graphics in the following, as applicable: o AutoCAD (map 3D 2018) georeferenced to NAD_1983_UTM_Zone_17N o Corel Draw (X8) o Adobe Illustrator Resources The City will, upon request, make a variety of documents and data available to the Project Team. In certain circumstances, the Project Team may need to enter into an agreement with the City or other public body to access or use certain data sets. The study resources include: • Planning Act • Provincial Policy Statement Page 16 - 213 - Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars • A Place to Grow: Growth Plan for the Greater Golden Horseshoe • Greenbelt Plan • Oak Ridges Moraine Conservation Plan • TRCA Living City Policies • Carruthers Creek Watershed Plan • OMAFRA’s Guidance Document for Agricultural Impact Assessments and Minimum Distance Separation Formulae Region of Durham • Durham Regional Official Plan • Transportation Master Plan • Water and Wastewater Master Plan Study Review (in progress) • At Home in Durham (Housing Plan) • Durham Region Agricultural Strategy City of Pickering • Pickering Official Plan • Recreation & Parks Master Plan • Integrated Transportation Master Plan (in progress) • Cultural Strategic Plan • Housing Strategy Study (in progress) • City of Pickering Sustainable Guidelines • Municipal Heritage Register Landowner Group Documents • Why Veraine? Settlement Boundary Expansion Rationale, prepared by Sorensen Gravely Lowes Planning Associates Inc., dated June 2020 • Veraine Master Plan Report, prepared by Sasaki, dated October 2019 • Veraine Environmental Conditions Report: Final Report, prepared by GeoProcess Research Associates, dated June 2020 • Veraine Hydrologic and Hydrogeologic Characterization Final Report, prepared by GeoProcess Research Associates, dated June 15, 2020 • Preliminary Transportation Study Veraine, Pickering: Final Report, prepared by IBI Group, dated October 2019 • Preliminary Master Servicing Report Veraine – North East Pickering, prepared by SCS Consulting Group Ltd., dated April 2020 Page 17 - 214 - Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars • The Veraine Sustainability Report, prepared by Urban Equation, dated October 2019 • High Level Agricultural Assessment for Agricultural Capability, Livestock Operations and Identification of Agri-food Network Operators Durham Region, prepared by DBH Soil Services Inc., dated October 2019 Page 18 - 215 - Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars B: MATERIAL DISCLOSURES The material disclosures that apply to this Request for Proposals, if any, are set out below. Not applicable for this Proposal. The pre-conditions of award that apply to this Request for Proposals, if any, are set out below. 1. 2. The Proponent agrees to provide to the City for review after closing: a) A copy of the City’s Health & Safety form (currently dated and signed); b) A certificate of insurance completed by the Company’s agent, broker or insurer (City form is attached); and c) Such further information as the City may require, as requested in writing. Items (a) and (b) do not have to be submitted with the proposal. Documentation (a) and (b) shall be provided within three (3) business days of written request by the City. The City’s findings shall be used to serve the best interests of the Corporation of the City of Pickering. Supplementary Documents: Subsequent to the Request for Proposal opening and upon request, the following documentation may be requested by the City for approval at any time throughout the duration of the project: a) A completed Accessibility Regulations for Contracted Services from; b) A completed Sub-contractors List, listing all sub-contractors who may be carrying out any part of this Contract; and c) Such further information, as the City may request in writing. Documentation shall be provided within three (3) business days of written request by the City. The City’s findings shall be used to serve the best interests of the Corporation of the City of Pickering. Page 19 - 216 - Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars C: MANDATORY TECHNICAL REQUIREMENTS The mandatory technical requirements that apply to this Request for Proposals, if any, are set out below. Not applicable for this Proposal. Page 20 - 217 - Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars D: RATED CRITERIA The following is an overview of the categories and weighting for the rated criteria of the Request for Proposals. Proponents who do not meet a minimum threshold score for a category will not proceed to the next stage of the evaluation process. Rated Criteria Category Weighting (Points) Threshold Company’s Experience and Qualifications 15 Understanding of Project 15 Work Plan and Deliverables 30 Project Manager, Project Team and Resources 20 Quality of References 5 Total Rated Criteria Points 85 51 Pricing 15 Total Points 100 Interview (up to 3 Proponents, if required) 25 Total Points (if interview required) 125 Company’s Experience and Qualifications = 15 Points a) Provide a Company profile and three (3) relevant examples of past projects within the last five (5) years that are comparable in scope. This should include a project synopsis that identifies the team members assembled who worked on the project, the current project status, budgeted costs versus actual costs, scheduling issues and resolutions, and design challenges or efficiencies. Provide client names, contacts and up-to-date contact phone numbers. b) A description demonstrating the Company’s substantial resources and support services available. c) A description of the Company’s proven methodology for communicating information to the applicable stakeholders. Understanding of Project = 15 Points The Proposal should include information that provides: a) Information that the Proponent understands the objectives and requirements of this project. Proponents must relate these objectives to past experience or expertise of the Proponent and/or their team; and Page 21 - 218 - deliverables, including an outline of the methods to engage and communicate with the public; 3. A preliminary work schedule that identifies work phases (by Gantt Chart or other similar illustration) including key dates for major deliverables (concept, goals and objectives, development criteria, community workshops and focus groups, infrastructure and implementation) in the proposed detailed work plan; 4. Proposed staffing roles and the amount of time that they will be dedicated to this project; 5. State the assumptions regarding the roles and involvement of City staff; 6. Identification of “value-added” services brought by the Consultant’s team; and 7. A description of the quality control methods that will be employed throughout the work phases. Project Manager, Project Team and Resources = 20 Points It is important that the Work be provided by a staff team that can demonstrate knowledge of, and experience in providing similar services for projects of comparable nature, size and scope. In particular, the Proponent should provide an overview of the key personnel who would be primarily involved in the project and include the following: a) Identify the prime firm submitting the Proposal and the sub-consultant firms (if applicable) that will be assembled to undertake the work for each part of the deliverables. b) The name, title, mailing address, phone number and e-mail address of the Project Manager; Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars b) A summary of the risks, problems or issues associated with the work and how they will be mitigated. Work Plan and Deliverables = 30 Points The Proponent is to provide a written response which clearly and concisely details the following: 1. An indication of when the Consultant can commence the work; 2. A detailed work plan for Phases 1 - 4 indicating and detailing the method, tasks and c) Condensed resumes and professional credentials of each individual on the Project Team that highlights their education, training, and work history; d) The respective roles of the team members and their current office locations. Team members named in this RFP cannot be replaced without prior written approval from the City; Page 22 - 219 - Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars e) Current and future project list that will be undertaken by members of the Proponent’s team including their current workload (i.e., identify other competing priorities that are assigned to each member within this project timeline); and f) Organizational chart that clearly defines the chain of command for each individual with the team. Quality of References = 5 Points Relevance of projects similar in scope and value completed over the last five (5) years. Complete Appendix E – Reference Form (or supply on other paper stock) and submit with the proposal. The City will contact the references provided as part of its evaluation process. Pricing = 15 Points Proponents should review, complete and submit Appendix C, Pricing Form. Interview – 25 Points (if required) Up to a maximum of three (3) of the top-ranked Proponents may be selected to attend an interview with key City staff at a mutually agreeable date/time at the City’s specified location. Interview questions may be provided to those Proponents who have been chosen, prior to the interview. Page 23 - 220 - Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars Appendix A – Northeast Pickering Community Plan Study Area Page 24 - 221 - Northeast Pickering Community Plan RFP-XX-2021 Appendix D – Request for Proposal Particulars Appendix B – Preliminary Vision and Community Design Principles Vision for Northeast Pickering Community Plan “To create a world-renowned community based on healthy, sustainable and thriving principles that will enable leading edge innovations in housing affordability, environmental stewardship and improved quality of life.” Modified Community Design Principles from Resolution #173/19 (attached). Page 25 - 222 - North East Pickering Landowners Group Inc. Proposed Modifications to the Veraine - Community Planning Principles Appendix 1 Community Planning Principles: Veraine Veraine will be a prototypical community focused on the mental and physical well-being of its residents and the sustainability of its natural environment. This will be accomplished through ground-breaking approaches to environmental and social place-making, healthy living practices, and community resiliency. Veraine is conceptualized and realized through a holistically planned community that is Complete, Thriving (Sustainable) and Connected (Smart). 1. A Complete Community: a. Neighbourhoods that support a fully inclusive and integrated lifestyle where residents and visitors alike can live, learn, work and socialize; all within the bounds of their own community. b. A multi-generational community offering a wide variety of housing choice and affordability, that is designed for residents from all walks and stages of life—a community to age in place. c. A mixed-use town-centre acting as a central focal point for shopping, entertainment, high-rise living, and employment, in cohesion with neighbourhoods containing a mix of densities to generate demand for the local transit and active transit network. d. Integrates with the greater surrounding area and region by embracing its authenticity, as well as its diversity of people, places, and natural habitats. e. Walkable neighbourhoods linked by multi-modal connections and an intuitive grid network which offer seamless opportunities for healthy living and active and safe active transport along streets and intersections. 2. A Thriving (Sustainable) Community: a. Create a highly resource efficient community that deploys cost-effective, community scale solutions to achieve reduced greenhouse gas emissions, energy and water consumption, and waste generation. b. Celebrates and enhances the Region's ecological systems and resources for future generations through land stewardship and the preservation of natural heritage. c. Resilient to a changing climate and the varying characteristics of Canadian weather through infrastructure, building, home, and community design. d. Achieves economic sustainability through the inclusion of a strong employment node with a focus on health and wellness, higher education, and a wide variety of commercial and professional service industries to ensure a diverse range of employment options and opportunities. e. Strives for excellence in environmental and social placemaking through a myriad of initiatives including maintaining existing/historic hedgerows and concession roads for use as a natural trail system and managing Attachment 2- 223 - North East Pickering Landowners Group Inc. Proposed Modifications to the Veraine - Community Planning Principles Appendix 1 Community Planning Principles: Veraine stormwater using sustainable design that strives to capture the greatest amount of rainwater that the nat ural system will allow. 3. A Connected (Smart) Community a. A future-focused community that is adaptable and evolving, supporting future opportunities for innovative forms of transportation through adaptable infrastructure. b. Provides and allows for the potential of various incoming multi-modal transportation opportunities that take advantage of smart technologies including Autonomous Vehicles (AV). c. Integrated planning approach to land use to maximize the potential for dual use functions such as resource efficient structure being integrated with inclusive neighbourhood spaces. d. Achieves a sustainable and healthful way of life through the deployment of low-carbon and smart systems and technologies at the district-scale and building-scale. e. Optimizes solar gain opportunities through a grid street network potentially aligned with True North where feasible. Attachment 2- 224 - Appendix II to Report No. PLN 31-21 Funding Agreement for Northeast Pickering Community Plan Consulting Assistance - 225 - B. The Owners’ lands are located in the north east area of the City of Pickering identified and depicted on Schedule “B” within the thick red line (the “North East Pickering Area ”). C. The Owners have agreed to initiate a process to pursue the development of the North East Pickering Area including, inter alia, the completion of a proposed community plan (“Community Plan”). D. The Owners have agreed to fund the full costs associated with the preparation of the Community Plan, subject to the terms of this Agreement. E. The Trustee has been appointed by the Owners to act on their behalf in order to implement the terms of this Agreement. F. The Trustee and the City have entered into this Agreement to confirm the manner in which the Owners, through the Trustee, will provide funding for the Community Plan, participate in the process of the Community Plan, and recover costs in the future. G. The City is authorized to execute this Agreement through the enactment of By- law by the City’s Council on . NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the covenants and agreements herein contained, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows. ARTICLE 1 DEFINITIONS 1.1 Definitions -In this Agreement, the following terms and expressions shall have NORTH EAST PICKERING COMMUNITY PLAN FUNDING AGREEMENT THIS AGREEMENT is made this day of , 2021 BETWEEN: THE CORPORATION OF THE CITY OF PICKERING (hereinafter referred to as the “City”) and NORTH EAST PICKERING LANDOWNERS GROUP INC. (hereinafter referred to as the “Trustee”) RECITALS: A. The Trustee represents owners of land listed in Schedule “A” (the “Owners”). the following meanings: (a) “Actual Costs” means all actual costs incurred by the City, and any other costs agreed to by the City and the Trustee, to complete the Community Plan, and includes, but is not limited to, HST and project management or administrative costs of the City associated with the completion of any aspect of the preparation and approval of the Community Plan. (b) “Additional Costs” means any amount of the Actual Costs (or any component thereof) that exceeds the Estimated Costs (or the - 226 - applicable component thereof) by more than the Contingency Allowance. (c) “Agreement” means this agreement and all Schedules attached hereto, as same may be amended from time to time. (d) “Business Day” means a day other than Saturday or Sunday or any day upon which the principal commercial banks in the geographic area of the City are not open for business during normal banking hours. (e) “Community Plan” has the meaning ascribed to it in Recital C. (f) “Community Plan Area” is the area depicted on a preliminary basis as the lands shown outlined in red on Schedule “B”, and subject to adjustment as determined by the Consultant and the City. (g) “Consultant” means the consulting firm retained by the City to complete the Community Plan. (h) “Contingency Allowance” means an allowance of ten percent (10 %) of the Consultants’ fees, which has been included in the calculation of the Estimated Costs by the City. (i) “Development Charges” means charges imposed pursuant to the Development Charges Act. (j) “Development Charges Act” means the Development Charges Act, 1997, S.O. 1997, c. 27, as amended, revised or consolidated from time to time and any successor legislation. (k) “DC By-law” means a by-law to impose Development Charges pursuant to Section 2(1) of the Development Charges Act. (l) “Estimated Costs” means the City’s estimate of the costs to complete the Community Plan to be incurred pursuant to this Agreement set out for reference in Schedule “D” prior to the confirmation of the Actual Costs. (m) “Non-Participating Benefitting Owner” means the owner of any land in the Community Plan Area who is not a “Owner”, as confirmed by the Trustee. (n) “North East Pickering Area” has the meaning ascribed to it in Recital B. (o) “Owner” means an owner of land in the North East Pickering Area currently listed in Schedule “A”, as well as any other owner of land in the North East Pickering Area who contributes its share of the Actual Costs, as confirmed by the Trustee. (p) “Planning Act” means the Planning Act, R.S.O. 1990, c. P. 13, as amended, revised, or consolidated from time to time and any successor legislation. (q) “Steering Committee” is defined in Section 3.2. (r) “Terms of Reference” means the terms of reference to be adhered to by the Consultant to prepare the Community Plan dated , a copy of which is attached hereto as Schedule “C”. ARTICLE 2 PRINCIPLES 2.1 Principles – The parties agree that the following constitute the principles which govern the interpretation, application, and administration of this Agreement: 2 - 227 - (a) The City will retain the Consultant to complete the Community Plan in accordance with the Terms of Reference; (b) The Trustee and the Owners will provide input to the completion of the Community Plan as provided for in the Terms of Reference and this Agreement; (c) The Trustee, on behalf of the Owners, will administer payments to the City of the Actual Costs as set out in this Agreement; (d) The City will use best efforts to seek future contributions to the Costs from Non-Participating Benefitting Owners in accordance with the policies of the Official Plan of the City; (e) The Trustee, on behalf of the Owners, has entered into this Agreement on the basis of the understanding that the City will initiate and pursue the completion and final approval of the Community Plan; and (f) Any consent or approval required or permitted under this Agreement shall be sought and considered reasonably, in good faith and in a timely basis. ARTICLE 3 COMMUNITY PLAN PROCESS 3.1 Initiation of Community Plan – The City will be the proponent of the Community Plan. The City covenants and agrees to retain the Consultant and all necessary sub-consultants and complete all necessary work related to the undertaking and completion of the Community Plan, in accordance with the Terms of Reference and the process set out in this Agreement. 3.2 Steering Committee – The parties acknowledge and agree that: (a) The Community Plan will be undertaken in accordance with the process described in the Terms of Reference, which will include the creation of a “Steering Committee” comprising the following persons: (i) The City’s Project Manager (Chair); (ii) The Consulting Team Project Lead (iii) Staff of the City; (iv) Staff of the Region of Durham; (v) Staff of the Conservation Authorities; (vi) The Trustee; and (vii) At least two (2) Owner representatives. (b) The Steering Committee will provide direction related to the Community Plan, be a sounding board for ideas, provide key directions and input for criteria for evaluation of land use alternatives, review all technical input, and oversee the schedule of the project. (c) Through ongoing meetings of the Steering Committee (which will be held regularly) the Trustee and its appointees will be given a meaningful opportunity to comment on the Community Plan process, including, without limitation, with respect to the review, negotiation and approval of any Additional Costs or contingencies. The authorization for the completion of these Additional Costs, either in whole or in part, will be evaluated on an ongoing basis through the Community Plan process, and approved by the Owners through discussion with the Steering 3 - 228 - Committee to be undertaken at which time it is deemed to be necessary and appropriate. (d) The Consultant will provide leadership to the Steering Committee to ensure that the Community Plan process adheres to the applicable consultation and notification requirements to satisfy the requirements of the Community Plan. Each participant in the Steering Committee will be encouraged to provide the Consultant with any and all relevant background studies that may be in their possession, and will provide the Consultant with all relevant information requested by the Consultant in as timely a manner as is reasonably possible. ARTICLE 4 ADMINISTRATION 4.1 Payments of Costs – The City will, on a phased basis as outlined in the terms of reference, invoice the Trustee in respect of the Estimated Costs (including Contingency Allowance) prior to commencing the next Phase of the Community Plan process. Provided that the City’s invoice is appropriate for the applicable Phase of the Community Plan in accordance with the approved budget of Estimated Costs set out in Schedule “D”, the Trustee will provide payment to the City in the amount set out in the invoice received from the City within fifteen (15) Business Days following receipt of such invoices. 4.2 Cost oversight – In the event that the Owners have an objection to any Additional Costs or if Additional Costs are projected to exceed the contingency amount set out in Schedule “D”, the Trustee, on behalf of the Owners, may request a meeting with the City for the purpose of resolving the issue. In the event that the Trustee delivers written notice of such an objection to the City, a meeting between the City, the Trustee and representatives of the Owners shall be held as soon as possible, and an automatic extension of at least five (5) Business Days following the date that such meeting is held shall apply with respect to the time period for the Trustee to remit any related payment to the City, if any. ARTICLE 5 TRUSTEE 5.1 Appointment – The Trustee represents that it has been duly appointed by the Owners to act as Trustee for the Owners for the purposes of this Agreement. 5.2 Functions of Trustee – The Trustee shall perform the functions specified in this Agreement and functions ancillary thereto. The Trustee shall generally do all such things required to give effect to those provisions of this Agreement, in accordance with the intentions of the parties as expressed by the terms of this Agreement. 5.3 Representative of Trustee – For the purpose of any of the functions of Trustee that entail communications and/or interactions between the Trustee and the City pursuant to this Agreement, the affairs and functions of the Trustee shall be controlled, managed, and performed by lawyers at a law firm retained to act on behalf of the Trustee and the Owners for this purpose. ARTICLE 6 REPRESENTATIONS AND WARRANTIES 6.1 Trustee representations and warranties – The Trustee represents and warrants that, as of the date of this Agreement: (a) It is duly incorporated, organized, and subsisting under the laws of the Province of Ontario. (b) It has all necessary capacity, power, and authority to enter into and to carry out the provisions of this Agreement. (c) Neither the execution of this Agreement nor the fulfilment of or compliance with the terms and conditions hereof: 4 - 229 - (i) Conflicts with or will conflict with or result in a breach of any of the terms, conditions, or provisions of or constitute a default under the constating documentation of the Trustee; and (ii) Conflicts in a material respect with or will conflict in a material respect with or result in a material breach of any of the terms, conditions, or provisions of or constitute a material default under any agreement, licence, or other instrument to which the Trustee is a party or by which it is bound. (d) To its knowledge after due inquiry, there are no actions, suits or proceedings pending or threatened against the Trustee which could reasonably be expected to materially adversely affect its ability to perform its obligations under this Agreement. 6.2 City representations and warranties – The City represents and warrants that, as of the date of this Agreement that: (a) It is a municipal corporation duly established and organized under the laws of the Province of Ontario. (b) It has all necessary capacity, power, and authority to enter into this Agreement pursuant to Part II of the Municipal Act, 2001, S.O. 2001, c. 25, as amended and, subject only to the qualifications expressly provided in this Agreement, to carry out the provisions of this Agreement. (c) To its knowledge after due inquiry, there are no actions, suits or proceedings pending or threatened against the City which could reasonably be anticipated to materially adversely affect its ability to perform its obligations under this Agreement. ARTICLE 7 TERM AND TERMINATION 7.1 Effective date of this Agreement – This Agreement shall be of no force and effect until executed by the City and the Trustee. Once so executed, the effective date of this Agreement shall be deemed conclusively to be the date shown on the first page of the Agreement. 7.2 Termination – This Agreement shall terminate upon such time as the Community Plan is complete, finally approved and in force, and the City confirms that the Actual Costs have been paid by the Trustee. ARTICLE 8 OWNER RECOVERIES 8.1 Development Charges – The City acknowledges that policies in the City’s Official Plan permit the Actual Costs to be included in an existing and/or future DC By-law for the City. The City will include the Actual Costs within a DC By- law for the City and will provide any available Development Charge credits to the Owners in relation to the Actual Costs. 8.2 Recoveries from Non-Participating Benefitting Owners – The City agrees to use its best efforts to recover the portions of the Actual Costs funded by the Owners through the Trustee pursuant to this Agreement for the benefit of Non- Participating Benefitting Owners, by requiring, as a condition of development, that appropriate cost sharing arrangements be entered into by Non- Participating Benefitting Owners. The City further agrees to support the inclusion of a specific policy in the Community Plan that requires that appropriate cost sharing arrangements be entered into by Non-Participating Benefitting Owners to reimburse the Owners for the Actual Costs as a condition of development approval. 5 - 230 - ARTICLE 9 NOTICE 9.1 Notice particulars – Any notice, demand, acceptance, request, or other communication (“Notice”) required to be given hereunder shall be given in writing and shall be given by personal delivery or email and addressed to: (a) The City as follows: The Corporation of the City of Pickering One The Esplanade Pickering, ON L1V 6K7 Recitals – The parties agree that the recitals herein are true and accurate and form part of this Agreement. Attention: Catherine Rose, Chief Planner Email: crose@pickering.ca (b) The Trustee as follows: North East Pickering Landowners Group Inc. c/o Davies Howe LLP The Tenth Floor 425 Adelaide Street West Toronto, ON M5V 3C1 Attention: Daniel Steinberg Email: daniels@davieshowe.com 9.2 Method of notice – Any notice shall be conclusively deemed to have been given to and received by the party to which it is addressed (a) if personally delivered, on the date of delivery; or (b) if by email or facsimile, on the day transmission delivery is confirmed by the party delivering the notice, provided that if delivery occurs after 5:00 p.m., Eastern Standard time, on a Business Day or at any time which is not a Business Day, delivery shall be conclusively deemed to have been given on the next Business Day. ARTICLE 10 GENERAL PROVISIONS 10.1 10.2 Singular and plural – Words importing the singular include the plural and vice versa. 10.3 Gender – Words importing gender include all genders. 10.4 Captions and headings – The captions and headings contained herein are for reference only and in no way affect this Agreement or its interpretation. 10.5 Covenants – Each agreement and obligation of each party hereto in this Agreement, even though not expressed as a covenant, shall be considered for all purposes to be a covenant. 10.6 Applicable law – This Agreement shall be construed and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable thereto and shall be treated in all respects as an Ontario contract. 10.7 Currency – All references to currency in this Agreement shall be references to Canadian dollars. 10.8 Entire agreement – This Agreement, the schedules referred to herein constitute the entire agreement between the parties hereto and supersede all prior agreements, representations, reports, recommendations, statements, promises, information, arrangements, and understandings, whether oral or 6 - 231 - written, express or implied, with respect to the subject matter of this Agreement. 10.9 Successors and assigns -It is hereby agreed by the parties hereto that this Agreement shall be enforceable by and against the parties, their administrators, heirs (where applicable), successors and permitted assigns. 10.10 Force majeure – If the City is delayed or hindered in or prevented from the performance of any act required to be performed by the City under this Agreement by reason of acts of God, strikes, lockouts, unavailability of materials, curtailment of transportation facilities, failure of power, prohibitive governmental laws or regulations, riots, insurrections, war, terrorist activities, explosions, unavoidable casualty or the act or failure to act of any other party (except those for whom in law the City is responsible), adverse weather conditions preventing the performance of work, or other unspecified, unforeseen or uncontrollable events beyond the City’s control, then the time for performance of such act shall be extended for a period equivalent to the period of such delay. 10.11 Modifications and amendments – No modifications or amendment to this Agreement may be made unless agreed to by the parties in writing. 10.12 Further assurances – At all times and from time to time hereafter upon every reasonable written request to do so, the Parties shall make, execute, deliver or cause to be made, done, executed and delivered, all such further acts, deeds, assurances and things as may be reasonably required to implement and carry out, the true intent and meaning of this Agreement. 10.13 Parties to act reasonably – Notwithstanding anything else in this Agreement, wherever in this Agreement any decision, action, consent, approval, or fee is to be made, taken or charged by or on behalf of any party hereto, this Agreement requires that the parties and their respective agents, servants, consultants or contractors shall act reasonably, expeditiously, and in good faith in respect thereof. 10.14 Time of the essence – Time shall be of the essence of this Agreement. 10.15 Counterpart execution – This Agreement may be executed in counterparts (i.e. it shall not be necessary for all of the parties to have signed the same copy hereof) and may be executed and/or transmitted by facsimile or e-mail. 10.16 No fettering – W here any provision of this Agreement contemplates a future legislative or policy decision within the discretion of Council of the City, such decision shall remain within the sole and unfettered legislative or policy discretion of Council of the City. 10.17 Schedules – The following schedules are attached to and form an integral part of this Agreement: Schedule “A” List of Owners Schedule “B” Plan Depicting North East Pickering Area Schedule “C” Terms of Reference Schedule “D” Estimated Costs The parties are signing this Agreement on the date above first written. [SIGNATURE PAGES TO FOLLOW] 7 - 232 - PARTICIPATING LANDOWNERS NORTH EAST PICKERING PI C K E R I N G WH I T B Y 8TH CON RD 7TH CON RD SA L E M R D SI D E L I N E 6 SI D E L I N E 4 SI D E L I N E 2 WE S T N E Y R D SI D E L I N E 8 SI D E L I N E 4 HWY 7 LA K E R I D G E R D WE S T N E Y R D LA K E R I D G E R D KI N S A L E R D 6TH CON RD £¤407 3 2 20 1 10 4 5 8 19 17 12 16 14 13 15 6 11 7 18 21 9 0 250 500125 metres Ü KINSALE GREENWOOD KINSALE GREENWOOD f II f PARTICIPATING LANDOWNERS DEVELOPABLE AREA Map ID Participating Landowner Gross Area Developable Area 21 Ar mlan d Grou p 4.0 3.5 11 Bro wn Grou p 8.4 4.3 17 Clark(Ravi )31.8 6.1 14 Cou ghla n Ho mes 18.1 16.8 1 Dorsa y 50.2 31.2 2 68.9 41.7 3 104.2 77.7 4 38.4 26.8 7 4.0 2.2 10 82.2 63.6 12 27.2 0.3 13 13.1 9.5 16 19.1 12.6 18 4.8 3.0 5 Triniso n 37.2 25.5 6 6.2 6.2 8 36.3 19.4 9 0.8 0.8 15 12.1 12.1 19 Tribut e 69.6 14.4 20 118.7 61.5 Total Participating Landowners 755.5 439.2 Notes: 1.Areasm easure d in hectares . 2.Developableareaex clu des : -GreenbeltPla n (outsi deofVeraineCo mmunity ) -Hi ghway407 Right-of-Wa y -30 m Hy dro Corri dor -NaturalAreaDesi gnatio n fro m ScheduleI:Lan d UseStru cture , Pi ckerin g Ofi cialPlan,E ditio n 8,June201 8 -NaturalHerita geSyste m Desi gnatio n within Active RecreationalArea s fro m Schedule IA:Resour ceMana gement-T heNaturalHerita geSyste m, Pi ckerin g Ofi cialPlan,E ditio n 8,June2018 . Sources: Goog leEarth Im ag ery,May2018 Containsinform ation licensed und ertheOpen Governm ent Licence–Ontario North East Pickering Municipal Boundary Greenbelt Plan - Protected Country Hamlet Non-Developable Area Hwy 407 Right-of-Way 30m Hydro Corridor Natural Area/Natural Heritage System Participating Landowners Armland Group Brown Group Clark (Ravi) Coughlan Homes Dorsay Trinison Tribute MGP File: 20-291 8 Date: May17,202 1 - 233 - Appendix III to Report No. PLN 31-21 Funding Agreement for Northeast Pickering Senior Project Manager Position - 234 - B. The Owners’ lands are located in the north east area of the City of Pickering identified and depicted on Schedule “B” within the thick red line (the “North East Pickering Area ”). C. The Owners have agreed to initiate a process to pursue the development of the North East Pickering Area including, inter alia, the completion of a proposed community plan (“Community Plan”). D. The Owners and the City have agreed that the Owners will front-fund the fees and expenses of a senior project manager to assist the City in the Community Plan formulation process (the “City’s Project Manager”), subject to the terms of this Agreement. E. The Trustee has been appointed by the Owners to act on their behalf in order to implement the terms of this Agreement. F. The Trustee and the City have entered into this Agreement to confirm the manner in which the Owners, through the Trustee, will provide funding for the City to pay City’s Project Manager and recover costs in the future. G. The City is authorized to execute this Agreement through the enactment of By- law by the City’s Council on . NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the covenants and agreements herein contained, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows. 1.1 Definitions -In this Agreement, the following terms and expressions shall have the following meanings: NORTH EAST PICKERING SENIOR PROJECT MANAGER POSITION FUNDING AGREEMENT THIS AGREEMENT is made this day of , 2021 BETWEEN: THE CORPORATION OF THE CITY OF PICKERING (hereinafter referred to as the “City”) and NORTH EAST PICKERING LANDOWNERS GROUP INC. (hereinafter referred to as the “Trustee”) RECITALS: A. The Trustee represents owners of land listed in Schedule “A” (the “Owners”). (a) “Actual Costs” means all actual fees and expenses (including HST) of the City’s Project Manager. (b) “Additional Costs” means any amount of the Actual Costs that exceeds the Estimated Costs by more than the Contingency Allowance. (c) “Agreement” means this agreement and all Schedules attached hereto, as same may be amended from time to time. (d) “Business Day” means a day other than Saturday or Sunday or any day upon which the principal commercial banks in the geographic area of the City are not open for business during normal banking hours. (e) “City’s Project Manager” has the meaning ascribed to it in Recital D. (f) “Community Plan” has the meaning ascribed to it in Recital C. DH 01709084 4 - 235 - (g) “Community Plan Area” is the area depicted on a preliminary basis as the lands shown outlined in red on Schedule “B”, and subject to adjustment as determined by the City’s Project Manager and the City. (h) “Development Charges” means charges imposed pursuant to the Development Charges Act. (i) “Development Charges Act” means the Development Charges Act, 1997, S.O. 1997, c. 27, as amended, revised or consolidated from time to time and any successor legislation. (j) “DC By-law” means a by-law to impose Development Charges pursuant to Section 2(1) of the Development Charges Act. (k) “Disbursement Allowance” means an allowance of $5,500 paid at the beginning of the first year and $1,500 paid up front each year thereafter, which has been included in the calculation of the Estimated Costs by the City. (l) “Estimated Costs” means the City’s estimate of the fees and expenses of the City’s Project Manager set out for reference in Schedule “D”, prior to the confirmation of the Actual Costs. (m) “Non-Participating Benefitting Owner” means the owner of any land in the Community Plan Area who is not a “Owner”, as confirmed by the Trustee. (n) “North East Pickering Area” has the meaning ascribed to it in Recital B. (o) “Owner” means an owner of land in the North East Pickering Area currently listed in Schedule “A”, as well as any other owner of land in the North East Pickering Area who contributes its share of the Actual Costs, as confirmed by the Trustee. (p) “Planning Act” means the Planning Act, R.S.O. 1990, c. P. 13, as amended, revised, or consolidated from time to time and any successor legislation. ARTICLE 2 PRINCIPLES AND GENER AL OBLIGATIONS 2.1 Principles – The parties agree that the following constitute the principles which govern the interpretation, application and administration of this Agreement: (a) The City will retain the City’s Project Manager; (b) The Trustee and the Owners will provide funding for and input into the selection of the City’s Project Manager, which is subject to this agreement and to the Community Plan process pursuant to a separate agreement to be entered into between the City and the Trustee; (c) The anticipated term of employment of the City Project Manager is three (3) years, which is related to the duration of the Community Plan process; (d) The term of employment may be extended in six (6) month increments if approved in writing by the City and the Trustee, to ensure completion of the Community Plan process; (e) The Trustee, on behalf of the Owners, will administer payments to the City of the Actual Costs as set out in this Agreement; (f) The City will use best efforts to seek future contributions to the Costs from Non-Participating Benefitting Owners in accordance with the policies of the Official Plan of the City; DH 01709084 4 2 - 236 - (g) The Trustee, on behalf of the Owners, has entered into this Agreement on the basis of the understanding that the City will initiate and pursue the completion and final approval of the Community Plan; and (h) Any consent or approval required or permitted under this Agreement shall be sought and considered reasonably, in good faith and in a timely basis. 2.2 Retainer of City’s Project Manager – The City will retain the City’s Project Manager to assist the City with the project management and implementation of the Community Plan process. 2.3 Payments of Costs – The City will make written requests for funds from the Trustee on a semi-annual basis to fund the Estimated Costs (including the Disbursement Allowance). Provided that the City’s request is appropriate for the Estimated Costs of the applicable semi-annual term in accordance with the approved budget set out in Schedule “C”, the Trustee will provide payment to the City in the amount set out in the request received from the City within fifteen (15) Business Days following receipt of such request. (a) It is duly incorporated, organized, and subsisting under the laws of the Province of Ontario. (b) It has all necessary capacity, power, and authority to enter into and to carry out the provisions of this Agreement. (c) Neither the execution of this Agreement nor the fulfilment of or compliance with the terms and conditions hereof: (i) Conflicts with or will conflict with or result in a breach of any of the terms, conditions, or provisions of or constitute a default under the constating documentation of the Trustee; and (ii) Conflicts in a material respect with or will conflict in a material respect with or result in a material breach of any of the terms, 2.4 Cost oversight – In the event that the Owners have an objection to any Additional Costs or if Additional Costs are projected to exceed the estimated amount set out in Schedule “D”, the Trustee, on behalf of the Owners, may request a meeting with the City for the purpose of resolving the issue. In the event that the Trustee delivers written notice of such an objection to the City, a meeting between the City, the Trustee and representatives of the Owners shall be held as soon as possible, and an automatic extension of at least five (5) Business Days following the date that such meeting is held shall apply with respect to the time period for the Trustee to remit any related payment to the City, if any. ARTICLE 3 TRUSTEE 3.1 Appointment – The Trustee represents that it has been duly appointed by the Owners to act as Trustee for the Owners for the purposes of this Agreement. 3.2 Functions of Trustee – The Trustee shall perform the functions specified in this Agreement and functions ancillary thereto. The Trustee shall generally do all such things required to give effect to those provisions of this Agreement, in accordance with the intentions of the parties as expressed by the terms of this Agreement. 3.3 Representative of Trustee – For the purpose of any of the functions of Trustee that entail communications and/or interactions between the Trustee and the City pursuant to this Agreement, the affairs and functions of the Trustee shall be controlled, managed, and performed by lawyers at a law firm retained to act on behalf of the Trustee and the Owners for this purpose. 3.4 Trustee representations and warranties – The Trustee represents and warrants that, as of the date of this Agreement: DH 01709084 4 3 - 237 - conditions, or provisions of or constitute a material default under any agreement, licence, or other instrument to which the Trustee is a party or by which it is bound. (d) To its knowledge after due inquiry, there are no actions, suits or proceedings pending or threatened against the Trustee which could reasonably be expected to materially adversely affect its ability to perform its obligations under this Agreement. 3.5 City representations and warranties – The City represents and warrants that, as of the date of this Agreement that: (a) It is a municipal corporation duly established and organized under the laws of the Province of Ontario. (b) It has all necessary capacity, power, and authority to enter into this Agreement pursuant to Part II of the Municipal Act, 2001, S.O. 2001, c. 25, as amended and, subject only to the qualifications expressly provided in this Agreement, to carry out the provisions of this Agreement. (c) To its knowledge after due inquiry, there are no actions, suits or proceedings pending or threatened against the City which could reasonably be anticipated to materially adversely affect its ability to perform its obligations under this Agreement. ARTICLE 4 TERM AND TERMINATION 4.1 Effective date of this Agreement – This Agreement shall be of no force and effect until executed by the City and the Trustee. Once so executed, the effective date of this Agreement shall be deemed conclusively to be the date shown on the first page of the Agreement. 4.2 Termination – This Agreement shall terminate upon such time as all Actual Costs have been paid or mutually agreed by the City and the Trustee, provided that a minimum of 60 days notice is provided. ARTICLE 5 OWNER RECOVERIES 5.1 Development Charges – The City acknowledges that policies in the City’s Official Plan permit the Actual Costs to be included in an existing and/or future DC By-law for the City. The City will include the Actual Costs within a DC By- law for the City and will provide any available Development Charge credits to the Owners in relation to the Actual Costs. 5.2 Recoveries from Non-Participating Benefitting Owners – The City agrees to use its best efforts to recover the portions of the Actual Costs funded by the Owners through the Trustee pursuant to this Agreement for the benefit of Non- Participating Benefitting Owners, by requiring, as a condition of development, that appropriate cost sharing arrangements be entered into by Non- Participating Benefitting Owners. The City further agrees to support the inclusion of a specific policy in the Community Plan that requires that appropriate cost sharing arrangements be entered into by Non-Participating Benefitting Owners to reimburse the Owners for the Actual Costs as a condition of development approval. ARTICLE 6 NOTICE 6.1 Notice particulars – Any notice, demand, acceptance, request, or other communication (“Notice”) required to be given hereunder shall be given in writing and shall be given by personal delivery or email and addressed to: The City as follows: DH 01709084 4 4 - 238 - The Corporation of the City of Pickering One The Esplanade Pickering, ON L1V 6K7 Attention: Catherine Rose, Chief Planner Email: crose@pickering.ca The Trustee as follows: North East Pickering Landowners Group Inc. c/o Davies Howe LLP The Tenth Floor 425 Adelaide Street West Toronto, ON M5V 3C1 Attention: Daniel Steinberg Email: daniels@davieshowe.com 7.8 Entire agreement – This Agreement, the schedules referred to herein constitute the entire agreement between the parties hereto and supersede all prior agreements, representations, reports, recommendations, statements, promises, information, arrangements, and understandings, whether oral or written, express or implied, with respect to the subject matter of this Agreement. 7.9 Successors and assigns -It is hereby agreed by the parties hereto that this Agreement shall be enforceable by and against the parties, their administrators, heirs (where applicable), successors and permitted assigns. 7.10 Force majeure – If the City is delayed or hindered in or prevented from the performance of any act required to be performed by the City under this Agreement by reason of acts of God, strikes, lockouts, unavailability of materials, curtailment of transportation facilities, failure of power, prohibitive 6.2 Method of notice – Any notice shall be conclusively deemed to have been given to and received by the party to which it is addressed (a) if personally delivered, on the date of delivery; or (b) if by email or facsimile, on the day transmission delivery is confirmed by the party delivering the notice, provided that if delivery occurs after 5:00 p.m., Eastern Standard time, on a Business Day or at any time which is not a Business Day, delivery shall be conclusively deemed to have been given on the next Business Day. ARTICLE 7 GENERAL PROVISIONS 7.1 Recitals – The parties agree that the recitals herein are true and accurate and form part of this Agreement. 7.2 Singular and plural – Words importing the singular include the plural and vice versa. 7.3 Gender – Words importing gender include all genders. 7.4 Captions and headings – The captions and headings contained herein are for reference only and in no way affect this Agreement or its interpretation. 7.5 Covenants – Each agreement and obligation of each party hereto in this Agreement, even though not expressed as a covenant, shall be considered for all purposes to be a covenant. 7.6 Applicable law – This Agreement shall be construed and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable thereto and shall be treated in all respects as an Ontario contract. 7.7 Currency – All references to currency in this Agreement shall be references to Canadian dollars. DH 01709084 4 5 - 239 - governmental laws or regulations, riots, insurrections, war, terrorist activities, explosions, unavoidable casualty or the act or failure to act of any other party (except those for whom in law the City is responsible), adverse weather conditions preventing the performance of work, or other unspecified, unforeseen or uncontrollable events beyond the City’s control, then the time for performance of such act shall be extended for a period equivalent to the period of such delay. 7.11 Modifications and amendments – No modifications or amendment to this Agreement may be made unless agreed to by the parties in writing. 7.12 Further assurances – At all times and from time to time hereafter upon every reasonable written request to do so, the Parties shall make, execute, deliver or cause to be made, done, executed and delivered, all such further acts, deeds, assurances and things as may be reasonably required to implement and carry out, the true intent and meaning of this Agreement. 7.13 Parties to act reasonably – Notwithstanding anything else in this Agreement, wherever in this Agreement any decision, action, consent, approval, or fee is to be made, taken or charged by or on behalf of any party hereto, this Agreement requires that the parties and their respective agents, servants, consultants or contractors shall act reasonably, expeditiously, and in good faith in respect thereof. 7.14 Time of the essence – Time shall be of the essence of this Agreement. 7.15 Counterpart execution – This Agreement may be executed in counterparts (i.e. it shall not be necessary for all of the parties to have signed the same copy hereof) and may be executed and/or transmitted by facsimile or e-mail. 7.16 No fettering – W here any provision of this Agreement contemplates a future legislative or policy decision within the discretion of Council of the City, such decision shall remain within the sole and unfettered legislative or policy discretion of Council of the City. 7.17 Schedules – The following schedules are attached to and form an integral part of this Agreement: Schedule “A” List of Owners Schedule “B” Plan Depicting North East Pickering Area Schedule “C” Approved Budget Schedule “D” Estimated Fees and Expenses The parties are signing this Agreement on the date above first written. [SIGNATURE PAGES TO FOLLOW] DH 01709084 4 6 - 240 - PARTICIPATING LANDOWNERS NORTH EAST PICKERING PI C K E R I N G WH I T B Y 8TH CON RD 7TH CON RD SA L E M R D SI D E L I N E 6 SI D E L I N E 4 SI D E L I N E 2 WE S T N E Y R D SI D E L I N E 8 SI D E L I N E 4 HWY 7 LA K E R I D G E R D WE S T N E Y R D LA K E R I D G E R D KI N S A L E R D 6TH CON RD £¤407 3 2 20 1 10 4 5 8 19 17 12 16 14 13 15 6 11 7 18 21 9 0 250 500125 metres Ü KINSALE GREENWOOD KINSALE GREENWOOD f II f PARTICIPATING LANDOWNERS DEVELOPABLE AREA Map ID Participating Landowner Gross Area Developable Area 21 Ar mlan d Grou p 4.0 3.5 11 Bro wn Grou p 8.4 4.3 17 Clark(Ravi )31.8 6.1 14 Cou ghla n Ho mes 18.1 16.8 1 Dorsa y 50.2 31.2 2 68.9 41.7 3 104.2 77.7 4 38.4 26.8 7 4.0 2.2 10 82.2 63.6 12 27.2 0.3 13 13.1 9.5 16 19.1 12.6 18 4.8 3.0 5 Triniso n 37.2 25.5 6 6.2 6.2 8 36.3 19.4 9 0.8 0.8 15 12.1 12.1 19 Tribut e 69.6 14.4 20 118.7 61.5 Total Participating Landowners 755.5 439.2 Notes: 1.Areasm easure d in hectares . 2.Developableareaex clu des : -GreenbeltPla n (outsi deofVeraineCo mmunity ) -Hi ghway407 Right-of-Wa y -30 m Hy dro Corri dor -NaturalAreaDesi gnatio n fro m ScheduleI:Lan d UseStru cture , Pi ckerin g Ofi cialPlan,E ditio n 8,June201 8 -NaturalHerita geSyste m Desi gnatio n within Active RecreationalArea s fro m Schedule IA:Resour ceMana gement-T heNaturalHerita geSyste m, Pi ckerin g Ofi cialPlan,E ditio n 8,June2018 . Sources: Goog leEarth Im ag ery,May2018 Containsinform ation licensed und ertheOpen Governm ent Licence–Ontario North East Pickering Municipal Boundary Greenbelt Plan - Protected Country Hamlet Non-Developable Area Hwy 407 Right-of-Way 30m Hydro Corridor Natural Area/Natural Heritage System Participating Landowners Armland Group Brown Group Clark (Ravi) Coughlan Homes Dorsay Trinison Tribute MGP File: 20-291 8 Date: May17,202 1 - 241 - i e a d R Eighth Concession Road ne 1 2 ne 6 ne 4 i i l l il d e d e d e i i i S S S Si d e l i n e 2 Seventh Concession Road We s t n e y R o a d Sa l e m R o a d High w a y 7 S d line 8 ad ge Ro ke i L Location MapProperty Descrt iption for Northeast Pickert ing Lands:Parts of Lo s A, 1 to 11, Par s of Concessions 5, 6 and 7 City DevelopmentDepartment ll ri t i ;© Her Mahe C ty o Inc. and tt s supp P ckerhe Queenli i i ight of ; i ictmen pa rom of Nattura Resources. At ll ri o M n i t i ; t ers al t THSCALEIS S NOT A PLAN OF SURVEY.I : :30,000A© The Corpora © Teranegh s reserved.t Enterpr ton o ises f t i jesi f y it ing Produced ers alln R r ghts reserved. (in parCanada, Depart) under © Mun l cense i l f Proper t : © Queens Pr y Assessmenl inter, On Corpora tar ghi t t on ands reserved.i is ry o ts supp f Na ura li l Resources. l righ s reserved.; Date: 1Jul. 24, 2020 L:\PLANNING\01-MapFiles\Other\02- CityDevelopment\Planning Studies\D1100-99_Veraine\LocationMap - Northeast Pickering.mxd Attachment #1 to Report #PLN 31-21 Highway 407 Legend Northeast Pickering Lands MTO Owned Lands Greenbelt Boundary Hamlets - 242 - Attachment #2 to Report #PLN 31-21 Council Decision Resolution #173/19 WHEREAS, at the September 23, 2019 Council meeting, the City of Pickering adopted Resolution #140/19 “An Age Friendly Affordable Housing Strategy”; And Whereas, included in this Resolution was a request for Durham Region to include in their Municipal Comprehensive Review all lands within the City of Pickering that meet the following criteria: • lands not restricted by availability of servicing • lands that do not compromise a specialty crop area • lands that are not within a natural heritage system • lands not located in the moraine natural core and linkage areas • lands experiencing growth pressures and/or with locations in the white belt that are appropriate for growth and can achieve a healthy, connected, thriving and complete community • lands that have existing or planned infrastructure to support and accommodate growth; And Whereas, at the Planning and Development Committee meeting of November 4, 2019, the Community of Veraine presentation was made to the City of Pickering, being a new community proposed for northeast Pickering based on thriving, connected and complete community principles that comprise inclusivity and affordability; And Whereas, among other things Veraine provides an opportunity that can address the need for age friendly, affordable housing options for future generations for decades to come; Now therefore be it resolved that the Council of The Corporation of the City of Pickering: 1. Supports the Vision and Community Planning Principles for the lands in northeast Pickering known as Veraine, and reaffirms its request that the Region of Durham include these lands in the settlement area boundary during its current Municipal Comprehensive Review; 2. That City Staff be directed to report back to Committee in Q1 2020 outlining a process to initiate a secondary plan for the new community of Veraine based on the Community Planning Principles in Appendix 1 attached to this Motion; 3. That City Staff be directed through the CAO’s Office to discuss with the landowners an arrangement for a dedicated team that will work on the Veraine file, without impacting other priorities of the City of Pickering; and, 4. That a copy of this resolution be forwarded to the Region of Durham. - 243 - Attachment #3 to Report #PLN 31-21 Council Decision Resolution #347/20 & #348/20 1. That Corr. 29-20, dated June 17, 2020, from Geoffrey Grayhurst, President and CEO, Dorsay (Pickering) Limited, regarding a Request to Initiate a Ministerial Zoning Order for Lands in Northeast Pickering – the Community of Veraine, be received; 2.a) That the Deputy Mayor, on behalf of Council, be directed to make a request to Minister Steve Clark, Minister of Municipal Affairs and Housing, for a Minister’s Zoning Order for the Community of Veraine; b) That Staff be directed to include in the August Secondary Plan Strategy, the ability to implement an interim control by-law, prior to any approvals, to ensure that the Town of Ajax is satisfied with any matters pertaining to the watershed on Carruthers Creek; and, 3. That the request and this resolution be copied to the Premier of Ontario, the Honourable Doug Ford and Pickering-Uxbridge MPP, the Honourable Peter Bethlenfalvy. - 244 - Attachment #4 to Report #PLN 31-21 Council Decision Resolution #140/19 WHEREAS, the City of Pickering is projected to be a driving force for residential and economic growth in Durham Region and the GTA over the next 2 decades; And Whereas, by the year 2031 the estimated population of Pickering will grow to 190,000; And Whereas, the lack of affordable and sustainable housing options have reached a crisis in parts of Canada, and in particular the Greater Toronto area; And Whereas, the City of Pickering recognizes that there is an urgent need to create an age friendly housing strategy that includes reviewing and redefining its urban/living boundaries consistent with current and future growth within the GTA, Durham, and City of Pickering beyond 2031; And Whereas, the City of Pickering considers all serviceable lands with access to water and sewer within its current and potential urban/living boundaries be considered as a living area; And Whereas, the Province of Ontario has recognized the need for more housing choices and more affordability; And Whereas, the Ministry of Municipal Affairs and Housing has produced its “More Homes, More Choice: Ontario’s Housing Supply Action Plan”, and has given royal assent to Bill 108 (More Homes, More Choice Act, 2019) to address housing supply, housing variety and affordability; And Whereas, the City of Pickering has commenced a Strategic Plan Review that includes redefining its urban/living boundaries; And Whereas, the Provincial Government amended the Growth Plan to permit some additional options for urban area boundary expansions, and to allow upper and single-tier municipalities to request alternative intensification targets to address, among other matters, greater housing supply, and affordability; And Whereas, proposed amendments to the Provincial Policy Statement will allow consideration of market demands and needs in determining housing options, as a strategy to provide a more diverse range of grade related homes; And Whereas, the Region of Durham is currently undertaking a municipal comprehensive review of its settlement areas, including a land needs assessment as required by the Growth Plan for the Greater Golden Horseshoe; And Whereas, on February 27, 2019, Durham Regional Council commented on Amendment 1 to the Growth Plan for the Greater Golden Horseshoe 2017 in support of a minimum density of 50 persons and jobs per gross hectare for new greenfield developments, and a region-wide intensification target of a minimum 45% within the existing built boundary; - 245 - Council Decision Resolution #140/19 And Whereas, the City of Pickering supports the Region’s comments on Amendment 1 to the Growth Plan; Now therefore be it resolved that the Council of the Corporation for the City of Pickering request that the Region of Durham in their review include: 1. All lands within the City of Pickering meet the following criteria: • Lands not restricted by availability of servicing • Lands that do not comprise a Specialty Crop Area • Lands that are not within a Natural Heritage System • Lands not located in the Moraine Natural Core and Linkage Areas • Lands experiencing growth pressures and or with locations in the white belt that are appropriate for growth and can achieve a healthy, connected, thriving and complete community • Lands that have existing or planned infrastructure to support and accommodate growth 2. That the Region of Durham be requested to seek approval of the Minister of Municipal Affairs and Housing to an alternate intensification rate of 45% for Durham Region that will enable greater flexibility to provide a more diverse range of grade related housing mix; 3. That City staff be directed to report back to Planning & Development Committee in the first quarter of 2020 outlining a process to develop an age friendly housing strategy, including changes to Pickering’s Official Plan and any required secondary plan reviews of those lands in Pickering that meet the stated criteria of recommendation #1; and, 4. That a copy of this resolution be forwarded to the Premier of Ontario, Durham Region MPPs, all Durham Regional Municipalities, and the Region of Durham. - 246 - Attachment #3 to Report CAO 06-22 Legislative Services Division Clerk’s Office Directive Memorandum July 2, 2021 To: Kyle Bentley Director, City Development & CBO From: Susan Cassel City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on June 28, 2021 Director, City Development & CBO, Report PLN 31-21 Northeast Pickering Area Request for Proposals Particulars for Preparation of a Community Plan for Northeast Pickering Funding Agreement for Consulting Assistance Funding Agreement for a Senior Project Manager Council Decision Resolution #625/21 1. That Council approve the draft “Appendix D – Request for Proposals Particulars Northeast Pickering Community Plan”, which identifies the deliverables, including scope of work, project management, consultation and engagement, and timetable, for the consulting assignment for the preparation of an overall community plan for the Northeast Pickering Area for the consideration of Council, generally as set out in Appendix I to Report PLN 31- 21; 2. That Council approve the funding agreement between the North East Pickering Landowners Group Inc. and the City of Pickering, for the hiring of a planning consulting team to prepare a Community Plan for the Northeast Pickering Area, generally as set out in Appendix II to Report PLN 31-21; 3. That Council approve the funding agreement between the North East Pickering Landowners Group Inc. and the City of Pickering, for the hiring of a Senior Project Manager (contract) dedicated to managing the preparation of the overall community plan for the Northeast Pickering Area, generally as set out in Appendix III to Report PLN 31-21; 4. That the Mayor and City Clerk be authorized to execute the funding agreements subject to any minor refinements acceptable to the Chief Administrative Officer, the Director, Corporate Services & City Solicitor and the Director, Finance & Treasurer; 5. That staff be authorized to issue Request for Proposals for the overall Northeast Pickering Community Plan, subject to any minor refinements to the project particulars acceptable to the Director, City Development & CBO and the Director, Economic Development & Strategic Projects, following the execution - 247 - of the funding agreements and the hiring of the contract Senior Project Manager; 6. That staff report back to Council on the recommended planning consulting team; and, 7. That Council authorize the appropriate City officials to undertake the necessary actions required to implement the above recommendations. Please take any action deemed necessary. Susan Cassel Copy: Chief Administrative Officer Director, Corporate Services & City Solicitor Director, Finance & Treasurer Director, Economic Development & Strategic Projects - 248 - Attachment #4 to Report CAO-06-22 Council Decision Resolution #173/19 WHEREAS, at the September 23, 2019 Council meeting, the City of Pickering adopted Resolution #140/19 “An Age Friendly Affordable Housing Strategy”; And Whereas, included in this Resolution was a request for Durham Region to include in their Municipal Comprehensive Review all lands within the City of Pickering that meet the following criteria: lands not restricted by availability of servicing lands that do not compromise a specialty crop area lands that are not within a natural heritage system lands not located in the moraine natural core and linkage areas lands experiencing growth pressures and/or with locations in the white belt that are appropriate for growth and can achieve a healthy, connected, thriving and complete community lands that have existing or planned infrastructure to support and accommodate growth; And Whereas, at the Planning and Development Committee meeting of November 4, 2019, the Community of Veraine presentation was made to the City of Pickering, being a new community proposed for northeast Pickering based on thriving, connected and complete community principles that comprise inclusivity and affordability; And Whereas, among other things Veraine provides an opportunity that can address the need for age friendly, affordable housing options for future generations for decades to come; Now therefore be it resolved that the Council of The Corporation of the City of Pickering: 1. Supports the Vision and Community Planning Principles for the lands in northeast Pickering known as Veraine, and reaffirms its request that the Region of Durham include these lands in the settlement area boundary during its current Municipal Comprehensive Review; 2. That City Staff be directed to report back to Committee in Q1 2020 outlining a process to initiate a secondary plan for the new community of Veraine based on the Community Planning Principles in Appendix 1 attached to this Motion; 3. That City Staff be directed through the CAO’s Office to discuss with the landowners an arrangement for a dedicated team that will work on the Veraine file, without impacting other priorities of the City of Pickering; and, 4. That a copy of this resolution be forwarded to the Region of Durham. - 249 - Attachment #5 to Report CAO-06-22 Memo To: Kyle Bentley Director, City Development Fiaz Jadoon, Director Economic Development & Strategic Projects April 13, 2022 From: Kayla Horne Buyer, Supply & Services Copy: Manager, Supply & Services Administrative Assistant, City Development Subject: Proposal No. RFP2021-9 Northeast Pickering Community Plan Closing Date: Wednesday, February 16, 2022 - File: F-5300-001 Further to memo dated February 23, 2022, two (2) proposals proceeded to Stage II evaluation. The Evaluation Committee, consisting of City Staff from City Development and Economic Development & Strategic Projects, conducted independent evaluations of the proposals. A summary of average scores is completed and a copy is attached. In accordance with Item 2.6 Stage V – Ranking and Contract Negotiations, all scores from Stage II and Stage III have been added together, the proponents have been ranked based on their total scores, and may be selected to enter into contract negotiations. The Evaluation Committee has confirmed that contract negotiations will not be required. SGL Planning & Design Inc. is the highest ranking proponent in the amount of 556,263.00 plus HST. A budget of 1,000,000.00 was provided to Supply & Services for this procurement. In accordance with Part B. Material Disclosures, Item 1, as a pre-condition of award, the selected proponent, SGL Planning & Design Inc. will be required to provide the following documents for review: (a) A copy of the City’s Health and Safety Policy form currently dated and signed; (b) The City’s certificate of insurance or approved alternative form shall be completed by the Proponent’s agent, broker or insurer. Please advise if we are to proceed with this task. In accordance with Purchasing Policy Item 10.04, where written proposals are obtained by the Manager in accordance with procedures set out in Section 06 and funds are available in the approved budget: - 250 - (c) An award over $50,000 is subject to the additional approval of Council. Please include the following items in your Memo/Report to Council: 1. if Items (a) and (b) noted above are acceptable to the Co-ordinator, Health & Safety or designate, if required; 2. if Item (c) is acceptable to the Manager, Budgets & Internal Audit; 3. any past work experience with the highest ranking proponent SGL Planning & Design Inc. including work location; 4. the appropriate account number(s) to which this work is to be charged; 5. the budget amount(s) assigned thereto; 6. Treasurer’s confirmation of funding; 7. related departmental approvals; and 8. related comments specific to the project. Upon receiving Council’s approval, an approved requisition will be required to proceed. Do not disclose any information to enquiries during this time. The Proponents will be advised of the outcome in due course. If you require further information, please feel free to contact me or a member of Supply & Services. KH Attachments (1) RFP2021-9 Page 2 of 2 - 251 - -aft;of Pl(KER]NG Report to Council Report Number: CLK 02-22 Date: April 25, 2022 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Amendments to the Procedure By-law -Ongoing Electronic Participation for Committee and Council Meetings and General Housekeeping Matters -File: A-1440 Recommendation: 1. That Report CLK 02-22, regarding Amendments to the Procedure By-law for Ongoing Electronic Participation for Committee and Council Meetings and General Housekeeping Matters, be received; 2. That the draft By-law, included as Attachment #1 to Report CLK 02-22, be enacted; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicted in this Report. Executive Summary: Due to the COVID-19 Pandemic and the public heath orders that limited social gatherings and required physical distancing, the ability for municipal councils to meet in the traditional, in-person format was prohibited. In order to provide municipalities across Ontario the ability to maintain business continuity, changes to the Municipal Act, 2001, S.O. 2001, c. 25 (the “Act”), were enacted to allow councils to meet electronically for both open and closed meetings. The changes to the Act were first accomplished through Bill 187, the Municipal Emergency Act, 2020, with subsequent amendments occurring through Bill 197, COVID-19 Economic Recovery Act, 2020 to allow electronic meetings on an ongoing basis. The City of Pickering has been successfully conducting Committee and Council Meetings electronically since April 20, 2020. With the recent lifting of Provincial Orders, the Province’s Reopening Plan, and as Ontarians move toward “living with Covid”, Council, Committees, staff, and the public are once again able to attend and participate at Committee/Council Meetings in person. That said, electronic participation has provided increased accessibility to Committee and Council Meetings, and has afforded flexibility and efficiencies for people who may not otherwise have been able to attend meetings in person. The provisions of the Act allow for ongoing electronic participation, and it is recommended that a hybrid electronic meeting approach be adopted on a permanent basis, to allow ongoing electronic participation for members of the public. To give effect to this hybrid model, amendments are required to the City’s Procedure By-law. Certain other general housekeeping amendments to the By-law are also recommended as they are in keeping with current practices. - 252 - CLK 02-22 April 25, 2022 Subject: Amendments to the Procedure By-law Page 2 Financial Implications: There are no financial implications associated with this Report. The technology used to facilitate full or hybrid electronic meetings is already in place in both the Council Chambers and Main Committee Room. Funding for additional refinements to the required technology is included in the Current and Capital Budget. Discussion: Due to the COVID-19 Pandemic, the ability of municipal councils to meet in person was severely impacted. On March 19, 2020, Bill 187, the Municipal Emergency Act, 2020, was enacted to allow municipal councils to include provisions in the Procedure By- law to allow electronic participation during a declared emergency under the Emergency Management and Civil Protection Act , R.S.O. 1990, c. E.9. The legislated changes allowed Members of Council to participate electronically in both open and closed meetings, and to be counted towards quorum. As the Pandemic evolved, and it was necessary to continue the use of electronic participation on an on-going basis, Bill 197, The Covid-19 Economic Recovery Act, 2020, was enacted to provide the ability for municipal councils to meet electronically for both open and closed meetings outside of a declared emergency. The City’s Procedure By-law was amended on three separate occasions during the Pandemic to provide for electronic participation in accordance with the legislated changes enacted by the Province of Ontario. Pickering City Council, its Standing Committees, and its Advisory Boards and Committees have been successfully meeting through remote, electronic participation for the past two years. Electronic participation has proven to be a convenient, accessible way for Council, Committees, and staff to maintain business continuity over the course of the pandemic. It has also proven to be an effective means of public participation through audio connection and through the livestreaming of meetings. As the Province moves forward with its Reopening Ontario Plan, and with the removal of health restrictions and limitations on gatherings, Council and staff, beginning with the April 4, 2022 Standing Committee meetings, met in person for the first time since 2020. This hybrid electronic meeting allowed for members of Council and certain City staff to attend in person, while other City staff and members of the public continued to join the meeting electronically. This was intended to ease back into a “normal” meeting environment with the intent that the public would be permitted back into the Council Chambers as of the May 2, 2022 Standing Committee meetings. This is subject to rising COVID-19 case numbers, and to any further health orders that may be imposed. A. Ongoing Electronic Participation for Members of the Public The pandemic has required all business sectors, including all levels of government, to make adjustments to their daily business activities. Such adjustments have shown that there are different ways of doing business that can be as effective as, or more effective than, pre- pandemic processes. One of the efficiencies that has been experienced, is the ability to hold virtual, or electronic, meetings. This has been realized not only by members of Council and City staff, but also by the City’s Advisory Committees and Boards, and by members of the public. Electronic participation allows the public to participate from the comfort of their homes or workplaces, and alleviates the need for travel to attend meetings in person. For anyone with - 253 - CLK 02-22 April 25, 2022 Subject: Amendments to the Procedure By-law Page 3 a physical disability, electronic participation allows that individual to remain in the comfort of their personal surroundings and still participate in Committee/Council Meetings with the aid of such assistive technology and personal assistance as they require. Members of the Public can observe live meeting proceedings by watching the livestream, or by audio connection should they wish to make a delegation. Given the efficiencies that electronic participation has created, it is recommended that the Procedure By-law be amended to provide for both in-person and electronic delegations for members of the public on an on-going basis, and that individuals be given the choice of how they wish to participate. To give effect to ongoing electronic public participation, amendments are being proposed to the City’s Procedure By-law as outlined in Attachment #1 to this Report. These amendments will provide the public with the option to delegate either in person or through electronic means based on their personal preference. The Delegation Request Form will be revised to provide the available options and the particulars regarding deadlines for registration. Deadlines for members of the public registering to delegate electronically will remain at noon on the business day prior to the meeting. This is due to the level of coordination required for electronic participation. In-person delegations will have until noon on the day of the meeting to register as a delegate. The current provisions of the Procedure By-law state that delegations will be listed in the order in which they are received. It is recommended that this practice continue and that it be noted on the agenda whether the delegate will be participating in person or through electronic means. This information will assist the meeting Chair in calling up delegates during the meeting. B. Pre-Registration for Delegations During the Pandemic, delegates were required to pre-register for all meetings, including statutory public information meetings of the Planning & Development Committee. This was necessary given the level of coordination required to facilitate the electronic delegation process and to relay and confirm the necessary information to have the delegate connected to the electronic meeting. It is recommended, and necessary, that pre-registration continue for anyone wanting to delegate electronically for the same reasons, and provisions have been included in the draft By-law amendments which require pre-registration. In-person delegations for a statutory public meeting are not required to register, but are encouraged to do so. Anyone who has not pre-registered, and attends the public meeting wishing to delegate, will be called upon after all pre-registered delegates, both in-person, or electronic, have been heard. C. Electronic Participation for Members of Council in Extenuating Circumstances The current provisions of the Procedure By-law provide for electronic participation for Members of Council for specific reasons. In the event that an extenuating circumstance should arise, such as the fire that occurred on the domed roof of Council Chamber last year, provisions have been included in the draft By-law to allow the Clerk to arrange for electronic participation for all Members of Council. Other circumstances in which these provisions may be useful are: (i) physical restraints on meeting space, or (ii) restraints on meeting space with the appropriate technology required to livestream and offer hybrid electronic participation. These provisions will ensure that Pickering complies with the open meeting provisions of the Act and the Procedure By-law. Further, these provisions will allow the City to make full use of the communications - 254 - CLK 02-22 April 25, 2022 Subject: Amendments to the Procedure By-law Page 4 technology that has proven so effective over the past two years, so that meetings can continue without interruption should unforeseen circumstances arise. D. Ongoing Electronic Participation for Staff and Consultants Aside from the ability for the public to continue with electronic delegations, provisions have been included in the draft By-law to allow the Clerk to arrange for electronic participation of staff or consultants hired by the City for a particular matter or project. Staff who do not have a report on the agenda, will be able to participate electronically, which will alleviate the number of staff seated around the horseshoe in the Chambers. It is proposed that Consultants, hired by the City, also be permitted to delegate electronically, and that they be permitted to appear on screen during an electronic meeting. This will provide flexibility and reduce travel time and the costs associated with a consultant appearing in person. As noted earlier in this Report, the Delegation Request Form will be revised to include the option of in-person or electronic participation, and Standing Committee and Council agendas will also provide information on the delegation particulars which will be coordinated through the Clerk’s Office. Aside from the proposed amendments pertaining to electronic participation, general housekeeping amendments are also being proposed for the Procedure By-law as they are in keeping with our current practices. The proposed changes are reflected in Attachment #1. Staff recommend that Council approve such changes to enable ongoing electronic participation and to update the Procedure By-law. Attachments: 1. Draft By-law to amend the Procedure By-law to govern the proceedings of Council, any of its Committees, the conduct of its Members and the calling of Meetings. Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Susan Cassel Paul Bigioni City Clerk Director, Corporate Services & City Solicitor SC:sc - 255 - CLK 02-22 April 25, 2022 Subject: Amendments to the Procedure By-law Page 5 Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 256 - Attachment #1 to Report CLK 02-22 The Corporation of the City of Pickering By-law 7926/22 Being a by-law to govern the proceedings of Council, any of its Committees, the conduct of its Members, and the calling of meetings. Whereas, Subsection 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, provides that every municipality shall pass a procedure by-law for governing the calling, place and proceedings of meetings. Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: Index Page 01 Definitions 5 02 Application of this By-law 6 03 Duties 6 Council Mayor/Chair 04 Types of Meetings of Council 8 Inaugural Meeting Regular Council Meetings Special Meetings of Council or a Standing Committee Closed Meetings Standing Committee Meetings Statutory Public Information Meetings Advisory Committees Special or Ad Hoc Committee Appointment of Alternate Member to Upper Tier Council 05 Closed Meeting Rules 11 General Public Information on Closed Meeting Business Information - Confidential Distribution of Confidential Material Limits on Voting Actions at Closed Meeting Attendance at a Closed Meeting Final Decision on Item from Closed Meeting Authority to Speak on Closed Meeting Matters Confidential Report Enquiries regarding Closed Meetings - 257 - By-law 7926/22 Page 2 Contraventions Complaints About the Appropriateness of a Closed Meeting Education & Training Sessions 06 Disclosure of Pecuniary Interest Rules 14 07 Actions regarding a Meeting Notification of Meetings 15 Public Notification Emergency Notification Cancellation/Postponement of Meetings 08 Meetings 15 Place of Meetings Chairing of Meetings Clerk’s Attendance at Meetings Recording of Minutes Committee Meetings - Rules of Procedure Prohibited – Signs, Banners, Emblems, Flags, Cameras, Video Recordings Access to Council Floor Meeting Called to Order Quorum Absence of Chair Agendas and Minutes Consideration of Items Adjournment Hour/All Meetings Motion to Continue Past 12:00 am 09 Electronic Participation during a Declared Emergency 18 10 Conduct at Meetings 20 Members of the Public Members of Council Actions When a Member’s Behaviour is Inappropriate 11 Order of Business 21 The Order of Business for the Regular Meetings of Council Change in Order of Business 12 Presentations 21 13 Delegations 22 Delegations Delegation Time Limit Delegations at a Statutory Public Information Meeting Delegations Requesting Action - 258 - By-law 7926/22 Page 3 Audio Visual Equipment for Delegations Priority of Delegations Conduct of the Delegation Questions to the Delegation 14 Correspondence 25 15 Committee Reports 25 16 New and Unfinished Business 25 Reports of an Urgent Nature Introduction of a Motion 17 Notice of Motion 25 18 By-laws 26 19 Other Business 26 Other Business Notice of Motion Substantive Information Reports 20 Confirmatory By-law 26 21 Adjournment 27 22 Rules of Debate 27 Chair Reads Motion Aloud Requirement to Read Motion Decorum During Debate Recognition of Member Order of Speakers Speaking to a Motion Questioning the Motion Proceedings Decided by Chair Chair’s Decision Final Unless Appealed Appeal of Decision of Chair 23 Common Motions 28 Seconding Withdrawal Priority of Disposition Questions of Privilege and Points of Order Motion to Table 29 - 259 - By-law 7926/22 Page 4 Motion to Divide Referral Motion Motion to Postpone to a Certain Time/Deferral Motion Amendments Motion to Adjourn Reconsideration Motion to Rescind Question Stated No Interruption After Question 24 Voting Requirement to Vote Vote Not Allowed Voting on Amendments Determination of Votes No Secret Voting Decorum While Calling Vote Disagreement with Result of Vote Recorded Vote of Council Vote of the Chair Vote on the Question 31 25 Contingencies 33 26 Suspension of Rules 33 27 Two-Thirds Vote 33 28 Commencement and Administration 33 - 260 - By-law 7926/22 Page 5 01 Definitions a)“Act” - The Municipal Act, 2001, S.O. 2001, c.25, as amended or re- enacted from time to time; b)“Chair” - the person elected or chosen to preside over a Council, Standing Committee or other type of Meeting; c)“Chief Administrative Officer” - City of Pickering; the Chief Administrative Officer of the d)“Clerk” - the City Clerk of the City of Pickering; e)“Closed Meeting” -a Meeting which is not open for public attendance; f)“Committee” - includes Standing Committees, Ad-Hoc Committees and Advisory Committees, which may be appointed by Council from time to time; g)“Council” - the Council of the City of Pickering; h)“Councillor” - the elected representative of a Ward on the Council of the City of Pickering; i)“Delegation” - an address to Council or a Committee by one or more persons who are not mMembers of Council, or City staff, or consultants hired by the City; j)“Acting Deputy Mayor” - The member of Council appointed to act in place of the Mayor under section 242 of the Act; k)“Inaugural Meeting” - the first Meeting of a new Council after a municipal election where the declarations of office are made; l)“Majority” - greater than 50% of the Members present; m)“Mayor” - the Head of Council for the City of Pickering; n)“Meeting” - any regular, special or other Meeting of Council, of a Local Board or of a Committee where a quorum of members is present and the members discuss or otherwise deal with any matter in a way that materially advances the business or decision making of the Council, Local Board or Committee o)“Member” - a member of the Council or Committee; p)“Notice of Motion” - advance notice to Members of a matter on which Council will be asked to take a position; - 261 - By-law 7926/22 Page 6 q)“Pecuniary Interest” - a direct or indirect Pecuniary Interest within the meaning of the Municipal Conflict of Interest Act, RSO 1990, c M.50, as amended; r)“Presentation” - a ceremonial presentation to or from the City of Pickering; s)“Public Consultation Meeting” - a Meeting hosted by staff, committee or Council in order to receive input from the public regarding a specific matter; t)“Recorded Vote” - the making of a written record of the name and the vote of each Member who votes on a question; u)“Regular Meeting” - a scheduled Meeting held in accordance with the approved calendar/schedule of Meetings; v)“Rules of Procedure” - the rules which are set forth in this by-law; w)“Special Meeting” - a Meeting of Council or a Committee that is arranged outside of the normal Meeting schedule to deal with only specific item(s) of business; x)“Standing Committees” – the Executive Committee or the Planning & Development CommitteeMeetings referred to in section 4.5 of this By- law; and, y)“Statutory Public Information Meeting” - a Meeting that is legislated under an Act and hosted by staff, a Standing Committee or Council in order to inform the members of the public about a matter. 02 Application of this By-law The Rules of Procedure contained in this By-law shall be observed in all proceedings of Council and shall be the rules of order of business in Council and Committee. In the case for which provision is not made in this By-law, the procedure to be followed shall be determined by a majority vote of the Members present and voting. 03 Duties 03.01 Council Members of Council shall come prepared to every Meeting by having read all the material supplied, including agendas and staff reports, to facilitate discussion and the determination of action at the Meeting. Whenever possible, the Member(s) shall make inquiries of staff regarding the materials supplied in advance of the Meeting. - 262 - By-law 7926/22 Page 7 03.02 The Mayor or Chair shall: a)Open the Meetings by taking the chair and calling the Members to order. b)Announce the business before Council or the Committee and the order in which it is to be acted upon. c)Receive and submit, in the proper manner, all motions presented by the Members. d)Put to a vote all motions, which are moved, or necessarily arise in the course of the proceedings, and announce the result. e)Enforce the Rules of Procedure and rule upon all procedural matters. f)Restrain the Members, when engaged in debate, within the Rules of Procedure. g)Enforce on all occasions the observance of order and decorum by the Members and any other persons present in the Chamber. h)Call by name, any Member persisting in breach of the Rules of Procedure and to order him/herthem to vacate the Chamber in which the Meeting is being held. i)Where it is not possible to maintain order, the Chair may, without any motion being put, recess or adjourn the Meeting to a time to be named by the Chair. j)Permit questions to be asked through the Chair of any staff in order to provide Members with information to assist any debate when the Chair deems it proper. k)Rule on any points of order or points of privilege without debate or comment. l)Rule whether a motion or proposed amendment is in order. m)Ascertain that all Members who wish to speak on a motion have spoken and that the Members are ready to vote, and shall then put the votecall the question. n)The Chair may speak and/or vote on any question, but if he/shethey wishes to make a motion, he/shethey shall first leave the Chair by designating an Acting Chair to act in their place, until they resume the Chair. - 263 - By-law 7926/22 Page 8 o)Call for a motion to adjourn the Meeting when the business is concluded. 03.03 In accordance with Section 259(1) of the Municipal Act, 2001, the office of a Member becomes vacant if the Member is absent from the Meetings of Council for three successive months without being authorized to do so by a resolution of Council. This section does not apply to a Member who is absent for 20 consecutive weeks or less if the absence is a result of the Member’s pregnancy, the birth of the Member’s child or the adoption of a child by the Member. 03.04 A Member who takes a pregnancy or parental leave shall notify the City Clerk in writing and will continue to be compensated under the Council Compensation Policy for the duration of their leave up to 20 consecutive weeks. 04 Types of Meetings of Council 04.01 Inaugural Meeting a)The inaugural Meeting of Council shall be held on the first Monday after Council takes office pursuant to the Municipal Elections Act. b)The order of business for the first Meeting of Council shall be as follows: i)Call to Order/Roll Call ii)Invocation iii)Indigenous Land Acknowledgment Statement iv)Swearing in ceremony v)Inaugural address vi)Adjournment 04.02 Regular Council Meetings All regular Meetings of the Council shall be held on the fourth Monday of each month at the hour of 7:00 pm unless otherwise provided by resolution of the Council. If a Council Meeting falls on a public or civic holiday, the Council shall meet at the same hour on the next following day, which is not a public or civic holiday, unless otherwise provided by resolution of the Council. 04.03 Special Meetings of Council or a Standing Committee a)In addition to regular Meetings, the Mayor may at any time summon a Special Meeting of Council or a Standing Committee by giving written direction to the Clerk stating the date, time and purpose of the Special Meeting. - 264 - By-law 7926/22 Page 9 b)Upon written receipt of a petition of the majority of the Members of Council, the Clerk shall call a Special Meeting for the purpose and at the time and date mentioned in the petition. c)The Clerk shall give all Members notice of a Special Meeting twenty- four hours before the time appointed for such Meeting. Notice will deem to have been given on the day that the Notice was delivered by electronic mail to the address provided by the Member of Council to the Clerk for delivery of Notices, and in default of provision of such address, to the Member’s City Hall office. d)The notice to be given shall indicate the nature of the business to be considered, as well as the Special Meeting, date, time and place of the Special Meeting. e)No business other than that indicated in the notice shall be considered at the Special Meeting. 04.04 Closed Meetings All Meetings of Council closed to the public will be held prior to the regular start time, unless otherwise provided by resolution of Council, and will only deal with matters that Council is authorized to deal with in a closed session. 04.05 Standing Committee Meetings There shall be a Planning & Development Committee and an Executive Committee, to be considered as Standing Committees of Council for the purposes of this By-law, to be organized as follows: a)The Planning & Development Committee and the Executive Committee shall be comprised of all Members of Council. b)The Executive Committee shall meet on the first Monday of each month at 2:00 pm in the Council Chambers, unless otherwise provided by resolution of the Council. It shall be the duty of the Executive Committee to study and report to Council on matters under the jurisdiction of the Office of the CAO, the Community Services Department, the Corporate Services Department, the Engineering Services Department, Finance Department, the Human Resources Department, and the Fire Services Department, and the Operations Department. c)The Planning & Development Committee shall meet on the first Monday of each month at 7:00 pm in the Council Chambers, unless otherwise provided by resolution of the Council. It shall be the duty of the Planning & Development Committee to study and report to Council on matters under the jurisdiction of the City Development Department. - 265 - By-law 7926/22 Page 10 04.06 Statutory Public Information Meetings a)Public hearings Meetings shall be held at Standing Committee Meetings, as required by applicable legislation, or by Council, or when considered desirable by staff. b)Appropriate advertising shall be undertaken as required by applicable legislation, by-law or according to City policy, to advise interested persons of the subject matter, date and time. 04.07 Advisory Committees a)All Advisory Committees of Council are required to adhere to this Procedureal By-law and the general terms of reference for all advisory committees and at the first Meeting following a general municipal election, are required to adopt and approve the specific terms of reference for the committee and forward to Council for approval by no later than March following a municipal election; b)All advisory committees are required to present a yearly work plan and annual report on the status of the work plan to Council; and c)Members of Council that serve on Advisory Committees may move, second and vote on items. 04.08 Special or Ad Hoc Committee Council may at any time appoint a special or ad hoc Committee to enquire into and report on any matter. When a Special or Ad Hoc Committee has completed its work and made its report to Council, the Committee shall be deemed to be dissolved. 04.09 Appointment of Alternate Member to Upper Tier Council Council may appoint one of its Members as an Alternate Member of the Upper Tier Council to act in place of any Regional Councillor when they are unable to attend a meeting of the Upper Tier Council for any reason, subject to the following limitations: a)No more than one Alternate Member may be appointed during the term of Council; b)Notwithstanding Section 04.09(a), if the seat of the appointed Alternate member becomes vacant, Council may appoint another of its members as an Alternate Member for the remainder of the term of Council; c)Council may not appoint an alternate for the Alternate Member; and - 266 - By-law 7926/22 Page 11 d)When acting in their capacity as an Alternate Member on the Upper Tier Council, the Alternate Member shall adhere to all policies, procedures, practices, and codes of conduct established by the Upper Tier Council. 05 Closed Meeting Rules 05.01 General A Meeting or part of a Meeting may be closed to the public if the subject matter being considered is: a)the security of the property of the municipality or local board; b)personal matters about an identifiable individual, including municipal or local board employees; c)a proposed or pending acquisition or disposition of land by the municipality or local board; d)labour relations or employee negotiations; e)litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; f)advice that is subject to solicitor-client privilege, including communications necessary for that purpose; g)a matter in respect of which council, board, committee or other body may hold a closed meeting under another Act; h)information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them; i)a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; j)a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or k)a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. - 267 - By-law 7926/22 Page 12 05.02 Public Information on Closed Meeting Business a)Before holding a Closed Meeting or part of a Meeting that is to be closed to the public, Council or a Committee must state the fact of the holding of the closed Meeting, and the general nature of the matter to be considered at the closed Meeting and, if the Closed Meeting is an educational or training session the fact that it is closed pursuant to section 239(3.1) of the Act. b)If a Member of Council wishes to introduce new business at a Closed Meeting, it must be introduced in open session after roll call while Council is still in the Chambers. Two-thirds of Council must determine, by vote, whether the matter will be dealt with in closed session that evening. No debate on the issue will take place until the motion to deal with the new business has been decided. 05.03 Information - Confidential All information, documentation or deliberations received, reviewed, or taken in a Closed Meeting, including the detailed agenda, is confidential and must not be released to the public or any individual not entitled to be present at the Closed Meetings. 05.04 Distribution of Confidential Material The Clerk must distribute all confidential reports and material for Closed Meetings in sealed envelopes that are marked with each Member’s name. Confidential materials that must not be emailed to Members or staff shall be password protected and such password provided by way of a separate means of communication. 05.05 Limits on Voting Actions at Closed Meeting No voting may take place during a Closed Meeting except if the vote is for a procedural matter or for giving direction or instructions to officers, employees or agents of the City, or persons retained by or under contract with the City. 05.06 Attendance at a Closed Meeting Members can only attend a Closed Meeting in person. 05.06 Final Decision on Item from Closed Meeting Subject to the provisions of Section 239 of the Act, a Closed Meeting agenda item that requires a final decision must be implemented by Council resolution or By-law at a future public Meeting of Council. - 268 - By-law 7926/22 Page 13 05.07 Authority to Speak on Closed Meeting Matters When a decision is made by Council to relay information to the public regarding a Closed Meeting item, the Mayor or the Mayor’s delegate will release the information. 05.08 Confidential Report When a Closed Meeting of Council has been held, a public report of the general nature of the subject matter discussed during the closed portion of the Meeting, shall be read aloud by the Chair when Council rises to the public portion of the Meeting. the Public Agenda of the Closed Meeting shall be available at the first Regular Council meeting following the Closed Meeting. 05.09 Enquiries regarding Closed Meetings The response of Members to inquiries about any matter dealt with by Council or a Committee at a Closed Meeting, prior to it being reported publicly, must be “no comment”, or words to that effect. No member is allowed to release or make public any information considered at a Closed Meeting or discuss the contents of such a Meeting with anyone other than Members or staff who were present at the Closed Meeting. 05.10 Contraventions a)Any Member who contravenes section 05.07 or section 05.09 is guilty of an offence and upon conviction may be liable to a fine or penalty as provided for in the Provincial Offences Act. b)A decision to prosecute a Member under this section may only be made after Council has met to consider the matter, at which time the Member proposed to be prosecuted may be present and has the option of attending with legal counsel. The said Member has the option of requesting that the Meeting be held in public or that it be closed to the public. c)No prosecution for a contravention of section 05.07 or section 05.09 may be commenced except on the direction of Council, expressed in a resolution of Council. 05.11 Complaints about the Appropriateness of a Closed Meeting A person may request that an investigation of whether a municipality or local board has complied with Section 239 of the Act, or a procedure by-law, in respect to a Closed Meeting or part of a Closed Meeting, by contacting will be undertaken by the Ombudsman appointed under the Ombudsman Act, if the municipality has not appointed an closed meeting investigator. Any complaints made in relation to the appropriateness of a Closed Meeting under section 239.1 of the Act must be in writing pursuant to section 239.2 of - 269 - By-law 7926/22 Page 14 the Act and directed to the Clerk who will forward to the Investigator appointed by Council to review complaints. All complaints are confidential and forwarded directly to the investigator to be dealt with as required by section 239.2 of the Act 05.12 Education & Training Sessions a)The Council, in deciding to convene an Education & Training Session, shall designate the general purpose or purposes for which the session is to be held as permissible under Section 239 of the Municipal Act, 2001. b)Notice of the Education & Training Session shall be given in accordance with Section 07. c)At the Meeting, no member shall discuss or otherwise deal with any matter in a way that materially advances the business or decision- making of the Council. d)The Clerk shall take notes describing in general terms each subject matter dealt with at an Education & Training Session. 06 Disclosure of Pecuniary Interest Rules 06.01 Actions regarding a meeting Where a Member has a pecuniary interest as defined in the Municipal Conflict of Interest Act, the Member shall prior to any consideration of the matter at the Meeting, disclose the interest and the general nature thereof. The Member shall not take part in the discussion of, or vote on any question in respect of the matter and shall not attempt in any way whether before, during, or after the Meeting to influence the voting on any such question. Members shall not request the Clerk or other Staff members to provide advice or comment on whether a Member has a pecuniary interest. 06.02 Where the Meeting is not open to the public, in addition to declaring the conflict, the member shall leave the Meeting or the part of the Meeting during which the matter is under consideration. 06.03 Notwithstanding Section 06.02, if the matter under consideration pertains to whether to suspend the remuneration paid to the Member under subsection 223.4(5) or (6) of the Act, the Member may take part in the discussion of the matter, including making submissions to Council or the local board, as the case may be, and may attempt to influence the voting on any question in respect of the matter, whether before, during or after the Meeting. However, the member is not permitted to vote on any question in respect of the matter. In the case of a Meeting that is not open to the public, the member may attend the Meeting or part of the Meeting during which this matter is under consideration. - 270 - By-law 7926/22 Page 15 06.04 Where a member is absent from a Meeting which includes a matter on which they have a pecuniary interest, the Member shall disclose the interest at the next Meeting attended by the Member. 06.05 The Clerk shall record any declarations of interest made by a Member in the Meeting minutes, noting the matter and the general nature of the declaration. 06.06 Any verbal declarations made under Section 06.01 of this By-law shall also be submitted in writing to the Clerk using the prescribed form and shall be made available in the office of the Clerk through a Disclosure of Interest Registry. 07 Notification of Meetings 07.01 Public Notification Public notification shall be deemed to have been given by the posting of the Council or Committee agenda on the City website and available for public review in the Office of the City Clerk as follows: a)Committee Meetings – by 4:00 pm on the Friday, 10 days prior to the Meeting date. b)Council Meetings – by 4:00 pm on the Friday preceding the Council Meeting. c)Special Meetings – at least twenty-four hours preceding the Meeting. d)Closed Meetings – at least twenty-four hours preceding the Meeting 07.02 Emergency Notification Emergency Meetings may be held, without written notice, to deal with issues that may urgently affect the health or safety of residents. The Clerk shall attempt to notify the public of emergency Meetings as soon as possible and in the most expedient manner available. 07.03 Cancellation/Postponement of Meetings Any Meeting may be cancelled or rescheduled to a day, time, and place, set out in a written notice from the Clerk, sent to each Member at least twenty-four (24)hours before the scheduled date of the Meeting. Upon notice of a Meeting cancellation, the Clerk shall attempt to notify the public as soon as possible and in the most expedient manner available. 08 Meetings 08.01 Place of Meetings All regular Meetings of the Council and Standing Committees meetings shall be held in the Council Chambers at the City of Pickering Civic Complex, One - 271 - Page 16 The Esplanade, Pickering, Ontario, unless otherwise decided by resolution of Council. 08.02 Chairing of Meetings a)Every Council Meeting shall be chaired by the Mayor, if present; b)The Chair of the Standing Committees shall be rotated each Meeting amongst the Members of Council, in alphabetical order by last name. 08.03 Clerk’s Attendance at Meetings The City Clerk or Clerk’s designate, shall be present at all Meetings of Council; however, he/shethey may delegate some a member of staff to act in his/hertheir stead at a Standing Committee Meeting. 08.04 Recording of Minutes a)The Clerk shall record without note or comment all resolutions, decisions and other proceedings at a Meeting, whether it be closed to the public or not; b)The record required by the Act in respect of a Meeting, shall be made by: i)The Clerk, in the case of a Meeting of Council; or ii)The appropriate officer, in the case of a Meeting of a Committee. 08.05 Committee Meetings - Rules of Procedure The rules of procedure set out in this By-law shall be observed in Meetings of the Committees insofar as they are applicable, provided that: a)A report, setting out the recommendations of any Committee, shall be forwarded to the first regular Council Meeting following the Meeting of the Committee. 08.06 Prohibited – Signs, Banners, Emblems, Flags, Cameras, Video Recordings To ensure that all members of the public are comfortable participating in Meetings: a)Signs, banners, emblems, flags, cameras, audio and video recordings by the public are prohibited in the Chambers except by permission of the Chair; By-law 7926/22 - 272 - Page 17 b)Notwithstanding the foregoing, the provisions of section 08.06 shall not apply to City Staff, Rogers Cable or any other media, broadcasting or webstreaming service provider permitted by Council. 08.07 Access to Council Floor No person except members of Council, the Clerk, and officials authorized by the Clerk: a)Shall be allowed on the floor of the place a Meeting is being held while Council or a Committee is sitting; b)Material to be distributed to Council during a Meeting can only be distributed by the Clerk or the Clerk’s designate. 08.08 Meeting Called to Order The Chair, as soon after the hour is fixed for the holding of the Meeting of the Council, and if a quorum is present, shall take the Chair and call the Meeting to order. 08.09 Quorum a)If a quorum is not present one-half hour after the time appointed for a Meeting of the Council and/or Committee, the Clerk shall record the names of the Members present and the Meeting shall stand adjourned until the next Meeting. b)A majority of the Members elected to the Council shall constitute a quorum. 08.10 Absence of Chair a)Council Meetings - If the Mayor does not attend within fifteen minutes after the hour is fixed for the holding of the Meeting of the Council and if a quorum is present, an Actingthe Deputy Mayor who has been appointed to this position in accordance with Policy ADM 045, by a resolution of Council shall preside over the Meeting and have the same authority to chair the Meeting as the Mayor would have had, if present. b)When the Mayor and Acting Deputy Mayor are absent or refuse to act, the Council may by resolution appoint one of its Members to act in the place and stead of the Mayor and Acting Deputy Mayor, and such Member shall have the same authority to chair the Meeting as the Mayor. c)Standing Committee Meetings – If the Chair does not attend within fifteen minutes after the hour is fixed for the holding of the Meeting of By-law 7926/22 - 273 - Page 18 the Committee and if a quorum is present, the Council Member who is next in alphabetical order to Chair will assume the position of Chair. 08.11 Agendas and Minutes The agendas, minutes and any written notices pertaining to any Standing Committee and Council Meeting shall be sent to all Members of Council. 08.12 Consideration of Items Council may consider any matter without referring it to a Committee or may refer it to a Committee or to any number of Committees, and may withdraw a matter from a Committee at any time. 08.13 Adjournment Hour/All Meetings All regular Meetings shall stand adjourned when all business has been completed as listed on the Order of Business or at the hour of 12:00 am. 08.14 Motion to Continue Past 12:00 am a)In the event the business before Council has not been completed at the hour of 12:00 am, then Council may, by a majority vote of all the Members present, approve an extension of the Meeting to the hour of 1:00 am. b)At 1:00 am, any unfinished business shall be deferred to the next regular Meeting of Council, unless a resolution of Council is made to reconvene the Council Meeting to another day and time prior to the next regular Meeting of Council. A resolution to reconvene to another day and time requires a majority vote. If a resolution of Council to reconvene the Council Meeting to another day prior to the next regular Meeting is adopted, the Meeting must be rescheduled not sooner than 48 hours after the original Meeting in order to provide Council, staff and interested parties an opportunity to make arrangements to attend the rescheduled Meeting. c)Motions to continue past 12:00 am are not debatable. 09 Electronic Participation during a Declared Emergency 09.01 A Member of Council may participate electronically in a Meeting that is either open or closed to the public should they be unable to participate in person for medical reasons, illness or in the event of a situation or pandemic in which physical distancing, limited gatherings or quarantine measures are required by local, provincial or federal public health agencies, and in doing so may be counted in determining whether or not a quorum of members is present at any point in time and shall have all the rights of any other Member who is participating in person. By-law 7926/22 - 274 - --- Page 19 09.02 A Member of a local board, task force, or an advisory or ad-hoc committee, may participate electronically in a Meeting that is either open or closed to the public and in doing so may be counted in determining whether or not a quorum of members is present at any point in time and shall have all the rights of any other Member who is participating in person. 09.03 The City Clerk may provide for electronic participation of staff at any Meeting, including the City Clerk. The Clerk may also provide for electronic participation for consultants or anyone who has been hired by the City to provide services or expertise on a particular matter or project. Such electronic participation is not limited to an audio connection and consultants may be provided with a link to appear on screen during an electronic Meeting. 09.04 Notwithstanding the provisions of Section 09.01, the City Clerk may provide for electronic participation for all Members of Council should the appropriate meeting space containing the required technology (including the necessary components to operate the livestreaming of the proceedings) not be available for any reason, in order to comply with the open Meeting rules under the Act. 09.045 Electronic Meetings are those held by means of telecommunication instruments including but not limited to telephones, video conferencing, computers with internet access and conferencing platforms and programs. The means used to facilitate an electronic Meeting shall be determined by the City Clerk. 09.056 A Member must provide sufficient notice to the City Clerk, their designate, or the Staff Liaison of a Committee, of their intent to participate electronically in a Meeting to ensure the proper technology is enabled to make electronic participation possible. The Member must give at least 48 hours’ notice of their intent to join the Meeting electronically unless extraordinary circumstances apply. 09.067 A member of the public may delegate via electronic participation due to a situation or pandemic in which physical distancing, limited gatherings or quarantine measures are required by local, provincial or federal public health agencies. 09.07 and Tthe City Clerk shall arrange for such delegations. Members of the public who wish to make a verbal delegation to a Standing Committee or Council via electronic participation shall register with the City Clerk by noon on the business day prior to the Meeting for items listed on an agenda and ten (10) days in advance of the Meeting date for items not listed on an agenda. Delegates shall provide a phone number to be connected into the Meeting via audio. Delegations who have not registered by the deadline will not be permitted to delegate. The Clerk may require any delegation to participate electronically in the event of any situation (including a pandemic) in which physical distancing, limited gatherings or quarantine measures are required by By-law 7926/22 - 275 - Page 20 local, Provincial or Federal public health agencies, or for the reasons outlined in Section 09.04. 09.08 Members of the public may also submit written comments in addition to, or in lieu of, a verbal delegation, by noon on the business day prior to the Meeting. 09.098 Subject to these provisions for electronic participation, all other provisions of the Procedure By-law continue to apply and the Chair shall determine and maintain order as needed. 10 Conduct at Meetings 10.01 Members of the Public The Chair will ensure that members of the Public shall be respectful of Council, staff, delegations and all attendees at the Meeting by not heckling, speaking disruptively while debate is in progress, making comments or applauding. 10.02 Members of Council Members of Council shall: a)act in accordance with their declared Oath of Elected Appointed OfficialsOffice; b)treat the Chair, other Members, staff and delegates from the public with courtesy, respect and good faith; c)hold in strict confidence all information concerning matters dealt with in Closed Meetings. d)not speak disrespectfully of the Reigning Sovereign, or of any of member of the Royal Family, or of the governor-general, the Lieutenant-Governor of any Province, of any member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario; e)not use offensive words or unparliamentarily language in or against Council or against any Member; f)not speak on any subject other than the motion being debated; g)not criticize any decision of Council except for the purpose of moving a motion to reconsider a previous decision of Council. 10.03 Actions When a Member’s Behaviour is Inappropriate By-law 7926/22 - 276 - Page 21 The Chair may Call the Member to Order and take one or more of the following actions: a)decide that there was no breach of the rule; b)ask the Member in breach of the rules to stop the behaviour; c)ask the Member to withdraw what was said; or d)ask the Member to apologize. 10.04 If previous attempts to call the Member to order have failed, the Chair may decide, not to recognize the Member, for the balance of that Meeting, in which case the Member shall not speak or vote for the remainder of that Meeting. 11 Order of Business 11.01 The Order of Business for the Regular Meetings of Council shall be as follows: a)Meeting Called To Order/Roll Call b)Invocation c)Indigenous Land Acknowledgment Statement d)Disclosures of Interest e)Adoption of Minutes f)Presentations g)Delegations h)Correspondence i)Committee Reports j)New and Unfinished Business k)Motions and Notices of Motion l)By-laws m)Confidential Council n)Other Business o)Confirmation By-law p)Adjournment. 11.02 Change in Order of Business All business shall be taken up in the order in which it appears on the agenda unless otherwise decided by a vote of the majority of the Members present and voting. 12 Presentations 12.01 Presentations By-law 7926/22 - 277 - Page 22 a)Charities, organizations or individuals wishing to address Council to inform Members of special events or achievements, to seek Council’s recognition of an event or achievement or to make a presentation to Council shall request the opportunity to be granted presentation status. b)It shall be the duty of the Mayor to make presentations and to accept presentations, on behalf of Council, at Meetings of Council. Where a presentation is made or accepted from an organization on which a Member of Council has been appointed to sit, the presentation shall be jointly made or accepted with the appointed Member of Council. Where otherwise appropriate, presentations may be made or accepted jointly with another Member or Members of Council. c)The request for presentation status shall be submitted to the Clerk, in writing, no later than 14 days preceding the Meeting at which the Presentation is to be made. 13 Delegations 13.01 Delegations a)Delegations are encouraged to appear before the Standing Committee having charge of the matter which is the subject of the delegation. b)Delegations that have appeared at a Standing Committee regarding a particular matter and wish to relay additional and/or new information about that matter at Council may do so. c)All in-person delegations, for items listed on an agenda, shall register in writing with the City Clerk by 12:00 noon on the Meeting date. d)All electronic delegations, for item listed on an agenda, shall register in writing with the City Clerk by 12:00 noon on the business day prior to the Meeting date. d)e)All delegations for items not listed on an agenda shall register ten (10) days prior to the Meeting date. e)f)Delegations that have not registered in writing by the timelines noted in 12.1(c) and 12.1(d)above shall only be heard at a Meeting if permitted by a two-thirds majority vote of Members present at the Meeting. f)g) Members of the public may also submit written comments in addition to, or in lieu of, a verbal delegation, by noon on the business day prior to the Meeting and such written comments shall be provided to all Members of Council prior to the Meeting.Delegations are encouraged to submit a written brief and, if the brief is submitted to the Clerk by By-law 7926/22 - 278 - Page 23 12:00 noon on the Friday preceding the Meeting, it shall be copied and distributed as “Delegation” submissions to Members. g)h)A delegation appearing before Council or Committee for items not listed on an agenda shall not be placed on an Agenda to discuss the same matter within six (6) months of the last appearance by the same delegate, unless otherwise approved by Council. 13.02 Delegation Time Limit a)A maximum of 10 minutes shall be allotted for each delegation to present his/her/their position at a Meeting. b)A delegation will not be permitted to take any unused time allocated to another delegation. 13.03 Delegations at a Statutory Public Information Meeting Delegations for Statutory Public Information Meetings, who are participating electronically in accordance with Section 09 of this By-law, must register with the City Clerk by noon the business day prior to the Meeting. Delegations appearing in person for statutory public Meetings are encouraged to register with the City Clerk by noon on the day of the Meeting. Delegations will be permitted from the gallery without prior registration only during the Statutory Public Information Meeting portion of a Meeting held under the provisions of the Planning Act, or prior to the adoption of certain by-laws at a Council Meeting, if required to comply with applicable lawsbut shall be heard after all delegations, either electronically or in-person, who have pre-registered with the City Clerk by the deadlines outlined in this By-law. Delegations are not required to register for a Statutory Public Information Meeting but are encouraged to do so in order to facilitate the efficient conduct of the Meeting. 13.04 Delegations Requesting Action Delegations which appear at a Meeting and request that action be taken by the Council shall, if required by a majority of the Members present at the Meeting, be referred to City staff for a report that shall be dealt with at a future Meeting of Council. 13.05 Audio Visual Equipment for Delegations The City’s audio visual equipment may be used to assist in presentations by Delegations, provided that permission has been obtained for use of such equipment from the City Clerk at least 5 working days prior to the Meeting date. All presentation materials must be delivered to the Clerk by 12:00 noon on the Friday before the Meeting at which the Delegation is to appear. By-law 7926/22 - 279 - Page 24 13.06 Priority of Delegations Delegations shall be listed in the agenda in the order in which the Clerk received the requests. For Statutory Public Information Meetings, It being understood that where more than one person wishes to make a presentationdelegation, on a particular matter, the proponent or his or hertheir authorized representative, will be listed last in order to afford the proponent the opportunity of making a presentation delegation after all other interested persons have done so. 13.07 Conduct of the Delegation a)The Chair may curtail any Delegation and any questions to a Delegation for disorder or any other breach of this by-law and, if the Chair rules that the Delegation is concluded, the person or persons appearing shall end the delegation. b)Delegations shall not: i)speak disrespectfully of any person; ii)use offensive words; iii)speak on any subject other than the subject for which they have received approval to address Committee or Council; iv)disobey a decision of the Chair or Committee or Council; v)debate with other Delegations, City staff, Council Members or the Chair. 13.08 Questions to the Delegation a)Upon the completion of a presentation delegation to Committee or Council by a delegation, any discussion between Members and the Delegation shall be limited to Members asking questions for clarification and obtaining additional, relevant information only. b)All questions to a Delegation from Members shall be stated succinctly. Members shall not question a Delegation for the purpose of expanding the scope of the Delegation’s remarks or for adding the Member’s own statements through the delegation. Delegations are an opportunity for Delegates, not Members, to make their views known. For example, questions from Members such as “are you aware”, “do you agree” or “wouldn’t you say” shall not be permitted as they do not seek clarification or additional relevant information. Members shall not enter into debate with Delegations. Questions to the Delegation shall be presented in a courteous and non- argumentative manner. c)Once a motion has been moved and seconded, no further representation or questions of the Delegation shall be permitted. By-law 7926/22 - 280 - Page 25 14 Correspondence 14.01 All correspondence intended to be presented to Council through the Council agenda shall be legibly written or printed, shall not contain any impertinent or improper matter or language and, shall be signed by at least one person and shall be filed with the Clerk by no later than 12:00 noon on the Wednesday before the Meeting of Council. 14.02 The Clerk shall prepare a summary of the substance of all correspondence for inclusion in the agenda. 15 Committee Reports 15.01 Standing Committee reports that are to be adopted by Council shall be forwarded to the first regular Council Meeting following the Meeting of the Standing Committee and shall be listed under the Committee Reports section of the agenda. 16 New and Unfinished Business 16.01 Reports of an Urgent Nature Departmental reports which are deemed by the Chief Administrative Officer to be of an urgent nature and which have not been considered by a Standing Committee shall be listed under the New and Unfinished Business section of the agenda for Council’s consideration. 16.02 Introduction of a Motion a)A Member may, with the consent of two-thirds of the Members present, introduce a motion under New and Unfinished Business if the motion cannot, due to its urgent nature, be properly presented at a Meeting in accordance with Section 17 of this By-law. b)A Member desiring to introduce a main motion must do so in writing to the Clerk. 17 Notice of Motion 17.01 A Member desiring to introduce a notice of motion must do so in writing at any Meeting, at least 10 days prior to the Meeting at which the motion will be dealt with. Introduction of notices of motion must be done as “Other Business”. 17.02 In order to be listed in the agenda, a copy of the motion being considered by Council, must be forwarded to the Clerk, signed by the mover and seconder, no later than 12:00 pm on the Wednesday prior to the Council Meeting at which the motion will be dealt with. By-law 7926/22 - 281 - Page 26 17.03 The Clerk, upon receipt of a notice of motion in accordance with this Section a) and b), shall print the motion in full in the agenda for the Council Meeting at which it is to be dealt with. 17.04 A notice of motion that has been introduced but does not appear on the agenda within two Council Meetings shall be removed from the list of upcoming agenda items, unless otherwise directed by Council. 18 By-laws 18.01 All by-laws shall be passed in a single motion, unless a Member wishes to discuss the contents of a particular by-law or by-laws, in which case the subject by-law(s) shall be removed from the motion and dealt with separately. 18.02 Every by-law, when introduced, shall be in typewritten form, shall be complete except for the by-law date and number and shall contain no blanks except such as may be required to conform to accepted procedure or to comply with the provisions of any Act. 18.03 Every by-law which has been passed by the Council shall be numbered, dated, sealed with the seal of the Corporation, signed by the Mayor and the Clerk and deposited by the Clerk in his/hertheir office for safekeeping. 19 Other Business 19.01 Other Business At any Meeting under Other Business, Members may congratulate, report on events and promote upcoming events of public importance or interest. 19.02 Notice of Motion A Member who wishes to give notice of a motion to be brought forward for future Council consideration shall do so in writing under “Other Business”. 19.03 Substantive Information Reports All Members’ requests for substantive information or reports from staff shall require the approval of a majority of Members present at a Meeting. Such requests shall identify the appropriate Department and/or Director and the objective(s) of the report. 20 Confirmatory By-law 20.01 At the conclusion of all Regular and Special Meetings of Council, and prior to adjournment, a By-law shall be brought forward to confirm the actions of the Council in respect of all motions, resolutions and other actions taken subsequent to the last Regular Council Meeting. A Confirmatory By-law, when By-law 7926/22 - 282 - Page 27 introduced, shall be taken as having been read and shall be voted on without debate. 21 Adjournment 21.01 The Council may adjourn upon a motion approved by the majority of Members present. 22 Rules of Debate 22.01 Chair Reads Motion Aloud To begin debate, the Chair reads the motion aloud. 22.02 Requirement to Read Motion Any Member may require a motion under discussion to be read at any time during the debate but not so as to interrupt a Member while speaking. 22.03 Decorum During Debate During debate, and while the Chair is speaking, or when the Council is engaged in voting, no Member is permitted to disturb the Council by whispering, or walking across the floor, or in any other way except to raise a point of order. 22.04 Recognition of Member Every Member shall raise his/hertheir hand and be recognized by the Chair prior to speaking to any matter or motion. 22.05 Order of Speakers When two or more Members raise their hands to speak, the Chair shall designate the Member who has the floor who shall be the Member who, in the opinion of the Chair, raised his/hertheir hand first. 22.06 Speaking to a Motion A maximum of 10 minutes shall be allotted to each member wishing to speak to present theirhis/her position on the motion. No Member shall speak more than once to the same motion except: a)with leave of the Chair, for not more than 5 additional minutes, in explanation of a material part of their speech which may have been interpreted incorrectly; b)with leave of the Chair, for not more than 5 additional minutes, after all other Members so desiring have spoken; or By-law 7926/22 - 283 - Page 28 c)in reply, as may be allowed with leave of the Chair, by the Member who presented the motion, in which case the Member shall speak for no longer than a 5 minute period. 22.07 Questioning the Motion a)A Member may ask a question during the course of debate only for the purpose of obtaining information relating to the motion under discussion and such question must be stated concisely and asked only through the Chair. b)Notwithstanding the above, when a Member has been recognized as the next speaker, such Member may immediately before speaking ask a question through the Chair on the motion under discussion, but only for the purpose of obtaining information, following which the Member shall speak. 22.08 Proceedings Decided by Chair In all other proceedings of Council, the matter shall be decided by the Chair, subject to an appeal to Council on a point of order. 22.09 Chair’s Decision Final Unless Appealed Unless a Member immediately appeals to the Council the Chair’s decision, the decision of the Chair shall be final. 22.10 Appeal of Decision of Chair If the Member appeals to Council, it shall be done by a duly moved and seconded motion, and Council shall decide the question without debate and the decision shall be final. The question to Council would be “Do you support the Chair’s ruling, “Yes” or “No”. A tie vote sustains the decision of the Chair. 23 Common Motions 23.01 Seconding A motion must be formally seconded before the Chair can put the question or for it to be recorded in the Minutes. 23.02 Withdrawal The mover and seconder may withdraw a motion or a notice of motion at any time prior to it being read and, in such event, the motion shall not be included in the minutes of the Meeting. By-law 7926/22 - 284 - Page 29 After a motion has been read or stated by the Chair, it shall be deemed to be in possession of Council, but may, with the permission of Council, be withdrawn at any time before decision or amendment. 23.03 Priority of Disposition A motion, properly before Council for decision, must be disposed of before any other motion or matter can be introduced, with the exception of any one of the following: a)a point of order or personal privilege b)to table c)to divide d)that the question be now put e)to refer f)to defer g)to amend h)to suspend any section of the Rules of Procedure i)to recess j)to adjourn. 23.04 Questions of Privilege and Points of Order The Chair shall preserve order and decide points of order and questions of privilege. When a Member has a point of order or question of privilege, it shall be considered and decided immediately. The Member shall ask leave of the Chair to rise for the purpose of drawing attention to the matter. If leave is granted by the Chair, the Member must state his/hertheir point to the Chair as succinctly as possible and await the decision of the Chair. Once the Chair has made a decision the business of Council shall resume at the point where it was suspended. 23.05 Motion to Table A motion to table temporarily sets aside a pending motion (or a series of pending motions) to consider another matter deemed more urgent. A Member shall not be allowed to speak to a motion and immediately move a tabling motion. If a motion is not taken from the table by the next regular Meeting of Council, the motion dies. 23.06 Motion to Divide A motion containing distinct proposals may be divided and a separate vote shall be taken upon each proposal contained in a motion if decided upon by a majority vote of the Members present and voting. By-law 7926/22 - 285 - Page 30 23.07 Referral Motion A motion to refer a motion or matter to a Committee or to City staff with instructions is debatable and amendable but, shall be disposed of by Council before the original motion or any other motion pertaining to the original motion. A member who moves a motion to refer shall also include in the motion: i)The name of the committee, body or official to whom the motion or amendment is to be referred; ii)The terms upon which it is to be referred; and iii)The date or period, if any, within which the matter is to be returned. 23.08 Motion to Postpone to a Certain Time/Deferral Motion A motion to defer a matter to a different time must include time, place, and the purpose of the deferral, if applicable, and shall be in order after a motion is read or stated by the Chair and debate shall be confined to the time and place to which the matter shall be deferred. 23.09 Amendments a)A motion to amend: i)shall be presented in writing if requested by the Chair; ii)shall be relevant to the original motion; iii)shall be disposed of by Council before the original motion; and iv)shall not be received if it proposes a direct negative to the original motion. b)a motion to amend an amending motion shall be disposed of by Council before the motion to amend the original motion; c)only one motion to amend an amendment to the original motion shall be allowed and any further amendment must be to the original motion; 23.10 Motion to Adjourn a)Is not debatable or amendable; b)Is always in order except when a member is speaking or during a vote; c)If carried, requires that the Meeting be immediately halted, regardless of the stage of proceedings; By-law 7926/22 - 286 - --- Page 31 d)If not carried, no new motion to adjourn may be made again until after some intermediate proceedings shall have been completed by Council. 23.11 Reconsideration After a matter has been decided, and if no action on the decided matter has been taken that cannot be undone, any Member who voted in the majority may move for reconsideration at the same Meeting, or may give notice of a motion for reconsideration of the matter at a subsequent Meeting. No discussion of the original motion shall be allowed until the motion for reconsideration has carried. A reconsideration motion requires a two-thirds vote of the Members present. No matter shall be reconsidered more than once within 12 months. 23.12 Motion to Rescind A motion to rescind a previous resolution of Council requires a majority vote of the Council at a Council Meeting provided that notice has been given at the previous Meeting or in the call of the Meeting and if notice has not been given, a motion to rescind requires a two-thirds vote of the Members present and voting. 23.13 Question Stated Immediately preceding a vote, the Chair may state the motion in the form introduced and shall do so if requested by a Member. The motion shall be stated in the precise form in which it will be recorded in the Minutes. 23.14 No Interruption After Question After the Chair has called the vote on a motion, no Member shall speak to the motion, nor shall any other motion be presented until, after the vote and the result has been declared. 24 Voting 24.01 Requirement to Vote All members present and seated must vote. If a Member is present and does not vote he/shethey isare deemed to have voted in the negative. 24.02 Vote Not Allowed A Member not in their seat when the question is called by the Chair is not entitled to vote on that question. 24.03 Voting on Amendments By-law 7926/22 - 287 - Page 32 Amendments are voted upon before the main motion and if there are numerous amendments, the Chair may place them in the most logical, practical and expeditious order for consideration. 24.04 Determination of Votes The manner of determining the decision of Council on a motion shall be by the prominent show of hands. 24.05 No Secret Voting No vote may be taken by ballot or any other method of secret voting. 24.06 Decorum While Calling Vote When the Chair calls for the vote on a motion, each Member shall occupy their seat, and shall remain in their seat, until the result of the vote has been declared by the Chair, and during such time no Member shall cross the floor or speak to any other Member or make any noise or disturbance. 24.07 Disagreement with Result of Vote If a Member disagrees with the announcement of the Chair that a motion is carried or defeated, the Member may, but only immediately after the declaration by the Chair, object to the declaration and a recorded vote shall be taken. 24.08 Recorded Vote of Council Where a vote of Council is taken for any purpose, and a Member may requests, immediately prior or immediately subsequent to the taking of the vote, that the vote be recorded. Each Member present, beginning with the requester of the recorded vote, and continuing alphabetically from that member onward, except a Member who is disqualified from voting by reason of interest or otherwise, shall announce their vote openly and the Clerk shall record each vote. The Mayor shall be called upon to vote following all other Members. 24.09 Vote of the Chair The Chair, except when disqualified to vote by reason of interest or otherwise, may vote with the other Members on all questions. 24.10 Vote on the Question A motion that a vote on the question be now taken: a)cannot be amended or debated; By-law 7926/22 - 288 - Page 33 b)cannot be proposed when there is an amending motion under consideration except for the purpose of moving that the amending motion be put; c)when resolved in the affirmative, shall be followed immediately by the original motion which shall be put forward without debate or amendment; d)can only be moved in the following words: "That the question be now put" or "Call the question"; and e)requires a two-thirds vote of the Members present. 25 Contingencies 25.01 In all contingencies not provided for in this By-law, the question shall be decided by the Chair and in making such a ruling, the decision shall be based on Robert’s Rules of Order. 26 Suspension of Rules 26.01 Any procedure required by this By-law may be suspended with consent of not less than two-thirds of the Members present. 27 Two-Thirds Vote 27.01 A two-thirds vote shall be deemed to have been accomplished with the following voting in the affirmative: five of seven Members four of six Members three four of five Members three of four Members 28 Commencement and Administration 28.01 This by-law shall be administered by the Clerk. 28.02 By-law 7665/18, By-law 7678/19, By-law 7685/19, By-law 7749/20, By-law 7753/20, By-law 7771/20, and By-law 7781/20 are hereby repealed. 28.03 The short title of this by-law is the “Procedure By-law”. By-law passed this 25th day of April, 2022. By-law 7926/22 - 289 - By-law 7926/22 Page 34 ________________________________ David Ryan, Mayor ________________________________ Susan Cassel, City Clerk - 290 - Report to Council Report Number: CS 06-22 Date: April 25, 2022 From: Sarah Douglas-Murray Director, Community Services Subject: Accessibility Policies Update -File: A1440-001 Recommendation: 1.That Council endorse amendments to HUR 040 -Hiring Policy (Attachment #1) and ADM 090 -Accessibility Policy (Attachment #2), subject to minor revisions acceptable to the Director, Community Services, Director, Human Resources and Chief Administrative Officer; and, 2.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The Accessibility for Ontarians with Disabilities Act (AODA) requires that all public sector organizations must submit an annual Accessibility Compliance Report. The Compliance Report is a checklist of 25 questions encompassing the broad range of AODA requirements for municipalities. Council approved report CS 37-21 (Resolution #478/21) that authorized staff to submit the 2021 Accessibility Compliance Report to the Government of Ontario Ministry for Seniors and Accessibility before December 31, 2021. As part of the Ministry Audit process, it was identified that the City submission was not in compliance with three items of the Integrated Accessibility Standards Regulation (IASR). •Training, s. (7, 80.49) under the IASR; •Feedback, s. (11) under the IASR; and •Employment Policies, s. (27, 28, 29) under the IASR In order to achieve compliance under the Training section of the IASR, further training records were submitted to the Ministry and compliance was achieved. In order to achieve compliance under the Feedback and Employment Policies sections of the IASR, the Ministry requested updates to HUR 040 -Hiring Policy and ADM 090 - Accessibility Policy. The amendments have been made and are presented in this report, as set out in Attachments 1 & 2, for Council’s endorsement. - 291 - CS 06-22 April 25, 2022 Subject: Accessibility Policies Update Page 2 Financial Implications: There are no financial implications to the policy updates. The City is required to make amendments to be in compliance with the AODA. The City could be subject to fines if found non-compliant. Discussion: The Accessibility for Ontarians with Disabilities Act (AODA) requires that all public sector organizations submit an annual Accessibility Compliance Report. City staff submitted the 2021 Accessibility Compliance Report to the Government of Ontario Ministry for Seniors and Accessibility in December 2021. As part of the Ministry Audit Process, it was identified that the City submission was not in compliance with three items of the Integrated Accessibility Standards Regulation (IASR). The three sections identified as non- complaint were: 1.Training, s. (7, 80.49) under the IASR; 2.Feedback, s. (11) under the IASR; and 3.Employment Policies, s. (27, 28, 29) under the IASR In order to achieve compliance under the Training section of the IASR further training records were submitted to the Ministry and compliance was achieved. In order to achieve compliance under the Feedback and Employment Policies sections of the IASR the Ministry requested updates to HUR 040 -Hiring Policy and ADM 090 - Accessibility Policy. The following sections provide a summary of the updates made, and the amended policies and procedures are attached as Attachments 1 & 2 respectively. HUR 040 -Hiring Policy The Accessible Employment Standards section (05) of the procedure was amended to include more detailed language regarding timing of the workplace response to emergencies, Individual Accommodation Plans and the Return to Work process, as well as general housekeeping changes. ADM 090 -Accessibility Policy The Training section (04) of the policy was amended to include more specific language regarding who is trained, what training is included, the timing of training and record keeping. Subject to Council’s endorsement of this report, the amended policies (set out in Attachments 1 & 2) will be forwarded to the Government of Ontario Ministry for Seniors and Accessibility for their records. Attachments: 1.HUR 040 -Hiring Policy 2.ADM 090 -Accessibility Policy - 292 - CS 06-22 April 25, 2022 Subject: Accessibility Policies Update Page 3 Prepared/Approved/Endorsed By: Original Signed By Sarah Douglas-Murray Director, Community Services SDM:snc Prepared/Approved/Endorsed By: Original Signed By Jennifer Eddy Director, Human Resources Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 293 - Attachment #1 to Report CS 06-22 Policy Policy Title: Hiring Policy Policy Number HUR 040 Reference Resolution #231/07 Resolution #240/14 Date Originated (m/d/y) 04/12/1999 Date Revised (m/d/y) 01/12/2007 05/20/2014 04/14/2022 Pages 14 Approval: Chief Administrative Officer Point of Contact : Director, Human Resources Policy Objective The objective of this Policy is to: 1. Establish fair and consistent employment practices. 2. Ensure that vacant positions are filled in a fair and consistent manner, recognizing the bona fide requirements and characteristics of the position being filled. 3. Ensure compliance with governing legislation, policy and conditions specified by the City’s collective agreement(s) with its unionized employee group(s). 4. Ensure that an adequate range of qualified individuals are attracted for all vacancies. Index 01 Definitions 02 Responsibilities 03 Procedures/General Provisions 04 Non-Discrimination 05 Accessible Employment Standards 06 Job-Related Medical Examination 07 Verification of Credentials 08 Reference Verification 09 Unsolicited Applications 10 Documentation 11 Nepotism 12 Driver’s Licence - 294 - 13 Contract Staff 14 Relocation Assistance 15 Probationary/Trial Periods 16 Criminal Reference Check/Vulnerable Sector Screening Appendices 01 Definitions 01.01 Accessible Formats – include but are not limited to large print, recorded audio and electronic formats, Braille and other formats usable by persons with disabilities. 01.02 Applicant – An external individual submitting a job application for employment with the City. 01.03 Candidate – An existing employee submitting a job application for a posted vacancy. 01.04 Children -From birth to 18 years of age. 01.05 Common-Law Spouse -An adult who cohabits with a member of the same or opposite sex in a conjugal relationship outside of marriage. 01.06 Communication Supports – Includes but is not limited to captioning, alternative and augmentative communication supports, plain language, sign language and other supports that facilitate effective communications. 01.07 Criminal Reference Check -A check undertaken through the police department on individuals to determine whether they have a record of offences. 01.08 Direct Reporting Relationship -A reporting relationship where an individual has the authority to directly control the activities or work assignments of another employee (as in a supervisor/subordinate relationship). 01.09 Disability a) Any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or in a wheelchair or other remedial appliance or device. b) A condition of mental impairment or a developmental disability. c) A learning disability or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language. Hiring Policy Page 2 of 13 HUR 040 - 295 - d) A mental disorder. e) An injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997; (“handicap”). 01.10 Employment Reference -Telephone contact with company officials who have supervised the applicant and who have direct knowledge of the applicant’s work record and job performance. 01.11 Immediate Family -A husband, wife, including common-law spouse, children, including foster or step children, of an employee. 01.12 Immediate Relative -The parents, brothers, sisters, including foster or step, parents-in-law, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, grandparents, grandchildren, or any other relative living with an employee. 01.13 Moving Expenses -The reasonable costs of packing, unpacking, cartage and freight of an employee’s household effects to the City of Pickering. It will be incumbent upon the prospective employee to provide to the employer three estimates on moving costs prior to authorizing final arrangements. 01.14 MTO Signing Authority – The individual(s) authorized by the Ministry of Transportation Ontario to conduct Driver Abstract searches. 01.15 Nepotism -Employment preference or other favouritism shown to immediate family or immediate relatives. 01.16 Non-Resident Employee -For the purpose of determining relocation assistance under this Policy, a non-resident employee is a new employee who has been appointed to a position with the City of Pickering and who does not reside in the City of Pickering, the surrounding area or within commuting distance of the City. 01.17 Probationary/Trial Period -A set amount of time during which a new employee appointed to a position must demonstrate the ability to effectively discharge the full range of duties of the position and during which the employer may assess the employee’s competence and suitability for the position. 01.18 Relocation Expenses a) The cost of public transportation (air, rail, bus) of an employee and immediate family to the City of Pickering. b) Includes the cost of gas, meals and hotel accommodation for the employee and immediate family if traveling is completed by automobile to the City of Pickering. c) Accommodation and meals at a local hotel for a period of not more than fourteen (14) days to allow the employee to make accommodation arrangements. 01.19 Supervisor – Immediate Non-Union Supervisor. Hiring Policy Page 3 of 13 HUR 040 - 296 - 01.20 Trial Period -A set amount of time during which an existing employee appointed to a new position must demonstrate the ability to effectively discharge the full range of duties of the position and during which the employer may assess the employee’s competence and suitability for the position. 01.21 Vacancy – When the City declares a position open and ready to be filled by advertising the position by a job posting. 01.22 Vulnerable Sector – Persons who, because of their age, a disability or other circumstances, whether temporary or permanent are: a) in a position of dependence on others; and b) otherwise at greater risk than the general population of being harmed by persons in a position of authority or trust relative to them. 01.23 Vulnerable Sector Screening – A check undertaken through the police department on individuals to determine whether they have a record of offences involving the vulnerable sector. 01.24 Interview Panel – Consists of Human Resources representative, representative(s) from the hiring department (typically the immediate non-union Supervisor). 02 Responsibilities 02.01 Chief Administrative Officer (CAO) to: a) approve the filling of all permanent vacancies; and b) authorize negotiated entitlements related to compensation and vacation for non-union employees. 02.02 Director to: a) identify staffing requirements and work with the Human Resources Department to provide staffing within their department; b) review duties and qualifications of vacant positions and prepare up-to-date and accurate job descriptions; c) review and authorize all staffing actions initiated within their jurisdiction; and d) participate in the individual selection process as appropriate. 02.03 Division Head/Supervisor to: a) initiate Employment Requisitions (see Appendix 1) for staffing within their area of responsibility; b) participate in the development of interview packages; c) participate in the individual selection process; and d) arrange for employee and position orientation on employee’s first day on the job. Hiring Policy Page 4 of 13 HUR 040 - 297 - 02.04 Human Resources Department to: a) prepare Internal Job Postings and external advertisements for job competitions; b) receive and review all resumes and job applications (see Appendix 2 and 3) in relation to selection criteria; c) assist client department in the development of interview questions; d) coordinate and participate in the individual selection process. e) ensure that interviews and hiring decisions are undertaken in a fair and consistent manner and in compliance with governing legislation, policy and terms and conditions in collective agreement(s); f) arrange relocation assistance where appropriate; and g) provide new employee with benefit orientation and enrolment. 03 Procedures/General Provisions 3.01 The Director initiates employment requisition and forwards to Human Resources with appropriate approvals. 3.02 Posting and filling of jobs falling within the scope of a collective agreement will be carried out in accordance with the requirements of the respective collective agreement. The posting shall summarize typical duties of the position, minimum entry qualifications, salary range or pay grade and application deadline. 3.03 All non-union job postings may be advertised internally and externally at the same time in the interests of expediting the filling of a vacancy. 3.04 Human Resources reviews applications received according to standards identified in the job description. For union positions, Human Resources will also verify the candidate’s seniority date. 3.05 Testing of required knowledge, skills and abilities may form an integral part of the screening process. Accommodation needs of an individual due to a disability will be addressed. 3.06 Interviews take place and applicants are rated against selection criteria. 3.07 The Interview Panel recommends a suitable individual to the Director and, if applicable, the CAO. 3.08 Once final approvals are obtained, Human Resources makes a conditional offer of employment to the successful individual and subject to a satisfactory pre- employment medical and/or a satisfactory criminal reference check/vulnerable sector screening. 3.09 Upon acceptance by the individual, Human Resources will notify the hiring department of the employee’s commencement date. If an internal candidate has Hiring Policy Page 5 of 13 HUR 040 - 298 - been selected to fill a position, the employee’s start date in the new position is established through mutual agreement by the two Directors involved. 3.10 Human Resources will notify all unsuccessful internal candidates and external applicants interviewed that the vacancy has been filled. 3.11 Human Resources will prepare an individual accommodation plan in consultation with the employee, where applicable a union steward (at the employee’s request) and an outside medical or other expert at the City’s expense. 3.12 Human Resources will arrange for the employee’s benefit enrolment. 3.13 The immediate non-union Supervisor will schedule the employee for the first available orientation session. 04 Non-Discrimination In accordance with the Ontario Human Rights Code, the City will provide equal opportunity for employment to all qualified individuals without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, gender identity, gender expression, sexual orientation, age, record of offences, marital status, family status or disability. 05 Accessible Employment Standards In accordance with the Employment Standard set forth under the Accessibility for Ontarians with Disabilities Act, 2005, the City shall follow the principles of dignity, independence, integration and equal opportunity by addressing the following: 5.01 Recruitment, Assessment and Selection The City will notify employees and the public about the availability of accommodations during the recruitment process. Suitable accommodations will take into account the applicant’s accessibility needs due to a disability. Employees will be notified upon hire of the City’s policy to accommodate employees with disabilities and will be provided with updated information whenever there is a change to accessibility policies. 5.02 Accessible Formats and Communication Supports for Employees Where an employee with a disability so requests it, the City must provide or arrange for the provision of accessible formats and communication supports for the following: a) information needed in order to perform their job; and b) information that is generally available to all employees in the workplace. 5.03 Workplace Emergency Response Information Hiring Policy Page 6 of 13 HUR 040 - 299 - The City shall provide individualized workplace emergency response information to employees who have a disability, if the disability is such that the individualized information is necessary and the employer is aware of the need for accommodation due to the employee’s disability. The individualized workplace emergency response information must be provided as soon as practicable after the employer becomes aware of the need for accommodation due to the employee’s disability. The City shall provide the workplace emergency response information to the person designated by the employer to provide assistance to the employee. This information shall be reviewed: a) when the employee moves to a different location; b) when the employee’s overall accommodations needs or plans are reviewed; and c) when the employer reviews its general emergency response policies. 5.04 Individual Accommodation Plans The City of Pickering is committed to accommodating people with disabilities and will use the following process to identify and meet employee accommodation needs. a) Recognize the need for accommodation Accommodation can be: • requested by the employee • identified by the employee’s manager or hiring manager b) Gather relevant information and assess individual needs The employee is an active participant in this step • Information will be collected on the employee’s functional abilities, not the nature of the employee’s disability o The employee’s personal information, including medical information, is kept secure and dealt with in a confidential manner. It will only be disclosed to individuals who need it to perform the accommodation process. • The employee and their manager will work together to find the most appropriate accommodation o A medical or other expert may be engaged (at the company’s expense) to help determine if/how the employee’s needs can be accommodated o The employee may ask a bargaining agent or other workplace representative to participate in the process c) Write an individual accommodation plan Hiring Policy Page 7 of 13 HUR 040 - 300 - After identifying the most appropriate accommodation(s), the details will be documented in a written plan, including: • What accommodation(s) will be provided • How to make information accessible to the employee, including accessible formats and communication supports • Employee emergency information and/or emergency response plan (if applicable) • When the plan will be reviewed and updated The manager will give the employee in an accessible format (if required), a copy of the individual accommodation plan, or written reasons for denying accommodation. d) Implement, monitor and update the plan After implementing the accommodation plan, the employee and their manager will monitor and review the plan to ensure that it is effective. Formal reviews and updates will take place on the mutually agreed upon, predetermined schedule in the employee’s accommodation plan. If the accommodation is no longer appropriate, the employee and the manager will reassess the situation (step b) and update the plan. The accommodation plan will also be reviewed and updated if: • the employee’s work location or position changes • the nature of the employee’s disability changes 5.05 Return to Work and Performance Management a) The return to work process set out in Attendance Management Procedure HUR 130-025 outlines the steps the employer will take to facilitate the return to work of employees who were absent because their disability required them to be away from work. Individual accommodation plans will be used as part of this process. b) The accessibility needs of employees must be respected when utilizing performance management tools. c) When providing career development and advancement to employees, the City shall take into account the accessibility needs of its employees with disabilities as well as any individual accommodation plans. 06 Job-Related Medical Examination The objective of a job-related medical examination is to ensure that individuals are medically and physically capable of performing the essential duties of the position for which they have been given a written conditional offer of employment. The medical examination shall relate to the individual’s physical and/or mental ability to carry out the Hiring Policy Page 8 of 13 HUR 040 - 301 - essential duties of the job and may be required upon appointment to permanent positions or positions which demand a greater degree of physical effort or fitness. 07 Verification of Credentials Successful individuals will be required to submit originals of all degrees, diplomas or other relevant documents which they claim to hold, to Human Resources. Copies will be maintained in the employee’s personnel file for future reference. 08 Reference Verification Employment references must be completed and documented prior to issuing an offer of employment. Human Resources conduct all external reference checks using a Telephone Reference Check form. Typically this will involve contact with at least three (3) previous supervisors of an external applicant. The Human Resources Department will obtain written authorization from the applicant prior to conducting a reference check. (Refer to Appendix 4 – Employment Reference Consent Form) Only the references provided by the applicant on the Employment Reference Consent Form will be contacted. 09 Unsolicited Applications Unsolicited applications for employment will be retained in the Human Resources Department for a period of six months. Unsolicited applications received by supervisors and elected officials should be forwarded to Human Resources in all instances immediately upon receipt. 10 Documentation In accordance with the administrative requirements set out in the Municipal Freedom of Information and Protection of Privacy 1990 Act (MFIPPA), all recruitment and selection related data is to be retained in the Human Resources Department, or under custody and control of the City Clerk. Upon completion of the interview process, interview panel members are required to return all documentation contained within the interview package to Human Resources for central filing. Documentation related to the interview and selection process will be retained within Human Resources for a period of four years. 11 Nepotism The City of Pickering recognizes that all qualified individuals should be provided with the opportunity to be considered for employment and that family relationships should not unduly or unfairly restrict an individual’s right to seek employment opportunities. The fact Hiring Policy Page 9 of 13 HUR 040 - 302 - that a potential employee is related to an existing employee should neither prejudice nor advance that person’s hiring opportunities. 11.01 Any attempts at interference, undue influence or coercion relating to employment shall be reported immediately to the CAO for investigation. 11.02 The hiring of immediate family or immediate relatives of employees is not appropriate in situations where the related employees would be in a direct reporting relationship. 11.03 Members of immediate family or immediate relatives shall not participate in the recruitment, promotion or selection process where a candidate is an immediate family or immediate relative. 12 Driver’s Licence Where a position requires a valid driver’s licence, the following guidelines will apply. 12.01 The City will determine all jobs within the City where the ability to drive is an essential requirement of the position. This requirement will be identified in the job description. 12.02 Individuals in positions that require the ability to drive a City vehicle will be required to sign a Driver’s Abstract Consent Form (see Vehicle Use Policy ADM 020 Appendix 1) and provide a copy of their valid Ontario Driver’s Licence of the correct class for the vehicle to be driven, after a conditional offer of employment has been made. 12.03 The City’s MTO Signing Authority will arrange to have a semi-annual driver abstract search undertaken for all employees who operate City vehicles and equipment. 12.04 Individuals in positions that require the ability to drive a personal vehicle shall complete a Contract for Personal Vehicle Use form and Confirmation of Liability Insurance Coverage form (see Vehicle Use Policy ADM 020 Appendix 2 and 4), only after a conditional offer of employment has been made. 13 Contract Staff 13.01 Guidelines a) Individuals may be hired on an employment contract basis to perform specific functions for a specified period of time. Establishment of such contracts shall not violate the provisions of the City’s collective agreement(s). Hiring Policy Page 10 of 13 HUR 040 - 303 - b) Benefits will be provided to contract individuals in accordance with governing legislation. Additional benefits may be provided as negotiated between the respective parties. c) Contracting of individuals shall be undertaken within the constraints of departmental budgets or other approved funding and will be subject to the approval of the CAO. d) Each contract is subject to such terms and conditions as may be negotiated between the City and the individual contractor. e) Contracts will be prepared by the Human Resources Department in accordance with established format and procedures. 13.02 Recruitment Consultants a) The City recognizes that it may be necessary to rely on the services of outside management consultants to assist in the identification and referral of applicants for certain positions. Outside consultants may be retained by the City for: i. senior managerial positions, including the CAO, where it has been determined that a consultant may be better able to attract well-qualified applicants; and ii. professional or specialized technical positions where it has been determined that suitably qualified applicants with specialized skills cannot be attracted by more conventional and traditional approaches to recruitment. b) Use of consultants will be subject to review and approval of the CAO and Purchasing Policy PUR 010. If recruiting is for the position of CAO, Council or its designated representatives will be responsible for coordinating the selection and retention of outside consultants and for liaison during the recruitment and selection process. 14 Relocation Assistance 14.01 Relocation assistance ensures that a qualified applicant will not be prevented from accepting employment with the City because of the expense of relocation when (see Relocation Expense Service Agreement form HUR 040 Appendix 5): a) the position is a key position for which there is no suitably qualified individual available within the City of Pickering or in the immediate vicinity; b) it is mandatory that the position be filled as quickly as possible; and Hiring Policy Page 11 of 13 HUR 040 - 304 - c) the Director recommends, and the CAO concurs, that such recruitment incentive is appropriate in the specific circumstances. 14.02 The City may assist newly appointed non-resident employees with relocation assistance upon written acceptance of an offer of employment. 14.03 The City will recover on a pro-rata basis, any relocation assistance paid to an employee who resigns or is terminated from employment for just cause within twenty-four (24) months of commencement of employment. Relocation assistance may include both moving expenses and relocation expenses. 15 Probationary/Trial Periods 15.01 The City of Pickering recognizes the importance of a period of evaluation for employees appointed to positions as a result of competition, promotion or transfer. Permanent appointments to all positions within the City shall be subject to satisfactory performance during the probationary/trial period. a) Unionized employees will serve a probationary/trial period in accordance with the provisions of the City’s collective agreement(s) with its unionized employee group(s). b) The standard probationary/trial period for non-union employees of the City shall be six working months. Any single period of absence during the probationary period in excess of 5 working days, for any reason, shall be added to the probationary period. 16 Criminal Reference Check/Vulnerable Sector Screening 16.01 The City recognizes the importance of ensuring the personal safety and well- being of its employees and the safety and well-being of those members of the community who are receiving services. The City will undertake a Criminal Reference Check for all full-time and part-time volunteers, existing employees who have applied successfully and external applicants who will, as a result of their positions, meet one or a combination of the following criteria: a) employees who occupy a position of trust, financial or otherwise. Otherwise is defined as the level of authority, importance of contacts, impact on the City’s image/reputation, and access to confidential/privileged information with the ability to control or manipulate data; b) employees who are required to enter private residences on a regular basis; c) all levels of management; and Hiring Policy Page 12 of 13 HUR 040 - 305 - d) employees who as part of their job requirements, work directly and interact with the vulnerable sector will form the basis for a Vulnerable Sector Screening. 16.02 Guidelines Criminal Reference Checks/Vulnerable Sector Screenings shall be carried out in accordance with the Ontario Human Rights Code. The Code prohibits discrimination on the basis of a person’s record of offenses which is defined as: a) an offense in respect of which a pardon has been granted under the Criminal Records Act and has not been revoked; and b) An offense in respect of any provincial enactment. A record of offenses does not include a conviction under the Criminal Code, Narcotics Control Act, Food and Drug Act or Federal Criminal Enactment for which a pardon has not been granted or for which a pardon has been granted and revoked. Appendices Appendix 1 Employment Requisition Appendix 2 Internal Application Form Appendix 3 Employment Application Form Appendix 4 Employment Reference Consent Form Appendix 5 Relocation Expense Service Agreement This policy will be supported with a detailed operating procedure which will address the actionable items of those directly involved in recruitment and their respective responsibilities. Hiring Policy Page 13 of 13 HUR 040 - 306 - Attachment #2 to Report CS 06-22 Policy Policy Title: Accessibility Policy Policy Number: ADM 090 Reference: Accessibility for Ontarians with Disabilities Act, 2005 (AODA) Resolution # 169/14 Date Originated (m/d/y) January 20, 2014 Date Revised (m/d/y) 04/14/2022 Pages 5 Approval: Chief Administrative Officer Point of Contact: Director, Community Services Policy Objective This outlines the corporate policy with respect to the establishment of accessibility standards in accordance with Provincial regulations created under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA). Index 01 Statement of Commitment 02 Definitions 03 General 04 Training 05 Accessibility Policies, Practices and Procedures 06 Customer Service Standards 07 Information and Communication Standards 08 Employment Standards 09 Transportation Standards 10 Design of Public Spaces (Accessibility Standards for the Built Environment) 01 Statement of Commitment The City of Pickering is committed to creating an accessible community for all of its residents by creating accessible facilities, programs and services, based on the principles of universal access; removing existing barriers for persons with both visible and non visible disabilities; and providing information and training to create an environment of inclusion within the Corporation and the municipality. - 307 - 02 Definitions 02.01 Accessible formats – may include, but are not limited to, large print, recorded audio and electronic formats usable by persons with a disability. 02.02 Assistive device – any device that is designed or adapted to assist a person to perform a particular task or procedure. This may include, but is not limited to crutches, walkers, wheelchairs, personal sound amplification devices, technological or computerized devices, etc. 02.03 Communication supports – may include, but are not limited to, captioning, alternative and augmentative communication supports, plain language, sign language and other supports that facilitate effective communications. 02.04 Disability a) any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, deafness or hearing impairment, muteness or speech impediment, or physical reliance on a service animal or on a wheelchair or other remedial appliance or device; b) a condition of mental impairment or a developmental disability; c) a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language; d) a mental disorder; and e) an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997. 03 General 03.01 The AODA was enacted in 2005 in order to facilitate the development of specific standards with respect to improving accessibility across the Province. Ontario’s first accessibility standard, the Customer Service Standard, came into effect on January 1, 2008. The Integrated Accessibility Standards (IAS) came into effect on July 1, 2011. These included the Information and Communications Standards, the Employment Standards and the Transportation Standards. The Design of Public Spaces Standards (Accessibility Standards for the Built Environment) is an amendment to the IAS and came into effect on January 1, 2013. 03.02 This policy is intended to provide the framework to guide the review and development of City of Pickering policies, standards, procedures, By-laws and guidelines to comply with the standards developed under the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11. (AODA). Policy Title: Accessibility Policy Page 2 of 5 Policy Number: ADM 090 - 308 - 04 Training: 04.01 We are committed to training all staff and volunteers in accessible customer service, other Ontario’s accessibility standards and aspects of the Ontario Human Rights Code that relate to persons with disabilities. In addition, we will train: a) all persons who participate in developing the organization’s policies; and b) all other persons who provide goods, services or facilities on behalf of the organization 04.02 Training of our employees and volunteers on accessibility related to their specific roles. Training includes: • purpose of the Accessibility for Ontarians with Disabilities Act, 2005 and the requirements of the Customer Service Standards • our policies related to the Customer Service Standards; • how to interact and communicate with people with various types of disabilities; • how to interact with people with disabilities who use an assistive device or require the assistance of a service animal or a support person; • how to use the equipment or devices available on-site or otherwise that may help with providing goods, services or facilities to people with disabilities; and • what to do if a person with a disability is having difficulty accessing our organization’s goods, services or facilities. 04.03 We train every employee as soon as practicable after being hired and provide training in respect of any changes to the policies. New employees shall receive this training as part of the New Employee Orientation program. 04.04 We maintain records of the training provided including the dates on which the training was provided and the number of individuals to whom it was provided. 05 Accessibility Policies, Practices and Procedures: 05.01 The City of Pickering will make reasonable efforts to ensure that its policies, practices and procedures are consistent with the core principles of the standards: • dignity; Policy Title: Accessibility Policy Page 3 of 5 Policy Number: ADM 090 - 309 - • independence; • integration, except when alternate measures are necessary to meet the needs of persons with disabilities; and • equal opportunity. By considering these principles when developing policies, practices and procedures, accessibility planning becomes entrenched within the decision- making process and satisfies the spirit with which the AODA, 2005 was enacted. 05.02 Dignity and independence – interaction with all individuals will be in a manner that respects the dignity and independence of persons with disabilities. It includes consideration of how any accommodation is provided and the individual’s own participation in the process. 05.03 Integration – achieving integration and full participation for persons with disabilities requires barrier-free and inclusive design and removal of existing barriers, whether they are physical, sensory, developmental or systemic. Preventing and removing barriers means persons with disabilities will be able to access opportunities provided by the City in the areas of services, programs and employment. 05.05 Equal opportunity – preventing and removing barriers, means persons with disabilities will have equal access to opportunities provided by the City in the areas of services, programs and employment. 06 Customer Service Standards 06.01 The City of Pickering shall develop and implement customer service procedures which will reflect the principles of respect for the individual, independence, integration and equal access for all; and in accordance with the Accessibility Standards for Customer Service, Ontario Regulation 429/07. 06.02 Service will be provided to persons with disabilities in a manner that takes into account an individual’s disability and in consultation with them. 07 Information and Communications Standards 07.01 The City of Pickering recognizes that access to information and the ability to communicate clearly are essential in our society. 07.02 The City of Pickering will create, provide and receive information and communications in consultation with and in ways that are accessible for persons with disabilities. Such accommodations will be in accordance with the requirements of the Information and Communications section of the Integrated Accessibility Standards, Ontario Regulation 191/11. 08 Employment Standards Policy Title: Accessibility Policy Page 4 of 5 Policy Number: ADM 090 - 310 - 08.01 The City of Pickering shall develop and implement Human Resources policies, practices and procedures which will reflect the principles of dignity, independence, integration and equal opportunity and in accordance with the requirements of the Employment Standards section of the Integrated Accessibility Standards, Ontario Regulation 191/11. 08.02 The City of Pickering will provide accommodations to support persons with disabilities throughout the employment cycle. Such accommodation will take into account the nature of the person’s disability and will be determined in consultation with them. Such accommodations may include the use of alternate formats for documents, communication supports or assistive devices and technology as required to support a person with a disability. 08.03 The City of Pickering, in consultation with any employee with a disability, will provide individualized workplace emergency response plans. The individualized workplace emergency response information must be provided as soon as practicable after the employer becomes aware of the need for accommodation due to the employee’s disability. 08.04 The City of Pickering will notify prospective applicants, successful applicants and existing employees that such accommodation is available. 09 Transportation Standards 09.01 The City of Pickering recognizes the importance of accessible transportation for persons with disabilities. Accessible transportation can provide greater independence for a person with a disability and an opportunity to more fully participate in the life of their community. 09.02 The City of Pickering has legislative responsibility for taxicabs, but not for a public transportation system. The City of Pickering shall enact and enforce such by-laws as needed to ensure compliance with the Transportation section of the Integrated Accessibility Standards, 2005, Ontario Regulation 191/11, as it relates to the operation of taxicabs within the municipality. 10 Design of Public Spaces Standards (Accessibility Standards for the Built Environment) 10.01 The City of Pickering recognizes that the creation of an accessible environment is an essential component of full access and inclusion for persons with disabilities. The City will endeavour to create safe, accessible facilities which provide equal access to programs and services provided by the City. 10.02 The City of Pickering will use requirements of the Design of Public Spaces (accessibility Standards for the Built Environment Standards) and accessibility requirements of the Ontario Building Code as minimum standards and will seek to exceed these requirements, where reasonably possible, in order to create an accessible, inclusive community. Policy Title: Accessibility Policy Page 5 of 5 Policy Number: ADM 090 - 311 - Report to Council Report Number: CS 09-22 Date: April 25, 2022 From: Sarah Douglas-Murray Director, Community Services Subject: pflag Community Banners -Esplanade Park -File: A-1440-001 Recommendation: 1. That five pflag banners be installed on light standards along The Esplanade North for the month of June 2022; 2. That one pflag banner be installed on the light standard immediately adjacent to the Rainbow crosswalk, on the Esplanade North, and remain in place until such time that a new Community Banner Policy is approved by Council; 3. That City staff be directed to draft a Community Banner Policy and return it for Council’s consideration before the end of 2022; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: At the March 28, 2022 Council meeting, correspondence was received from pflag Durham Region (Attachment #1) along with a delegation from the organization’s President Jake Farr requesting that six Pride Banners be displayed on the light standards on The Esplanade North annually during the month of June (Pride Month). During the delegation, a further request was made that one of the six banners, installed on the light standard located immediately adjacent to the Rainbow Crosswalk on The Esplanade North, remain permanently on display. City staff have since reviewed this request and consider it to align with the City’s commitment to advance Equity, Diversity and Inclusion. As such, City staff recommend its approval, subject to pflag’s compliance with the City’s specifications and logistical requirements regarding the fabrication and installation of the signs. City staff also recommends approval that one of the six flags, located immediately adjacent to the Rainbow Crosswalk, remain installed until such time as a new Community Banner Policy is approved by Council. As the City of Pickering does not currently have a policy or procedure for these type of requests, staff are recommending the drafting of a new Community Banner Policy, which will be subject to Council’s approval, to address future requests of this nature. - 312 - CS 09-22 April 25, 2022 Subject: pflag Community Banners – Esplanade Park Page 2 Financial Implications: There are no financial implications to this report as pflag Durham Region will be producing the banners, to the City’s specifications, at their expense. Operations staff will be installing the banners within regular work operations. Discussion: pflag Durham Region is a non-profit, 100 percent volunteer organization that supports all persons in the Region of Durham, on their journeys through gender identity, gender expression and sexual orientation. They provide education and resources to the greater Durham community and the 2SLGBTQI in particular to help encourage inclusion, diversity and equity. At the March 28, 2022 Council Meeting Correspondence (Attachment #1) and a related delegation was received from pflag Durham Region requesting that six Pride Banners be displayed on the light standards along The Esplanade North annually during the month of June (Pride Month) and that the banner located to the east of the Rainbow Crosswalk on The Esplanade North remain on display throughout the year. The banners would be designed and produced by pflag Durham Region, at their cost, and would be installed by City Operations staff. The proposed design, as referenced in Attachment #2, includes the rainbow flag with the following messages as recommended through pflag Durham Region’s consultation with the 2SLGBTQI+ community: • Celebrate your pride • Pride comes in all colours • You are not alone • Embrace diversity • Pride is for everyone • We all belong The request of pflag Durham Region is directly aligned with the City’s commitment to advance Equity, Diversity and Inclusion and engage in programming that supports 2SLGBTQI+ communities as an equity-deserving group. In 2019, the City installed a Rainbow Crosswalk on The Esplanade North during Pride Month as a permanent symbol of respect and inclusion. As the City approaches this year’s Pride Month and re-introduces public events to the community, the banners represent a unique opportunity to reinforce this message. Together, these symbols reflect the City’s commitment to raising awareness about the issues that affect the 2SLGBTQI+ community and to create welcoming, safe and positive space for all community members. The City is already exploring opportunities for collaboration with pflag Durham Region as a recognized community leader in serving the 2SLGBTQI+ community. This includes the development of staff trainings, educational resources and opportunities for civic engagement. The proposed banner display will ultimately enhance these collaborations as part of a more holistic engagement with Pride Month and with 2SLGBTQI+ programming more broadly. As part of the City’s existing Community Banner Program, the City of Pickering is currently planning on the following banner exhibitions around Esplanade Park for the year 2022: - 313 - CS 09-22 April 25, 2022 Subject: pflag Community Banners – Esplanade Park Page 3 Banners Program Timing Location 35 Public Art Community Banner Installed in City Centre Banners Public Art Program – Community submissions and selection through a Public Art Jury that includes members of the Cultural Advisory Committee, professional artists, and City staff. December and removed in late September. 35 Legion 606 Bay Remembrance Day Installed in late City Centre Ridges Banners banners that are installed annually. These banners share the same locations as the Public Art community banner program. September, removed in late November The installation of the pflag Community Banners on The Esplanade North in June would displace six of the planned Public Art Banners locations for the month of June and one of the planned Legion 606 Bay Ridges Banners for the months of October and November. Community Services staff have coordinated the necessary arrangements to relocate these displaced banners in other suitable locations. As the City of Pickering does not currently have a policy for banner requests, staff will develop a Community Banner Policy and return it to Council for their consideration before year end to address future requests of this nature. Attachments: 1. pflag Request 2. Proposed Banner Design - 314 - CS 09-22 April 25, 2022 Subject: pflag Community Banners – Esplanade Park Page 4 Prepared/Approved/Endorsed By: Prepared/Approved/Endorsed By: Original Signed ByOriginal Signed By Sarah Douglas-Murray Jaclyn SanAntonio Director, Community Services Senior Advisor, Diversity, Equity & Inclusion SDM:sdm Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 315 - Attachment #1 to Report CS 09-22 Pflag Durham Region 922 Vistula Drive, Pickering, ON L1W 2L5 905-231-0533 Inquiries@PFLAGDurhamRegion.com www.PFLAGDurhamRegion.com March 12, 2022 City of Pickering 1 Esplanade Pickering, ON To: City Council via Clerk’s office Re: March 28th Delegation Pflag Durham Region is a non-profit, 100% volunteer organization that supports all persons within our reach of the Durham region, on their journeys through gender identity, gender expression and sexual orientation. We provide education and resources to the greater Durham community to help encourage inclusion, diversity and equity. Within the scope of our work, we ongoingly support visibility. Visibility is very important for the 2SLGBTQI community, for those who are openly authentic and for those who are still not able to be themselves openly. Pflag Durham Region is seeking engagement by the City of Pickering to bring visibility to West Durham. We are asking you to be part of the change and support the representation of the 2SLGBTQI community that exists in Pickering and the Durham Region. Pflag Durham Region will be producing 6 Pride banners for light standards for North Esplanade. These banners will display the new Pride Progress Flag along with a positive message and would be displayed for June each year. We look forward to providing more details at our delegation on March 28th, 2022 Included is a mock-up design of our proposal for you to have a visual component to this ask. Jake Farr (He/They) President, Pflag Durham Region (Included below are some visual preliminary examples) - 316 - Attachment #2 to Report CS 09-22 Pflag Durham Region 922 Vistula Drive, Pickering, ON L1W 2L5 905-231-0533 Inquiries@PFLAGDurhamRegion.com www.PFLAGDurhamRegion.com - 317 - Report to Council Report Number: ENG 08-22 Date: April 25, 2022 From: Richard Holborn Director, Engineering Services Subject: Kingston Road (at the Whites Road Off-Ramp) & Finch Avenue New Asphalt Sidewalk Construction -Tender No. T2022-3 -File: A-1440 Recommendation: 1. That Tender No. T2022-3 for Kingston Road (at the Whites Road Off-Ramp) & Finch Avenue New Asphalt Sidewalk Construction as submitted by Buildscapes Construction Limited in the total tendered amount of $372,145.59 (HST included) be accepted; 2. That the total gross project cost of $459,155.00 (HST included), including the tendered amount, a contingency and other associated costs, and the total net project cost of $413,484.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $413,484.00 as follows: a) the sum of $111,179.00 (net of HST rebate) for capital project C10515.1802.01 Kingston Road New Sidewalk Installation as approved in the 2018 Capital Budget to be funded by a transfer from: i) Development Charges – Roads and Related Reserve Fund in the amount of $55,590.00; ii) Development Charges – City’s Share Reserve in the amount of $55,589.00; b) the sum of $200,000.00 for capital project C10515.2101.01 Finch Avenue New Sidewalk Construction as approved in the 2021 Capital Budget to be funded by a transfer from the Federal Gas Tax Reserve Fund be increased to $302,305.00; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. - 318 - ENG 08-22 April 25, 2022 Subject: Kingston Road (at the Whites Road Off-Ramp) & Finch Avenue New Asphalt Sidewalk Construction Page 2 Executive Summary: Both of the subject new sidewalk infrastructure projects have been approved in previous Capital Budgets. The Kingston Road (at the Whites Road Off-Ramp) new asphalt sidewalk project was approved in 2018, funded by Development Charges. The Finch Avenue new asphalt sidewalk project was approved in 2021, funded by Federal Gas Tax. Tender No. T2022-3 was issued on Wednesday, March 1, 2022 and closed on Wednesday, March 23, 2022 with seven bids submitted. The low bid submitted by Buildscapes Construction Limited in the amount of $372,145.59 (HST included) is recommended for approval. Financial Implications 1. Tender Amount Tender No. T2022-3 $329,332.38 HST (13%) 42,813.21 Total Gross Tender Amount $372,145.59 - 319 - ENG 08-22 April 25, 2022 Subject: Kingston Road (at the Whites Road Off-Ramp) & Finch Avenue New Asphalt Sidewalk Construction Page 3 2. Estimated Individual Project Cost Summaries Tender No. T2022-3 – Kingston Road New Asphalt Sidewalk Portion $88,938.00 Associated Costs Geotechnical Investigation Reports 3,300.00 Materials Testing 6,000.00 MTO Highway Corridor Management Approval Fee 345.00 Construction Contingency (12%) 10,673.00 Total (Kingston) $109,256.00 HST (13%) 14,203.00 Total Gross Project Cost (Kingston Road) $123,459.00 HST Rebate (11.24%) (12,280.00) Total Net Project Cost (Kingston Road) $111,179.00 Tender No. T2022-3 – Finch Avenue New Asphalt Sidewalk Portion $240,394.00 Associated Costs Topographic Survey 3,750.00 Geotechnical Investigation Reports 10,395.00 Materials Testing 6,000.00 TRCA Permit and Approval Fee 3,580.00 Federal Gas Tax Sponsor Signage 2,500.00 Utility Relocation -Bell Canada 1,610.00 Construction Contingency (12%) 28,847.00 Sub Total (Finch) $297,076.00 HST (13%) 38,620.00 Total Gross Project Cost (Finch Avenue) $335,696.00 HST Rebate (11.24%) (33,391.00) Total Net Project Cost (Finch Avenue) $302,305.00 - 320 - ENG 08-22 April 25, 2022 Subject: Kingston Road (at the Whites Road Off-Ramp) & Finch Avenue New Asphalt Sidewalk Construction Page 4 3. Estimated Combined Project Cost Summary Tender No. T2022-3 – Kingston Road (at the Whites Road Off-$ 329,333.00 Ramp) & Finch Avenue New Asphalt Sidewalk Construction Associated Costs 37,480.00 Construction Contingency (12%) 39,520.00 Sub Total $406,333.00 HST (13%) 52,823.00 Total Gross Project Cost $459,156.00 HST Rebate (11.24%) (45,672.00) Total Net Project Cost $413,484.00 4. Approved Source of Funds Location Kingston Road Kingston Road Expense Code C10515.1802.01- 504600 C10515.1802.01- 504600 Source of Funds DC – Roads and Related Reserve – DC City Share Budget $135,000.00 $135,000.00 Required $55,590.00 $55,589.00 Finch Avenue C10515.2101.01- 504600 Federal Gas Tax $200,000.00 $302,305.00 Net project cost (over) under approved funds – Kingston Road Net project cost (over) under approved funds – Finch Avenue $158,821.00 ($102,305.00) Discussion: Both new sidewalk infrastructure projects have been approved in previous Capital Budgets. The Kingston Road (at the Whites Road Off-Ramp) new asphalt sidewalk project was approved in 2018, funded by Development Charges. The Finch Avenue new asphalt sidewalk project was approved in 2021, funded by Federal Gas Tax. The Kingston Road (at the Whites Road Off-Ramp) new asphalt sidewalk project was originally proposed as a longer sidewalk project, connecting the existing sidewalk at 780 Kingston Road to Fairport Road, on the north side. In discussions with the Region of Durham, the opportunity presented itself to redirect funding for this project to the Metrolinx Durham-Scarborough Bus Rapid Transit project (DSBRT). The Metrolinx DSBRT is tentatively scheduled for construction under “Durham Stage 1” in 2022 – 2025. This opportunity meant Metrolinx would design and build the expanded platform necessary to install the sidewalk. However, Engineering Services - 321 - ENG 08-22 April 25, 2022 Subject: Kingston Road (at the Whites Road Off-Ramp) & Finch Avenue New Asphalt Sidewalk Construction Page 5 staff, pedestrians who walk along this corridor, and the City’s Accessibility Advisory Committee have identified an area of concern fronting 820 Kingston Road (Shoeless Joe’s Plaza). The area in question has a large ditch which offers no platform for pedestrians, and is a safety issue as pedestrians are required to walk along the travelled portion of Kingston Road. This project will provide a temporary asphalt sidewalk, meeting all Accessibility for Ontarians with Disabilities (AODA) requirements until such time as the Metrolinx project moves forward. The Finch Avenue new asphalt sidewalk project is proposed as a pedestrian connection on the south side between 1543 Finch Avenue and Guild Road. Sidewalk infrastructure along Regional corridors (such as Finch Avenue – Region Road #37) is under City jurisdiction. Installation of this sidewalk will result in a continuous pedestrian corridor on the south side of Finch Avenue from Brock Road at the east end to Bowler Drive at the west end. Tender No. T2022-3 was issued on Wednesday, March 1, 2022 and closed on Wednesday, March 23, 2022 with seven bids submitted. The low bid submitted by Buildscapes Construction Limited in the amount of $372,145.59 (HST included) is recommended for approval. The total gross project cost is estimated at $459,155.00 (HST included), with an estimated total net project cost of $413,484.00 (net of HST rebate). As funding approved for the Finch Avenue sidewalk is insufficient, based on the tender results and the estimated net project cost required, an additional $102,305.00 of Federal Gas Tax is required to be transferred from the Federal Gas Tax Reserve Fund. Award of T2022-3 to Buildscapes Construction Limited, will be conditional upon receiving the City's Health & Safety form, Certificate of Clearance issued by the Workplace Safety & Insurance Board, Certificate of Insurance and requisite approvals. The previous work experience and references of Buildscapes Construction Limited have been reviewed and deemed to be acceptable. Upon careful examination of all tenders and relevant documents received, the Engineering Services Department recommends acceptance of the low bid submitted by Buildscapes Construction Limited for Tender No. T2022-3 in the amount of $372,145.59 (HST included), and the total net project cost of $413,484.00 (net of HST rebate) be approved. Attachments: 1. Supply & Services Memorandum date March 25, 2022 2. Record of Tenders Opened and Checked 3. Location Map - 322 - ENG 08-22 April 25, 2022 Subject: Kingston Road (at the Whites Road Off-Ramp) & Finch Avenue New Asphalt Sidewalk Construction Page 6 Prepared By: Approved/Endorsed By: Original signed by: Original signed by: Scott Booker Richard Holborn, P. Eng. Manager, Capital Projects & Infrastructure Director, Engineering Services Original signed by: Original signed by: Cathy Bazinet Stan Karwowski, MBA, CPA, CMA Manager, Procurement Director, Finance & Treasurer SB:DL:mjh Recommended for the consideration of Pickering City Council Original signed by: Marisa Carpino, M.A. Chief Administrative Officer - 323 - Attachment #1 to Report #ENG 08-22 Memo To: Richard Holborn Director, Engineering Services March 25, 2022 From: Kayla Horne Buyer, Supply & Services Copy: Administrative Assistant, Engineering Services Subject: Tender No. T2022-3 Tender for Kingston Road (at the Whites Road Off-Ramp) & Finch Avenue Closed: March 23, 2022 – 2:00pm File: F-5400-001 Tender No. T2022-3 was advertised on the City’s website and closed on March 23, 2020. Seven companies have submitted a bid for this project. A copy of the Record of Tenders Opened and Checked used at the public tender opening is attached. Tenders shall be irrevocable for 60 days after the official closing date and time. Purchasing Procedure No. PUR 010-001, Item 13.03 (r) provides checking tendered unit prices and extensions unit prices shall govern and extensions will be corrected accordingly, which has been completed by S&S and Buildscapes Construction Ltd. is the compliant low bid at a value of $329,332.38 (HST Excluded). The unsuccessful Bidder’s tendering deposit, other than a bid bond, shall be returned to the applicable bidders as provided for by Purchasing Procedure No. PUR 010 -001, Item 13.03 (w). Three (3) bids have been retained for review at this time and are attached. Pursuant to Information to Bidders Item 24 Pre-Condition of Award and Part 1: Tendering Specifications, the following documentation will be requested of Buildscapes Construction Ltd. for your review during the evaluation stage of this tender call. Please advise if Supply & Services is to proceed with collecting the following documentation: (a) A copy of the City’s Health and Safety Policy form currently dated and signed; (b) A copy of the current Clearance Certificate issued by Workplace Safety & Insurance Board; (c) The City’s certificate of insurance or approved alternative form completed by the Bidder’s agent, broker or insurer; and (d) Waste Management Plan. A budget of $200,000 for Finch Avenue, and $270,000 for Kingston Road was provided to Supply & Services for this procurement. - 324 - If the recommendation to award exceeds the budgeted amount, refer to Financial Control Policy Item 11 for additional instructions. In accordance with Purchasing Policy Item 06.04, the authority for the dollar limit as set out below excludes HST. As such, in accordance with Purchasing Policy Item 06.11, where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is: (c) Over $250,000, the Manager may approve the award, subject to the approval of the Director, Treasurer, CAO and Council. Please include the following items in your report: 1) if Items (a) through (b) noted above are acceptable to the Co-ordinator, Health & Safety or designate, if required; 2) if Item (c) is acceptable to the Manager, Budgets & Internal Audit; 3) if the list of subcontractors is acceptable to Engineering Services; 4) if Item (d) is acceptable to Engineering Services; 5) any past work experience with low bidder Buildscapes Const ruction Ltd. including work location; 6) without past work experience, if reference information is acceptable to Engineering Services; 7) the appropriate account number(s) to which this work is to be charged; 8) the budget amount(s) assigned thereto; 9) Treasurer’s confirmation of funding; 10)related departmental approvals; and 11)related comments specific to the project. After receiving Council’s approval, an approved “on -line” requisition will be required to proceed. Enquiries can be directed to the City’s website for the unofficial bid results as read out at the public tender opening or to Supply & Services. Bidders will be advised of the outcome in due course. If you require further information, please feel free to contact me or a member of Supply & Services. kh Attachments Page 2 - 325 - ___________________ _____________________ _____________________ ________________ Attachment #2 to Report #ENG 08-22 City of Pickering Record of Tenders Opened and Checked Tender Description: Kingston Road (at the Whites Road Off-Ramp) & Finch Avenue New Asphalt Sidewalk Construction Tender No.: T2022-3 Date: March 23, 2022 -2:00 pm Local Time Bidder Name Total Tendered Amount (HST Excluded) Comments Appco Paving Ltd. $349,999.00 Aquatech $476,440.59 Ashland Constructinon $385,036.00 Buildscapes Construction Ltd. $329,332.38 Epic Paving & Contracting Ltd. $341,686.90 Forest Contractors $370,412.00 Melrose Pavin $361,355.85 City Staff Present Other The information is strictly preliminary, pending review and verification of conformance to terms, conditions and specifications. - 326 - Attachment #3 to Report #ENG 08-22 Location Maps Project Area No. 1 – Kingston Road New Asphalt Sidewalk Construction Project Area No. 2 – Finch Avenue New Asphalt Sidewalk Construction - 327 - Report to Council Report Number: FIN 07-22 Date: April 25, 2022 From: Stan Karwowski Director, Finance & Treasurer Subject: 2022 Tax Rates and Final Tax Due Dates -File: F-4200-001 Recommendation: 1.That Report FIN 07-22 of the Director, Finance & Treasurer regarding the 2022 tax rates be received; 2.That the 2022 tax rates for the City of Pickering be approved as contained in Schedule “A” of the By-law attached hereto; 3.That the tax levy due dates for the Final Billing be June 28, 2022 and September 28, 2022 excluding the industrial, multi-residential and commercial realty tax classes; 4.That the attached By-law be approved; 5.That the Director, Finance & Treasurer be authorized to make any changes or undertake any actions necessary to comply with Provincial regulations including altering due dates or final tax rates to ensure that the property tax billing process is completed; and 6.That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Executive Summary: Adoption of the above Recommendations and the attached By-law provides for the approval of tax rates required to raise the levy approved in the 2022 Current Budget of the City of Pickering and to levy taxes for School Boards and for the Region of Durham. They also set the property tax final due dates for residential property classes. The final due dates for non-residential (commercial, industrial, etc.) tax classes will be set later this year. Financial Implications: Adoption of the Recommendations and enacting the By-law will allow the City to bill the Final 2022 levy for all properties except for the industrial, commercial and multi-residential tax classes, which will be dealt with later this year. Passing of the By-law will assist the City of Pickering in meeting its financial obligations and reducing any borrowing costs. This levy also raises taxes for the Region of Durham and the School Boards. - 328 - ______________________________________________________________________ FIN 07-22 April 25, 2022 Subject: 2022 Tax Rates and Final Tax Due Dates Page 2 Discussion: The 2022 final tax billing process will consist of two separate components: 1.Residential and residential-related (farm, managed forest) properties; and, 2.Commercial, industrial, and multi-residential realty classes. Later this year, a report will be presented to Council asking for Council’s approval to bill the non-residential tax classes. The non-residential tax classes are subject to tax capping and Pickering’s staff, in conjunction with the other lower tier municipal tax staff and the Region’s finance staff, will be working on the tax capping calculations during the next few months. City’s Net Tax Levy and Tax Rate Increase The City’s 2022 Budget provided for an average property tax increase of 1.79 per cent and was adopted by Council through Report FIN 06-22. The 2022 Council approved a budget levy of $74,183,234 plus assessment growth of $1,900,600 which translates into a total property tax levy of $76,083,834. The Region’s tax increase for Pickering is 2.60 per cent and the School Board increase is zero, resulting in a total average residential increase of approximately 1.98 per cent. The property tax rates are calculated based on the budgets of both Pickering and Durham Region. The tax rate itself is defined under section 306 of the Municipal Act and it is to be calculated to eight decimal points. Tax Due Date Instalments Recommendation three sets the due dates for the payment of residential taxes at June 28, 2022 and September 28, 2022. Property Tax Deferral Program Update The Property Tax Section, with Council approval (FIN 06 -22), has implemented a pandemic property tax deferral program for 2022. The program will allow qualifying residential property owners the ability to pay the regular tax payments for April 2022, June 2022 and September 2022 by the end of October 2022. The City also provided a similar deferral program in 2021 for the June and September instalments. This year’s program provides relief to taxpayers with continuing financial hardships due to the pandemic. Taxpayers that request assistance will be required to demonstrate and provide supporting documentation of financial hardship as a result of COVID -19. Another positive aspect regarding this program is that Pickering has developed a website based property tax deferral program that can adopted and or modified for any future need. In other words, we have a time tested financial tool in our tool box to provide financial assistance if and when the need arises. - 329 - ______________________________________________________________________ FIN 07-22 April 25, 2022 Subject: 2022 Tax Rates and Final Tax Due Dates Page 3 The program will be promoted through various communication avenues such as the property tax brochure (final), community page ad, City website and social media outlets. Staff would also welcome Council’s assistance by referencing this program through their regular communication channels with their residents. Communication Strategy In addition to mailing the tax bills, the City will advertise the tax instalment due dates on the City’s webpage, the Pickering News Advertiser and any other communication channels deemed appropriate by the Director, Finance & Treasurer, prior to each tax due date. Other Recommendations two and three provide for the levying of all tax rates on all classes of property, except for the non-residential properties. For non-residential properties, the property taxes will be billed at a later date because the “claw back” percentages have not yet been determined. Staff will bring a separate report to Council for the non-residential billing later this year. Staff’s preliminary estimate for the final non -residential tax due date is for the end of September. Attachments: 1.By-law to Establish the 2022 Tax Rates for All Realty Classes and Final Instalment Due Dates for All Residential Realty - 330 - ______________________________________________________________________ FIN 07-22 April 25, 2022 Subject: 2022 Tax Rates and Final Tax Due Dates Page 4 Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Karen Uphoff James Halsall (Acting) Supervisor, Taxation Division Head, Finance Approved/Endorsed By: Original Signed By: Stan Karwowski Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 331 - Attachment #1 to Report #FIN 07-22 The Corporation of the City of Pickering By-law No. 7927/22 Being a by-law to adopt the estimates of all sums required to be raised by taxation for the year 2022 and to establish the Tax Rates necessary to raise such sums and to establish the final due dates for the residential, pipeline, farm, and managed forest realty tax classes. Whereas it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, 2001, S.O. 2001, c25, as amended, to pass a By-law to levy a separate tax rate on the assessment in each property class; and, Whereas the property classes have been prescribed by the Minister of Finance under the Assessment Act, R.S.O. 1990, ch.A.31, as amended and its Regulations; and, Whereas it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, to levy on the whole ratable property according to the last revised assessment roll for The Corporation of the City of Pickering the sums set forth for various purposes in Schedule “A”, for the current year; and, Whereas the Regional Municipality of Durham has passed By-law 06-2022 to establish tax ratios, By-law 08-2022 to adopt estimates of all sums required by The Regional Municipality of Durham for the Durham Region T ransit Commission, By-law 09-2022 to set and levy rates of taxation for Regional Solid Waste Management, and By-law 07- 2022 to set and levy rates of taxation for Regional General Purposes and set tax rates on Area Municipalities; and, Whereas the Province of Ontario has provided the 2022 education tax rates for the realty classes; and, Whereas sub section 342(2) of the Municipal Act, 2001, S.O. 2001, c25, as amended, permits the issuance of separate tax bills for separate classes of real property for 2022; and, Whereas an interim levy was made by the Council of The Corporation of the City of Pickering (pursuant to By-law 7792/20 before the adoption of the estimates for the current year); Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: 1.For the year 2022, The Corporation of the City of Pickering (the “City”) on March 28, 2022 approved Council Report FIN 06-22 and corresponding schedules and attachments as presented, resulting in a taxation levy of $76,083,834. - 332 - By-law No. 7927/22 Page 2 2.For the year 2022, the City shall levy upon the Property Classes set out in Schedule “A”, the rates of taxation as set out in Schedule “A”, for the City of Pickering, the Region of Durham and for Education purposes on the current value assessment as also set out in Schedule “A”. Where applicable, taxes shall be adjusted in accordance with Bill 140, as amended and its Regulations. 3.The levy provided for in Schedule “A” shall be reduced by the amount of the interim levy for 2022. 4.The Tax Levy due dates for the Final Billing be June 28, 2022 and September 28, 2022 for all classes excluding the non-residential tax classes (commercial, industrial, and multi-residential). 5.The Treasurer is hereby authorized to accept twelve monthly electronic payments commencing January 1st and ending December 1st inclusive. Failure by the taxpayer to pay any one monthly part payment, will invoke the late payment charges as outlined in the Municipal Act and confirmed by the City through By-law every year. 6.The Treasurer is hereby authorized to accept twelve monthly electronic payments commencing January 8th and ending December 8th inclusive. Failure by the taxpayer to pay any one monthly part payment, will invoke t he late payment charges as outlined in the Municipal Act and confirmed by the City through By-law every year. 7.The Treasurer is hereby authorized to accept twelve monthly electronic payments commencing January 16th and ending December 16th inclusive. Failure by the taxpayer to pay any one monthly part payment, will invoke the late payment charges as outlined in the Municipal Act and confirmed by the City through By-law every year. 8.For the year 2022, the City shall levy upon designated Universities and Colleges an annual tax at the prescribed amount for each full-time student enrolled in the university or college, as determined by the Minister of Training, Colleges, and Universities, payable on or after July 1st in accordance with section 343 of the Municipal Act. 9.If any section or portion of this By-law or of Schedule “A” is found by a court of competent jurisdiction to be invalid, it is the intent of Council for The Corporation of the City of Pickering that all remaining sections and portions of this By-law and of Schedule “A” continue in force and effect. 10.This By-law comes into force on the date it is passed. - 333 - ______________________________ ______________________________ By-law No. 7927/22 Page 3 By-law passed this 25th day of April, 2022. Dave Ryan, Mayor Susan Cassel, City Clerk - 334 - Schedule I 2022 Budget Tax Levy 76,083,834 2022 Calculated Tax Rates 2022 Tax Weighted & Disc City Region Education Total Pickering Region Education TOTAL RTC Phase-In Ratios Assmt Tax Rate Tax Rate Tax Rate Tax Rate Billing Billing Billing BILLING Property Class 0.00335906 0.00122457 RT Residential 17,569,640,798 1.0000 17,569,640,798 0.00335906 0.00612285 0.00153000 0.01101191 59,017,478 107,576,275 26,881,550 193,475,303 FT Farm 161,766,800 0.2000 32,353,360 0.00067181 0.00122457 0.00038250 0.00227888 108,677 198,095 61,876 368,647 TT Managed Forest 5,114,900 0.2500 1,278,725 0.00083977 0.00153071 0.00038250 0.00275298 4,295 7,829 1,956 14,081 PT Pipelines 32,582,000 1.2294 40,056,311 0.00412963 0.00752743 0.00880000 0.02045706 134,552 245,259 286,722 666,532 MT Multi-Residential 192,471,300 1.8665 359,247,681 0.00626969 0.01142831 0.00153000 0.01922800 1,206,735 2,199,622 294,481 3,700,838 CT Commercial 1,031,979,313 1.4500 1,496,370,004 0.00487064 0.00887813 0.00880000 0.02254877 5,026,400 9,162,046 9,081,418 23,269,864 CU Commercial - Excess Land 24,139,951 1.4500 35,002,929 0.00487064 0.00887813 0.00880000 0.02254877 117,577 214,318 212,432 544,326 CX Commercial Vacant Land 33,775,300 1.4500 48,974,185 0.00487064 0.00887813 0.00880000 0.02254877 164,507 299,862 297,223 761,591 XT Commercial (New Construction) Full 293,907,175 1.4500 426,165,404 0.00487064 0.00887813 0.00880000 0.02254877 1,431,516 2,609,346 2,586,383 6,627,245 XU Commercial (New Construction) Exc Land 5,405,825 1.4500 7,838,446 0.00487064 0.00887813 0.00880000 0.02254877 26,330 47,994 47,571 121,895 ST Shopping Centres 634,914,891 1.4500 920,626,592 0.00487064 0.00887813 0.00880000 0.02254877 3,092,442 5,636,857 5,587,251 14,316,550 SU Shopping Centres Excess Land 1,643,658 1.4500 2,383,304 0.00487064 0.00887813 0.00880000 0.02254877 8,006 14,593 14,464 37,062 ZT Shopping Centre (New Construction) 62,465,800 1.4500 90,575,410 0.00487064 0.00887813 0.00880000 0.02254877 304,248 554,579 549,699 1,408,527 ZU Shopping Ctr Exc Land (New Construction) 88,000 1.4500 127,600 0.00487064 0.00887813 0.00880000 0.02254877 429 781 774 1,984 DT Office Building 81,192,264 1.4500 117,728,783 0.00487064 0.00887813 0.00880000 0.02254877 395,458 720,835 714,492 1,830,786 GT Parking Lot 2,098,900 1.4500 3,043,405 0.00487064 0.00887813 0.00880000 0.02254877 10,223 18,634 18,470 47,328 IT Industrial 191,075,283 2.0235 386,640,835 0.00679706 0.01238959 0.00880000 0.02798665 1,298,750 2,367,344 1,681,462 5,347,557 JT Industrial (New Construction) 13,004,100 2.0235 26,313,796 0.00679706 0.01238959 0.00880000 0.02798665 88,390 161,115 114,436 363,941 IU Industrial Excess Land 1,100,858 2.0235 2,227,586 0.00679706 0.01238959 0.00880000 0.02798665 7,483 13,639 9,688 30,809 IX Industrial Vacant Land 15,744,600 2.0235 31,859,198 0.00679706 0.01238959 0.00880000 0.02798665 107,017 195,069 138,552 440,639 JU Industrial Excess Land (New Construction) 1,986,700 2.0235 4,020,087 0.00679706 0.01238959 0.00880000 0.02798665 13,504 24,614 17,483 55,601 LT Large Industrial 48,518,500 2.0235 98,177,185 0.00679706 0.01238959 0.00880000 0.02798665 329,783 601,124 426,963 1,357,870 LU Large Industrial - Excess Land 1,615,400 2.0235 3,268,762 0.00679706 0.01238959 0.00880000 0.02798665 10,980 20,014 14,216 45,210 KT Large Industrial (New Construction) 17,266,000 2.0235 34,937,751 0.00679706 0.01238959 0.00880000 0.02798665 117,358 213,919 151,941 483,217 Total Taxable 20,423,498,316 21,738,858,138 73,022,137 133,103,765 49,191,504 255,317,405 Payments in Lieu Properties RF Residential 168,286,200 1.0000 168,286,200 0.00335906 0.00612285 0.00153000 0.01101191 565,283 1,030,391 257,478 1,853,152 RP Residential - Tax Tenant 42,522,900 1.0000 42,522,900 0.00335906 0.00612285 0.00153000 0.01101191 142,837 260,361 65,060 468,258 RG Residential - General 59,035,000 1.0000 59,035,000 0.00335906 0.00612285 0.00000000 0.00948191 198,302 361,462 0 559,765 RH Residential - Full Shared PIL 240,200 1.0000 240,200 0.00335906 0.00612285 0.00153000 0.01101191 807 1,471 368 2,645 FF Farm 119,182,900 0.2000 23,836,580 0.00067181 0.00122457 0.00038250 0.00227888 80,068 145,948 45,587 271,604 FP Farm - Tax Tenant 20,164,600 0.2000 4,032,920 0.00067181 0.00122457 0.00038250 0.00227888 13,547 24,693 7,713 45,953 CF Commercial Full 131,888,800 1.4500 191,238,760 0.00487064 0.00887813 0.00980000 0.02354877 642,383 1,170,926 1,292,510 3,105,819 CH Commercial Full - Shared PIL 42,270,350 1.4500 61,292,008 0.00487064 0.00887813 0.00980000 0.02354877 205,884 375,282 414,249 995,415 CP Commercial Full - Tax. Tenant 1,663,800 1.4500 2,412,510 0.00487064 0.00887813 0.00980000 0.02354877 8,104 14,771 16,305 39,180 CG Commercial General 49,487,900 1.4500 71,757,455 0.00487064 0.00887813 0.00000000 0.01374877 241,038 439,360 0 680,398 CV Commercial Full - Excess Land 2,478,100 1.4500 3,593,245 0.00487064 0.00887813 0.00980000 0.02354877 12,070 22,001 24,285 58,356 CW Commercial General Excess Land 1,833,900 1.4500 2,659,155 0.00487064 0.00887813 0.00000000 0.01374877 8,932 16,282 0 25,214 CZ Commercial Gen - Vacant Land 3,888,000 1.4500 5,637,600 0.00487064 0.00887813 0.00000000 0.01374877 18,937 34,518 0 53,455 CJ Commercial - Vacant Land Shared PIL -1.4500 -0.00487064 0.00887813 0.00980000 0.02354877 ---- DH Office Building Full - Shared PIL 27,365,915 1.4500 39,680,577 0.00487064 0.00887813 0.00980000 0.02354877 133,290 242,958 268,186 644,434 IG Industrial General PIL 69,000 2.0235 139,622 0.00679706 0.01238959 0.00000000 0.01918665 469 855 0 1,324 IH Industrial Full- Shared PIL 23,431,800 2.0235 47,414,247 0.00679706 0.01238959 0.01250000 0.03168665 159,267 290,310 292,898 742,475 IP Industrial Full- Tax Tenant 280,900 2.0235 568,401 0.00679706 0.01238959 0.01250000 0.03168665 1,909 3,480 3,511 8,901 IK Ind. Excess Land - Shared PIL 2,576,600 2.0235 5,213,750 0.00679706 0.01238959 0.01250000 0.03168665 17,513 31,923 32,208 81,644 IQ Ind. Excess Land Tax Tenant PIL -2.0235 -0.00679706 0.01238959 0.01250000 0.03168665 ---- IJ Industrial Vacant Land Shared PIL 3,110,000 2.0235 6,293,085 0.00679706 0.01238959 0.01250000 0.03168665 21,139 38,532 38,875 98,545 IZ Industrial Vacant Land General PIL 515,000 2.0235 1,042,103 0.00679706 0.01238959 0.00000000 0.01918665 3,500 6,381 0 9,881 LK Large Ind. Excess Land - Shared PIL 7,874,600 2.0235 15,934,253 0.00679706 0.01238959 0.01250000 0.03168665 53,524 97,563 98,433 249,520 LI Large Ind. Water Intake - Shared PIL 9,865,200 2.0235 19,962,232 0.00679706 0.01238959 0.01250000 0.03168665 67,054 122,226 123,315 312,595 LS Large Ind. Generating Station - Shared PIL 24,048,900 2.0235 48,662,949 0.00679706 0.01238959 0.01250000 0.03168665 163,462 297,956 300,611 762,029 LN Large Ind. Non-Gen Stn - Shared PIL 44,501,635 2.0235 90,049,058 0.00679706 0.01238959 0.01250000 0.03168665 302,480 551,357 556,270 1,410,108 Total PILS 786,582,200 911,504,810 3,061,800 5,581,007 3,837,863 12,480,670 Grand Totals 21,210,080,516 22,650,362,947 76,083,937 138,684,772 53,029,366 267,798,075 - 335 - Report to Council Report Number: LEG 10-22 Date: April 25, 2022 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Intergovernmental Partnership to Improve Digital Infrastructure and Address the Digital Divide -File: A-3700 Recommendation: 1. That the Government of Ontario be requested to: a. Ensure that incremental investments in broadband from other orders of government are made in urban areas and directed to fill gaps in the GTHA; b. Identify Provincially owned fibre assets that can be leveraged to help close the digital divide – such as schools, hospitals and traffic corridors; c. Review existing legislation to include provisions on open access to telecommunications cabling and trenching activities for all developments; 2. That the Government of Canada be requested to: a. Ensure that incremental investments in broadband from other orders of government are made in urban areas and directed to fill gaps in the GTHA; b. Recognize high-speed internet as an essential service, including a definition for affordability that combines fixed and mobile costs as a percentage of household income; c. Collect and share local level data on assets, internet speeds, and service terminations/collection activities, in cooperation with internet service providers (ISPs); d. Request that the Canadian Radio-communications and Telecommunications Commission examine supports for municipal carriers who wish to promote access to their fibre broadband networks for public and private service providers; 3. That this Report be forwarded to the Federation of Canadian Municipalities, the Association of Municipalities of Ontario, the Premier of Ontario and the Prime Minister; and 4. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this Report. - 336 - LEG 10-22 April 25, 2022 Subject: Intergovernmental Partnership to Improve Digital Infrastructure and Address the Digital Divide Page 2 Executive Summary: This Report recommends that City Council make requests to the Provincial and Federal governments to improve the City's ability to address the digital divide – the gap between households who have reliable and affordable access to digital technologies and the internet, and those who do not – through improved digital infrastructure, as well as for other orders of government to make policy changes and investments that will improve digital connectivity for residents and businesses. Access to high-speed internet is necessary for residents to equitably participate in the economy and in day-to-day life. Not all residents have sufficient internet service. For example, in Toronto approximately 30% of low-income households struggle with the costs of internet, and half of low-income households with no internet connection cite costs as the primary barrier (Brookfield, 2021). According the CRTC, households in the lowest income quintile spend five times more on telecommunications services than those in the highest income quintile, this represents approximately 9% of annual household income in the lowest tier versus 1.8% in the highest. The inability to access high-speed internet impairs residents' ability to participate in the economy, receive essential services such as education and healthcare, and participate fully in their communities. The pandemic has highlighted gaps, vulnerabilities and the need for adequate internet services to be more accessible and affordable for everyone. Urban and rural communities are both impacted by the digital divide. In urban areas, the challenge is predominantly one of affordability and of lower quality services provided in communities where there are limited market incentives for internet service providers (ISPs) to invest in high capacity, and more costly infrastructure. In rural areas, in addition to affordability challenges, there is often a lack of primary digital infrastructure necessary to connect households to high-speed internet. This is despite significant Federal and Provincial government investments in expanding rural digital infrastructure as well as their policy decisions and modest ongoing programs that lower costs for consumers including low-income households. Targeted investments are needed in broadband across the Greater Toronto and Hamilton Area’s (GTHA) urban and rural communities, including incremental investments into urban areas that are not currently benefiting from Provincial and Federal funding for improved digital infrastructure. Municipal, Provincial, and Federal governments have an opportunity to work in partnership with each other and the private sector to bridge the digital divide and better enable residents to participate in the economic and social fabric of the City and of the entire GTHA. Municipalities have a role in achieving this by leveraging municipally-owned fibre in partnership with the broader public and private sectors while ensuring deployment in the right-of-way continues to balance multiple policy objectives. This Report has been prepared jointly by the members of the Greater Toronto and Hamilton Area Digital Working Group, which consists of representatives from Regional Municipality of Durham, Regional Municipality of Halton, Regional Municipality of Peel, Regional Municipality of York, City of Brampton, City of Hamilton, City of Mississauga, Town of Oakville, City of Pickering, and City of Toronto. A Report substantially in this form, together with the above Recommendations, is being presented to the Council of each GTHA Digital Working Group - 337 - LEG 10-22 April 25, 2022 Subject: Intergovernmental Partnership to Improve Digital Infrastructure and Address the Digital Divide Page 3 Member municipality. City of Pickering staff recommend that City Council approve the Recommendations in this Report. Financial Implications: There are no financial implications arising from this Report. Discussion: Digital equality – the equal opportunity for all individuals to benefit from the economic, social, and educational potential of digital technologies and internet connectivity – is a precondition for the health and well-being of our residents, visitors and for cities as a whole. Precarious and unaffordable internet connectivity makes finding employment, obtaining education, and accessing essential services more challenging. It compounds the risk of broader, knock-on costs associated with poverty, including costs absorbed by healthcare, social, and housing services. Digital access and affordability barriers correlate to underlying issues of social equity; with low- income, racialized, and elderly communities having fewer options for reliable broadband access available to them. The COVID-19 pandemic has highlighted and amplified the consequences of precarious and insufficient access to household internet; with significant costs absorbed by public schools and libraries through their efforts to bridge connectivity gaps in low-income communities. • Families on fixed income, such as Ontario Works or Ontario Disability Support Program, are forced to make difficult decisions between rent, food, and internet. • Low-income households are often forced to choose between fixed or mobile connectivity when faced with combined costs that exceed their ability to pay. • The cost of connectivity is not equitable across the GTHA, with some residents in remote/rural locations forced to use expensive cellular services because wired internet services are poor quality or non-existent. • While internet service providers offer reduced rate programs for low-income households, these services do not support the download and upload speeds required to support working remotely or participation in online schooling. • During lockdown periods, students were directed to online schooling. Families with no internet service found that the only way for their children to participate in online school was to take their van full of kids – even in inclement weather – to the local public library or restaurant and remain in their parked cars and access the Wi-Fi services of these establishments. • The digital divide can create heightened feelings of isolation. Community members can become disengaged with places of worship and community culture centres when they have no means to join virtually. Seniors living in long-term care feel isolated when they cannot have in-person visits with loved ones and have no access to a computer to connect virtually. - 338 - LEG 10-22 April 25, 2022 Subject: Intergovernmental Partnership to Improve Digital Infrastructure and Address the Digital Divide Page 4 • Community organizations face barriers in delivering services to their clients when the community organization itself cannot access high-speed internet. • GTHA municipalities continue to learn about the issues that our communities and residents face on a daily basis, and these issues will persist beyond the pandemic. Municipal Role Municipalities are well positioned to improve digital equity by leveraging public assets for public good. Although municipalities have traditionally been absent in oversight and public policy surrounding Canada's broadband service market, cities do have a vital role to play in achieving digital equality, and ensuring their communities are well served. Municipalities have an opportunity to adopt a forward-looking policy position that recognizes broadband internet as an essential service, one that must be available regardless of financial means or circumstances. This policy position is not intended as a means of overseeing, competing with, or compromising the activities of incumbent ISPs; these entities are strictly regulated by the Federal government. Adopting the principle that broadband internet is an essential service signals a municipality's intention to leverage its assets and expertise in public service delivery to work within the CRTC's regulatory framework in an effort to enhance local competition, and support digital access for communities in need. Inequality in the availability and affordability of essential services are issues highlighted across a range of existing municipal operations and activities; including in public transportation, education, housing, and public health. Municipal policy and planning activities have recognized the interconnected nature of the services traditionally delivered by municipalities. For example, the public health outcomes associated with lack of affordable housing and transportation inequity. Municipal investment in digital infrastructure and services has the potential to enhance efficiencies in municipal operations and services, facilitate job creation in industries that rely on high-quality broadband, and create a supportive environment for economic growth and prosperity. Municipalities across the GTHA have been working together to build back better. Municipal staff have been having focused discussions and collaboration to determine how the region can best address the digital divide, in partnership with other governments and the private sector. Through this partnership, senior staff of GTHA municipalities have shared their experiences, approaches and rationales for the deployment of fibre broadband infrastructure. They have also shared data and resources to better understand gaps in broadband availability and affordability across the GTHA, as well as reviewed delivery models for Municipal Broadband Network (MBN) deployment. GTHA municipalities have identified key policy, legislative and regulatory changes that could be made by the Provincial and Federal governments to better enable all governments to address the digital divide. Provincial and Federal policy objectives, such as healthcare, education, economic development, and access to justice – are enhanced when more residents and businesses are connected to high-speed internet. - 339 - LEG 10-22 April 25, 2022 Subject: Intergovernmental Partnership to Improve Digital Infrastructure and Address the Digital Divide Page 5 Invest in the GTHA There is an opportunity for the Provincial and Federal governments to ensure that incremental investments in broadband are made in urban areas and directed to fill gaps in the GTHA. The Provincial and Federal governments have made positive, much needed investments in broadband, including: • a commitment of nearly $4 billion by the Provincial government to achieve universal connectivity across Ontario; • a Joint investment of $362 million to enhanced delivery of high-speed internet in Eastern Ontario; and, • $14.7 million in approved funding for rural and First Nations high-speed internet through Ontario's Improving Connectivity for Ontario (ICON) program. Investments are largely focused on rural communities, which have more limited broadband access compared to urban centres. Residents in urban centres also face a significant barriers to obtaining and maintaining household connectivity. Affordability in urban areas remains problematic, with low-income households (>$30,000 per year) devoting an average of 10% of their incomes to maintaining connectivity (Communications Monitoring Report, 2019; Brookfield Institute, 2021). While governments have implemented programs to provide more affordable internet services to low-income households, these often take the form of discounted service packages with reduced internet speeds. These initiatives have not been sufficient to meaningfully address the affordability challenge faced by many households. Private ISP's have no obligations to maintain these programs over the long-term, posing a risk for low-income households who may come to depend on them. The Federal government’s Connectivity Strategy has set 50/10 Mbps (upload/download) as a minimum speed for Canadians. Many residents in the GTHA receive speeds below this minimum. As shown in Figure 1, residents in significant portions of the GTHA indicate gaps in the availability of 50/10Mbps internet service in urban areas, despite the existence of digital infrastructure in neighbourhoods that have the capacity to provide these internet speeds. The map on the left depicts where 50/10 Mbps internet speeds area available,1 while the map on the right depicts residents' self-reported internet speeds using public diagnostic tools.2 In addition to rural communities that are generally known to lack high-speed internet access, large areas in urban centres also lack adequate connectivity. In August 2021, the Governments of Canada and Ontario announced an investment of $230 million to bring high-speed internet to Central Ontario. The blue dots on the below maps 1 Data was derived from the National Broadband Data -Roads dataset downloaded from the Canadian Government's Open Data Portal (data extract last updated March 2020) 2 Data retrieved from Measurement Lab’s (M-Lab) Network Diagnostic Tool between January and April 2021, which collects speed test data from a variety of common speed test platforms. - 340 - LEG 10-22 April 25, 2022 Subject: Intergovernmental Partnership to Improve Digital Infrastructure and Address the Digital Divide Page 6 indicate communities benefiting from this funding in the GTHA.3 While many rural communities are receiving needed investments, there is an opportunity to make incremental digital infrastructure investments in urban areas of the GTHA. Figure 1: Internet Speeds across the GTHA There are opportunities to make investments in broadband infrastructure in the GTHA to improve broadband access, quality, and affordability. Broadband funding is most impactful when it is non-discretionary, directed at communities where there is evidence-based and demonstrable need, and where local competition between service providers is enhanced. Many rural areas of the GTHA meet these criteria and Provincial and Federal investments are needed. In addition, in many urban areas it can be cost prohibitive for ISPs to deploy higher capacity fibre infrastructure, especially in neighbourhoods comprised of older multi-dwelling units. In these scenarios, incumbent service providers have few market incentives to upgrade legacy infrastructure where higher cost services are otherwise unaffordable for low-income households. This dilemma is compounded where there are little to no local competitors. Investments from Provincial and Federal governments to subsidize upgrading of legacy 3 Data retrieved from https://news.ontario.ca/en/backgrounder/1000678/ontario-and-canada-bringing-high-speed- internet-to-central-ontario - 341 - LEG 10-22 April 25, 2022 Subject: Intergovernmental Partnership to Improve Digital Infrastructure and Address the Digital Divide Page 7 infrastructure, and incentivize new ISPs to deploy additional fibre, can improve the affordability of high-speed internet for low-income urban households. Enable municipalities to invest in and use existing fibre more effectively GTHA municipalities own broadband fibre across the GTHA. Municipalities across the GTHA have identified and mapped municipally owned fibre that may be leveraged, to help close the digital divide. The purpose and use of municipally-owned fibre varies across the region. Some municipalities primarily utilize their fibre to support municipal operations, such as transit systems and traffic management systems. Other municipalities have developed delivery models to allow private internet service providers to lease the use of municipally-owned fibre to provide high-speed internet services to residents without incurring the significant costs of deploying "middle mile" fibre infrastructure themselves. These cost savings can then be passed on to the customer. Open access models such as this, where private ISP's provide residential and business services by connecting to municipally owned fibre broadband networks, are examples of public sector investments being leveraged to provide affordable high-speed internet to residents. Municipalities are not taking on the role of an ISP, but rather working within the existing competitive market to enhance competition and lower costs. Identify Provincially owned fibre that can be leveraged to help close the digital divide GTHA municipalities would benefit from the Province identifying Provincially owned fibre assets that can be leveraged to help close the digital divide. Provincially-owed fibre – for example at hospitals, universities, colleges, and regional transit – can be used for to help address the digital divide. By identifying where Provincially-owned fibre exists across the GTHA, municipalities could work with the broader public sector to leverage our collective fibre assets. The Province could play a leadership role by supporting the identification and mapping of this fibre. In turn, the Province could work with municipalities to leverage collectively owned fibre and work in partnership with ISPs to address the digital divide. Collect and share local level data GTHA municipalities would be better positioned to invest in and use municipally-owned fibre more effectively if the Federal government collects and shares local level data on assets, internet speeds, and service terminations/collection activities, in cooperation with internet service providers (ISPs). Internet service disconnections resulting from inability-to-pay are problematic, especially for low-income households with children. Research indicates internet service disconnections can compromise a low-income household's ability to work within already strained household budgets. Cities do not have access to this data from ISPs. This inhibits municipalities' ability to make data-informed decisions on how to most effectively leverage municipal resources and municipally-owned fibre to address the digital divide. Having access into ISPs assets, internet speeds available across the region, and data on service terminations, along with mapping of Provincially owned fibre, would better enable municipalities to make targeted investments and work with service providers more effectively to ensure residents receive adequate internet connectivity. The competitive interests of ISPs – who benefit from significant investments of public capital and resources – can still be maintained with data sharing agreements containing appropriate non-disclosure provisions. - 342 - LEG 10-22 April 25, 2022 Subject: Intergovernmental Partnership to Improve Digital Infrastructure and Address the Digital Divide Page 8 Enable municipalities to more easily promote access to their fibre The Federal government has an opportunity to enable municipalities to more easily promote access to their fibre for public and private services by requesting the CRTC to define municipal entities as a special class of carrier subject to exemption from sections of the Telecommunications Act, and with specific conditions related to service capacity. The CRTC has the authority under the Telecommunications Act to exempt classes of carriers from obligations under the Act if it deems doing so is in the public interest. Currently, cities can be perceived as having an undue advantage compared to ISPs when using their broadband to provide access to residents. Defining municipal entities as a special class of carrier subject to exemptions under the Telecommunications Act would create more options and flexibility for cities in providing broadband services on their own networks, especially in markets dominated by incumbents. No revisions to the Telecommunications Act are requested, rather, GTHA municipalities request clear guidelines for the CRTC in adjudicating on matters related to municipal carrier entrants to the internet service market (i.e. as facilities based resellers). This could be accomplished through an exemption order made by the CRTC. Non-dominant service providers constitute a fraction of revenues from national telecommunications services. Municipal carrier entrants, operating under strict capacity and revenue conditions, would not enjoy undue advantage nor pose a risk of disrupting competition in their local markets. Ensure that new developments include digital infrastructure GTHA residents would benefit from the Provincial government reviewing legislation to include provisions on open access to telecommunications cabling and trenching activities for all developments. This could be achieved by amending the Planning Act, Section 41 (Site Plan Approval) and Section 51 (Subdivision Approval). Developers currently submit development coordination plans, but there is no requirement for this plan to include details about how a new development will be connected to the internet. Currently, developers may negotiate exclusive access agreements with preferred ISPs, which reduces competition and options available to residents. In the case of multi-unit dwellings, these agreements risk contravening provisions in the Telecommunications Act meant to prevent anti-competitive practices. Amending sections 41 and 51 of the Planning Act to require internet connectivity as a component of development approvals would give municipalities the ability to ensure that all new development includes the digital infrastructure that residents and businesses need to thrive and compete in the digital economy. GTHA municipalities will collaborate with appropriate stakeholders to ensure these changes are implemented effectively. Requiring internet connectivity could take the form of ensuring that all new development have adequate conduits that can be used for fibre optic cable, along with the usual duct bank. This would give municipal planners a role in closing the digital divide by ensuring that all developments have proper connectivity. Well planned developments typically include adequate internet connectivity; however making it a requirement would ensure high-speed internet in all new developments and prevent both anti-competitive practices and the continued use of outdated technology such as co-axial cable connections. New, innovative technology, such as 5G, will - 343 - LEG 10-22 April 25, 2022 Subject: Intergovernmental Partnership to Improve Digital Infrastructure and Address the Digital Divide Page 9 require extensive hard-wired fibre optic connectivity. This proactive requirement would avoid further risk to already congested public rights-of-way, particularly in the GTHA's downtowns and urban centres – including in designated Urban Growth Centres such as Pickering. Given the essential nature of an internet connection, it is important that connectivity be recognized as an important planning feature, in the same way that we plan for other essential infrastructure such as sewer and water connections. Adding connectivity to the planning approval process will also enable municipalities to help deliver on key Provincial policy objectives including remote delivery of health care services and accelerated access to justice with expansion of remote hearings and digital case management. Recognize broadband as an essential service A firm Federal position is still required to recognize high-speed internet access as an essential service, with a commitment to ensure access regardless of financial means. Such a declaration is most effective coming from the CRTC, as opposed to Provincial or Municipal governments who have little to no regulatory authority in telecommunications. The CRTC has the most impactful legislative and policy tools available to ensure access. In 2016, the CRTC defined broadband as a "basic" service, signaling the Commission's intention that the service should be universally available to households. The CRTC did not, however, exercise its authority to direct network deployments, and has not compelled ISPs to provide broadband to all households. By declaring broadband access as an essential service, it would be given the prominence of other services deemed vital to health, safety and societal functioning, and provide a rationale for direct statutory intervention in its provisioning and pricing. A focused effort on the affordability of high-speed internet is critical to address the digital divide. Across the GTHA, and especially in urban areas, the inability for residents to access adequate connectivity is often a result of unaffordable prices for low-income households. A foundational step in addressing affordability is creating a definition for affordability that combines fixed and mobile costs as a percentage of household income. This should be set by the Federal government. Currently, there is no accepted definition of affordable internet service. Unlike parallel essential utilities and services (e.g., electricity), retail broadband pricing does not benefit from direct regulatory oversight. A definition of affordability would, however, create a critical target for government and private sector partners to aim for. According to the CRTC, fixed and mobile internet costs average 6% for low-income households versus 1.5% for higher-income users. Attachments: 1. Brookfield, 2021: Mapping Toronto's Digital Divide. 2. Communications Monitoring Report, 2019. - 344 - LEG 10-22 April 25, 2022 Subject: Intergovernmental Partnership to Improve Digital Infrastructure and Address the Digital Divide Page 10 Prepared/Endorsed By: Original Signed By: Paul Bigioni Director, Corporate Services & City Solicitor PB:ks Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 345 - brookfield institute for Innovation+ entrepreneurship Attachment #1 to Report LEG 10-22 4/19/22, 3:57 PM Mapping Toronto’s Digital Divide – Brookfield Institute for Innovation + Entrepreneurship REPORT Mapping Toronto’s Digital Divide This report analyzes Toronto's home internet and device access, quality, affordability, and usage, during pandemic closures of businesses, schools, and community organizations. Illustration by: Zaynab Choudhry About the Report The digital divide in Canada is often described as an urban-rural divide. There are acute disparities in access to broadband internet in many parts of rural and remote Canada, and progress has been relatively slow in closing those gaps. In Toronto — Canada’s largest city, https://brookfieldinstitute.ca/mapping-torontos-digital-divide/ 1/8 - 346 - Ryerson Leadership LabRyerson Leadership LabRyerson Leadership LabRyerson Leadership Lab 4/19/22, 3:57 PM Mapping Toronto’s Digital Divide – Brookfield Institute for Innovation + Entrepreneurship with access to the nation’s fastest internet service— approximately 95% of residents had access to home internet service according to a 2018 Statistics Canada study, an overall access rate equivalent to other urban areas in Ontario, and significantly higher than the 90% access rate outside of metropolitan areas. However, this overall rate can mask critical dimensions of Toronto’s digital divide — who is not connected and why, and whether the internet access of those who are connected is sufficient and affordable. The Canadian Radio-television and Telecommunication Commission (CRTC) declared the internet a basic service in 2016, but reliable, affordable, sufficiently fast connectivity, and the devices and literacy needed to use it, is still often plagued by disparities that often map onto other socioeconomic inequalities. In the COVID-19 pandemic, Toronto, like many other jurisdictions around the world, has experienced varying levels of public service and business closures, or capacity and use limits as part of public health responses to the global pandemic. This included schools, public libraries, employment centres, community drop-in spaces, cafes and restaurants where internet and/or computers are available. At the same time, the need for internet and personal devices, such as computers, smartphones or tablets that enable access to the internet, has expanded as work, education, health care, services and social interactions in general have shifted remotely to reduce in-person interactions. Home internet and internet-enabled devices make it possible for many to isolate or quarantine; to reduce their contacts and risk of illness; and to remain connected to family, friends, work, school and services. To get an up-to-date and detailed understanding of the digital divide, or rather a series of divides, a joint Brookfield Institute and Ryerson Leadership Lab team surveyed Toronto residents on their home internet and internet-enabled devices, affordability, speed, quality, usage, and the impacts of not having access at home. Our findings, particularly in the context of the digital shift during the pandemic, reinforce the need to continue scaling programs to close the remaining gaps in internet and device access. They also highlight notable gaps in internet quality and affordability along lines of income, age and race that urgently require greater policy and programmatic response. Read this report to help you: Understand the demographics and geographies of who is not connected or cannot afford • home internet in Toronto, with comparisons to provincial and national data, how they get online, and where in Toronto they live. • Unpack the digital divide beyond basic access: speed, affordability, quality, and devices per household member. • Identify gaps in existing programs and services meant to close the digital divide. https://brookfieldinstitute.ca/mapping-torontos-digital-divide/ 2/8 - 347 - 4/19/22, 3:57 PM Mapping Toronto’s Digital Divide – Brookfield Institute for Innovation + Entrepreneurship Key findings from the report: • 98% of Toronto households have home internet access, but 38% of households report download speeds below the Canadian Radio-television and Telecommunications Commission (CRTC) national target of 50 megabits per second (Mbps). Half of Toronto’s low-income households (52%) and of those aged 60 and older (48%) report download speeds below the national target of 50 Mbps. • 34% of Toronto households are worried about paying their home internet bills over the next few months, with rates of worry greatest among low-income, newcomer, single parent, Latin American, South Asian, Black and Southeast Asian residents. Of the 2% of Toronto households not connected to home internet, half are not connected due to the cost, and 61% say it is impacting their ability to access critical services and information. • Those aged 60 and older have lower rates of access to home internet (95%) and are more likely to lack a device that can connect to the internet, compared to younger residents. • 42% of those in Toronto without home internet access use the public library for access, compared to 16% overall. • Toronto households earning under $50,000 have less than one computer for each person (average of 0.7 computers per person), lower than the national average of 1.0; and 15% of households with less than $20,000 income and 20% of those aged 60 and older do not have a smartphone. Latest Commentary COMMENTARY The Unfinished Business of Budget 2022 COMMENTARY Navigating Canada’s scale-up landscape COMMENTARY Qualitative Data: Real-time interviews are critical to well-rounded research https://brookfieldinstitute.ca/mapping-torontos-digital-divide/ 3/8 - 348 - digital literacydigital literacydigital literacydigital literacy 4/19/22, 3:57 PM Mapping Toronto’s Digital Divide – Brookfield Institute for Innovation + Entrepreneurship Methodology This research study used a mixed-method approach to explore the digital divide in the City of Toronto. Data were collected through anonymous voluntary surveys online and by phone to 2,500 Toronto residents aged 16 and older in November/December 2020. As previous research indicated that low-income households and older adults were least likely to have internet access and to be underrepresented in online surveys, the telephone survey sample targeted select forward sortation areas that had the highest incidence of low-income households and/or older adults as of the 2016 census. The study used a national survey conducted by the Ryerson Leadership Lab in Spring 2020 to compare the Toronto results and builds on the Brookfield Institute’s past body of work on digital literacy and the Ryerson Leadership Lab’s work on the responsible governance of technology. Additional data were also collected and analyzed from Statistics Canada, Toronto school boards, the Toronto Public Library and the federal government’s Connecting Families initiative. Our Partner https://brookfieldinstitute.ca/mapping-torontos-digital-divide/ 4/8 - 349 - Zaynab Choudhry, Design Lead, Ryerson Leadership LabZaynab Choudhry, Design Lead, Ryerson Leadership LabZaynab Choudhry, Design Lead, Ryerson Leadership LabZaynab Choudhry, Design Lead, Ryerson Leadership Lab Braelyn Guppy, Marketing and Communications Lead, Ryerson Leadership LabBraelyn Guppy, Marketing and Communications Lead, Ryerson Leadership LabBraelyn Guppy, Marketing and Communications Lead, Ryerson Leadership LabBraelyn Guppy, Marketing and Communications Lead, Ryerson Leadership Lab Sarah Doyle, Director of Policy + Research, BII+ESarah Doyle, Director of Policy + Research, BII+ESarah Doyle, Director of Policy + Research, BII+ESarah Doyle, Director of Policy + Research, BII+E MTORONTO 4/19/22, 3:57 PM Mapping Toronto’s Digital Divide – Brookfield Institute for Innovation + Entrepreneurship Our Funder This project was made possible in part by funding from the City of Toronto. In June 2020, the Mayor’s Economic Support and Recovery Task Force identified opportunities to collaboratively undertake research to address urgent COVID-19 needs with Toronto’s eight universities and colleges through the CivicLabTO program. Our Contributors • Zaynab Choudhry, Design Lead, Ryerson Leadership Lab • Braelyn Guppy, Marketing and Communications Lead, Ryerson Leadership Lab • Sarah Doyle, Director of Policy + Research, BII+E Related Content https://brookfieldinstitute.ca/mapping-torontos-digital-divide/ 5/8 - 350 - 4/19/22, 3:57 PM Mapping Toronto’s Digital Divide – Brookfield Institute for Innovation + Entrepreneurship REPORT Plugging In: Empowering communities to ensure digital literacy access for youth ANNALISE HUYNH + NISA MALLI REPORT I, Human: The digital and soft skills driving Canada’s labour market CREIG LAMB + VIET VU + ROB WILLOUGHBY COMMENTARY Canada’s coding classes prepare kids for the future — but many are left behind NISA MALLI https://brookfieldinstitute.ca/mapping-torontos-digital-divide/ 6/8 - 351 - 4/19/22, 3:57 PM Mapping Toronto’s Digital Divide – Brookfield Institute for Innovation + Entrepreneurship REPORT Levelling Up: The quest for digital literacy ANNALISE HUYNH + NISA MALLI Sam Andrey Selasi Dorkenoo Nisa Malli BII+E Alumni Mohammed ( Joe) Masoodi January 20, 2021 Read Report PDF Print Page INCLUSIVE GROWTH https://brookfieldinstitute.ca/mapping-torontos-digital-divide/ 7/8 - 352 - 4/19/22, 3:57 PM Mapping Toronto’s Digital Divide – Brookfield Institute for Innovation + Entrepreneurship Share https://brookfieldinstitute.ca/mapping-torontos-digital-divide/ 8/8 - 353 - l ♦I Government of Canada ( Table of contents Gouvernement du Canada Canada Communications Monitoring Report 2019 .!. Download PDF (11.77 MB). Pricing in Canada ) Communications services in Canadian households: Subscriptions and expenditures 2013-2017 ------------- On this page i. Quick facts 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Canadian Radio-television and Telecommunications Commission Attachment #2 to Report LEG 10-22 Home Plans and Reports General Communications Monitoring Report 2019 Communications Monitoring Report 2019 Download PDF (11.77 MB) Table of contents Pricing in Canada Communications services in Canadian households: Subscriptions and expenditures 2013-2017 This snapshot provides an overview of the adoption of communications technologies by Canadian households from 2013-2017, and illustrates the trends in household communications expenditure. The data presented here was drawn from Statistics Canada’s Survey of Household Spending 1 and CRTC sources. Additional data on Canada’s communications industry can be found in the Commission’s 2018 Communications Monitoring Report (CMR). On this page i. Quick facts Infographic 1.1 Canadian households’ subscriptions and expenditures quick facts Subscriptions https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 1/52 - 354 - Landline 63% Growth 2016-2017 '1, 5.7% ......-._,,.. • Internet 89% Growth 2016-2017 1' 1.8% Mobile 90% Growth 2016-2017 1' 1.8% Television distribution Growth 2016-2017 '1, 3.3% 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Expenditures https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 2/52 - 355 - Iii $25.25 □ $101.00 D $52.58 Growth 2016-2017 ~8.2% Growth 2016-2017 1' 9.7% Growth 2016-2017 1' 9.4% Growth 2016-2017 ~2.2% 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Source: Statistics Canada’s Survey of Household Spending, Table 11-10-0223-01 Note: “Television distribution” refers to cable, Internet Protocol (IPTV), and satellite services used to provide television services to households. In 2017: https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 3/52 - 356 - ii. What communications services do Canadian households use? Almost all households subscribe to landline and/or mobile service Ii and/or D New Brunswick had the lowest percentage of mobile-only households ~□% Quebec had the highest percentage of land line-only households - 99.0% 15.6% 14.1% 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Canadian households continued to abandon landline telephone service in favour of mobile service, with almost a third subscribing to mobile service only. 2 Household subscriptions to television distribution services 3 continued their gradual decline, with about three-quarters of households subscribing, while the percentage of households with Internet service increased slightly to 89.0%. Canadian households spent an average of $233.00 per month on their communications services, an increase of $10.17 (4.6%) from 2016. In comparison, the average annual in ation rate in Canada was 1.6% in 2017, according to Statistics Canada. Canadian households spent more per month on mobile ($101.00) than on Internet services ($54.17), television distribution ($52.58) and landline services ($25.25). ii. What communications services do Canadian households use? Infographic 1.2 Communications services of Canadian households https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 4/52 - 357 - 19.8% of Canadian households own 3 or more mobile devices Households within the first income quintile allocate 9.1% of their annual income towards communications • services comm . • services 19.8% 9.1% 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 5/52 - 358 - Landline 63% Internet 89% Mobile 90% Television distribution 72% 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Source: Landline, mobile, and Internet subscription data from Statistics Canada, custom breakdown of Table 11- 10-0223-01. TV subscription data from CRTC data collection. https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 6/52 - 359 - 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 7/52 Within the Canadian communications system, it is important to highlight individual service subscriptions for landline, mobile, Internet, and television distribution services. Most, if not all, Canadians subscribe to one or more of these services, which play a major role in their everyday lives. This subsection reports Canadian adoption patterns by service type, income, and province. Figure 1.1 Household communications services subscriptions Mobile and landline subscriptions In 2017, slightly more households subscribed to mobile services (89.5%) than Internet services (89.0%). Nearly all Canadian households (99.0%) subscribed to either mobile or landline service in 2017 (Table 1.2), and households owned on average 1.7 mobile phones. Over the last decade, the percentage of households with landlines has decreased, while the percentage with mobile phones has increased (Figure 1.2). Fewer households are subscribing to both services – in 2017, almost a third (36.0%) of Canadian households were mobile-only households, and 9.5% had only a landline. Figure 1.2 Household subscriptions to landline and mobile services (per 100 households) ► Mobile and landline subscriptions Pe r c e n t a g e o f h o u s e h o l d s ( % ) 90 80 70 60 50 40 30 20 10 0 Landline Mobile Internet Television distribution 2013 2014 2015 2016 2017 View data Source: Landline, mobile, and Internet subscription data from Statistics Canada, custom breakdown of Table 11- 10-0223-01. TV subscription data from CRTC data collection. - 360 - 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 8/52 While the transition to widespread mobile phone use – partly as a substitute for landline service – is a long-term process, the historical data in Table 1.2 shows how rapidly Canadian households have embraced mobile phones. In 2004, landline-only households (40.0%) far exceeded their mobile-only counterparts (2.7%). However, landline and mobile penetration data show opposing trends over the last decade and a half. Take-up of mobile services surpassed that of landline services when landline dropped 5.6% between 2011 and 2012, which was exceptionally fast considering that the annual decline in landline penetration between 2004 and 2017 was 3.2%. By contrast, the number of mobile subscribers increased at the rapid rate of 4.2% between 2011 and 2012, ultimately reversing the penetration trends of both services. In 2017, 36.0% of Canadian households subscribed to mobile services only and 9.5% of households subscribed to landline services only. As mobile and landline service take-up uctuated, revenues re ected the change. From 2013 to 2017, mobile revenues increased by 4.9% annually (2018 CMR, Table 6.3) and landline revenues decreased by 5.8% annually (2018 CMR, Table 4.6). During this period, mobile revenue growth outpaced subscriber growth. Mobile data revenues generated much of the growth, as they increased at an average rate of 11.9% each year between 2013 and 2017 (2018 CMR, Figure 6.1). From 2016 to 2017 alone, average data usage per subscriber increased by 37.5% (2018 CMR, Figure 6.15), generating greater revenues per subscriber in addition to the increase in mobile subscriptions. For more insight on consumer spending habits, refer to the Canadian household communications spending section below. Figure 1.3 Mobile and landline adoption rates ► 01 100 95 90 85 80 75 70 65 60 55 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Landline Mobile View data Source: Statistics Canada’s Survey of Household Spending, custom request for a breakdown of Table 11-10-0223- - 361 - 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 9/52 Subscriptions by income quintile Infographic 1.3 Household characteristics and communications expenditures by income quintile ► Subscriptions by income quintile Pe r c e n t a g e o f h o u s e h o l d s ( % ) 2013 2014 2015 2016 2017 90 80 70 60 50 40 30 20 10 0 Landline 1 Mobile 2 Mobiles 3+ Mobiles View data Source: Statistics Canada’s Survey of Household Spending, Table: 11-10-0228-01 - 362 - • $19,852 $Oto 9.1% ($1,806) $32,914 I 1.47 • $44,725 $32,915to 5.2% ($2,304) $56,495 &2.01 • $70,794 $56,496to 4.0% ($2,852) $86,098 &2.53 • $107,287 $86,099to 3.0% ($3,202) $132,808 &2.93 • $208,203 $132,809 1.8% ($3,809) or more &3.39 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 10/52 - 363 - • • Income quintile $ Household income Average members per household Average annual income Communications expenditures as a percentage of annual income (average annual communications expenditures) Subscriptions by province Subscriptions by population 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Source: Statistics Canada’s Survey of Household Spending, Table: 11-10-0228-01 The data on telephone subscriptions by income quintile (see Table 1.1) illustrated different consumption patterns in higher- and lower-income households. While 99.0% of Canadian households had telephone service, just 2.4% of Canada’s highest-income households relied solely on a landline, compared to almost 23.9% of the lowest-income households. Forty-two percent of low-income households subscribed to mobile service only, as did about a quarter of the highest- income households. Of the ve income quintiles, households in the fth quintile changed their telephone usage habits the most in 2017. The number of landline-only households in this income quintile decreased by 29.4%. Households in the fourth income quintile changed their telephone usage habits the most when it came to exclusive use of mobile service, showing an increase of 18.3% in 2017. Financial resources appear to play a role in whether households subscribed to both mobile and landline services. Over the past ve years, households in the highest income quintile consistently recorded the lowest percentage of households subscribing to mobile services only. Conversely, households in the lowest income quintile recorded the highest percentage of households subscribing to landline services only. Subscriptions by province Subscriptions by population In 2017, 99.0% of Canadians were covered by long-term evolution (LTE) networks, and with the exception of the North, which had 63.5% coverage, every province had over 90.0% LTE coverage (2018 CMR Table 6.13). Although LTE coverage was largely available in most regions, Alberta led in terms of mobile penetration, with 91.6% of its population subscribing to mobile services (2018 https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 11/52 - 364 - Subscriptions by household Internet subscriptions and computer ownership iii. What do Canadian households spend on communications services?- 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… CMR Table 6.15). Prince Edward Island led in terms of coverage. However, it had the lowest penetration rate of the provinces (71.3%), demonstrating that the availability of a network in a certain region doesn’t necessarily translate to a higher penetration rate. Subscriptions by household While a majority of Canadians had access to LTE networks and 89.5% subscribed to mobile services, Quebec and the Atlantic provinces (New Brunswick, Nova Scotia, Prince Edward Island, and Newfoundland and Labrador) continued to have more landline service subscribers than Ontario and the Western provinces (Manitoba, Saskatchewan, Alberta, and British Columbia) (see Table 1.3). Furthermore, there were more mobile-only households in the Western provinces and Ontario than in the Atlantic provinces and Quebec, even though LTE was available to a greater percentage of the population in the Atlantic provinces (2018 CMR Table 6.13). Quebec had the highest percentage of landline-only households (14.1%) and the lowest percentage of households with mobile service (84.4%). Households in New Brunswick were the most reliant upon landlines – 83.4% had landlines and just 11.2% had mobile service only. In contrast, 43.1% of Alberta households relied on mobile service alone, and only 55.6% had landlines. Overall, the coverage of almost 97.0% of Canadians, with two or more networks, gives Canadians some options when making communications services subscription decisions. Internet subscriptions and computer ownership In 2017, 99.0% of Canadian households had access to xed broadband Internet access and 89.0% 4 of Canadian households had a home Internet subscription. Internet use from home increased slightly in all income quintiles except the fourth quintile, an overall average increase of 1.8% (see Table 1.5). The vast majority of high-income households subscribed to Internet services in 2017, compared to less than two-thirds of the lowest-income households. Internet use from home in the rst income quintile was 20.0 percentage points lower than the overall average of 89.0% and 16.3 percentage points lower than in the second income quintile. With mobile devices such as smartphones and tablets, Canadians can access the Internet from nearly any location. However, home computers still played an important role for Canadians. As Table 1.5 shows, most Canadian households had home computers (84.1%). Overall, more households owned mobile phones (89.5%) than home computers (84.1%) in 2017. This trend was more pronounced in the lower income quintiles. For example, 73.1% of Canadian households in the rst income quintile owned mobile phones (see Table 1.3), compared to 63.4% of households that owned home computers (see Table 1.5). Home computer ownership was unchanged between 2016 and 2017, except in the second income quintile, where it increased by 1.4%. iii. What do Canadian households spend on communications services? 5 https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 12/52 - 365 - Average monthly household spending on communications $233.00 0,43% Landline 11% ~ Television ':l ~f3% 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Infographic 1.4 Canadian households’ average expenditures on communications services https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 13/52 - 366 - Canadians' average spending 1 6 ➔ Mobile . services Internet services $101.00 per month $54.17 per month Average annual household income in Canada • $90,185 Spendingon 3 1% communications • O services of income 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Source: Statistics Canada’s Survey of Household Spending, Table: 11-10-0223-01 Households make decisions about the amounts they are willing to spend on communications services, with spending habits varying for many different reasons. Some habits re ect personal choice and others are in uenced by service availability, affordability, and household resources. This section focuses on household spending for various services by income, household location (urban/rural), and age, to inform a better understanding of Canadian households’ communications spending habits. Figure 1.4 Average monthly household communications services spending https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 14/52 - 367 - 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 15/52 Data on communications services spending provides insights into how communications services affect the household budget, but there are limitations when using expenditure data to assess adoption and spending patterns. The data does not re ect consumption of free services, such as over-the-air television and radio services, which remain valuable to many Canadians. The data presented here reports average expenditures and takes into account all households, including those that do not subscribe to any services. As a result, the average expenditures may over- or under- report actual spending for individual households. Most communications subscriptions, like those for television distribution, landline, and Internet services, tend to be purchased at a household level (and often in a bundle), meaning that there is a single subscription per household. However, larger households may have higher expenditures for these services (e.g. purchasing more Internet data or a broader selection of television channels). Households may have several subscriptions to mobile services. The data presented here does not allow for analysis of individual expenditures on communications services. Statistics Canada reported that average annual household incomes before taxes in Canada in 2016 and 2017 were $91,347 and $90,185 respectively. Average income increased in all income quintiles, except in the fth quintile. In 2017, the Canadian provincial average annual household income before taxes ranged from $76,820 (New Brunswick) to $111,212 (Alberta). The most signi cant shift in average household income was in Alberta, which saw a downward shift from $129,102 in 2016 to $111,212 in 2017. Throughout 2017, the average Canadian household spent $233.00 per month on communications services, an increase of $10.17 (4.6%) from 2016 (see Table 1.6). As in 2016, Internet and mobile services drove household expenditure growth and telecommunications industry revenues (see Figure 1.4). In 2017, expenditures on mobile services led in terms of annual growth (9.7%), followed by expenditures on Internet services (9.4%). These increases occurred as consumers shifted to ► $ 120 100 80 60 40 20 0 Landline Mobile Internet Television Distribution 2013 2014 2015 2016 2017 View data Source: Statistics Canada’s Survey of Household Spending, Table: 11-10-0223-01 6 - 368 - Expenditures by income quintile Average income: $19,852 (household income less than $32,914) I $21.50 $258 =1.3% of income 4D ■$53.67 $644 =3.2% of income -■$36.00 $432 =2.2% of income • ■$39.33 =2.4% $472 of income ~T -$150.50 \!I $1,806 =9.1% of income 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… services offering higher Internet speeds and more mobile data. (See Retail Fixed Internet Sector and Broadband Availability and Retail Mobile Sector in the 2018 CMR for more details on Internet and mobile services respectively.) Expenditures by income quintile Infographic 1.5 Household expenditures on communications services by income quintile https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 16/52 - 369 - Average income: $208,203 (household income over $132,809) I $29.08 -$349 m -$154.75 • ■$65.50 (;) ■$68.08 0 $317.42 $1,857 $786 $817 =0.2% of income =0.9% of income =0.4% of income =0.4% of income = 1.8% of income 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 17/52 - 370 - • Quintile of income Monthly expenditures Annual expenditures 0 Communications expenditures as a percentage of annual income 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Source: Statistics Canada’s Survey of Household Spending, Table: 11-10-0228-01 See Table 1.6 on Open Data for data of all quintiles In 2017, similar to previous years, household incomes in the fth quintile were approximately 10.5 times higher than those in the rst quintile, while expenditures on communications services as a percentage of household income were about ve times higher in the rst quintile than in the fth. Annual expenditures on communications services represented 9.1% of the average income of households in the rst quintile, compared to only 1.8% of the average income of households in the fth quintile. While there was considerable variance among the average amounts spent by Canadians in each income quintile, households tended to devote a larger proportion of their communications services budget to either mobile or television distribution services. On average, household spending on television distribution services decreased by 2.2% from 2016 to 2017, while average household spending on landline telephone services decreased by 8.2% during the same period. During the same period, household spending on mobile, Internet, and overall communications services continued to grow. Overall, households spent the most on mobile services ($101.00 per month on average; see Figure 1.4). On average, for all income quintiles, spending on landline services declined from 2013 to 2017 at a compound annual growth rate (CAGR) of ‑8.2%. However, average expenditures on Internet services showed the largest growth (9.4%) between 2016 and 2017, and the highest 2013 to 2017 CAGR (7.4%), for all income quintiles (Table 1.6). Households in the highest income quintiles spent more on communications services than those in the lower income quintiles. Household expenditures increased across all quintiles between 2016 and 2017, with expenditures in households in the rst income quintile increasing the most (7.4%). https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 18/52 - 371 - Average monthly expenditures by location -urban centres -vs. rural communities - Average monthly spending by households in 2017 2013 urban centres $231.27 $211.90 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Even though total spending on communications services by the lowest-income households was more than two times lower than total spending by the highest-income households, as shown in Table 1.7 , expenditures on communications services represented a signi cantly larger percentage of their annual incomes, about ve times more to be more precise. In addition, households in the rst income quintile spent more on communications services on a per person basis than all other income quintiles, spending almost $8.75 more per person per month than those in the fth income quintile. Average monthly expenditures by location - urban centres vs. rural communities 7 8 Infographic 1.6 Average provincial household expenditures on communications services comparison in urban centres and in rural communities https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 19/52 - 372 - ( / @ High 0 Low G) Alberta Quebec $280.43 $188.65 Total Iii Newfoundland Alberta and Labrador $38.74 $19.74 □ Alberta Quebec $140.43 $73.64 Prince Edward Quebec ~ Island ~ $64.92 $47.81 Newfoundland Quebec and Labrador $66.04 $44.79 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 20/52 - 373 - Average monthly spending by households in 2017 rural communities $247.58 $210.25 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 21/52 - 374 - ------i-r----- @ High 0 Low G) Newfoundland Quebec and Labrador Total $277.75 $199.83 Iii Newfoundland Quebec and Labrador $57.25 $30.50 □ Saskatchewan Quebec $119.33 $67.17 ~ British Saskatchewan Columbia ~ $70.42 $44.75 Newfoundland Quebec and Labrador $72.42 $53.00 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Source: Statistics Canada’s Survey of Household Spending, Table 11-10-0223-01 https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 22/52 - 375 - 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 23/52 As seen in Table 1.6, expenditures on mobile and Internet services increased from 2013 to 2017, landline service expenditures decreased, and television distribution service expenditures remained relatively stable (see Figure 1.5). Internet expenditures surpassed landline service expenditures in urban centres in 2013, whereas in rural communities (see Figure 1.6) this occurred in 2015. Further, mobile service expenditures were fairly similar to television distribution service expenditures in rural communities prior to 2013, but more was spent on mobile services in recent years. Figure 1.5 Average monthly household spending on communications services in urban centres Figure 1.6 Average monthly household spending on communications services in rural communities Landline Mobile Internet Television distribution 2013 2014 2015 2016 2017 110 100 90 80 70 60 50 40 30 20 $ View data Source: Statistics Canada’s Survey of Household Spending, custom request for a breakdown of Table 11-10-0223- 01 .. I I • I : I ► I r : I : ===== L ► Landline Mobile Internet Television distribution 2013 2014 2015 2016 2017 100 90 80 70 60 50 40 30 $ View data Source: Statistics Canada’s Survey of Household Spending, custom request for a breakdown of Table 11-10-0223- 01 - 376 - Expenditures by age Expenditures on communications services by age of households in2017 Younger (reference person aged 30 or younger) Older (reference person aged 65 or older) $214.67 per month $191.17 per month 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Households in rural communities increased their spending on all communications services to a greater degree than urban households. On average, households in rural communities spent $247.58 per month, an increase of 8.7% from 2016, compared to those in urban centres, which spent $231.27 per month, an increase of 4.0% for the same period. The difference in average household expenditures between urban and rural communities re ects the slightly higher prices offered in rural areas, where there are typically fewer service providers. Expenditures also varied by province. For instance, Quebec residents spent signi cantly less on communications services in both urban and rural communities (see Table 1.9 and Table 1.10) than all other provinces, while Newfoundland and Labrador residents spent the most on communications services. Overall, the highest total monthly service spending in urban centres was in Alberta at $280.43 while in rural communities it was in Newfoundland and Labrador, at $277.75. Expenditures by age Infographic 1.7 Household expenditures on communications services by age in 2017 Source: Statistics Canada’s Survey of Household Spending Table: 11-10-0227-01 Data on household spending by age was segmented based on the age of the household’s reference person, 9 the person who typically handled nancial matters in the home. Households whose reference person was aged 40 to 54 spent the most on communications services ($266.08 per https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 24/52 - 377 - 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… month, up 3.2% from 2016), while those whose reference person was aged 65 years or over spent the least ($191.17 per month, up 4.8% from 2016). In all Canadian households, the smallest communications expense was for landline services (Figure 1.7), which were also the services with the biggest age-related differences in household expenditures. Although landline subscriptions are declining annually (as seen in Figure 1.2), landlines remained important for Canada’s older households. While younger households spent just $6.08 per month on average on landline services (an average expenditure that includes many households that do not have a landline), the oldest households spent on average more than six times that amount ($37.83 per month). This difference between age groups was also re ected through their usage habits. Older households (whose reference person was aged 65 years or over) spent the most on television distribution services and the least on Internet services. Typically, the younger generation (households whose reference person was under 30 years old), which watched an average of 18.6 hours of television per week, spent on average $24.00 a month on television distribution services. This spending was more than 50% lower than the oldest generation, which watched on average 42.2 hours per week and spent $62.83 per month on television distribution services (2018 CMR - Broadcasting, Figure 9.6). Figure 1.8 is comparable to Figure 1.7, showing how the trends for mobile, Internet, and landline were fairly similar in terms of both expenditures and percentage of users per age group. Figure 1.7 illustrates stark differences in spending between the youngest and oldest households. The youngest households tended to spend much more on Internet and mobile services than their older counterparts. Ninety-seven percent of the youngest generation surveyed used mobile services and allocated a large portion of their spending towards it ($127.92 per month). A similar pattern was visible with Internet services. The correlation between spending and usage suggests that different services have varying levels of importance to each generation, and that individuals spent more on the services they tended to use the most. Figure 1.7 Monthly household expenditures, by service and by age of reference person, 2017 https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 25/52 - 378 - 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 26/52 Figure 1.8 Communications services penetration by age group, 2017 iv. Who is covered by broadband and mobile networks across Canada? Infographic 1.8 Broadband and mobile coverage in Canada in 2017 Landline Mobile Internet Television distribution Less than 30 years 30 to 39 years 40 to 54 years 55 to 64 years 65 years and over 140 120 100 80 60 40 20 0 $/ m o n t h / h o u s e h o l d View data Source: Statistics Canada’s Survey of Household Spending, Table: 11-10-0227-01 10 ► ► iv. Who is covered by broadband and mobile networks across Canada? 100 90 80 70 60 50 40 30 20 10 0 Mobile Internet Television View data Source: Media Technology Monitor, Fall 2017 (respondents: Canadians aged 18+) % 18 to 34 years 35 to 49 years 50 to 64 years 65 years and over - 379 - ~ts Mbps Broadband at 1.5 Mbps Canada Rural communities 98.7% 94.0% OLMCs First Nations reserves 98.9% 90.8% 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 27/52 - 380 - 50~~0 Mbps CX) Broadband at 50/10 Mbps, unlimited Canada Rural communities 84.1% 37.2% OLMCs First Nations reserves 88.4% 27.7% 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 28/52 - 381 - Mobile • Canada Rural communities 99.4% 98.0% OLMCs First Nations reserves 99.5% 88.2% 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 29/52 - 382 - Mobile-LTE Canada Rural communities 99.0% 95.9% OLMCs First Nations reserves 99.0% 72.8% 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Source: Innovation, Science and Economic Development Canada (ISED) and CRTC data collection Notes: For the purposes of this report, the of cial language minority population is de ned in terms of the rst of cial language spoken metric as de ned within the Of cial Languages Act, using data from the 2016 Census. In all provinces and territories except Quebec, the of cial language having minority status is French. The presence of of cial language minority populations within a 25km area of an of cial minority language school was used to model and map OLMCs. First Nations reserve areas, representing total population and dwellings on reserves, were used in the analysis. https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 30/52 - 383 - Broadband Internet services 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Broadband was measured on a household basis, at 1.5 Mbps and at 50/10 Mbps unlimited service availability. Mobile and mobile via LTE availability were measured on a population basis. Arguably, broadband Internet services and mobile services have become the two most important services to Canadians over the past several years. The two services combined made up more than 66.6% of total household expenditures of communications services at the end of 2017. Hence, access to these services was fundamentally essential to enable Canadians to fully participate in society and to bene t from the digital economy. The availability of broadband at 1.5 Mbps and mobile services across Canada varied by province or territory and level of service, especially in certain communities. Generally, Canadians who resided in of cial minority language communities (OLMCs) and rural communities had similar levels of access to Internet and mobile services to households and Canadians who resided in First Nations reserve areas. In Newfoundland and Labrador, only 67.9% of First Nations reserve areas had access to mobile services, compared to 96.1%, overall, of all residents of Newfoundland and Labrador; this was even lower than in each of the three territories. Two other provinces where the First Nations reserve areas had considerably less access to mobile services than the overall provincial level were Quebec and Manitoba, at 75.6% and 77.6% respectively. Broadband Internet services For the purposes of this section, broadband availability at 1.5 Mbps and at 50/10 Mbps unlimited is reported on a household basis. Availability of 1.5 Mbps broadband in OLMC and rural communities was closely aligned to the provincial average, while availability in First Nations reserve areas in certain provinces was signi cantly lower. There were four provinces (Newfoundland and Labrador, Prince Edward Island, Nova Scotia and New Brunswick) where broadband availability was greater in First Nations reserve areas than the provincial average, which may suggest that these communities were well served in 2017. However, in First Nations reserve areas in the North and in the provinces of Quebec and Ontario, broadband availability was much lower than the provincial gures, suggesting that these communities were less well served overall. The availability of 50/10 Mbps unlimited broadband was noticeably different from availability at 1.5 Mbps. Across Canada, 50/10 Mbps unlimited was available to 84.1% of Canadians. However, only 37.2% of rural communities and 27.7% of First Nations reserve areas had access to the faster speeds of 50/10 Mbps unlimited, demonstrating a divide between the various communities for faster broadband services. In the northern territories (Yukon, Northwest Territories and Nunavut), 50/10 Mbps unlimited broadband is unavailable altogether, which further illustrates the urban- rural divide in terms of access to service, especially at the faster speeds. Figure 1.9 Broadband service availability at 1.5 Mbps in the provinces and territories in 2017 by household, in Canada overall, and in rural communities, OLMCs, and First Nations reserve areas https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 31/52 - 384 - 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 32/52 Figure 1.10 Broadband service availability at 50/10 Mbps unlimited in the provinces and territories in 2017 by household, in Canada overall, and in rural communities, OLMCs, and First Nations reserve areas Mobile services Mobile services via LTE were available to 99.0% of Canadians at the end of 2017. In rural communities, OLMCs, and First Nations reserve areas, LTE was available to 95.9%, 99.0%, and 72.8% of the population, respectively. Canada Rural communities OLMCs First Nations reserve areas NL PE NS NB QC ON MB SK AB BC YT NT NU Cana d a 100 90 80 70 60 50 40 30 20 10 0 % View data Source: Innovation, Science and Economic Development Canada (ISED) and CRTC data collection ► I ► Mobile services NL PE NS NB QC ON MB SK AB BC YT NT NU Cana d a 100 90 80 70 60 50 40 30 20 10 0 Canada Rural communities OLMCs First Nations reserve areas View data Source: Innovation, Science and Economic Development Canada (ISED) and CRTC data collection % - 385 - 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 33/52 The largest difference in coverage between the provincial average and the First Nations reserve areas was seen in Manitoba. Only 19.5% of the First Nations reserve areas in Manitoba had access to LTE, compared to 93.4% of Manitobans in general. Two other provinces that also showed noticeable differences in access to LTE were Newfoundland and Labrador and Ontario where 67.9% and 62.3% of the First Nations reserve areas are covered by LTE, respectively, compared to their overall provincial gures of 94.7% and 99.7% respectively. Figure 1.11 Mobile service availability by province and territory in 2017, by population in Canada overall, in rural communities, in OLMCs, and in First Nations reserve areas Figure 1.12 Mobile service availability (LTE) by province and territory in 2017, by population in Canada overall and in rural communities, OLMCs, and First Nations reserve areas Canada Rural communities OLMCs First Nations reserve areas NL PE NS NB QC ON MB SK AB BC YT NT NU Cana d a 100 90 80 70 60 50 40 30 20 10 0 % View data Source: Innovation, Science and Economic Development Canada (ISED) and CRTC data collection ► ► NL PE NS NB QC ON MB SK AB BC YT NT NU Cana d a % 100 90 80 70 60 50 40 30 20 10 0 Canada Rural communities OLMCs First Nations reserve areas View data Source: Innovation, Science and Economic Development Canada (ISED) and CRTC data collection - 386 - \'"'-- i c:--1 NWT ~J i ..... _,_ Mo.......,: IA Mo<I,_, (Mw•~ ,_.._. Qo,M~-,,.~ V --· •.. • • • • • • • •• • • • •...__,,....,... • • • • • • . - .. NC • ... • 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… New Brunswick has the largest of cial language minority population, at 31.0% of its overall population, followed by Quebec at 13.4%. See Table 1.11 (Open data) for 2016 data on Canadians whose mother tongue is an of cial language with minority status in the province or territory in which they reside, and in Canada overall. In all provinces and territories except Quebec, the of cial language having minority status is French. Map 1.1 Population distribution of OLMCs across Canada, 2016 MapInfo KML Source: 2016 Census, Statistics Canada, and data collection from both Innovation, Science and Economic Development Canada (ISED) and CRTC Map 1.1 displays areas across Canada where OLMCs are present. The blue circles are OLMCs, modeled as areas within 25km of an of cial language minority school. The interactive map for OLMCs is also available online. Map 1.2 displays areas across Canada where First Nations reserve areas are present. The colour and number inside each circle represents the speci c type of reserve where First Nations reserve areas are present and the number of reserves in each area. Broadband availability within each census subdivision is available as part of the data set. Zoom into the map to update the tooltip with the broadband availability or review the Data Panel at the bottom of the map for full details. The interactive map for the number of reserve areas is also available online. Map 1.2 Distribution of First Nations reserve areas across Canada, 2017 https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 34/52 - 387 - ' --- ", 8 IC <, .-• "" " ' v. Methodology II "I Y 3,.-s- ,, • ~ 13 13 Tf>ol. I, 10 ,..,.,,_ I l<P•"'wt f Ml i.-,.... "'""--- Urban centres and rural communities Official language minority communities -· ([ lob r ·- '" 'o.., 2) ,.~ °" 13 N~""4,, .,.; .. 4 .,It,.. • II ~• Ml 16 o; I, ............ \, 1"'10 ., Ottt-,1,.oc(, vr .<1 1; 'i-;_ ...... -0 fi:.'t: -,. Ill ·-N -lOII. -----~ 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… MapInfo KML Source: 2016 Census, Statistics Canada, and data collection from both Innovation, Science and Economic Development Canada (ISED) and CRTC v. Methodology Urban centres and rural communities Urban centres, also known as small/medium/large population centres, are de ned as follows: small centres have populations between 1,000 and 29,999, medium centres have populations between 30,000 and 99,999, and large centres have populations greater than 100,000. For the purposes of this report, data for urban centres reports the average of small/medium/large centres. Rural communities are de ned as areas with a population of less than 1,000 or a density of 400 or fewer people per square kilometre. O cial language minority communities To identify of cial language minority communities (OLMCs) in Canada, a number of different criteria can be used. These include identifying the rst language learned at home, the language spoken at home, and the language of education. For the purposes of this report, the of cial language minority population is de ned in terms of the rst of cial language spoken metric as de ned within the Of cial Languages Act, using data from the 2016 Census. In all provinces and territories except Quebec, the of cial language having minority status is French. The presence of of cial language minority populations within a 25km area of an of cial minority language school was used to model and map OLMCs. https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 35/52- 388 - First Nations reserve areas Income quintiles and household spending Table 1.1 Average annual household incomes and average monthly expenditures by income quintile ($/month), 2017 Type Income !Average annual income Landline Mobile Internet First quintile Second Third quintile Fourth quintile Fifth quintile quintile 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… As a means of mapping OLMCs and calculating the availability of 50/10 Mbps unlimited service, a method of OLMC population placement was chosen that concentrates on areas within 25 km of of cial language minority schools to represent the locations of the communities. This methodology, which was developed by Canadian Heritage, was used to assign OLMC populations to areas and to calculate 50/10 Mbps unlimited availability to OLMC communities. First Nations reserve areas Statistics Canada uses census subdivisions to represent different areas in Canada. Census subdivisions are municipalities or areas that can be equated to municipalities for statistical reasons. The different census subdivisions used by Statistics Canada were assessed. The census subdivisions that represent First Nations reserve areas were included in the data analysis as well as mapping of this population. The analysis was based upon total population and dwellings on reserves according to the Statistics Canada census data and, as such, it may differ from other of cial sources. Income quintiles and household spending Income quintile information regarding household expenditures on communications services comes from Statistics Canada’s Survey of Household Spending and does not include any projections or CRTC data. Canadian household incomes and household monthly expenditures were reported for the ve income quintiles. An income quintile is a measure of the socioeconomic status of 5 different household groups (speci cally household income levels), with each household group representing about 20% of the total population. Table 1.1 Average annual household incomes and average monthly expenditures by income quintile ($/month), 2017 SecondType First quintile quintile Third quintile Fourth quintile Fifth quintile Less Between Between Between Income than $32,914 $32,915 to $56,495 $56,496 to $86,098 $86,099 to $132,808 Over $132,809 Average annual $19,852 $44,725 $70,794 $107,287 $208,203 income Landline $21.50 $25.17 $23.58 $26.67 $29.08 Mobile $53.67 $71.67 $103.08 $121.67 $154.75 Internet $36.00 $49.33 $58.00 $61.92 $65.50 https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 36/52 - 389 - Type First quintile Second Third quintile Fourth quintile Fifth quintile quintile t TV I I distribution Total $150.50 $192.00 $237.67 $266.83 $317.42 vi. Appendices Table 1.2 Canadian land line and mobile service subscribers per 100 households, 2004- 2017 Year 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Landline r Mobile Landline r and/or Land line only Mobile only mobile 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Type First quintile Second quintile Third quintile Fourth quintile Fifth quintile TV distribution $39.33 $45.83 $53.00 $56.58 $68.08 Total $150.50 $192.00 $237.67 $266.83 $317.42 Source: Statistics Canada’s Survey of Household Spending, Table: 11-10-0223-01 vi. Appendices Table 1.2 Canadian landline and mobile service subscribers per 100 households, 2004- 2017 Landline Year Landline Mobile and/or mobile Landline only Mobile only 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 96.2 58.9 98.9 40.0 2.7 94.0 62.9 98.8 36.0 4.8 93.6 66.8 98.6 31.8 5.0 92.5 71.9 98.8 26.9 6.3 91.1 74.3 99.1 24.8 8.0 89.3 77.2 99.3 22.1 10.0 89.3 78.1 99.4 21.3 10.1 86.6 79.1 99.3 20.2 12.7 83.8 81.3 99.2 17.9 15.4 79.1 84.7 99.3 14.6 20.2 75.5 85.6 99.2 13.6 23.7 71.9 86.1 99.3 13.2 27.5 66.8 87.9 99.3 11.4 32.5 63.0 89.5 99.0 9.5 36.0 Source: Statistics Canada’s Affordability Study (2004-2007) and Survey of Household Spending, custom request for a breakdown of Table 11-10-0223-01 (2008-2017) https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 37/52 - 390 - Table 1.3 Canadian land line and mobile service subscribers per 100 households, by income quintile, 2013-2017 l Service Year First Second Third Fourth Fifth quintile quintile quintile quintile quintile quintiles (2013-2017) Average CAGR of average of all of all quintiles Landline Mobile Landline and/or mobile 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Table 1.3 Canadian landline and mobile service subscribers per 100 households, by income quintile, 2013-2017 First Second Third Fourth Fifth Service Year quintile quintile quintile quintile quintile Average of all quintiles CAGR of average of all quintiles (2013-2017) Landline Mobile Landline and/or mobile 2013 65.2 75.0 82.2 84.7 87.5 78.9 2014 65.3 69.1 74.3 80.2 88.3 75.5 2015 63.6 68.6 72.1 74.1 81.0 71.9 2016 58.2 65.3 63.6 70.6 76.1 66.8 -5.5% 2017 54.9 59.7 62.7 65.2 72.5 63.0 Growth 2016--5.7 -8.6 -1.4 -7.6 -4.7 -5.6 2017 (%) 2013 66.8 79.7 88.5 92.9 96.4 84.9 2014 67.4 83.2 89.4 93.2 95.0 85.6 2015 69.9 80.3 89.9 93.9 96.7 86.1 2016 68.7 85.6 92.7 96.2 96.4 87.9 1.3% 2017 73.1 86.8 94.4 96.3 96.9 89.5 Growth 2016-6.4 1.4 1.8 0.1 0.5 1.8 2017 (%) 2013 97.5 99.7 99.7 99.6 100.0 99.3 2014 97.8 99.4 99.2 99.5 99.8 99.2 2015 98.6 99.0 99.5 99.8 99.8 99.3 2016 98.2 99.5 99.6 99.6 99.8 99.3 -0.1% 2017 97.0 99.6 99.5 99.5 99.3 99.0 Growth 2016--1.2 0.1 -0.1 -0.1 -0.5 -0.3 2017 (%) https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 38/52 - 391 - r Service quintile quintile quintile quintile quintile quintiles (2013-2017) I Year First Second Third Fourth Fifth Average CAGR of average of all of all quintiles Landline only Mobile only Table 1.4 Landline and mobile service subscribers per 100 households, by province, 2017 Province British Columbi Alberta Saskatchewan a Landline Landline Mobile and/or Land line only Mobile only b'I mo 1e 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Average CAGR of average First Second Third Fourth Fifth Service Year of all of all quintilesquintile quintile quintile quintile quintile quintiles (2013-2017) 2013 30.7 20.0 11.2 6.7 3.6 14.4 2014 30.4 16.2 9.8 6.3 4.8 13.6 2015 28.7 18.7 9.6 5.9 3.1 13.2 2016 29.5 13.9 6.9 3.4 3.4 11.4Landline -9.9% only 2017 23.9 12.8 5.1 3.2 2.4 9.5 Growth 2016--19.0 -7.9 -26.1 -5.9 -29.4 -16.8 2017 (%) 2013 32.3 24.7 17.5 14.9 12.5 20.4 2014 32.5 30.3 24.9 19.3 11.5 23.7 2015 35.0 30.4 27.4 25.7 18.8 27.5 2016 40.0 34.2 36.0 29.0 23.7 32.6Mobile 15.3% only 2017 42.1 39.9 36.8 34.3 26.8 36.0 Growth 2016-5.2 16.7 2.2 18.3 13.1 10.5 2017 (%) Source: Statistics Canada’s Survey of Household Spending, custom request for a breakdown of Table 11-10-0223- 01. Each quintile represents 20% of households. Table 1.4 Landline and mobile service subscribers per 100 households, by province, 2017 Landline Province Landline Mobile and/or Landline only Mobile only mobile British Columbia 59.3 92.0 98.7 6.7 39.4 Alberta 55.6 93.6 98.7 5.1 43.1 Saskatchewan 57.3 93.5 99.7 6.2 42.4 https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 39/52 - 392 - Province ick Manitoba Ontario Quebec NewBrunsw Nova Scotia Prince Edwa Newfound la All of Canad rd Island nd and Labrador a I I Landline I I 63.0 Landline Mobile and/or Land line only Mobile only mobile I 89.5 99.0 9.5 36.0 - Table 1.5 Home computer ownership and Internet use from home per 100 households, by income quintile, 2013-2017 Technology Year Home computer Internet . Household income less than $32,914 (fi rst quintile) Household Household Household income from $32,915to $56,495 (second quintile) income from $56,496to $86,098 (third quintile) income from $86,099to $132,808 (fourth quintile) r Household income Average over $132,809 for all (fifth quintiles quintile) I 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Landline Province Landline Mobile and/or Landline only Mobile only mobile Manitoba 65.6 90.1 99.5 9.4 33.9 Ontario 61.2 90.8 99.3 8.5 38.1 Quebec 67.6 84.4 98.5 14.1 30.9 New Brunswick 83.4 87.8 99.0 11.2 15.6 Nova Scotia 68.2 87.1 98.9 11.8 30.7 Prince Edward Island 67.8 87.3 98.6 11.3 30.8 Newfoundland and Labrador 83.0 89.1 99.6 10.5 16.6 All of Canada 63.0 89.5 99.0 9.5 36.0 Source: Statistics Canada’s Survey of Household Spending, custom request for a breakdown of Table 11-10-0223- 01 Table 1.5 Home computer ownership and Internet use from home per 100 households, by income quintile, 2013-2017 Household Household Household Household Household income income income income income less than from from from over Average Technology Year $32,914 ( rst quintile) $32,915 to $56,495 (second quintile) $56,496 to $86,098 (third quintile) $86,099 to $132,808 (fourth quintile) $132,809 ( fth quintile) for all quintiles 2013 64.4 80.6 89.8 95.4 97.9 85.6 2014 64.3 78.1 87.7 94.0 97.4 84.3 2015 61.9 79.6 89.1 95.3 96.6 84.5 Home 2016 63.9 78.0 89.1 93.4 96.2 84.1 computer 2017 63.4 79.1 89.5 93.5 95.1 84.1 Growth 2016--0.8 1.4 0.4 0.1 -1.1 0 2017 (%) Internet 2013 59.7 77.6 89.0 94.9 98.4 83.9 https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 40/52 - 393 - use from home Technology Year Household income less than $32,914 ( first quintile) Household Household Household income from $32,915to $56,495 (second quintile) income from $56,496to $86,098 (third quintile) income from $86,099to $132,808 (fourth quintile) Household income 1 Average over $132,809 for all ( quintiles fifth quintile) I Table 1.6 Average five-year monthly household spending on communications services, by service and by income quintile ($/month/household), 2013-2017 I Service Year F·itth I Average CAGR of average First Second Third Fourth • •1 • •1 • •1 • •1 • •1 of all of all quintiles q umt1 e qumt1 e qumt1 e qumt1 e qumt1 e quintiles (2013-2017) Landline Mobile 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… use from home Household income Household income Household income Household income Household income less than from from from over Average Technology Year $32,914 ( rst quintile) $32,915 to $56,495 (second quintile) $56,496 to $86,098 (third quintile) $86,099 to $132,808 (fourth quintile) $132,809 ( fth quintile) for all quintiles 2014 63.5 78.5 88.7 95.5 98.3 84.9 2015 64.4 82.1 92.8 97.2 98.2 86.9 2016 65.2 82.7 93.3 97.9 98.1 87.4 2017 69.0 85.3 94.1 97.7 98.5 89.0 Growth 2016-5.8 3.1 0.9 -0.2 0.4 1.8 2017 (%) Source: Statistics Canada’s Survey of Household Spending, custom request for a breakdown of Table 11-10-0223- 01 Table 1.6 Average ve-year monthly household spending on communications services, by service and by income quintile ($/month/household), 2013-2017 First Second Third Fourth Fifth Average CAGR of average Service Year quintile quintile quintile quintile quintile of all quintiles of all quintiles (2013-2017) 2013 29.08 33.50 36.08 38.17 41.00 35.58 2014 26.58 31.08 32.50 36.17 40.33 33.33 2015 25.50 28.08 29.83 31.50 36.08 30.17 2016 22.75 26.67 27.75 26.92 33.25 27.50 Landline -8.2% 2017 21.50 25.17 23.58 26.67 29.08 25.25 Growth 2016--5.5 -5.6 -15.0 -0.9 -12.5 -8.2 2017 (%) Mobile 2013 42.42 55.92 77.25 91.75 127.00 78.92 6.4% 2014 43.92 60.42 80.83 100.42 127.83 82.67 https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 41/52 - 394 - Service Internet Television distributio Total n Year First Second Third Fourth Fifth Average quintile quintile quintile quintile quintile of all quintiles CAGR of average of all quintiles (2013-2017) 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Service Year First Second Third Fourth Fifth Average of all quintiles CAGR of average of all quintiles (2013-2017)quintile quintile quintile quintile quintile Internet Television distribution Total 2015 43.75 62.25 84.83 105.33 140.08 87.25 2016 47.42 66.08 95.42 110.67 141.00 92.08 2017 53.67 71.67 103.08 121.67 154.75 101.00 Growth 2016-13.2 8.5 8.0 9.9 9.8 9.7 2017 (%) 2013 25.58 35.25 42.08 48.00 52.42 40.67 2014 29.50 37.17 44.17 48.75 52.67 42.42 2015 30.58 41.58 49.92 53.75 56.83 46.50 2016 32.17 43.58 52.00 58.00 61.92 49.50 7.4% 2017 36.00 49.33 58.00 61.92 65.50 54.17 Growth 2016-11.9 13.2 11.5 6.8 5.8 9.4 2017 (%) 2013 37.00 49.33 57.67 64.58 74.50 56.58 2014 38.92 49.42 56.92 62.25 74.17 56.33 2015 38.83 46.92 55.42 58.75 72.42 54.50 2016 37.75 47.92 52.50 59.58 71.08 53.75 -1.8% 2017 39.33 45.83 53.00 56.58 68.08 52.58 Growth 2016-4.2 -4.4 1.0 -5.0 -4.2 -2.2 2017 (%) 2013 134.08 174.00 213.08 242.50 294.92 211.75 2.4% 2014 138.92 178.08 214.42 247.58 295.00 214.75 2015 138.67 178.83 220.00 249.33 305.42 218.42 2016 140.09 184.25 227.67 255.17 307.25 222.83 https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 42/52 - 395 - Service CAGRof total services Year 2013- 2017 I First Second Third Fourth Fifth quintile quintile quintile quintile quintile I 2.9 2.5 2.8 2.4 1.9 I I I Average CAGR of average of all of all quintiles quintiles (2013-2017) 2.4 I Table 1.7 Expenditure per service and by income quintile as a percentage of average annual income, 2017 Metric ome Average inc Landline Mobile -- istribution I Internet Television d Total comm expenditure unications s First Second quintile quintile 9.1% 5.2% Third Fourth Fifth Average of all quintile quintile quintile quintiles - 4.0% 3.0% 1.8% 3.1% Table 1.8 Household spending on communications services as a percentage of annual income, by income quintile, 2013-2017 T Year Characteristics First Second Third Fourth Fifth All quintile quintile quintile quintile quintile quintiles 2013 I l l l 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… First Second Third Fourth Fifth Average CAGR of average Service Year quintile quintile quintile quintile quintile of all quintiles of all quintiles (2013-2017) 2017 150.50 192.00 237.67 266.83 317.42 233.00 Growth 2016-7.4 4.2 4.4 4.6 3.3 4.6 2017 (%) CAGR of 2013-total 2017 2.9 2.5 2.8 2.4 1.9 2.4 - services Source: Statistics Canada’s Survey of Household Spending, Table: 11-10-0223-01 Table 1.7 Expenditure per service and by income quintile as a percentage of average annual income, 2017 First Second Third Fourth Fifth Average of all Metric quintile quintile quintile quintile quintile quintiles Average income $19,852 $44,725 $70,794 $107,287 $208,203 $90,185 Landline 1.3% 0.7% 0.4% 0.3% 0.2% 0.3% Mobile 3.2% 1.9% 1.8% 1.4% 0.9% 1.3% Internet 2.2% 1.6% 1.0% 0.6% 0.4% 0.7% Television distribution 2.4% 1.4% 0.9% 0.6% 0.4% 0.7% Total communications 9.1% 5.2% 4.0% 3.0% 1.8% 3.1% expenditures Source: Statistics Canada’s Survey of Household Spending, Table: 11-10-0223-01 Table 1.8 Household spending on communications services as a percentage of annual income, by income quintile, 2013-2017 First Second Third Fourth Fifth AllYear Characteristics quintile quintile quintile quintile quintile quintiles 2013 Minimum household Less than $0 $30,669 $51,805 $79,723 $121,292income threshold $30,668 https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 43/52 - 396 - -- -- I First Second Third Fourth Fifth All Year Characteristics quintile quintile quintile quintile quintile quintiles 2014 2015 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… First Second Third Fourth Fifth AllYear Characteristics quintile quintile quintile quintile quintile quintiles 2014 2015 Maximum household income threshold $30,668 $51,804 $79,722 $121,291 n/a More than $121,292 Average annual income $18,582 $41,105 $64,854 $98,634 $199,702 $84,575 Average members per household 1.49 2.11 2.49 2.95 3.34 2.48 Communications expenditures as a percentage of average annual income 8.3% 4.9% 3.8% 2.8% 1.7% 2.9% Minimum household income threshold $0 $30,520 $53,275 $81,295 $124,839 Less than $30,519 Maximum household income threshold $30,519 $53,274 $81,294 $124,838 n/a More than $124,839 Average annual income $19,664 $42,122 $67,083 $101,177 $201,752 $86,360 Average members per household 1.50 2.05 2.51 2.91 3.40 2.47 Communications expenditures as a percentage of average annual income 8.5% 4.1% 3.8% 2.9% 1.8% 3.0% Minimum household income threshold $0 $31,609 $54,588 $82,710 $126,879 Less than $31,608 Maximum household income threshold $31,608 $54,587 $82,709 $126,878 n/a More than $126,879 Average annual income $19,403 $42,887 $68,331 $103,021 $210,693 $88,867 Average members per household 1.43 2.11 2.57 2.91 3.35 2.47 https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 44/52 - 397 - -- -- First Second Third Fourth Fifth All Year Characteristics quintile quintile quintile quintile quintile quintiles 2016 2017 . . Table 1.9 Household average monthly household communications services expenditure in rural communities, 2012-2017 I Region Service 2012 2013 2014 2015 2016 2017 J 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… First Second Third Fourth Fifth AllYear Characteristics quintile quintile quintile quintile quintile quintiles Communications expenditures as a percentage of average annual income 8.6% 5.0% 3.9% 2.9% 1.7% 2.9% Minimum household income threshold $0 $32,091 $55,471 $85,337 $130,046 Less than $32,090 Maximum household income threshold $32,090 $55,470 $85,336 $130,045 n/a More than $130,046 Average annual income $19,559 $43,436 $70,178 $104,533 $219,031 $91,347 Average members per household 1.47 2.01 2.51 3.00 3.36 2.47 Communications expenditures as a percentage of average annual income 8.6% 5.1% 3.9% 2.9% 1.7% 2.9% Minimum household income threshold $0 $32,915 $56,496 $86,099 $132,809 Less than $32,914 Maximum household income threshold $32,914 $56,495 $86,098 $132,808 n/a More than $132,808 Average annual income $19,852 $44,725 $70,794 $107,287 $208,203 $90,185 Average members per household 1.47 2.01 2.53 2.93 3.39 2.47 Communications expenditures as a percentage of average annual income 9.1% 5.2% 4.0% 3.0% 1.8% 3.1% Source: Statistics Canada’s Survey of Household Spending, Table: 11-10-0223-01 2016 2017 Table 1.9 Household average monthly household communications services expenditure in rural communities, 2012-2017 Region Service 2012 2013 2014 2015 2016 2017 https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 45/52 - 398 - Regio Can. Can. Can. Can. N.L. N.L. N.L. N.L. P.E.I. P.E.I. P.E.I. P.E.I. N.S. N.S. N.S. N.S. N.B. N.B. N.B. N.B. Que. Que. Que. Que. Ont. Ont. Ont. n Service 2012 2013 -- 2014 2015 2016 2017 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Region Service 2012 2013 2014 2015 2016 2017 Can. Can. Can. Can. N.L. N.L. N.L. N.L. P.E.I. P.E.I. P.E.I. P.E.I. N.S. N.S. N.S. N.S. N.B. N.B. N.B. N.B. Que. Que. Que. Que. Ont. Ont. Landline 47.25 47.42 42.83 42.00 41.08 36.92 Mobile 58.17 63.08 76.17 77.00 77.67 94.17 Internet 34.00 37.42 39.25 43.75 46.17 54.83 Television distribution 59.25 62.33 62.75 63.17 62.92 61.67 Landline 58.33 58.50 56.17 55.83 53.08 57.25 Mobile 60.67 62.33 76.92 87.92 93.67 95.67 Internet 31.75 37.83 37.42 45.33 49.33 52.42 Television distribution 61.92 65.33 70.25 70.75 76.67 72.42 Landline 51.83 56.00 52.58 46.42 46.33 47.50 Mobile 55.25 51.08 89.58 89.75 92.92 94.33 Internet 35.50 40.50 39.67 50.42 58.83 59.08 Television distribution 60.83 73.08 62.00 58.92 70.83 63.58 Landline 55.42 54.67 53.17 54.08 44.58 44.42 Mobile 58.50 67.42 67.67 66.08 84.33 86.00 Internet 35.83 38.17 42.75 45.92 52.92 57.00 Television distribution 67.92 65.92 65.50 66.25 61.92 63.58 Landline 50.17 47.58 47.00 45.75 44.42 43.83 Mobile 53.67 58.67 73.42 66.50 63.33 86.08 Internet 31.75 33.83 38.58 39.25 41.08 51.08 Television distribution 60.17 59.42 57.75 65.33 64.83 59.42 Landline 43.50 41.83 38.25 38.00 37.08 30.50 Mobile 31.17 45.25 49.42 49.50 53.42 67.17 Internet 31.83 33.00 33.67 37.08 36.42 49.17 Television distribution 51.75 55.75 50.67 50.83 54.08 53.00 Landline 46.33 45.33 41.92 43.83 44.33 38.42 Mobile 50.75 55.33 80.50 78.25 70.50 108.42 Internet 36.83 43.00 44.42 47.42 54.92 57.50Ont. https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 46/52 - 399 - Region Ont. Man. Man. Man. Man. Sask. Sask. Sask Sask l Alta. Alta. Alta. Alta. B.C. B.C. B.C. B.C. Service 2012 2013 . -- 2014 2015 2016 2017 Table 1.10 Household average monthly communications services expenditure in urban Regio Can. Can. Can. Can. N.L. n Service centres, 2012-2017 2012 2013 2014 2015 2016 2017 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Region Service 2012 2013 2014 2015 2016 2017 Television distribution 57.67 65.83 69.17 66.83 61.92 69.92 Landline 46.83 49.25 46.33 43.33 40.50 40.08 Mobile 70.42 83.83 91.42 104.17 103.50 111.50 Internet 29.58 37.83 42.33 38.00 52.92 57.83 Television distribution 55.75 58.83 55.67 70.33 77.83 65.50 Landline 54.92 52.83 51.17 48.33 47.67 39.00 Mobile 68.75 88.25 98.83 109.17 116.00 119.33 Internet 34.08 29.25 37.92 41.42 44.75 44.75 Television distribution 67.75 64.58 74.75 70.50 73.75 70.42 Landline 46.25 56.92 39.58 36.25 36.17 35.00 Mobile 130.17 114.67 139.67 118.75 121.17 117.75 Internet 41.33 42.42 42.17 52.58 46.08 56.33 Television distribution 76.17 72.75 80.08 74.42 70.42 66.58 Landline 47.08 43.25 39.83 30.42 34.00 31.42 Mobile 63.08 48.92 53.25 94.92 88.92 98.17 Internet 31.17 38.33 37.83 54.17 52.92 70.42 Television distribution 55.92 59.75 59.00 68.92 64.58 51.67 Ont. Man. Man. Man. Man. Sask. Sask. Sask. Sask. Alta. Alta. Alta. Alta. B.C. B.C. B.C. B.C. Source: Statistics Canada’s Survey of Household Spending, custom request for a breakdown of Table 11-10-0223- 01 Table 1.10 Household average monthly communications services expenditure in urban Region Can. Can. Can. Can. Service centres, 2012-2017 2012 2013 2014 2015 2016 2017 Landline 35.97 34.06 32.06 28.89 25.95 23.89 Mobile 70.94 80.88 83.58 88.40 93.76 101.77 Internet 36.83 41.06 42.91 46.82 49.91 54.09 Television distribution 56.25 55.90 55.47 53.55 52.72 51.52 Landline 47.14 43.48 42.76 40.66 42.19 38.74N.L. https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 47/52 - 400 - Regio N.L. N.L. N.L. I P.E.I. P.E.I. P.E.I. P.E.I. N.S. N.S. N.S. N.S. N.B. N.B. N.B. N.B. Que. Que. Que. Que. Ont. Ont. Ont. Ont. Man. Man. Man. Man. - n Service - 2012 2013 2014 2015 2016 2017 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Region Service 2012 2013 2014 2015 2016 2017 N.L. N.L. N.L. P.E.I. P.E.I. P.E.I. P.E.I. N.S. N.S. N.S. N.S. N.B. N.B. N.B. N.B. Que. Que. Que. Que. Ont. Ont. Ont. Ont. Man. Man. Man. Man. Mobile 77.17 84.21 92.92 99.46 112.16 117.77 Internet 38.28 42.42 42.88 47.00 48.92 54.34 Television distribution 62.32 61.44 67.91 61.87 64.05 66.04 Landline 40.98 42.66 43.50 42.42 37.39 34.58 Mobile 62.79 70.99 71.25 83.65 84.03 96.50 Internet 38.76 43.89 45.67 50.40 55.09 64.92 Television distribution 57.86 58.07 63.75 58.84 61.33 52.92 Landline 44.13 40.77 38.93 36.88 36.91 34.11 Mobile 70.56 77.16 72.22 85.00 95.31 95.80 Internet 38.59 43.92 45.06 49.52 54.67 57.84 Television distribution 62.40 58.52 61.36 55.48 58.14 56.09 Landline 40.88 40.08 36.31 35.93 36.28 34.50 Mobile 64.05 65.84 69.18 78.76 83.96 85.73 Internet 38.31 41.14 41.38 46.55 46.51 51.52 Television distribution 57.62 58.08 59.72 55.93 57.10 58.34 Landline 33.20 31.17 32.52 27.47 26.09 22.41 Mobile 49.77 53.31 57.14 58.48 65.12 73.64 Internet 35.26 37.97 35.89 37.61 41.36 47.81 Television distribution 44.64 44.56 46.33 45.91 46.87 44.79 Landline 38.61 37.95 33.15 31.23 27.51 25.98 Mobile 73.17 86.79 88.82 92.76 97.80 103.93 Internet 38.92 43.44 47.25 50.85 53.18 55.66 Television distribution 59.47 58.24 55.45 53.08 51.64 51.66 Landline 35.35 34.03 34.29 30.85 25.66 26.20 Mobile 71.86 84.86 83.55 84.79 88.48 104.33 Internet 36.41 37.91 41.90 43.79 46.38 51.32 Television distribution 61.03 60.79 60.79 58.55 53.72 52.04 https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 48/52 - 401 - Region Sask. Sask. Sask. Sask. Alta. l Alta. Alta. !Alta. B.C. B.C. B.C. B.C. - Service Footnotes - 2012 2013 2014 2015 2016 2017 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Region Service 2012 2013 2014 2015 2016 2017 Landline 38.29 35.05 31.33 28.98 27.11 24.17 Mobile 86.50 92.71 95.85 106.26 111.11 118.16 Internet 32.80 34.41 37.10 43.22 44.46 50.05 Television distribution 62.65 63.83 63.53 63.61 61.21 57.76 Landline 34.41 31.60 29.29 25.20 21.24 19.74 Mobile 98.18 110.17 113.48 125.42 128.13 140.43 Internet 36.31 41.75 44.97 51.57 55.39 60.77 Television distribution 65.26 64.97 65.05 65.45 62.14 59.49 Landline 30.68 26.89 27.13 23.96 19.83 18.66 Mobile 77.98 90.11 92.55 97.98 102.84 113.87 Internet 34.03 40.64 42.60 49.06 52.76 56.57 Television distribution 55.82 58.38 58.23 54.17 54.13 52.94 Sask. Sask. Sask. Sask. Alta. Alta. Alta. Alta. B.C. B.C. B.C. B.C. Source: Statistics Canada’s Survey of Household Spending, custom request for a breakdown of Table 11-10-0223- 01 Footnotes 1 http://www23.statcan.gc.ca/imdb/p2SV.pl?Function=getSurvey&SDDS=3508 2 Various terms are used to describe the telephone services available to Canadians. Statistics Canada reports on cell phone subscriptions and expenditures. This article refers to cell phones as mobile phones, with expenditures on mobile service including voice, SMS, and data services such as Internet access. The term “landline” is used here to describe wireline telephone service. https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 49/52 - 402 - Contents of the Report 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… 3 Broadcasting distribution undertakings (BDUs) provide subscription television services to Canadians. They redistribute programming from conventional over-the-air television and radio stations. They also distribute pay audio and discretionary services (i.e. pay, specialty, pay-per-view (PPV) and video-on-demand (VOD) services). Most BDUs are cable, national direct-to-home (DTH) satellite, or Internet Protocol television (IPTV) service providers. In this article, BDU services are referred to as “television distribution services” and exclude digital media subscriptions and watching or streaming television programs or clips over the Internet. 4 Includes all Internet services, regardless of speed. 5 The information presented regarding household expenditures on communications services comes from Statistics Canada’s Survey of Household Spending and does not include any projections or CRTC data. 6 See the annual User Guide for the Survey of Household Spending for a description of how expenditures for services bought as a bundle (e.g. Internet, television distribution, and landline) are separated into discrete expenses. 7 Urban centres, also known as small/medium/large population centres, are de ned by the following: small centres have populations between 1,000 and 29,999; medium centres have populations between 30,000 and 99,999; and large centres have populations greater than 100,000. For the purposes of this report, urban centres data reports the average of small/medium/large centres. 8 Rural communities are de ned as areas with a population of less than 1,000 or a density of 400 or fewer people per square kilometre. 9 Statistics Canada identi es the reference person as the household member mainly responsible for household nancial maintenance (for example, paying the mortgage, property taxes, or utility bills). In cases where members share the nancial responsibility equally, one person is chosen to be the reference person. 10 The total number of respondents and responses from the Media Technology Monitor may differ from those in Statistics Canada’s Survey of Household Spending. The age group parameters are also different to correlate with the parameters in the respective surveys. Contents of the Report https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 50/52 - 403 - • • --------- Data from this report and additional data is available on Open Data in .xlsx and .csv: Report Section Open Data ---- 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… 1. Communications Services in Canadian Households: Subscriptions and Expenditures 2013- 2017 2. 2018 Communications Services Pricing in Canada 3. Communications Industry Overview: Telecommunications and Broadcasting 4. Broadcasting Overview 5. Radio Sector 6. Television Sector 7. Broadcasting Distribution Sector 8. Telecommunications Overview 9. Retail Fixed Internet Sector and Broadband Availability 10. Retail Mobile Sector Go directly to: Full table of contents Full list of infographics, gures and tables Data from this report and additional data is available on Open Data in .xlsx and .csv: Report Section Communications Services in Canadian Households: Open Data Households data Subscriptions and Expenditures 2013-2017 2018 Communications Services Pricing in Canada Pricing data Communications Overview Communications Overview data Broadcasting Overview Broadcasting Overview data Radio Sector Radio data Television Sector Television data Broadcasting Distribution Sector BDU data Telecommunications Overview Telecommunications Overview data Retail Fixed Internet Sector and Broadband Availability Internet data Retail Mobile Sector Mobile data https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 51/52 - 404 - ( Table of contents Pricing in Canada ) 4/19/22, 4:07 PM Communications Monitoring Report 2019 - Communications Services in Canadian Households: Subscriptions and Expenditures 2… Table of contents Pricing in Canada Date modified: 2020-01-21 https://crtc.gc.ca/eng/publications/reports/policymonitoring/2019/cmr1.htm#a3 52/52 - 405 - Report to Council Report Number: OPS 14-22 Date: April 25, 2022 From: Brian Duffield Director, Operations Subject: Chestnut Hill Developments Recreation Complex Generator Replacement -File: A-1440 Recommendation: 1.That the proposal submitted by Elexicon Group, dated January 22, 2022, in the amount of $1,164,804.00 (HST included) be accepted; 2.That the total gross project cost of $1,469,904.00 (HST included), including the amount of the tender, consulting, contingency, and other associated costs, and the total net project cost of $1,323,694.00 (net of HST rebate) be approved; 3.That the Director, Finance & Treasurer be authorized to finance the total net project costs of $1,323,694.00 as follows: a)the sum of $1,100,000.00 from previously approved 2019 Capital Budget be increased to $1,200,000, to be financed by the issue of debentures by the Regional Municipality of Durham over a period not to exceed ten years; and, b)the annual debenture repayment charges in the amount of approximately $140,246.00 to be included in the annual Current Budget for the City of Pickering commencing 2022, or such subsequent year in which the debenture is issued, and continuing thereafter until the debenture financing is repaid; c)the Director, Finance & Treasurer to be authorized to make any changes, adjustments and revisions to amounts, terms, conditions, or to take any actions necessary in order to effect the foregoing; d)the sum of $123,694.00 through a transfer from Property Taxes; 4.That the draft debenture by-law attached to this report be enacted; and, 5.That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Executive Summary: The existing 175kW backup power generator serving the Chestnut Hill Developments Recreation Complex (CHDRC) is original to the building, having been installed when it was first constructed in 1983. The unit can no longer be maintained and has reached the end of its serviceable life. Due to increasing demand for backup power at this facility, including the need to power mechanical systems essential to its operation as an - 406 - OPS 14-22 April 25, 2022 Subject: CHDRC Generator Replacement Page 2 emergency heating and cooling centre, the capacity of the replacement generator must be increased. Due to its size, the new generator will also need to be mounted on a new, exterior concrete pad on the arena side of the facility and require an acoustic enclosure in order to mitigate noise during its operation. Generators typically have long lead times for delivery. Recent supply chain disruptions have further aggravated and extended these timelines to a degree which may place the existing equipment at risk of failure. Given the City’s business connection with the Elexicon Group and the additional supply chain access and buying power they hold in this market, staff have worked directly with the utility to develop a viable, timely and cost effective solution to replace this critical infrastructure. Subject to receipt and approval of all submittals required, the proposal submitted by Elexicon Group, dated January 22, 2022, in the amount of $1,164,804.00 (HST included) is recommended for approval. The total gross project cost is estimated to be $1,469,904.00 and the total net project cost is estimated at $1,323,694.00 (net of HST rebate). Financial Implications: 1.Tender Amount Elexicon Group Proposal $1,030,800.00 HST (13%) 134,004.00 Total Gross Tender Cost $1,164,804.00 2.Estimated Project Costing Summary Elexicon Group Proposal $1,030,800.00 Consulting, Testing & Inspection 150,000.00 Controls 40,000.00 Construction Contingency (8%) 80,000.00 Total Project Cost $1,300,800.00 HST (13%) 169,104.00 Total Gross Project Costs $1,469,904.00 HST Rebate (11.24%) (146,210.00) Total Net Project Cost $1,323,694.00 3.Approved Source of Funds -Community Centres Capital Budget Approved Code Source of Funds Funds Available Funds Required 504100-C10225.1902 10-Year Debt $1,100,000.00 $1,200,000.00 504100-C10225.1902 Property Taxes 124,819.00 $1,224,819.00 123,694.00 $1,323,694.00 - 407 - OPS 14-22 April 25, 2022 Subject: CHDRC Generator Replacement Page 3 Project Cost under (over) approved funds by ($98,875.00) Section 11.02 of the Financial Control Policy (FIN 030) requires that where authority has been given in the annual Capital Budget for a particular project, the Chief Administrative Officer, the appropriate Department Head(s), and the Treasurer may jointly approve changes to such authorized amounts provided that the total amount of the over expenditures: (a) does not exceed the lesser of ten percent of the approved capital expenditure or $100,000.00; and, (b) are offset by corresponding under expenditures in other approved capital expenditures. Additionally, Section 11.05 requires that Current and Capital Budget expenditures in excess of the limits established under Section 11.02 shall require the approval of the Treasurer, the Chief Administrative Officer, and Council. Single source purchase of the replacement generator is required in accordance with Section 09.03 of the Purchasing Policy (PUR-010) due to unstable market conditions leading to long lead and delivery times and the required goods being in short supply. Elexicon Group, as a local utility, has greater buying power and the ability to ensure that the required equipment is delivered as soon as possible, maintaining backup power capacity at CHDRC while mitigating the risk of additional costs resulting from potential failure of the existing generator. Discussion: The existing generator at CHDRC was installed in 1983 with a limited capacity of 175kW . The unit is at end of life, and spare parts are no longer available for ongoing service and maintenance. In order to meet growing demand for backup power at this facility, the replacement generator must be increased to 750kW capacity. This is partly due to the increased demand to maintain all key HVAC systems in the building, essential to maintaining a functional status as an emergency cooling and warming centre. The physical size of the new generator will require that it be mounted outdoors on a new concrete pad to be located in a service area near the main arena entrance on the east side of the complex. The scope of work includes removal and disposal of the equipment to be abandoned. Staff explored opportunities to reduce backup power demands, but doing so would result in significant additional costs as internal power systems would then need to be re-wired between standard and backup power distribution. It is more practical and cost effective to size the generator for the peak demand of the building, and allow for operation the entire facility on grid or backup power, while monitoring and managing energy use through the City’s Building Automation Systems. Quick connect ports will also be provided to allow for the new generator to be offline during major maintenance, or to be supplemented with a secondary portable generator in case of a major crisis, emergency or extended repair. The new generator will also be fueled by natural gas, which has proven to be more reliable in case of interference with diesel fuel delivery services, as occurred during the 2013 ice storm. This change will also eliminate the risks associated with storing large volumes of diesel on site. Natural gas lines already feed the recreation complex and run in proximity to the proposed location to the new equipment. Upgrading capacity will be required, and will be completed by Enbridge, who will recover the expense through increased natural gas consumption. No capital - 408 - OPS 14-22 April 25, 2022 Subject: CHDRC Generator Replacement Page 4 costs will be incurred for this upgrade, which can be also be coordinated with the final stages of the water main replacement work started in 2021 in the same area, avoiding the need to cut open freshly paved asphalt. An outdoor generator will require an acoustic enclosure to mitigate noise generated during operation. This was not allowed for in the original budget and added costs to the project, but is required to meet noise thresholds which were specifically reviewed and considered during design work for this project. Consulting costs noted in the financial summary include all fees to date as well as contract administration costs to be incurred during construction. Subject to receipt and approval of all submittals required, the proposal submitted by Elexicon Group, dated January 22, 2022, in the amount of $1,164,804.00 (HST included) is recommended for approval. The total gross project cost is estimated to be $1,469,904.00 and the total net project cost is estimated at $1,323,694.00 (net of HST rebate). Attachment: 1.Debenture By-Law Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Brian Duffield Stan Karwowski, MBA, CPA, CMA Director, Operations Director, Finance & Treasurer Original Signed By: Vince Plouffe Manager, Facilities Capital Projects BD:vp Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 409 - Attachment #1 to Report OPS 14-22 The Corporation of the City of Pickering By-law No. 7928/22 Being a by-law to authorize Chestnut Hill Developments Recreation Complex – Generator Replacement project in the City of Pickering and the issuance of debentures in the amount of $1,200,000.00 Whereas Section 11 of the Municipal Act, 2001, as amended, provides that a lower-tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, Whereas Subsection 401(1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, Whereas Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures; and, Whereas The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the “City”); and, Whereas the Council of the City wishes to proceed with debenture financing for the Chestnut Hill Developments Recreation Complex – Generator Replacement project; and, Whereas before authorizing the generator replacement in respect of the Chestnut Hill Development Recreation Complex – Generator Replacement project in the City of Pickering, the Council of the City had the Treasurer update the City’s Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated limit and therefore, the Ontario Land Tribunal (OLT) approval is not required as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder; and, And whereas after determining that the Ontario Land Tribunal approval is not required, the Council of the City approved report OPS 14-22 on the date hereof and awarded the Chestnut Hill Development Recreation Complex – Generator Replacement project in the City of Pickering. - 410 - ___________________________________ ___________________________________ By-law No. 7928/22 Page 2 Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.That the City proceed with the project referred to as the “Chestnut Hill Developments Recreation Complex – Generator Replacement”; and, 2.That the estimated costs of the project in the amount of $1,323,694.00 be financed as follows: a)That the sum of $1,200,000.00 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed 10 years; b)That the sum of $123,694.00 be funded from Property Taxes; and, 3.That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2022 or such subsequent year in which the debentures are issued and continuing thereafter until the debenture financing is repaid. By-law passed this 25th day of April, 2022 David Ryan, Mayor Susan Cassel, City Clerk - 411 - Report to Council Report Number: PLN 21-22 Date: April 25, 2022 From: Kyle Bentley Director, City Development & CBO Subject: Two-year Period Exemption Request for Minor Variance Application P/CA 66/22 JMPM Holdings Limited & Stuart Mark Golvin 1635 Bayly Street Recommendation: 1. That Council grants an exemption in accordance with Section 45 (1.4) of the Planning Act, R.S.O. 1990, P.13 as amended, and permits the Committee of Adjustment to consider Minor Variance Application P/CA 66/22, submitted by JMPM Holdings Limited & Stuart Mark Golvin, for lands municipally known as 1635 Bayly Street, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands. Executive Summary: This report recommends that Council adopt a resolution in accordance with Section 45 (1.4) of the Planning Act, as amended, permitting the Committee of Adjustment to consider Minor Variance Application P/CA 66/22, submitted by JMPM Holdings Limited & Stuart Mark Golvin, owner of 1635 Bayly Street (see Location Map, Attachment #1). The site-specific Zoning By-law 7828/21, enacted by Council on March 22, 2021, expanded the list of permitted uses within the existing “MC-21” zone. The site-specific zoning by-law permits warehouse use. However, it does not permit outdoor storage. The request for this minor variance application, despite a zoning by-law amendment having been passed within the last two years, is to permit an outdoor storage area associated with a proposed warehouse use (see Approved Site Plan, Attachment #2, and Submitted Conceptual Site Plan, Attachment #3). The outdoor storage area is proposed to be screened along Dillingham Road with a wooden fence and enhanced landscaping (see Conceptual Landscape Plan, Attachment #4 and Landscape Rendering, Attachment #5). Given the configuration of the subject lands with frontages along Bayly Street and Dillingham Road, and that outdoor storage is a prohibited use in the City's Official Plan on the northerly portion of subject lands, there are limited areas to locate the outdoor area while meeting operational requirements of the prospective tenant. Should Council grant the exemption, and the Committee of Adjustment approved the requested minor variance, the applicant will be required to submit a site plan application. Staff will work with the applicant to enhance the landscape buffer along Dillingham Road, and upgrade the perimeter fencing for the proposed outdoor storage area to ensure the exposure of the outdoor storage area is minimized. Staff recommend that Council grant the requested exemption. - 412 - Report PLN 21-22 April 25, 2022 Subject: JMPM Holdings Limited & Stuart Mark Golvin Page 2 Financial Implications: No direct financial implications are arising from Council’s adoption of the recommendation of this report. 1. Discussion Bill 73, the Smart Growth for Our Communities Act, 2015, amended the Planning Act by removing the ability for an applicant to apply for a minor variance for two years following the passing of an applicant-initiated zoning by-law amendment. However, the Planning Act changes also permit a municipal Council to allow minor variance applications to proceed on a case-by-case basis by Council resolution. The Province indicated that the amendment intends to prevent, for a two year period, zoning provisions that Council determines to be important, from being reversed through the minor variance process. 2. Property Description The subject lands are located on the south side of Bayly Street, west of Brock Road within the Brock Industrial Neighbourhood (see Location Map, Attachment #1). The subject lands comprise two properties having a combined area of approximately 2.7 hectares, with frontages along Bayly Street and Dillingham Road. In 2012, the City issued Site Plan Approval, along with subsequent amendments in 2015 and 2017, to facilitate the development of the subject lands for seven separate buildings. The subject property currently supports three industrial/commercial buildings, and future phases include an additional four buildings to be constructed at a later date (see Approved Site Plan, Attachment #2). 3. Council Approved Site-Specific By-law 7828/21 on March 22, 2021 In November 2018, JMPM Holdings Limited & Stuart Mark Golvin applied for a Zoning By-law Amendment to permit additional employment uses, as well as limited personal service and retail uses serving the immediate designated employment area. In addition, specific modifications to the Special Regulations of the site-specific zoning by-law were also made related to limiting personal service and retail uses. Outdoor storage was not included as a permitted use on these lands. On March 22, 2021, Council enacted a site-specific Zoning By-law 7828/21, which expanded the list of permitted uses within the existing “MC-21” zone. 4. Proposed Warehouse Facility and Outdoor Storage Area (Building ‘E’) After the approval of the site-specific zoning by-law amendment, the applicant has been in discussions with a prospective tenant for Building ‘E’ (see Submitted Conceptual Site Plan, Attachment #3). The tenant is a division of the Federal government, which receives and auctions off seized properties, including but not limited to, automobiles and boats. As part of the operation, the tenant requires permission for an outdoor storage area to store large items. - 413 - Report PLN 21-22 April 25, 2022 Subject: JMPM Holdings Limited & Stuart Mark Golvin Page 3 The applicant is proposing a 4,105 square metre single-storey warehouse building with a 3,000 square metre outdoor storage area fronting Dillingham Road. The outdoor storage area will be set back a minimum of 10 metres from the front lot line. An opaque wooden fence, along with enhanced landscaping, is proposed along Dillingham Road to screen the proposed outdoor storage area (see Conceptual Landscape Plan, Attachment #4 and Landscape Rendering, Attachment #5). The height of the proposed wooden fence has not been determined by the applicant. However, the intent is to screen the outdoor storage area as much as possible. Staff will work with the applicant to ensure the most appropriate screening measures are implemented. 5. Outdoor Storage Restrictions within Zoning By-law 2511 The request for this minor variance application, despite a zoning by-law amendment having been passed within the last two years, is to permit an outdoor storage use associated with a proposed warehouse use, whereas the site-specific zoning by-law does not permit outdoor storage. Within the City’s Official Plan, the property has a split designation. The northerly portion of the site is designated as “Employment Areas – Mixed Employment” and the southerly portion is designated as “Employment Areas – General Employment”. The location of the proposed warehouse building straddles the boundary of the designations. However, the entirety of the proposed outdoor storage area is located within the General Employment designation. Outdoor storage is a permissible use within the General Employment designation. As noted above, outdoor storage is not a permitted use on the subject lands. However, within Zoning By-law 2511, outdoor storage is only permitted within the “M2” and “M2S” industrial zones, subject to the following specific regulations in the by-law: • an open storage area shall only be permitted in a rear yard, or not closer than 9.0 metres to any street line, provided that such storage area is not visible from a street; • an open storage area shall not exceed more than 30 percent of the lot area exclusive of the parking area, and shall not exceed the ground floor area of buildings upon the lot; and • an open storage area can be used for only: • the temporary storage of products manufactured, assembled or used on the premises; • the storage of tanks and containers of liquids, gases or other similar materials in the commercial or manufacturing process; and • the storage of materials used in the industrial operation excluding bulk open storage of sand, gravel, stone, coal and construction material or other similar material or products. Other industrial properties immediately south of the subject property have an outdoor storage area, including the abutting property to the southwest at 974 Dillingham Road. All properties along Dillingham Road that contain an outdoor storage area are zoned “M2” within Zoning By-law 2511. - 414 - Report PLN 21-22 April 25, 2022 Subject: JMPM Holdings Limited & Stuart Mark Golvin Page 4 The general intent of the by-law regulations for outdoor storage is to restrict the size and visibility of outdoor storage areas to limit the visual impact on the streetscape, and to restrict the materials stored to be associated with the main industrial use of the property. Given the configuration of the subject lands with frontages along Bayly Street and Dillingham Road, and that outdoor storage is a prohibited use in the City's Official Plan on the northerly portion of subject lands, there are limited areas to locate the outdoor storage area, while meeting operational requirements of the prospective tenant. Furthermore, the proposed outdoor storage area is generally in keeping with the outdoor storage area zoning provisions of the M2 zone category. Should Council grant the exemption, and the Committee of Adjustment approve the requested minor variance, the applicant will be required to submit a site plan application. Through the site plan review process, staff will continue to work with the applicant to enhance the landscape buffer along Dillingham Road and upgrade the perimeter fencing for the outdoor storage area, to minimize the exposure of the outdoor storage area from Dillingham Road. 6. Conclusion It is recommended that Council grant an exemption in accordance with Section 45 (1.4) of the Planning Act and permit Minor Variance Application P/CA 66/22, submitted by JMPM Holdings Limited & Stuart Mark Golvin, to be considered by the Committee of Adjustment. Should Council grant the exemption, Minor Variance Application P/CA 66/22 will be scheduled to be heard at the Wednesday, May 11, 2022 Committee of Adjustment meeting. Attachments: 1. Location Map 2. Approved Site Plan 3. Submitted Conceptual Site Plan 4. Conceptual Landscape Plan 5. Landscape Rendering (View from Dillingham Road) - 415 - Report PLN 21-22 April 25, 2022 Subject: JMPM Holdings Limited & Stuart Mark Golvin Page 5 Prepared By: Original Signed By Felix Chau Planner II Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design FC:ld Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 416 - Attachment #1 to Report #PLN 21-22 B r o c k R o a d Dillingham Road Sa l k R o a d Orangebrook Court Bayly Street Plummer St reet Quigley Street Don BeerArena Location MapFile:Applicant:Municipal Address: P/CA 66/22 Date: Mar. 22, 2022 JMPM Holdings Limited & Stuart Mark Golvin1635 Bayly Street HydroLands SubjectLands 1:4,000SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from:© Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment HydroLands L:\PLANNING\01-MapFiles\PCA\2022\PCA 66-22 JMPM Holdings Limited & Stuart Mark Golvin\PCA66-22_LocationMap.mxd - 417 - Attachment #2 to Report #PLN 21-22 Approved Site Plan File No: P/CA 66/22 Applicant: JMPM Holdings Limited & Stuart Mark Golvin Municipal Address: 1635 Bayly Street FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. Date: March 28, 2022 - 418 - Attachment #3 to Report #PLN 21-22 Submitted Conceptual Site Plan City Development Department April 6, 2022FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. P/CA 66/22 JMPM Holdings Limited & Stuart Mark GolvinApplicant: Municipal Address: DATE: File No: 1635 Bayly Street L:\Planning\01-MapFiles\A\2022 - 419 - Attachment #4 to Report #PLN 21-22 City Development Department Conceptual Landscape Plan File No: P/CA 66/22 Applicant: JMPM Holdings Limited & Stuart Mark Golvin Municipal Address: 1635 Bayly Street FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: April 6, 2022 L:\Planning\01-MapFiles\A\2022 - 420 - Attachment #5 to Report #PLN 21-22 City Development Department Landscape Rendering (View from Dillingham Road) File No: P/CA 66/22 Applicant: JMPM Holdings Limited & Stuart Mark Golvin Municipal Address: 1635 Bayly Street FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: April 6, 2022 L:\Planning\01-MapFiles\A\2022 - 421 - Report to Council Report Number: PLN 22-22 Date: April 25, 2022 From: Kyle Bentley Director, City Development & CBO Subject: Environmental Registry Postings 019-5284 and 019-5285 -Comments on proposed Bill 109, More Homes For Everyone -File: L-1100-057 Recommendation: 1. That Council endorse the comments prepared by staff in Report PLN 22-22; and 2. That Council authorize staff to respond to Environmental Registry of Ontario numbers 019-5284 and 019-5285 with a copy of Report PLN 22-22 and Council’s resolution thereon, and that a copy of Report PLN 22-22 be forwarded to the Minister of Municipal Affairs and Housing, MPP Peter Bethlenfalvy, the Regional Municipality of Durham, and other Durham Area Municipalities. Executive Summary: On March 30, 2022, the Ministry of Municipal Affairs and Housing posted two proposals on the Environmental Registry of Ontario (ERO), numbers 019-5284 and 019-5285, for a 30-day commenting period, to seek input on proposed changes to a number of pieces of legislation, including the Planning Act. These changes are intended to streamline the development approvals process and increase housing supply in Ontario. This report contains comments on, and an assessment of, possible implications of the proposed legislative changes. Comments are requested by April 29, 2022. City staff are seeking Council’s endorsement of these comments, and authorization to submit them to the ERO. Financial Implications: This report has no direct financial implications for the City. However, Section 2 of the report outlines impacts to the City’s application revenues, should the proposed Provincial legislation proceed. 1. Background On March 30, 2022, the government released its More Homes for Everyone Plan, that proposes targeted policies and initiatives to address market speculation, protect homebuyers, and increase housing supply. Bill 109 – the More Homes for Everyone Act, 2022, was introduced as part of this initiative, and the City has an opportunity to offer feedback on the changes proposed under the legislation. The due date for municipalities to comment on the draft bill is April 29, 2022. The More Homes for Everyone Plan was preceded by: - 422 - Report PLN 22-22 April 25, 2022 Subject: Bill 109, More Homes For Everyone Page 2 • the Province’s Housing Affordability Task Force’s report released on February 8, 2022; • the Ontario-Municipal Housing Summit and Rural Housing Roundtable; and • feedback from municipalities and meetings with the leaders of municipal organizations. The two key messages received by the Provincial government were: streamline the development approvals process; and increase housing supply. The following sections detail the proposed changes in Bill 109, that are expected to be of greatest interest to the City, followed by staff’s recommendations in bold. 2. Proposed Changes 2.1 Site Plan Control The Province is proposing to extend the site plan application review timeframe from 30 to 60 days. The review time referenced is the one that allows an applicant to appeal the municipality’s failure to approve the submitted plans and drawings to the Ontario Land Tribunal 30 days after the application is deemed complete. Based on many years of experience, it is the opinion of staff that 30 days is completely unrealistic to achieve site plan approval, and that 60 days is equally unrealistic. The City has not had any appeals of this nature in the past 20 years. Approval timeframes depend on many things, including response times from commenting agencies, and staffing resources to process the volume of applications, that are not always within the City’s control. Some of the agencies with the longest response times are Provincial (such as the Ministry of Transportation). In addition, applicant response time to address missing or required material is definitely not within the control of the municipality, and has a major impact on timeframes. In 2020, the Planning & Design Division converted to electronic submission, and circulation of planning applications. The City is continuously improving its development review process, with the goal of efficiently facilitating development, including that of quality, and location-appropriate, new housing supply. Staff recommend that the site plan application review timeframe be based on realistic timeframes experienced by municipalities across the Province. 2.2 Refund Application Fee The Province is proposing to require municipalities to refund site plan control application fees and zoning by-law amendment application fees, on a graduated scale, if a decision on an application has not been made within the required timeframes. Requiring the City to refund application fees unfairly places the responsibility for delays exclusively on municipalities. Commenting agencies that also require a review fee (i.e., Durham Region, conservation authorities) are not being required to refund the fees they collect. It also absolves applicants of responsibility when sub-par studies and application materials results in multiple resubmissions. - 423 - Report PLN 22-22 April 25, 2022 Subject: Bill 109, More Homes For Everyone Page 3 In the case of zoning by-law amendments, this requirement would unfairly penalize the City for responding to new information brought forward at the public meeting, which requires further review or analysis. Development is intended to pay for development. Despite this principle, application fees only reflect a portion of the overall costs incurred by the City to review applications. The threat of refunding development application fees will not lead to faster decision making by municipalities. Instead, it will shift the full cost of municipal review onto the existing tax payers. If the Province chooses to move forward with this change, the City could choose to review and update the Fees By-law by instituting a resubmission fee that is equal to the amount of the initial application fee. If the City must forfeit the original application fee due to required revisions to the application materials, the applicant should be held responsible for the lost revenue and increased timeframes. However, this will still not address the scenarios, where delays are caused by late responses from public agencies. Staff strongly recommend that the Province not proceed with this change. 2.3 Plans of Subdivision The Province is proposing to establish a regulation-making authority to determine what can and cannot be required as a condition of a draft plan of subdivision approval, with the goal of preventing scope creep. It is unclear at this time what conditions will be included within/excluded from subdivision approvals. Some standards could be Province-wide but others may not be appropriate since standards should be tied to local context, and specific issues identified during the review of the subdivision. For example, stormwater management controls differ across various parts of the municipality, or a condition may be imposed to address a community or neighbourhood concern. Staff recommend that the Province not proceed with this change. In addition, the Province is proposing to grant municipalities a one-time discretionary authority to reinstate draft plans of subdivision that have lapsed within the past five years in the cases where units have not been pre-sold. Staff supports this change, as long as the decision of whether or not to reinstate the recently lapsed draft plans of subdivision remains at the municipalities’ discretion, and that such plans still constitute good planning. There may be circumstances where the underlying conditions have changed since the original approval, that would require a revision to the original plan of subdivision. Staff recommend that the Province proceed with this change, provided that municipalities have the authority to choose whether or not to use it. - 424 - Report PLN 22-22 April 25, 2022 Subject: Bill 109, More Homes For Everyone Page 4 2.4 Development Securities The Province is proposing to establish regulation-making authority to authorize landowners and applicants to stipulate the type of surety bonds used to secure obligations in development agreements. The City currently accepts surety bonds issued by financial institutions that have a credit rating of “A”, as measured by AM Best rating agency. As part of the rating process undertaken by the rating agency, a comprehensive analysis is completed, consisting of quantitative and qualitative evaluation of balance sheet strength, operating performance, business profile, and enterprise risk. However, a rating of a company is a point in time measurement, and it cannot be considered as a fact or guarantee of future credit quality and/or future financial solvency. When a rating agency provides its opinion, it is provided on an “as is” basis without any expressed or implied warranty. Although the City tries to mitigate its risks, by only accepting surety bonds issued by highly rated financial institutions, the surety bond does not provide the same level of guarantee or financial security as a “Letter of Credit”. If the Province adopts legislation to compel municipalities to accept surety bonds over letter of credits, the Province should be the guarantor of last resort to mitigate the financial risk for the City. Staff recommend that the Province not proceed with this change. If the Province chooses to proceed with this change, then staff recommend that the Province be the guarantor of last resort for these bonds. 2.5 New Reporting Requirements The Province is proposing that the annual treasurer's statement should set out whether the municipality still anticipates incurring the capital costs projected in the municipality's DC background study for a given service. If not, an estimate of the anticipated variance from that projection would be provided along with an explanation for it. The major concern is what is meant by the term “variance” and “service”. If the terms encompass detailed analysis, including specific project timing or cost changes, the reporting could become burdensome. Staff recommend that the Province release a full draft of the regulation change so that staff can provide robust feedback. The Province is proposing that municipalities report on how the municipal need for parks, set out within their parks plans, is being addressed through the parkland dedication levies they are collecting. The need for outdoor amenity space to serve the residents of our City is not being fully met through the amount of public parkland being acquired from parkland dedication or equivalent cash contribution. Similar to Development Charges, the City currently reports the activity for our Parkland Dedication Reserve Fund on our annual Treasurer’s Statement. If required, the City can also provide a listing of committed and forecasted projects to give full transparency on how Parkland Dedication levies are being utilized. Staff have no objection to the Province proceeding with this change. - 425 - Report PLN 22-22 April 25, 2022 Subject: Bill 109, More Homes For Everyone Page 5 2.6 Development Related Charges The Province is proposing to require municipalities to post annual financial reports for development-related charges on their websites. Since this is already being done by the City, staff recommend that the Province proceed with this change. The Province is also proposing to mandate a five-year review cycle of community benefit charges (CBCs) for municipalities that have implemented them, with a requirement that councils pass a by-law to indicate if changes are required. The City’s Finance Department has undertaken work, with the assistance of a consultant, to develop a CBC strategy by September 2022. Given the dynamic nature of city development and factors impacting growth, it would be appropriate to mandate a periodic review of CBCs. Staff recommend that the Province proceed with this change. 2.7 Parkland Dedication The Province is proposing to implement a tiered alternative parkland dedication rate, that would only apply to Transit-Oriented Community developments. For smaller sites that are 5 hectares or less, the parkland dedication would be up to 10 percent of the land or equivalent value. For sites larger than 5 hectares, parkland dedication would be up to 15 percent of the land or its equivalent value. This change is intended to provide certainty to developers about the parkland commitment/costs associated with development. This provision applies only to lands designated, by a Provincial Order in Council, as Transit Oriented Community land, under the Transit Oriented Communities Act, 2020. At this time, no parts of Pickering have been designated Transit Oriented Community. The proposed change would reduce the overall amount of parkland provided at these high density locations. Currently, municipalities have the ability to request a parkland ratio of 1 hectare of parkland for every 300 units (or part thereof). The proposed method for calculating parkland would result in the same amount of parkland being provided whether the site was developed for 50 units or 500 units. Staff recommend that the Province not proceed with this change. In addition, the Province is proposing that a Minister’s order could identify that encumbered land could be used as part of the parkland dedication requirements provided to a municipality. This provision is also only for lands designated, by a Provincial Order in Council, as Transit Oriented Community land, under the Transit Oriented Communities Act, 2020. Encumbered lands would include lands above servicing easements which would limit tree plantings and other recreational infrastructure. In addition, this land may not be appropriately sized or located to provide effective park space (i.e., long and narrow strips of land). Staff recommend that the Province not proceed with this change. - 426 - Report PLN 22-22 April 25, 2022 Subject: Bill 109, More Homes For Everyone Page 6 2.8 Community Infrastructure and Housing Accelerator The Government of Ontario is introducing the Community Infrastructure and Housing Accelerator (CIHA) tool which would allow municipalities to submit a request to the Minister of Municipal Affairs and Housing to expedite approvals for local priorities such as market-rate housing, non-profit housing, and long-term care facilities. Local councils would be required to pass a council motion, and to host a public meeting to discuss the use of a CIHA for each project. Finally, a municipality would submit a request to the Minister of Municipal Affairs, who could impose conditions on the CIHA. The order, however, is not required to comply with the Provincial Policy Statement, Provincial Plans (except the Greenbelt Plan) or official plans. The new CIHA tool resembles municipally requested Minister’s Zoning Orders (MZOs), but with added public consultation requirements to ensure that residents have an opportunity to provide feedback on such requests. This approach provides more transparency to the MZO process that has been applied over the last several years. While the City can still advocate to the Province for rapid approval of development with high community benefits, this new tool would formalize a process for public engagement that may resemble a traditional rezoning. While not needing to comply with higher order provincial planning documents and official plans, staff caution that any such requests should be located where appropriate services, facilities, servicing capacity, and other amenities are available. Further, the location should represent logical and orderly development, and good planning. Staff recommend that the Province proceed with this change. 2.9 Data Collection Planning Act amendments are being proposed to require public reporting by planning authorities on development applications that have been submitted, are deemed complete, are under review, and approved. Staff recommend that the Province proceed with this change as this is already being done by the City. In addition, the Province is proposing to create a “development approvals data standard” to ensure a more efficient and streamlined approvals process and coordination between municipalities and the development industry. In 2020, the City installed Bluebeam Revu software for the review of building permit applications. This software and standard practice improvement has facilitated the electronic submission, circulation, and review of building permit applications, which has made the overall process more convenient for customers (i.e., submissi ons can be made remotely rather than in-person). While it has taken time to establish templates and processes to support paperless plans review, and to train staff, the move to electronic markup has proven to be an improvement to operations. - 427 - Report PLN 22-22 April 25, 2022 Subject: Bill 109, More Homes For Everyone Page 7 With the support of the Provincial Streamline Development Approval Fund, staff are in the midst of pursuing an expansion of the digital application system to include a public portal, with user dashboard functionality, which will further integrate processes and improve the customer experience. Staff recommend that the Province proceed with this change as this is already being done by the City. 2.10 Ontario Land Tribunal and the Landlord and Tenant Board The Province of Ontario is investing $19 million to reduce the backlog of cases and increase the decision-making speed at the Ontario Land Tribunal (OLT) and Landlord and Tenant Board. Any additional investment to the OLT and Landlord and Tenant Board will provide benefit to resolving outstanding land use matters and encouraging private investment in housing and, in particular, the rental market. Staff recommend that the Province proceed with this change. 2.11 Regional Official Plan Amendments Amendments are being proposed that allows the Minister, where they are the approval authority for Regional/Upper tier Official Plans and amendments thereto, to suspend the 120-day approval period, after which the municipalities would be able to appeal the failure to make a decision. Also, it allows the Minister to refer these approvals to the OLT for a recommendation and/or a decision. The ability of suspending the 120-day approval period, in essence suspending the ability of the municipality to appeal, is an admission that the planning review and approval process is complex and time consuming. It appears that this proposed change will add an additional layer of litigation to the approval process for Regional Official Plans and Amendments. This change would be counter-productive to the goal of speeding up the approval of new housing approval. Further details are required to understand the full implications of this change. Staff recommend that the Province not proceed with this change. 2.12 Planning For Future Growth The Province is proposing to connect transit ridership forecasts to growth of housing and employment. In principle, connecting transit investments with population growth makes sense. However, it is unclear how transit and land use planning will be impacted by this change. Staff recommend that the Province provide further information about this change. - 428 - Report PLN 22-22 April 25, 2022 Subject: Bill 109, More Homes For Everyone Page 8 2.13 Ontario Homebuyer and Renter Protections The Province of Ontario is also introducing new provisions to protect residents who buy, own, and rent homes. This includes: • increasing the non-resident speculation tax rate from 15% to 20%, and the expansion of this tax across Ontario; • establishing a province-wide working group with municipalities who intend on establish a vacant home tax, where best practices can be shared; • working to establish measures relating to land speculation, such as construction shutdowns, which can be used to drive up housing costs; • amending the New Home Construction Licensing Act, 2017 and the Ontario New Home Warranties Plan Act to increase the fines and administrative penalties; • empowering the new home building industry regulator, the Home Construction Regulatory Authority, with a mandate to address “unethical builder and vendor conduct”; • requiring a condominium information sheet for pre-construction units, and increasing the amount of interest that is payable on new construction units in situations such as when a project is cancelled, to benefit new homebuyers. These changes could help prevent land speculation that inflates housing prices, and could also increase protection of homeowners from unethical practices within the building industry. Staff recommend that the Province proceed with these changes. 2.14 Using Surplus Provincial Lands The Province is proposing a Centre of Realty Excellence (CORE) that would determine how Ontario could better utilize its portfolio of surplus land for projects, such as long-term care and non-profit housing. This would include developing a process to streamline access to these lands for housing providers. Staff recommend that the Province proceed with this change. The Province may also consider issuing proposal calls for these lands. 3. Conclusion The legislation introduced on March 30, 2022 has been posted to the Environmental Registry of Ontario for a 30-day comment period which closes on April 29, 2022. According to the current standing orders of the legislature, the final day that the House may meet before the Provincial election is May 4, 2022. Staff are doubtful that the changes proposed by Bill 109 will lead to more rapid development approvals. Simply saying it must be done faster, and imposing financial penalties directly affecting the funding of staff to process such applications, does not mean it can be done faster, given the number of applications and the number of stakeholders who must contribute to the planning approval process. Further, the - 429 - Report PLN 22-22 April 25, 2022 Subject: Bill 109, More Homes For Everyone Page 9 proposed changes do not directly provide for the creation of affordable housing or high quality urban design. Municipalities are being asked to make a number of compromises, in favour of the idea of accelerated development approvals. Staff recommend that Council endorse the comments contained within Report PLN 22-22 and direct staff to respond to ERO postings 019-5284 and 019-5285 with a copy of Report PLN 22-22 and Council’s resolution. Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Paul Wirch, RPP Catherine Rose, MCIP, RPP Principal Planner, Policy Chief Planner Original Signed By Original Signed By Déan Jacobs, MCIP, RPP Kyle Bentley, P. Eng. Manager, Policy & Geomatics Director, City Development & CBO PW :ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 430 - Memo To: Susan Cassel April 19, 2022 City Clerk From: Catherine Rose Chief Planner Copy: Manager, Development Review & Urban Design (Acting) Planner II Subject: Amending By-law for Zoning By-law Amendment Application A 11/21 Universal City Seven Developments Inc. Southwest corner of Sandy Beach Road and future Celebration Drive (Part of Lot 21, Concession 1, Now Part 3 40R-30834) Amending By-law 7924/22 Statutory Public Meeting Date January 10, 2022 Planning & Development Committee Date April 4, 2022 Purpose and Effect of By-law To permit a 37-storey residential condominium building with approximately 482 residential units at the southwest corner of Sandy Beach Road and future Celebration Drive. Council Meeting Date April 25, 2022 Note On April 4, 2022, the Planning & Development Committee endorsed staff’s recommendation that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 17-22, be finalized and forwarded to Council for enactment. Original Signed By Catherine Rose IL:ld J:\Documents\Development\D-3300\2021\A 11-21\12. By-law Attachments By-law Text Schedule I - 431 - The Corporation of the City of Pickering By-law No. 7924/22 Being a By-law to amend Zoning By-law 7553/17, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 21, Concession 1, Now Part 3 40R-30834, in the City of Pickering (A 11/21) Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit a high-density residential condominium building on lands being Part of Lot 21, Concession 1, Now Part 3 40R-30834, City of Pickering; And whereas an amendment to By-law 7553/17, as amended, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Section 6, Exceptions, and Schedule 7 of Zoning By-law 7553/17, as amended, is further amended by adding a new Exception E16 as follows: 6.16.1 Zone Provisions The following regulations apply: a) Notwithstanding Section 4.2 b) ii) and Schedule 5, related to Maximum Building Height, the height of a building or structure shall not exceed a building height of 117 metres (37-storeys). b) Notwithstanding Section 3.1, Table 1, related to Parking Space Requirements, the minimum parking ratio shall be 0.65 parking spaces per apartment dwelling unit for residents, and 0.15 parking spaces per apartment dwelling unit for visitors. c) Notwithstanding Section 4.2 j) i) and ii) related to Minimum Main Wall Stepback for Buildings greater than 37.5 metres and buildings equal to and greater than 73.5 metres, the minimum main wall stepback shall not apply. d) Notwithstanding Section 4.2 k) i) related to Balcony Requirements, the minimum area of a balcony is 4 square metres. e) Notwithstanding Section 4.2 l), related to Continuous Length of Buildings along a Street Line, a minimum 55 percent of the street frontage of a lot along Celebration Drive must be occupied by a building. f) Notwithstanding Section 3.7 b), related to Surface Parking Spaces, a minimum 0.6 metre wide landscaped area shall be required and permanently maintained between the west lot line and the parking spaces or aisles. g) Notwithstanding Section 4.2 o) i) related to Amenity Space Requirements for Apartment Dwellings, a minimum of 1.9 square metres of indoor amenity space is required per apartment dwelling unit. h) Notwithstanding Section 4.2 f) ii) related to Podium Requirements for Buildings greater than 37.5 metres, structures on the podium for noise attenuation purposes may exceed the maximum podium height of 20.0 metres. - 432 - By-law No. 7924/22 Page 2 2. Schedule 7, Exceptions, of Zoning By-law 7553/17, as amended, is further amended by adding an E16 notation as depicted on Schedule I to this By-law. 3. That By-law 7553/17, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 7553/17, as amended. 4. That this By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 25th day of April, 2022. ___________________________________ David Ryan, Mayor ___________________________________ Susan Cassel, City Clerk - 433 - Bayly Street Sa n d y B e a c h R o a d Alliance Road Reytan Boulevard Clerk Mayor N 7924/22Schedule I to By-Law Passed This 25th Day of April 2022 E16 Highway 401 Kros n o B o u l e v a r d - 434 - Memo To: Susan Cassel April 19, 2022 City Clerk From: Catherine Rose Chief Planner Copy: Manager, Development Review & Urban Design (Acting) Planner II Subject: Amending By-law for Zoning By-law Amendment Application A 11/21 Universal City Seven Developments Inc. Southwest corner of Sandy Beach Road and future Celebration Drive (Part of Lot 21, Concession 1, Now Part 3 40R-30834) Amending By-law 7925/22 Statutory Public Meeting Date January 10, 2022 Planning & Development Committee Date April 4, 2022 Purpose and Effect of By-law To remove the “H6” Holding Symbol on lands being Part of Lot 21, Concession 1, Now Part 3 40R-30834. Council Meeting Date April 25, 2022 Note On April 4, 2022, the Planning & Development Committee endorsed staff’s recommendation that the draft Zoning By-law to remove the “H6” Holding Symbol, as set out in Appendix II to Report PLN 17-22, be finalized and forwarded to Council for enactment. Original Signed By Catherine Rose IL:ld J:\Documents\Development\D-3300\2021\A 11-21\12. By-law Attachments By-law Text Schedule I - 435 - The Corporation of the City of Pickering By-law No. 7925/22 Being a By-law to amend Zoning By-law 7553/17, as amended, to remove the holding provision “H6” (A 11/21) Whereas Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended, permits a Council to pass a by-law prohibiting the use of land, buildings or structures within a defined area or areas; Whereas Section 36 of the Planning Act, R.S.O. 1990, c.P.13, as amended, permits a Council to pass a by-law to specify the use to which lands, buildings or structures may be put at such time in the future as the hold symbol is removed by amendment to the by-law; Whereas Zoning By-law 7553/17 is the governing By-law of The Corporation of the City of Pickering pertaining to the subject lands; Whereas the Council of the Corporation of the City of Pickering has deemed it advisable to amend Zoning By-law 7553/17; Whereas it has been confirmed to Council that all of the conditions required for the removal of the H6 Holding Symbol from the subject lands have been addressed to the satisfaction of the City; and Now therefore the Council of The Corporation of the City of Pickering enacts as follows: 1. That By-law 7553/17 is hereby further amended as follows: 1.1 Schedule 8 of By-law 7553/17, as amended, is further amended by removing the “H6” Holding symbol for the lands outlined on Schedule I attached hereto. 2. That By-law 7553/17, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 7553/17, as amended. 3. That this By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 25th day of April, 2022. ___________________________________ David Ryan, Mayor ___________________________________ Susan Cassel, City Clerk - 436 - Bayly Street Sa n d y B e a c h R o a d Highway 401 Poprad Avenue Alliance Road Reytan Boulevard Clerk Mayor N 7925/22Schedule I to By-Law Passed This 25th Day of April 2022 RemoveH6HoldSymbol 66m 78 m 78 m 66m Kros n o B o u l e v a r d H6 H6 - 437 - Memo To: Mayor Ryan Members of Council April 25, 2022 From: Jennifer Eddy Director, Human Resources Copy: Chief Administrative Officer City Clerk Subject: Appointment By-law - Fire Chief The current Fire Chief John Hagg, will be retiring on May 31, 2022. The City undertook a recruitment process to select a new Fire Chief, with Stephen Boyd, Deputy Fire Chief being the successful candidate. Accordingly, please find attached By-law No. 7929/22 to appoint Stephen Boyd as the new Fire Chief effective June 1, 2022. Original Signed by Jennifer Eddy JE:lb Attachment: By-law 7929/22 - 438 - The Corporation of the City of Pickering By-law No. 7929/22 Being a by-law to appoint Stephen Boyd as Fire Chief of The Corporation of the City of Pickering Whereas Subsection 6(1) of the Fire Protection and Prevention Act 1997, S. O. 1997, c. 4, provides that if a fire department is established for a municipality, the Council of the municipality shall appoint a Fire Chief; and Now therefore, the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.That Stephen Boyd is hereby appointed Fire Chief of The Corporation of the City of Pickering, effective June 1, 2022; and, 2.By-law 7334/14, being a By-law to appoint John Hagg as Fire Chief, is hereby repealed, effective June 1, 2022. By-law passed this 25th day of April, 2022. ________________________________ David Ryan, Mayor ________________________________ Susan Cassel, City Clerk - 439 - Memo To: Susan Cassel April 20, 2022 City Clerk From: Catherine Rose Chief Planner Copy: Manager, Development Review & Urban Design Principal Planner, Development Review Subject: Amending By-law for Zoning By-law Amendment Application A 11/19 Amberlea Creek Development Inc. Part of Lot 28, Range 3 BFC, now Parts 1 and 2, 40R-9413 (760 Kingston Road) Amending By-law 7930/22 for Zoning By-law Amendment Application A 11/19 Statutory Public Meeting Date November 4, 2019 Planning & Development Committee Date September 13, 2021 Subject Lands Located on the north side of Kingston Road, east of Delta Boulevard, municipally known as 760 Kingston Road (see Location Map) Purpose and Effect of Amending By-law 7930/22 To rezone the subject lands from “(H)MU-26” to “MU-33” to facilitate a residential condominium consisting of 88 stacked townhouse units accessed from a private road. The site-specific implementing zoning by-law establishes appropriate performance standards including, but not limited to, requirements for minimum vehicle and bicycle parking, maximum building heights, minimum building setbacks, and minimum private outdoor amenity space. Council Meeting Date for By-law April 25, 2022 - 440 - April 20, 2022 Page 2 of 2 By-law 7930/22 (A 11/19) Notes: On September 13, 2021, Council approved Zoning By-law Amendment Application A 11/19 to facilitate a residential condominium consisting of 88 stacked townhouse units. On July 22, 2021, the applicant applied for site plan approval. Through the site plan review process, the applicant has been working with staff to further refine the proposal based on a detailed review of the site plan, architectural drawings, site servicing and grading plans, and landscaping drawings. The following refinements have been made to the amending zoning by-law based on staff’s review of the site plan: •enlarged the permitted building envelope to accommodate the most southerly townhouse block, resulting in a reduction of the west side yard setback from 4.5 metres to 3.0 metres; •included zoning provisions to permit canopies, pergolas and similar ornamental structures to be located beyond the building envelope; •included a zoning provision to require a minimum setback for air conditioner units from all property lines; •removed a provision requiring a minimum balcony depth of 1.5 metres to permit additional secondary balconies having depths of less than 1.5 metres; •included provisions requiring secured bicycle parking; •slightly refined the 3.0 metre landscape width along the north limit of the property to accommodate a corner rounding for the private road connection; and •slightly reduced the minimum required common outdoor amenity area (private park) from 590 square metres to 540 square metres to reflect a more accurate area calculation of the usable park space by removing the pedestrian walkway along the east property from the amenity area calculation. The applicant and their planning consultant have reviewed the attached zoning by-law amendment and concur with staff’s recommended changes. Original Signed By Catherine Rose CM:ld \\Fs\planning\Documents\Development\D-3300 Zoning By-law Amendments (A Applications)\2011-2019\2019\A 11-19\Memos\By-law Chart Memo to Clerks.docx Attachments Location Map By-law (Text & Schedules) - 441 - Wh i t e s R o a d Kingston R o a d Ed g e w o o d R o a d Shadybrook Drive Cobblers Court Kates Lane Sheppard Avenue Dunfair Street Marinet C r e s c e n t Delt a B o ule v a r d We y b u r n S q u a r e Bayly S t r e e t Highway 4 0 1 ShadybrookTot Lot City DevelopmentDepartment Location MapFile:Applicant:Municipal Address: A 11/19 Date: Jul. 28, 2021 Amberlea Creek Developments Inc. 760 Kingston Road SubjectLands DunbartonHigh School L:\PLANNING\01-MapFiles\A\2019\A 11-19 - Amberlea Creek Development Inc\A11_19_LocationMap_v2.mxd 1:4,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved.- 442 - The Corporation of the City of Pickering By-law No. 7930/22 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, being Part of Lot 28, Range 3 BFC, now Parts 1 and 2, 40R-9413, City of Pickering (A 11/19) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part of Lot 28, Range 3 BFC, now Parts 1 and 2, 40R-9413, in the City of Pickering to permit the development of a residential condominium consisting of stacked townhouse units accessed from a private road; And whereas an amendment to Zoning By-law 3036, as amended by By-law 7437/15, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.Schedules I, II and III Schedules I, II and III to this By-law with notations and references shown thereon are hereby declared to be part of this By-law. 2.Area Restricted The provisions of this By-law shall apply to those lands in Part of Lot 28, Range 3 BFC, now Parts 1 and 2, 40R-9413 in the City of Pickering, designated “MU-33” on Schedule I to this By-law. 3.General Provisions No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4.Definitions In this By-law, (1)“Amenity Area” means an outdoor area located anywhere on a lot, or the roof of a parking structure, private garage or any other building, which includes landscape area, but which may also include areas of decking, decorative paving or other similar surface, and includes a balcony, porch or deck, and which has direct access from the interior of the dwelling unit. (2)“Balcony” means an attached covered or uncovered platform projecting from the face of an exterior wall, including above a porch, which is only directly accessible from within a building, usually surrounded by a balustrade or railing, and does not have direct exterior access to grade. - 443 - By-law No. 7930/22 Page 2 (3)“Bay, Bow, Box Window” shall mean a window that protrudes from the main wall, usually bowed, canted, polygonal, segmental, semicircular or square sided with window on front face in plan; one or more storeys in height, which may or may not include a foundation; may or may not include a window seat; and may include a door. (4)“Build-to-zone” shall mean an area of land in which all or part of a building elevation of one or more buildings is to be located. (5)“Bicycle Parking Space” shall mean an area used exclusively for parking or storing a bicycle. (6)(a) “Dwelling” means a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b)“Dwelling Unit” means a residential unit that: i)consists of a self-contained set of rooms located in a building or structure; ii)is used or intended for use as a residential premises; iii)contains kitchen and bathroom facilities that are intended for the use of the unit only; and iv)is not mobile home or any vehicle. (c)“Dwelling, Stacked” means a residential use building of four or fewer storeys in height containing three or more principle dwelling units where the units are divided horizontally and vertically, and in which each dwelling unit has an independent entrance to the unit. (7)“Grade” or “Established Grade” means the average elevation of the finished level of the ground adjoining all exterior walls of a building. (8)“Height, Building” shall mean the vertical distance between the established grade, and in the case of a flat roof, the highest point of the roof surface or parapet wall, or in the case of a mansard roof the deck line, or in the case of a gabled, hip or gambrel roof, the mean height level between eaves and ridge. When the regulation establishes height in storeys, means the number of storeys. The height requirements of this By-law shall not apply to roof top mechanical penthouse. (9)“Landscaped Area” means an outdoor area on a lot comprising recreational elements, trees, plants, decorative stonework, retaining walls, walkways, or other landscape or architectural elements, excluding areas for loading, parking or storing of vehicles. (10)“Parapet Wall” shall mean the portion of an exterior wall extending above the roof. (11)“Park, Private” shall mean a park which is maintained by a condominium corporation. - 444 - By-law No. 7930/22 Page 3 (12)“Porch” means a roofed deck or portico structure attached to the exterior wall of a building, a basement may be located under the porch. (13)“Primary Entrance Door” means the principal entrance by which the resident enters or exists a dwelling unit. (14)“Storey” shall mean that portion of a building other than a basement, cellar or attic, included between the surface of any floor and the surface of the floor, roof deck or ridge next above it. (15)“Street, Private” means: i)a right-of-way or roadway, that is used by vehicles and is maintained by a condominium corporation; ii)a private road condominium, which provides access to individual freehold lots; iii)a private right-of-way over private property, that affords access to lots abutting the private street; but is not maintained by a public body and is not a lane. (16)“Wall, Front” shall mean the wall of the dwelling closest to the front lot line. (17)“Water Meter Building” means a building or structure that contains devices supplied by the Region of Durham which measures the quality of water delivered to a property. 5.Provisions (“MU-33” Zone) (1)Uses Permitted (“MU-33” Zone) (a)No person shall within the lands zoned “MU-33” on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i)Dwelling, Stacked (2)Zone Requirements (“MU-33” Zone) No person shall within the lands zoned “MU-33” on Schedule I to this By-law, use any lot or erect, alter, or use any building except in accordance with the following provisions: (a)Number of Dwelling Units: (i)Minimum number of dwelling units: 23 units (ii)Maximum number of dwelling units: 88 units - 445 - By-law No. 7930/22 Page 4 (b)Building Location and Setbacks: (i)No building or part of a building, or structure shall be erected outside of the building envelope as illustrated on Schedule II attached hereto; (ii)No building or portion of a building or structure shall be erected within the building envelope, unless a minimum of 60 percent of the entire length of the build-to-zone, as illustrated on Schedule II attached hereto, contains a continuous portion of the exterior wall of a building; (iii)A minimum separation between buildings of 12.0 metres, excluding any parking garage stair access and parking garage structure. (iv)A below grade parking structure shall be permitted beyond the limits of the building envelope as identified on Schedule II attached hereto, but no closer than 15.0 metres from the north lot line and no closer than 4.5 metres from all other lot lines. (c)Building Height: (i)Maximum Building Height: 13.0 metres (4 storeys) (d)Private Outdoor Amenity Area: (i)Minimum: 4.5 square metres per dwelling unit (e)Private Park Area: (i)Minimum: 540 square metres (f)Parking Requirements: (i)Minimum 1.0 parking space per dwelling unit plus 0.2 of a parking space per dwelling unit for visitors. (ii)Surface parking spaces shall not be permitted within 15.0 metres of the north property line. (iii)Air vents constructed in association with a below grade parking structure are permitted to project to a maximum of 1.2 metres above established grade, but no closer than 4.0 metres to a street line. (g)Bicycle Parking Requirements (i)Minimum 1.0 bicycle parking space per dwelling unit. - 446 - By-law No. 7930/22 Page 5 (ii)Dimensions: (a)if located in a horizontal position (on the ground): a minimum length of 1.8 metres and a minimum width of 0.6 metres; (b)if located in a vertical position (on the wall): a minimum length of 1.5 metres and a minimum width of 0.5 metres. (iii)A minimum of 50 percent of the required bicycle parking spaces must be located within: (a)a building or structure; (b)a secure area such as a supervised parking lot or enclosure; or (c)bicycle lockers. (3)Special Provisions (“MU-33” Zone) (a)Obstruction of Yards (i) Despite Section 5(2)(b)(i), stairs, covered and uncovered porches and platforms, parking garage structure, bay, box and bow windows, balconies, eaves, canopies, window sills and other similar features are permitted to project beyond the building envelope as illustrated on Schedule II, but not closer than 1.0 metre to any lot line; (ii)Despite Section 5(2)(b)(i), canopies, pergolas and other similar ornamental structures shall be permitted beyond the limits of the building envelope as illustrated on Schedule II; (iii)Despite Section 5(2)(b)(i), air conditioners are permitted beyond the limits of the building envelope as illustrated on Schedule II, but not closer than 3.0 metres to any lot line; (iv)Despite Section 5(2)(b)(i), waste shall be stored within a fully enclosed building, structure or partially underground structure, which shall be permitted to be located beyond the limits of the building envelop as identified on Schedule II attached hereto. (b)Despite Sections 5(1)(a) and 5(2) of this By-law, a water meter building required by the Region of Durham for the purpose of measuring the quantity of water delivered shall be exempt from the “MU-33” zone use provisions and zone requirements. - 447 - By-law No. 7930/22 Page 6 (c)Despite Sections 5.7, 5.21.2 and 5.22 of By-law 3036, as amended, shall not apply to the lands zoned “MU-33” on Schedule I attached hereto. (d)A landscaped area shall be provided along the north property line as identified on Schedule III. 6.By-law 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 7.Effective Date This By-law shall come into force in accordance with Sections 24(2), 34(21) and other relevant provisions of the Planning Act. By-law passed this 25th day of April, 2022. ___________________________________ David Ryan, Mayor ___________________________________ Susan Cassel, City Clerk - 448 - Kingston R o a d Sheppard Avenue De l t a B o u l e v a r d Omega Drive Clerk Mayor N 7930/22Schedule I to By-Law Passed This 25th Day of April 2022 74.0m 83.7m 12 3 . 6 m 84 . 6 mMU-33 - 449 - Kingston R o a d Sheppard Avenue De l t a B o u l e v a r d Omega Drive N Clerk Mayor 7930/22Schedule II to By-Law Passed This 25th Day of April 2022 15.0m 15.0m 3.0m 4.5m 3.0m 4.5m 4.5m Building Envelope Build To Zone 3.0m - 450 - Kingston R o a d Sheppard Avenue De l t a B o u l e v a r d Omega Drive Clerk Mayor N 7930/22Schedule III to By-Law Passed This 25th Day of April 2022 3.0m 4.5m Landscaped Area - 451 - Memo To: Susan Cassel April 20, 2022 City Clerk From: Paul Bigioni Director, Corporate Services & City Solicitor Copy: Director, City Development & CBO Subject: Request for Part Lot Control By-law -Owner: Mattamy (Seaton) Limited - Blocks 206 to 233, Plan 40M-2710 File: PLC.40M-2710 The above-mentioned blocks are being developed in accordance with the appropriate Subdivision Agreement in such a manner to allow for the construction of 182 townhouse dwelling units. Attached is a location map and a draft by-law, enactment of which will exempt these lands from the part lot control provisions of the Planning Act thus allowing the 182 townhouse dwelling units to be conveyed to private ownership. This draft by-law is attached for the consideration of City Council at its meeting scheduled for April 25, 2022. PB:ca Attachment Location Map Draft By-law - 452 - Alexander Knox Road 1:2,000 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment Location MapFile:Applicant:Property Description: Part Lot Control THIS IS NOT A PLAN OF SURVEY. Date: Apr. 06, 2022 Mattamy (Seaton) LimitedBlocks 206 to 233, 40M2710 L:\PLANNING\01-MapFiles\Legal\Part Lot Control\PartLotControl_40M2710_v2.mxd Bl o c k 2 2 1 Bl o c k 2 1 0 Bl o c k 2 1 1 Bl o c k 2 2 0 Bl o c k 2 2 8 Block 229 Block 230 Bl o c k 2 3 3 Block 218 Bl o c k 2 1 7 Bl o c k 2 1 6 Bl o c k 2 1 5 Bl o c k 2 1 2 Bl o c k 2 1 3 Bl o c k 2 1 4 Bl o c k 2 0 9 Bl o c k 2 0 6 Bl o c k 2 0 7 Bl o c k 2 0 8 Block 219 Block 231 Block 232 Bl o c k 2 2 2 Bl o c k 2 2 3 Bl o c k 2 2 4 Bl o c k 2 2 5 Bl o c k 2 2 6 Bl o c k 2 2 7 - 453 - The Corporation of the City of Pickering By-law No. 7931/22 Being a by-law to exempt Blocks 206 to 233, Plan 40M-2710, Pickering from the part lot control provisions of the Planning Act. Whereas pursuant to the provisions of section 50(7) of the Planning Act, R.S.O. 1990, chapter P.13, as amended, the Council of a municipality may by by-law provide that section 50(5) of the Act does not apply to certain lands within a plan of subdivision designated in the by-law; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, as amended shall cease to apply to Blocks 206 to 233, Plan 40M-2710. 2.This by-law shall remain in force and effect for a period of two years from the date of the passing of this by-law and shall expire on April 25, 2024. By-law passed this 25th day of April, 2022. ________________________________ David Ryan, Mayor ________________________________ Susan Cassel, City Clerk - 454 -