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HomeMy WebLinkAboutJune 24, 2024Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 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. Page 1.Call to Order/Roll Call 2.Moment of Reflection Mayor Ashe will call for a silent moment of reflection. 3.Indigenous Land Acknowledgment Statement Mayor Ashe will read the Indigenous Land Acknowledgment Statement. 4.Disclosure of Interest 5.Adoption of Minutes Special Council Minutes, May 27, 2024 1 Council Minutes, May 27, 2024 8 (Confidential In Camera Council Minutes, May 27, 2024, provided under separatecover) Executive Committee Minutes, June 10, 2024 35 Planning & Development Committee Minutes, June 10, 2024 57 6.Presentations 6.1 Mayor Kevin AsheStephen Boyd, Fire Chief Re: Recognition of Officer Jesse Beaudrow, Pickering Fire Services for receiving the Ontario Medal for Firefighter Bravery 7.Delegations Members of the public looking to provide a verbal delegation to Members of Council maydo so either in person, or through a virtual connection into the meeting. For moreinformation, and to register as a delegate, visit www.pickering.ca/delegation, and complete the online delegation form or email clerks@pickering.ca. The list of delegates who have registered to speak will be called upon one by one by the Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca Chair in the order in which they have registered. A maximum of 5 minutes shall be allotted for each delegation. Please be advised that your name will appear in the public record and will be posted on the City’s website as part of the meeting minutes. 7.1 Sarah Sheehy, Chair, Pickering Public Library Board (In Person) Akeem Maginley, Vice-Chair, Pickering Public Library Board (In Person) Re: 2024 - 2028 Pickering Public Library Strategic Plan and Branding Update 7.2 Susan Philips, Pickering Resident (In Person) John Philips, Pickering Resident (In Person) Re: Report CS 15-24 Draft Recreation & Parks – Ten Year Plan and Arena Strategy 8. Correspondence 8.1 Corr. 18-24 67 Nicole Martin, CAO/Clerk, Town of Amaranth Re: Resolution on Water Testing Services for Private Drinking Water Recommendation: 1. That Corr. 18-24 from Nicole Martin, CAO/Clerk, Town of Amaranth, dated May 16, 2024, regarding Resolution on Water Testing Services for Private Drinking Water, be received and endorsed; and, 2. That a copy of this resolution be forwarded to the Honourable Sylvia Jones, Minister of Health, the Honourable Andrea Khanjin, Minister of Environment, Conservation and Parks, the Honourable Peter Bethlenfalvy, M.P.P. Pickering-Uxbridge, Durham Region Public Health, and all Ontario municipalities. 8.2 Corr. 19-24 69 Stephen Boyd, Fire Chief, City of Pickering Re: Gems for Gems Hope’s Cradle Safe Surrender Program - Project Update Recommendation: Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 1. That Corr. 19-24 from Stephen Boyd, Fire Chief, City of Pickering, dated May 10, 2024, regarding Gems for Gems Hope’s Cradle Safe Surrender Program Project Update, be received and endorsed; and, 2. That a copy of this resolution be circulated to Durham Regional Police Services, Durham Children’s Aid Society, Region of Durham, and all lower tier Durham municipalities. 8.3 Corr. 20-24 75 Jason McWilliam, Manager of Legislative Services/Deputy Clerk, Town of Ajax Re: Mental Health and Suicide Awareness through Operation White Heart Recommendation: That Corr. 20-24 from Jason McWilliam, Manager of Legislative Services/Deputy Clerk, Town of Ajax, dated May 23, 2024, regarding Mental Health and Suicide Awareness through Operation White Heart, be received and endorsed. 8.4 Corr. 21-24 77 Kyle Bentley, Director, City Development & CBO, City of Pickering Re: Brougham Community Hall Recommendation: That Corr. 21-24 from Kyle Bentley, Director, City Development & CBO, City of Pickering, dated June 6, 2024, regarding Brougham Community Hall be received for information. 8.5 Corr. 22-24 81 Kelly LaRocca, Chief, Mississaugas of Scugog Island First Nation Re: Pickering Mayor’s Request to Revoke O. Reg. 102/72 Recommendation: That Corr. 22-24 from Kelly LaRocca, Chief, Mississaugas of Scugog Island First Nation, dated June 10, 2024, regarding Pickering Mayor’s Request to Revoke O. Reg. 102/72, be received. Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 8.6 Corr. 23-24 83 Watson & Associates Economists Limited Re: Assessment of Bill 185, Cutting Red Tape to Build More Homes Act, 2024 Recommendation: 1. That Corr. 23-24 from Watson & Associates Economists Limited, dated April 11, 2024, regarding Assessment of Bill 185, Cutting Red Tape to Build More Homes Act, 2024, be received and endorsed; and, 2. That a copy of this resolution be forwarded to the Honourable Paul Calandra, Minister of Municipal Affairs and Housing. 9. Report EC 06-24 of the Executive Committee held on June 10, 2024 Refer to Executive Committee Agenda pages: 9.1 Director, Corporate Service & City Solicitor, Report IT 01-24 1 IT Capability Assessment Recommendation: 1. That Council endorse the IT Capability Assessment dated June 10, 2024 set out in Attachment 1; 2. That staff be directed to incorporate the recommendations of the IT Capability Assessment into future planning and budgeting processes for the City of Pickering; and, 3. That appropriate City officials be authorized to take the actions necessary to implement the Recommendations in this report. 9.2 Director, Community Services, Report CS 15-24 30 Draft Recreation & Parks – Ten Year Plan and Arena Strategy Recommendation: 1. That Council receive the draft Recreation & Parks – Ten Year Plan, as set out in Attachment 1, for information; Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 2. That Council endorse the Arena Strategy, as set out in Attachment 2; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.3 Chief Administrative Officer, Report CAO 04-24 385 Advertising Standards Policy No Committee Recommendation – Council Direction Required Original Staff Recommendation (for reference purposes only): 1. That Council approve the Advertising Standards Policy as set out in Attachment 1 to this Report; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.4 Director, Community Services, Report CS 14-24 391 2024 Community Events Request to Permit Esplanade Park Recommendation: 1. That Council authorize staff to issue a park permit for the use of Esplanade Park by Jennifer O'Connell, MP Pickering-Uxbridge on Friday, July 19, 2024, for the purpose of hosting a free movie in the park to the general public, subject to terms and conditions satisfactory to the Director, Community Services and the Chief Administrative Officer; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. 9.5 Director, Community Services, Report CS 16-24 396 Recommendation for a West Shore Community Safety Zone Community Safety & Well-Being Advisory Committee No Committee Recommendation – Council Direction Required Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca Original Staff Recommendation (for reference purposes only): 1. That Report CS 16-24 regarding Community Safety & Well-Being Advisory Committee recommendation to designate West Shore Boulevard as a Community Safety Zone and to decrease the speed limit from West Shore Boulevard, south from Surf Avenue, up to and including Beachpoint Promenade be received; 2. That the request to designate West Shore Boulevard as a Community Safety Zone and to decrease the speed limit as noted above be referred to the Director, Engineering Services for investigation, and to report back in Q3 2024; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 9.6 Director, Community Services, Report CS 17-24 399 Recognition of Paul White No Committee Recommendation – Council Direction Required Original Staff Recommendation (for reference purposes only): 1. That Report CS 17-24, regarding the recognition of Paul White’s contribution to the community, be received; 2. That the Mayor be requested to include funding in the amount of $10,000 in the City’s 2025 Current Budget to enable staff to undertake a public art installation, to be selected pursuant to Public Art Policy CUL130 and funded from the Public Art Reserve; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 9.7 Director, Community Services, Report CS 18-24 402 Sigrid Squire Commemoration in Bicentennial Garden No Committee Recommendation – Council Direction Required Original Staff Recommendation (for reference purposes only): Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 1. That Report CS 18-24, regarding Sigrid Squire Commemoration in Bicentennial Garden, be received; 2. That the Mayor be requested to include funding in the amount of $10,000 in the City’s 2025 Current Budget to enable staff to undertake a Commemorative Public Art Installation, to be funded from the Public Art Reserve; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 9.8 Director, Economic Development & Strategic Projects, Report ECD 02-24 405 Family Physician Recruitment Program Recommendation: 1. That Council approve the Memorandum of Understanding (Attachment 2) among the City of Pickering, the Regional Municipality of Durham and all Durham local area municipalities to fund, create, and deliver a family physician recruitment program in Durham, dated May 2024; 2. That the Mayor and the City Clerk be authorized to execute the Memorandum of Understanding; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 9.9 Director, Engineering Services, Report ENG 08-24 448 Amendments to the Traffic and Parking By-law 6604/05 Proposed Parking Restrictions on Various Streets No Committee Recommendation – Council Direction Required Original Staff Recommendation (for reference purposes only): 1. That the attached draft by-law be enacted to amend Schedule “2”, No Parking to By-law 6604/05 to provide for the regulation of parking restrictions on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering; and, Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.10 Director, Engineering Services, Report ENG 10-24 465 Weed Harvesting in Frenchman’s Bay - Waterfront Visionary Advisory Committee No Committee Recommendation – Council Direction Required Original Staff Recommendation (for reference purposes only): That the recommendation from the Waterfront Visionary Advisory Committee for Council to reconsider the funding for a second cut of weeds in Frenchman’s Bay be received for information. 9.11 Director, Engineering Services, Report ENG 11-24 468 Fiddlers Court Parking Restrictions Recommendation: 1. That the attached draft by-law be enacted to amend Schedule “2”, No Parking of Traffic and Parking By-law 6604/05 to provide for the regulation of parking restrictions on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering. The amendments specifically provide for parking restrictions on Fiddlers Court; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.12 Director, Engineering Services, Report ENG 12-24 475 Diana, Princess of Wales Park Dedicated Outdoor Pickleball Facility Recommendation: That Report ENG 12-24 providing an update regarding negotiations with Hydro One Networks Inc. for a dedicated outdoor pickleball facility in Diana, Princess of Wales Park be received for information. Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 9.13 Director, Operations, Report OPS 11-24 479 Supply & Delivery of Nine Midsize SUVs Quotation No. Q2024-18 No Committee Recommendation – Council Direction Required Original Staff Recommendation (for reference purposes only): 1. That Request for Quotation No. Q2024-18 submitted by Marigold Ford Lincoln Sales Ltd., in the amount of $312,039.00 (HST excluded) be accepted; 2. That the total gross project cost of $352,604.00 (HST included), and the total net project cost of $317,531.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $317,531.00 from the Vehicle Replacement Reserve as approved in the 2024 Capital Budget; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.14 Director, Operations, Report OPS 12-24 483 Consulting Services for the Seaton Community Centre & Library - RFP2024-7 No Committee Recommendation – Council Direction Required Original Staff Recommendation (for reference purposes only): 1. That Request for Proposal No. RFP2024-7 for Consulting Services for the Seaton Community Centre & Library as submitted by Perkins + Will Canada Inc. in the amount of $7,150,000.00 (HST excluded) be received; 2. That the total gross project cost of $10,017,450.00 (HST included), and the total net project cost of $9,021,024.00 (net of HST rebate) be approved; Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 3. That the Director, Finance & Treasurer be authorized to finance the net project cost of $9,021,024.00 as approved in the 2020, 2021 and 2024 Capital Budgets and funded as follows: a) The sum of $6,898,430.00 from the DC - Parks & Recreation Reserve Fund; b) The sum of $225,526.00 from the Seaton Land Group FIA; c) The sum of $1,897,068.00 from the DC - Library Reserve Fund; 4. The Council direct the Chief Administrative Officer to provide operational and financial project updates based on the following schedule: December 2024, June 2025 and every six months thereafter until Substantial Performance of the project; 5. That staff be directed to proceed with the recommendations of the Recreation and Parks 10-Year Plan and Arena Strategy as the basis of design and amenities to be included in the Seaton Community Centre & Library; and, 6. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in the report. 9.15 Director, City Development & CBO, Report PLN 19-24 522 Pickering Official Plan Review Proposal No. RFP2024-6 for Consulting Services for Public Engagement No Committee Recommendation – Council Direction Required Original Staff Recommendation (for reference purposes only): 1. That Request for Proposal No. RFP2024-6 for Consulting Services for Public Engagement for the City of Pickering Official Plan Review, submitted by Land Use Research Associates, in the amount of $149,905.00 (excluding HST), be accepted; 2. That the total gross project cost of $169,392.65 (HST included) and the net project cost of $152,544.00 (net of HST rebate), be approved; Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $152,544.00 as approved in the 2024 Current Budget as follows: a) The sum of $68,645.00 to be funded by a transfer from the Development Charge Reserve Fund – Growth Related Studies; b) The sum of $83,899.00 to be funded from Property Taxes; and, 4. That the appropriate officials of the City of Pickering be authorized to take such actions as necessary to give effect to this report. 9.16 Director, City Development & CBO, Report PLN 20-24 526 Authorization to Execute a Memorandum of Understanding - Pre-Approval of Design Drawings for Detached Additional Dwelling Units - OPA 23-002P No Committee Recommendation – Council Direction Required Original Staff Recommendation (for reference purposes only): 1. That the Mayor and City Clerk be authorized to enter into a Memorandum of Understanding between the City of Pickering and the Town of Whitby, as set out in Attachment 1 to this report, for the sharing of resources to enable the preparation of pre-approved design drawings for detached Additional Dwelling Units, subject to minor revisions as may be required by the Director, Corporate Services & City Solicitor, the Director, City Development & CBO, and the Chief Administrative Officer; and, 2. That appropriate officials of the City of Pickering be authorized to take such action as is necessary to give effect to the recommendations in this report. 9.17 Director, City Development & CBO, Report SUS 06-24 537 Enhanced Blue Box and Green Bin Availability Recommendation: That Report SUS 06-24, providing an update on Enhanced Blue Box and Green Bin Availability, be received for information. Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 9.18 Director, City Development & CBO, Report SUS 07-24 544 Licence Extension with Infrastructure Ontario for Duffin Heights Plantings Recommendation: 1. That the Mayor and City Clerk be authorized to execute a Licence Extension and Amending Agreement with Ontario Infrastructure and Lands Corporation as set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Corporate Services & City Solicitor, and/or Chief Administrative Officer; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.19 Director, City Development & CBO, Report SUS 08-24 551 2023 Sustainable Year-in-Review No Committee Recommendation – Council Direction Required Original Staff Recommendation (for reference purposes only): That Report SUS 08-24, regarding the release of the 2023 Sustainable Pickering Year-in-Review, be received for information. 10. Report PD 04-24 of the Planning & Development Committee held on June 10, 2024 Refer to Planning & Development Agenda pages: 10.1 Director, City Development & CBO, Report PLN 15-24 1 Part IV Designation under the Ontario Heritage Act The Percy House - 895 Wonder Drive (formerly 815 Highway 7) Recommendation: 1. That Council endorse the recommendations of the Heritage Pickering Advisory Committee, dated September 7, 2022, to designate 895 Wonder Drive (formerly 815 Highway 7) under Section 29, Part IV of the Ontario Heritage Act; Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 2. That Council direct staff to serve a Notice of Intention to Designate the property located at 895 Wonder Drive, known as the Percy House, as a property of cultural heritage value or interest, pursuant, to Section 29 of the Ontario Heritage Act, included as Attachments 5 and 6 to Report PLN 15-24; 3. That, should no Notice of Objection be received by the Clerk within 30 days of the publication of the Notice of Intention to Designate, the Designation By-law for 895 Wonder Drive, included as Attachment 4 to Report PLN 15-24, be presented to Council for passing, and that staff be directed to carry out the notice requirements as prescribed under Section 29(8) of the Ontario Heritage Act; and, 4. That the appropriate officials of the City of Pickering be authorized to take such actions as necessary to give effect to this report. 10.2 Director, City Development & CBO, Report PLN 16-24 162 Bill 23: Provincial Legislation Changes to the Ontario Heritage Act and Priority Properties for Designation 1027-1031 Dunbarton Road No Committee Recommendation – Council Direction Required Original Staff Recommendation (for reference purposes only): 1. That Council endorse the recommendations of the Heritage Pickering Advisory Committee, dated March 27, 2024, to designate 1027-1031 Dunbarton Road under Section 29, Part IV of the Ontario Heritage Act; 2. That Council direct staff to serve a Notice of Intention to Designate the property located at 1027-1031 Dunbarton Road, known as the George Falconer House and Store, as a property of cultural heritage value or interest, pursuant to Section 29 of the Ontario Heritage Act, included as Attachments 5 and 6 to Report PLN 16-24; 3. That, should no Notice of Objection be received by the City Clerk within 30 days of the publication of the Notice of Intention to Designate, the Designation By-law for 1027-1031 Dunbarton Road, included as Attachment 4 to Report PLN 16-24, be presented to Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca Council for passing, and that staff be directed to carry out the notice requirements as prescribed under Section 29(8) of the Ontario Heritage Act; and, 4. That the appropriate officials of the City of Pickering be authorized to take such actions as necessary to give effect to this report. 10.3 Director, City Development & CBO, Report PLN 18-24 219 Bill 23: Priority Properties for Designation 401 Kingston Road and 1 Evelyn Avenue Recommendation: 1. That Council endorse the recommendations of the Heritage Pickering Advisory Committee, dated April 24, 2024, not to designate 401 Kingston Road and 1 Evelyn Avenue under Section 29, Part IV of the Ontario Heritage Act; 2. That Council approve the removal of the properties at 401 Kingston Road and 1 Evelyn Avenue from the City of Pickering Municipal Heritage Register; and, 3. That the appropriate officials of the City of Pickering be authorized to take such actions as necessary to give effect to this report. 10.4 Director, City Development & CBO, Report PLN 21-24 438 Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision SP-2023-01 Draft Plan of Condominium CP-2023-02 Liverpool Road Limited Partnership (607 & 609 Annland Street, 640 Liverpool Road & 1276, 1280, 1288, 1290, 1292 & 1294 Wharf Street) Recommendation: 1. That Official Plan Amendment Application OPA 23-001/P, submitted by Liverpool Road Limited Partnership, to re-designate the lands located on the southwest corner of Liverpool Road and Annland Street from “Urban Residential Areas – Low Density Areas” and “Open Space System – Marina Areas” to “Urban Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca Residential Areas – Medium Density Areas” to facilitate a residential common element condominium development be approved, and that the draft by-law to adopt Amendment 51 to the Pickering Official Plan as set out in Appendix I to Report PLN 21- 24 be forwarded to Council for enactment; 2. That Zoning By-law Amendment Application A 02/23, submitted by Liverpool Road Limited Partnership, to facilitate a residential common element condominium development consisting of a maximum of 51 townhouse units, 10 of which will contain commercial floorspace at-grade fronting Liverpool Road, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix II to Report PLN 21-24, be finalized and forwarded to Council for enactment; and, 3. That Draft Plan of Subdivision Application SP-2023-01, submitted by Liverpool Road Limited Partnership, to establish a development block to facilitate a residential condominium development and a block for common amenity space, as shown in Attachment 5 to Report PLN 21-24, and the implementing conditions of approval, as set out in Appendix III, be endorsed. 11. New and Unfinished Business 11.1 Chief Administrative Officer, Report CAO 05-24 88 Pickering Heritage & Community Centre Project Update - Tender No. T2023-12 – Milestone Report #1 Recommendation: That Report CAO 05-24 be received for information. 11.2 Director, Community Services, Report CS 19-24 92 Remembrance Day Poppy Markers – Artist Selection - Commission of Public Art Recommendation: 1. That Council endorse that the commission of public art on the 11 light posts inside Esplanade Park in Pickering be awarded to Linfeng Zhou; Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 2. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $32,004 to be funded by a transfer from the Public Art Reserve as approved in the 2024 Current Budget; 3. That the Mayor and the City Clerk be authorized to execute the Letter of Understanding, between Linfeng Zhou and the City of Pickering, set out in Attachment 1, subject to minor revisions acceptable to the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 11.3 Director, Community Services, Report CS 20-24 135 Interim Program Space in Seaton Update Recommendation: That Report CS 20-24, regarding Interim Program Space in Seaton Update, be received for information. 11.4 Director, Community Services, Report CS 21-24 140 Indoor Pickleball Pickering Soccer Centre Recommendation: 1. That a Request for Quotation No. RFQQ2024-21 for Soccer Dome Floor replacement as submitted by Gym-Con Ltd. in the amount of $223,300.00 (HST excluded) be received; 2. That the total gross project cost of $277,562.00 (HST included) and the total net project cost of $249,953.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the net project cost of $249,953.00 as approved in the 2023 & 2024 Capital Budgets as follows: Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca a) The sum of $188,920.00 available from the previously approved 2023 Capital Budget be increased to $199,953.00 to be funded from the Rate Stabilization Reserve; b) The sum of $50,000.00 to be funded from Property Taxes as approved in the 2024 Capital Budget; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in the report. 11.5 Director, Economic Development & Strategic Projects, Report ECD 03-24 145 Corridor Design for a High Frequency Rail Station in Pickering Recommendation: 1. That Report ECD 03-24 regarding the Corridor Design for a High Frequency Rail Station in Pickering completed by Weston Williamson & Partners (WW+P) be received; 2. That the appropriate City of Pickering officials be authorized to submit the confidential information package entitled “City of Pickering – HFR Corridor Design” to VIA HFR-VIA TGF.; 3. That the Mayor be requested to send a letter of support for the City of Pickering to be a host community for a VIA HFR Station to VIA HFR-VIA TGF.; 4. That the City Clerk forward a copy of Report ECD 03-24 to the Minister of Transport Canada, the CEO of VIA HFR-VIA TGF., and to the Region of Durham; and, 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 11.6 Director, Engineering Services, Report ENG 09-24 150 Shared E-Scooter Pilot Program Recommendation: Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 1. That Report ENG 09-24 regarding a Shared E-scooter Pilot Program be received; 2. That the staff be authorized to issue a ‘Request for Proposal’ to select a vendor to undertake and implement a Shared E-Scooter Pilot Program in the City of Pickering; 3. That a copy of this report be circulated to the Region of Durham, Durham Regional Police Service, Durham Region Transit, and all local Municipalities in Durham Region; 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, Finance & Treasurer, Report FIN 09-24 163 Annual Treasurer’s Statement Report - Summary of Activity for the Year Ended December 31, 2023 Recommendation: 1. That Report FIN 10-24 of the Director, Finance & Treasurer entitled “Annual Treasurer’s Statement Report: Summary of Activity for the Year Ended December 31, 2023” as required by the Development Charges Act and Planning Act be received for information; 2. That the City of Pickering’s “Annual Treasurer’s Statement Report” be made available to the public on the City of Pickering’s website; and, 3. That the appropriate City of Pickering officials be given authority to take the necessary actions to give effect thereto. 11.8 Director, Finance & Treasurer, Report FIN 10-24 173 Annual Indexing – Development Charges, Community Benefit Charges and Seaton Financial Impacts Agreement Recommendation: 1. That Report FIN 10-24 regarding Annual Indexing be received; Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 2. That effective July 1, 2024 to June 30, 2025, as provided for in By-law No. 7953/22, the Development Charges referred to in Schedule “C” of that By-law be increased by 4.6 percent; 3. That effective July 1, 2024, as provided for in By-law No. 7954/22, the Community Benefit Charges referred to in Schedule “A” of that By-law be increased by 4.6 percent; 4. That effective July 1, 2024 the payments related to “10 percent Soft Services”, as provided for by the Seaton Financial Impacts Agreement dated November 26, 2015, be increased by 4.6 percent; and, 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 11.9 Director, Finance & Treasurer, Report FIN 11-24 184 Fire Station 2 and City Hall Satellite Office Renovations - Delegated Approval Authorization Recommendation: 1. That Council delegate the authority to award contracts with terms and conditions satisfactory to the Director, Operations and the Director, Finance & Treasurer in compliance with the City’s Purchasing Policy with the total value of the contracts not to exceed $732,500.00 (Net of HST) for renovations to Fire Station 2, which was approved in prior year’s Capital Budgets and the funding is presented below: a. Facilities Reserve ($630,000.00), approved as part of project C10700.1809; b. Property Taxes ($55,000.00), approved as part of project C10700.1809; and, c. Rate Stabilization Reserve ($47,500.00), approved as project C10700.2213; 2. That Council delegate the authority to award contracts with terms and conditions satisfactory to the Director, Operations and the Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca Director, Finance & Treasurer in compliance with the City’s Purchasing Policy with the total value of the contracts not to exceed $800,000.00 (Net of HST) for renovations for the leased space at 2460 Brock Road, which was approved in the 2023 Capital Budget (project C10240.2307) to be funded from the Casino Reserve; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in the report. 11.10 Director, Finance & Treasurer, Report FIN 12-24 188 Municipal Funding Agreement with Association of Municipalities of Ontario - Canada Community-Building Fund Revenues Recommendation: 1. That Report FIN 12-24 regarding the Municipal Funding Agreement with Association of Municipalities of Ontario be received; 2. That the Mayor and City Clerk be authorized to execute the Municipal Funding Agreement with the Association of Municipalities of Ontario for a period of ten years from 2024 to 2033; and, 3. That the appropriate City of Pickering officials be given authority to take the necessary actions to give effect thereto. 11.11 Director, Corporate Services & City Solicitor, Report LEG 02-24 216 Expropriation of Lands Required for a New Fire Station - 1521 Bayly Street, Pickering Recommendation: 1. That authority be granted to City of Pickering staff to initiate expropriation proceedings for the acquisition of the property municipally known as 1521 Bayly Street, Pickering as depicted in Attachment 1 for the purposes of building a new Fire Station; 2. That authority be granted to City of Pickering staff to serve and publish Notices of Application for Approval to Expropriate the said property, and to forward to the Ontario Land Tribunal any requests for hearing received, to attend the hearings to present the City of Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca Pickering’s position, and to present the Ontario Land Tribunal’s recommendations to City Council for consideration; 3. That authority be granted to the City Clerk and the Mayor to execute such notices and forms as may be statutorily mandated by the Expropriations Act, R.S.O. 1990, c. E.26 to give effect to Recommendation 2 in this report, including the Notices of Application of Approval to Expropriate; and 4. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. 11.12 CEO/Director of Public Libraries, Report LIB 01-24 220 Funding Out of Country Conference - Pickering Public Library Staff Recommendation: 1. Council approve international travel for one Library staff to attend the Association for Rural and Small Libraries (“ARSL”) Annual Conference in Springfield, Massachusetts at a cost not to exceed $1,300; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this Report. 11.13 Director, Operations, Report OPS 13-24 222 Supply & Delivery of Five 1 Ton Trucks - Quotation No. RFQ2024-11 Recommendation: 1. That Quotation No. RFQ2024-11 submitted by Downtown Auto Group, in the amount of $495,462.35 (HST excluded) be accepted; 2. That the total gross project cost of $559,872.00 (HST included), and that the total net project cost of $504,182.00 (net of HST rebate) be approved; Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $504,182.00 as provided for in the 2024 Capital Budget as follows: a) The sum of $201,673.00 to be funded from by Development Charges – Other Highway Services Reserve Fund; b) The sum of $201,673.00 to be funded from Development Charges – Parks and Recreation Reserve Fund; c) The sum of $100,836.00 to be funded from the Vehicle Replacement Reserve; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 11.14 Director, Operations, Report OPS 14-24 226 Supply & Delivery of Five Pickup Trucks - Quotation No. RFQ2024-19 Recommendation: 1. That Quotation No. RFQ2024-19 submitted by John Bear Buick GMC Limited, in the amount of $326,454.00 (HST excluded) be accepted; 2. That the total gross project cost of $368,893.00 (HST included), and that the total net project cost of $332,200.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $332,200.00 as provided for in the 2024 Capital Budget as follows: a) The sum of $197,318.00 to be funded from the Vehicle Replacement Reserve Fund; b) The sum of $134,882.00 to be funded from Development Charges - Parks and Recreation Reserve Fund; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 11.15 Director, Operations, Report OPS 15-24 230 Consulting Services for Council Chambers Renovations Recommendation: 1. That RFP2024-9 for Architectural and Engineering Consulting Services for Council Chambers Renovations submitted by +VG Architects in the amount of $274,237.00 (HST excluded) be accepted; 2. That the total gross project cost of $408,198.00 (HST included), including the amount of the proposal, contingency and other associated costs, and the total net project cost of $367,595.00 (net of HST rebate), be approved; 3. That the Director, Finance & Treasurer be authorized to finance the net project cost of $367,595.00 as approved in the 2023 Capital Budget as follows: a) The sum of $250,000.00 to be funded by a transfer from the Casino Reserve; and, b) The sum of $117,595.00 to be funded by a transfer from the Rate Stabilization Reserve. 4. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. 11.16 Director, City Development & CBO, Report PLN 22-24 235 Notice of Objection to Part IV Designation of 301 Kingston Road Recommendation: 1. That Council decline the objection, and affirm the March 25, 2024, Council Resolution #439/24, to designate 301 Kingston Road under Part IV, Section 29 of the Ontario Heritage Act; 2. That the By-law included as Attachment 4 to Report PLN 22-24, designating the property at 301 Kingston Road, in accordance with Part IV, Section 29 of the Ontario Heritage Act, be enacted; and, Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 3. That Council direct staff to serve a Notice of Passing for the property located at 301 Kingston Road, known as Toynevale Farm, as a property of cultural heritage value or interest pursuant to Section 29(8) of the Ontario Heritage Act. 11.17 Director, City Development & CBO, Report PLN 23-24 252 Amendment to General Municipal Fees – Planning Applications Changes to development application review procedures and fees in response to Bill 185, Cutting Red Tape to Build More Homes Act, 2024 Recommendation: 1. That, in response to legislated changes arising from the enactment of Bill 185, Cutting Red Tape to Build More Homes Act, 2024, the revised City Development Department – Planning Fees be approved, effective June 25, 2024; 2. That an amendment made to Schedule “I” to By-law 6191/03, the General Municipal Fees and Charges By-law, as amended, by: • deleting the pages for City Development Department – Planning; and, • substituting the updated pages for City Development Department – Planning, as set out in Schedule “I” to the Draft By-law provided as Appendix I to Report PLN 23-24, be approved; and, 3. That the revised Draft By-law to amend Schedule “I” to the General Municipal Fees and Charges By-law 6191/03, as set out in Appendix I to Report PLN 23-24, be enacted, to be effective the date of the passing of the By-law. 12. Motions and Notice of Motions 12.1 Potential Amendments to City of Pickering Parks By-law 5495/99 Moved by Councillor Butt Seconded by Councillor Brenner Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca WHEREAS, the City of Pickering is growing in population, particularly due to the province of Ontario’s housing strategy; And Whereas, Pickering is experiencing greater intensification which is creating a larger demand for the use of more available outdoor amenity spaces; And Whereas, the use of City parks and outdoor amenities are increasingly becoming more popular among our community; And Whereas, more families are wishing to gather outdoors in City parks to have barbecues and picnics; And Whereas, propane barbecues are currently permitted in City parks, and the use of charcoal or solid fueled portable barbecues are prohibited as per Section 11 of By-law 5495/99; Now therefore be it resolved, that the Council of The Corporation of the City of Pickering directs staff through the Office of the CAO: To investigate and assess the potential for amendments to City of Pickering Parks By-law 5495/99 that would permit the use of charcoal barbecues in City Parks (excluding Pickering's Waterfront) and report back by Q3 2024 with the results of their assessment and a staff recommendation. 13. By-laws 13.1 By-law 8114/24 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 4.9 Report ENG 08-24, page 448 of the Executive Committee Agenda] 13.2 By-law 8115/24 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 Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca municipal property. [Refer to Item 4.11 Report ENG 11-24, page 468 of the Executive Committee Agenda] 13.3 By-law 8116/24 Being a By-law to adopt Amendment 51 to the Official Plan for the City of Pickering (OPA 23-001/P). [Refer to Item 4.4 Report PLN 21-24, page 438 of the Planning & Development Committee Agenda] 13.4 By-law 8117/24 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, Lots 8 to 12 and 16, Plan M-89, and Part of Lot 23 Broken Front Concession 3 (A 02/23). [Refer to Item 4.4 Report PLN 21-24, page 438 of the Planning & Development Committee Agenda] 13.5 By-law 8118/24 250 Being a by-law to designate the lands legally described as that Concession Broken Front Range 3 Part Lot 32, Plan 350 Part Lot 7 & 40R30182 Part 2,3 (Save and Except 40R31305 Part 1) municipally known as 301 Kingston Road, Pickering, as being of cultural heritage value or interest. [Refer to Item 11.16 Report PLN 22-24] 13.6 By-law 8119/24 258 Being a by-law to amend By-law No. 6191/03 to confirm General Municipal Fees. [Refer to Item 11.17 Report PLN 23-24] 13.7 By-law 8120/24 267 Being a by-law to amend Zoning By-law 3036, as amended by By-law 7446/15, to remove the “(H)” Holding Provision from the subject lands, being Lot 1, Plan 40M-2597 (A 03/24). (D. Lazaridis) (441 Mahogany Court) 13.8 By-law 8121/24 274 Being a by-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Council Meeting Agenda June 24, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca Durham, Part of Lot 17 and 18, Concession 3, and Part 2, 40R-2617 and Part 1, 40R-2418 City of Pickering (A 13/17). (Avonmore Ventures Inc.) (North of William Jackson Drive, South of the Canadian Pacific Railway Corridor) 13.9 By-law 8122/24 287 Being a by-law to exempt Blocks 165, 167, 168, and 170, Plan 40M-2671, from the part lot control provisions of the Planning Act (1133373 Ontario Inc.) 14.Confidential Council – Public Report 15.Regional Councillor Updates 16.Other Business 17.Confirmatory By-law 18.Adjournment Special Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 5:00 pm Present: Mayor Kevin Ashe Councillors: M. Brenner S. Butt L. CookM. NagyD. Pickles L. Robinson Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor F. Jadoon -Director, Economic Development & Strategic Projects S. Cassel -City Clerk C. Rose -Chief Planner D. Jacobs -Manager, Policy & Geomatics P. Furnell -Supervisor, Building Permits B. Weiler -Principal Planner C. Redmond -(Acting) Deputy Clerk 1.Call to Order/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 Mayor Ashe, Chair, gave an overview of the requirements for the Statutory Public Meeting under the Planning Act, and outlined the order of the meeting and the methods in which individuals could be notified of future updates on the Official Plan Review. Brandon Weiler, Principal Planner, City of Pickering Re: Report PLN 14-24 Special Council Meeting for the Pickering’s Official Plan Review - 1 - Special Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 5:00 pm Brandon Weiler, Principal Planner, appeared before Council and through the aid of PowerPoint presentation, provided an overview of Pickering’s Official Plan (OP) Review process. Mr. Weiler spoke to the purpose of the Special Council Meeting and noted that the OP was the City’s primary, long range, comprehensive planning document, that provided the framework for land use decision-making in the City. He discussed various matters that the OP provided direction on, how the OP fits within the planning hierarchy in Ontario, and the reasons for reviewing the OP at this time. Mr. Weiler spoke to how the project tagline would create project recognition and help interested parties identify engagement opportunities. He discussed the timeline of the workplan targeted for completion in the 2nd quarter of 2026, including background and research, policy drafting, policy recommendations and implementation. He spoke to the community engagement strategy for the project and commented that the Background Paper set the stage for the OP review. He concluded by speaking about next steps in the process, including the release of discussion papers and community engagement. A discussion ensued between Members of Council and staff regarding: • the various opportunities available to the community for engagement during the review process; • how the City’s OP and the Northeast Pickering Secondary Plan related to the Region’s Official Plan; • that Pickering’s OP Review and the Secondary Planning process would not revisit decisions already adopted by the Region; • municipalities’ responsibilities in the Planning Hierarchy and the expectations of the community; • if the timelines and requirements of the current OP were being met due to the growth in the community; • how engagement with Indigenous communities would be included in the process; • how the housing and affordability component would be measured as part of the process; and, • how interested parties could reach out to participate in community consultation. 3.1 Jessica Wilkins, Oshawa Resident Re: Report PLN 14-24 Special Council Meeting for the Pickering’s Official Plan Review Jessica Wilkins, Oshawa Resident, appeared before Council via electronic connection to speak to Report PLN 14-24, specifically regarding the Region of Durham’s Community Climate Change Action Plan and Pickering’s Measuring Sustainability Report. She advised that after reading the documents she was unable to find an action plan and how the goals would be achieved and - 2 - Special Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 5:00 pm commented that this showed a lack of transparency. She discussed her concerns with the statements in the Durham Region Climate Change Action Plan, including weather modification, and health risks. She commented that the role of municipalities included policy direction, influence and funding of public transit, roads, economic development and urban and building design, and other factors that determined the consumption of greenhouse gas emissions in the community. She spoke to other cities globally that had been leaders in climate protection and questioned how Durham Region embedded climate considerations into their business planning cycle. Ms. Wilkins concluded by noting the ways the Region could reach net-zero greenhouse gas emissions. 3.2 Nicholas Zamora, Pickering Resident Elise Zamora, Pickering Resident Re: Report PLN 14-24 Special Council Meeting for the Pickering’s Official Plan Review Nicholas Zamora and Elise Zamora, Pickering Residents, appeared before Council to speak to Report PLN 14-24, and through the aid of a PowerPoint presentation, provided an overview of their vision for the future of Greenwood. Mr. Zamora spoke about the location and history of Greenwood and the benefits of preserving the community and seeking public engagement for positive change. Ms. Zamora spoke to her education and experience in farming and horticulture and noted that she didn’t want to see Greenwood paved over. Mr. Zamora discussed various activities that would be affected by the Official Plan (OP), and that the OP would enhance communities like Greenwood while not dismantling their foundations, ensuring there was a balance between rural and urban areas, current and future generations, and a good business case. Ms. Zamora spoke to the sensitivity to the Northeast Pickering Lands, to the maintenance of the natural water system, that the agricultural industry should be supported, and discussed their vision of Greenwood within Pickering. Mr. Zamora concluded by speaking to their support for the Plan. A brief discussion ensued between Members of Council, Mr. Zamora and Ms. Zamora regarding: • whether they would be interested in participating in the execution of the Northeast Pickering Secondary Official Plan; • that land uses proposed in close proximity of Greenwood being sensitive to Greenwood; • plans for the new Pickering Heritage Community Centre that would include a library and additional community space; - 3 - Special Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 5:00 pm • whether the delegation would like to see a steering committee of community representatives, instead of consultants, to help preserve the environment in Greenwood; and, • whether the Official Plan Review Process should be a developer or community driven process. After the registered delegations had concluded, the Chair called for delegations for the Statutory Public Meeting from any members of the public who were present in the Chambers. 3.3 Ryan Linkletter, Pickering Resident Re: Report PLN 14-24 Special Council Meeting for the Pickering’s Official Plan Review Mr. Linkletter appeared before Council to speak to Report PLN 14-24. Mr. Linkletter advised that he believed Council should take a step back and review the long-term implications of the Official Plan (OP) and to consider further community engagement. He stated that he would like to see an OP that was by the people, for the people, and not driven by developers. 3.4 Yetunde Sopeju, Pickering Resident Re: Report PLN 14-24 Special Council Meeting for the Pickering’s Official Plan Review Yetunde Sopeju appeared before Council to speak to Report PLN 14-24. Ms. Sopeju advised that she attended the previous meeting regarding the Northeast Pickering Secondary Plan and was concerned with transparency around community engagement, as there was no opportunity to provide feedback on the options presented or whether other options had been explored. She commented that she felt the process was developer driven. Ms. Sopeju stated that she was pleased to hear the delegations from Greenwood and their feedback, and hoped Council would take their comments into consideration. She concluded by commenting that transparency and authenticity were important matters to be considered in the Official Plan Review. 3.5 Nicole Mouttet, Pickering Resident Re: Report PLN 14-24 Special Council Meeting for the Pickering’s Official Plan Review Nicole Mouttet, Pickering Resident, appeared before Council to speak to Report PLN 14-24. Ms. Mouttet spoke to accountability and asked who the developers were accountable to in the process. 3.6 Henry Siu, Pickering Resident - 4 - Special Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 5:00 pm Re: Report PLN 14-24 Special Council Meeting for the Pickering’s Official Plan Review Henry Siu, Pickering Resident, appeared before Council to speak to Report PLN 14-24. Mr. Siu advised that development had increased since he moved to Greenwood and questioned the influences on Council by developers and whether there was ever a conflict of interest between those making decisions at the City and the developers. He commented that his children were with him that evening and that he would like to see them have input on how they would like to see their future. 3.7 Lindsay Hunt, Pickering Resident Re: Report PLN 14-24 Special Council Meeting for the Pickering’s Official Plan Review Lindsay Hunt, Pickering Resident appeared before Council to speak to Report PLN 14-24. Ms. Hunt advised that community consultation was important, and from what she had seen on social media, development was one of the biggest concerns for residents, including the density of the development in the City Centre and the development of Pickering’s rural areas. She asked if the City would consider providing information and learning opportunities for residents to better understand the planning process. 4. New and Unfinished Business 4.1 Director, City Development & CBO, Report PLN 14-24 Special Council Meeting for the Pickering’s Official Plan Review Discussion ensued between Members of Council and staff regarding: • using the Toronto Star to post ads where there was a legislated requirement to publish notice in a newspaper, and if the City advised residents and stakeholders door to door of this process, and if residents knew they had to purchase the Toronto Star in order to receive the information; • the City receiving no comments from the last two ads placed in the Toronto Star regarding the Official Plan Review; • the circulation of the Toronto Star and its reach to residents in the City of Pickering; • the City fulfilling its statutory requirements by posting an ad in the Toronto Star Newspaper, and that the information would be communicated through various other mediums and engagement opportunities, including with tax bill inserts distributed to all taxpayers in Pickering; - 5 - Special Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 5:00 pm • the issues experienced with the records portal on the weekend prior to the Meeting and the impacts to individuals who were looking to access the Meeting Agenda; • if comments made by delegations regarding accountability, transparency, would be taken into consideration in the review process; • the number of individuals that received notice of the Special Council Meeting for the Official Plan Review through various social media groups that had reshared the Meeting information; and, • that there was ample time for further community engagement as the Project would not be completed until the 2nd quarter of 2026. Resolution # 482/24 Moved by Councillor Butt Seconded by Councillor Cook 1. That Report PLN 14-24, including the Pickering Official Plan Review Background Paper provided as Attachment 1, and Workplan and Timeline provided as Attachment 2, be received for information; 2. That staff be authorized to continue with the Official Plan Review, in keeping with the Workplan and Timeline; 3. That any comments received at the Special Council Meeting be referred to staff for consideration as part of the review process; 4. That a copy of Report PLN 14-24, and Council’s decision, be forwarded to the Region of Durham Planning and Economic Development Department; and, 5. That all interested parties and any delegations be advised of Council’s decision. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy Councillor Pickles Mayor Ashe No: Councillor Robinson - 6 - Special Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 5:00 pm 5. Confirmatory By-law By-law Number 8107/24 Councillor Cook seconded by Councillor Butt moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of May 27, 2024. Carried 6. Adjournment Moved by Councillor Cook Seconded by Councillor Brenner That the meeting be adjourned. Carried The meeting adjourned at 6:39 pm Dated this 27th day of May 2024. Kevin Ashe, Mayor Susan Cassel, City Clerk - 7 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm Present: Mayor Kevin Ashe Councillors: M. Brenner S. Butt L. CookM. NagyD. Pickles L. Robinson Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor S. Boyd -Fire Chief B. Duffield -Director, Operations J. Eddy -Director, Human Resources L. Gibbs -Director, Community Services M. Guinto -Division Head, Public Affairs & Corporate Communications R. Holborn -Director, Engineering Services F. Jadoon -Director, Economic Development & Strategic Projects S. Karwowski -Director, Finance & Treasurer S. Cassel -City Clerk C. Rose -Chief Planner C. Addo-Bekoe -Manager, People & Culture C. Whitaker -Manager, Sustainability & Strategic Environmental Initiatives E. Knox -Community Safety and Well Being Advisor J. San Antonio -Senior Advisor, Equity, Diversity & Inclusion C.Redmond -(Acting) Deputy Clerk 1.Call to Order/Roll Call The City Clerk certified that all Members of Council were present and participating in-person. 2.Moment of Reflection Mayor Ashe called for a silent moment of reflection. 3.Indigenous Land Acknowledgment Statement - 8 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm Mayor Ashe read the Indigenous Land Acknowledgment Statement. Resolution # 485/24 Moved by Councillor Brenner Seconded by Councillor Cook That the rules of procedure be suspended to allow filming in the Council Chambers by the Toronto Star and Rebel News. Carried on a Two-Thirds Vote 4. Disclosure of Interest No disclosures of interest were noted. 5. Adoption of Minutes Resolution # 486/24 Moved by Councillor Butt Seconded by Councillor Cook Special Council Minutes, April 22, 2024 Council Minutes, April 22, 2024 Executive Committee Minutes, May 6, 2024 Planning & Development Committee Minutes, May 6, 2024 Special Council Minutes, May 6, 2024 Special Council Minutes, May 13, 2024 Carried 6. Presentations There were no presentations. 7. Delegations Resolution # 487/24 Moved by Councillor Cook Seconded by Councillor Nagy That the order of the delegations be changed to hear Item 7.20, Odessa Grignon, Chair, Pickering Anti-Black Racism Taskforce, following Item 7.1. - 9 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm Carried 7.1 Shawna Stanleigh, Member, Waterfront Visionary Advisory Committee Re: Corr. 16-24 Waterfront Visionary Advisory Committee 2023 Year End Report and 2024 Proposed Work Plan Shawna Stanleigh, Member, Waterfront Visionary Advisory Committee, appeared before Council, and through the aid of a PowerPoint presentation provided a year-end summary of the Waterfront Visionary Advisory Committee. Ms. Stanleigh spoke to the composition of the Committee and the various committees that they hear delegations from. She spoke to the purpose of the Committee and activities that the Committee collaborated on in 2023, including projects and resources for the waterfront. She discussed the 2024 Proposed Work Plan, including Petticoat Conservation Park opportunities, and a shoreline study from Westshore Boulevard to Marksbury Road. Ms. Stanleigh noted that the Committee’s priorities for 2024 included advocating for the health of Frenchman’s Bay, promoting the waterfront as a tourist attraction, reviewing, and providing recommendations to increase the safety and access of the waterfront through trail connections and public transit, and installation of a landscape feature. She spoke to the proposed pathway between Marksbury Road and West Shore Boulevard and trail reconstruction from Bruce Handscombe Park to Elvira Court. Ms. Stanleigh discussed the existing condition of the Beachfront Park and showed a conceptualized drawing of the Revitalization and Boardwalk Replacement, and the accessible canoe/kayak launch at Rotary Frenchman’s Bay West Park. She advised that the Committee was concerned with weed growth in the Bay and would be recommending a habitation strategy. She concluded by stating that the Committee looked forward to continuing their advocacy work through 2024 and beyond. 7.20 Odessa Grignon, Chair, Pickering Anti-Black Racism Taskforce Re: Report HUR 01-24 Odessa Grignon, Chair, Pickering Anti-Black Racism Taskforce (PABRT) appeared before Council to speak to Report HUR 01-24. Ms. Grignon advised that the Taskforce endorsed the Equity, Diversity & Inclusion (EDI) Strategy, Report HUR 01-24. Ms. Grignon stated that she was at the Meeting to share her story as it related to the EDI Strategy from the perspective of her lived experience as a Black Pickering resident. She spoke to her community engagement, activism, and advocacy journey in Pickering, the reasons she became a member of PABRT, her role on the Taskforce and the need for more community engagement. She discussed the meet and greet events organized by PABRT where residents shared their experiences with racism in the community. Ms. Grignon commented that since its inception, PABRT had evolved into a Black community led Taskforce and a starting model for how the City could begin to work towards decolonizing - 10 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm equity in the City. She advised that through her experience she had developed relationships and trust within the City. She commented that the City was just getting started and that there was still work to do. Ms. Grignon concluded by suggesting that the City ensure its policies and procedures aligned with EDI strategies, and provided suggestions for programs that the City could implement. The Chair made a ruling that due to being issued a Notice of Trespass by the City of Pickering, Delegations 7.2 and 7.3, Charlene Herbst, 7.5, Judy Griffiths, and 7.7, Jessica Wilkins, would not be permitted to speak before Council. 7.2 Charlene Herbst, Pickering Resident Re: The Conduct of Council The Chair made a ruling that due to being issued a Notice of Trespass by the City of Pickering, Charlene Herbst would not be permitted to speak before Council via electronic connection. 7.3 Charlene Herbst, Pickering Resident Re: By-law 8110/24 (Agenda Item 13.3) The Chair made a ruling that due to being issued a Notice of Trespass by the City of Pickering, Charlene Herbst would not be permitted to speak before Council via electronic connection. 7.4 Carl Fulda, Oshawa Resident Re: By-law 8110/24 (Agenda Item 13.3) Carl Fulda, Oshawa Resident, appeared before Council and through the aid of a PowerPoint presentation spoke to his concerns with By-law 8110/24. Mr. Fulda stated his concerns with limiting delegations to Pickering residents as Pickering was only one of a number of municipalities in Durham Region and that what happened in Pickering may have an effect on him in Oshawa. He discussed the jurisdictions and limitations on residents across Durham and that the amendments to the By-law would block non-Pickering residents from speaking at meetings. Mr. Fulda commented that at previous meetings, non-Pickering residents spoke against Councillor Robinson, and that the removal of Question Period took away residents’ ability to speak before Council. He discussed examples of incidences where residents might be affected by the amendments and concluded by asking Council not to approve the amendments to the By-law. 7.5 Judy Griffiths, Blackstock Resident Re: By-law 8110/24 (Agenda Item 13.3) The Chair made a ruling that due to being issued a Notice of Trespass by the City of Pickering, Judy Griffiths would not be permitted to speak before Council via - 11 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm electronic connection. 7.6 Maggie Braun, Ecosystems Management Technologist, Gather 2030 Re: Open and Inclusive Decision-Making Processes for Sustainable Development Programs in Pickering Maggie Braun, Ecosystems Management Technologist, Gather 2030, appeared before Council via electronic connection to speak to open and inclusive decision- making processes for sustainable development and to emphasize the importance of diverse and dissenting views and healthy debate on issues that impacted daily lives. She advised that she was speaking in support of Councillor Robinson as she promoted discussion on international programs and had faced criticism for advocating for transparency and open dialogue. Ms. Braun stated that international programs shaped the future of communities and were voluntarily adopted at the local level. She noted that in a healthy democracy, action items required public feedback prior to being finalized by Council, and that it was Council’s responsibility to protect the community from undue international influence and lobbyist groups. Ms. Braun advised that Canada needed no direction from unelected organizations such as the United Nations on how to run the City. She commented that Pickering should address the nationwide urban poverty crisis, homelessness, mental health, community gardens, drug addiction and rehab centres, instead of allocating funding from the City’s budget to climate focused programs. Ms. Braun recommended that Council review its sources for climate facts and conduct a comprehensive review of all programs and partnerships to achieve international goals versus those that were locally funded to address immediate local needs. 7.7 Jessica Wilkins, Durham Region Freedom Fighters (DRFF) Re: The Conduct of Council The Chair made a ruling that due to being issued a Notice of Trespass by the City of Pickering, Jessica Wilkins would not be permitted to speak before Council via electronic connection. 7.8 Patricia Conlin, Port Perry Resident Re: Report HUR 01-24 Equity, Diversity and Inclusion Strategy Patricia Conlin, Port Perry Resident, appeared before Council to speak to her concerns with Report HUR 01-24. Ms. Conlin spoke to Martin Luther King’s vision of a world where people were based on merit and treated with respect, regardless of the colour of their skin. She advised that current equity, diversity and inclusion (EDI) policies did not achieve this goal but achieved reverse discrimination and inequity. She commented that the roots of EDI came from Marxist ideology used as a tool to increase totalitarianism policies resulting in increased censorship, - 12 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm control, poverty and corruption. Ms. Conlin advised that government decisions for policies and hiring should be based on equal standards and benefits for all. She spoke to the rules for displaying the Canadian flag and Pickering’s flag policies and commented that Pickering should remain neutral. She concluded by recommending that Council review and revise procedures to prevent discrimination, allow for diversity of thought, fairness and respectful treatment of all, and to promote neutrality and foster inclusivity for all. 7.9 Patricia Conlin, Port Perry Resident Re: By-law 8110/24 (Agenda Item 13.3) Patricia Conlin, Port Perry Resident, appeared before Council regarding By-law 8110/24. Ms. Conlin advised that the By-law amendments were an infringement on free speech, and against constitutional rights. She commented that it was important that Council maintain respectful and open dialogue at meetings and encourage diverse points of view, and provided examples of policies where open dialogue did not occur. Ms. Conlin stated that Council should listen to alternative information and topics such as mass unsustainable immigration and the housing crisis, and concluded by recommending that Council not adopt the By-law and noted that she would be emailing additional information to Council after the Meeting. 7.10 Terry Peters, Pickering Resident Re: By-law 8110/24 (Agenda Item 13.3) Terry Peters withdrew their delegation and did not appear before Council for this Item. 7.11 Terry Peters, Pickering Resident Re: Council Transparency and Accountability Terry Peters, Pickering Resident, appeared before Council to speak to Council transparency and accountability. Mr. Peters spoke to the Durham District School Board meeting on May 23, 2023 that Councillor Robinson attended due to concerns with the school curriculum, as well as the 1 Million March for Children on September 20, 2023, that gave rise to the growing parental rights movement, and discussed the 2015 Government of Canada missing children’s report. Mr. Peters advised that the primary role of government was to protect children, and asked why Councillor Robinson was the only Member of Council that addressed the crowd at the 1 Million March for Children in support of children. He stated that there was no oath of office and no oath to the people. Mr. Peters spoke to Councillor Robinson’s Opinion Editorial noting that every race, ethnic group and culture should be equally included in all history taught in schools, not only history for special groups. Mr. Peters commented that as he pointed out in a previous delegation, not one of the 18 delegates who came forward against Councillor - 13 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm Robinson’s Opinion Editorial spoke to the comments that offended them but may have been there to support a vote for Council to have Councillor Robinson brought before the Ontario Human Rights Commission. Mr. Peter’s concluded his delegation by discussing a video involving Mayor Ashe during the 2022 Municipal Election campaign, and commented that then Deputy Mayor Ashe suspended resident’s rights and freedoms when he voted to lock Pickering down during the pandemic, and later left the country on a vacation 7.12 Ryan Linkletter, Pickering Resident Re: By-law 8110/24 (Agenda Item 13.3) Ryan Linkletter, Pickering Resident, appeared before Council to speak to By-law 8110/24. He stated that he did not agree that only Pickering residents could delegate and commented that the motion for the By-law amendment brought forward by Councillor Pickles was not provided to Council prior to the Meeting resulting in the public not being able to express their opinions to their Councillor prior to the Council Meeting. Mr. Linkletter concluded by recommending that Council not introduce anymore by-laws to increase restrictions on the public’s ability to participate at meetings. 7.13 Ryan Linkletter, Pickering Resident Re: The Conduct of Council Ryan Linkletter, Pickering Resident, appeared before Council to speak to the conduct of Council. Mr. Linkletter expressed his concerns regarding the delegation submission process and stated that people should be encouraged to delegate regardless of where they were from. He spoke to the conduct of Council and wanted to focus on a recent Council Meeting where the Mayor made inappropriate comments about Councillor Robinson, including keeping her on a short leash. It was the consensus of Council to recess. Council recessed at 8:05 p.m. and reconvened at 8:16 p.m. Upon reconvening, the Chair reminded delegations of the conduct requirements set out in Section 08.01 of the Procedure Bylaw. 7.14 John Petejan, Civis4Reform Re: By-law 8110/24 (Agenda Item 13.3) Mr. Petejan, Civis4Reform, appeared before Council to speak to the City as a Corporation and to express his concerns with the Procedure By-law changes that were being proposed without proper transparency or public input. Mr. Petejan commented that the amendments further strengthened the control of Council over - 14 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm citizens and noted that similar amendments were being implemented by many municipalities across Ontario. Mr. Petejan stated that municipalities across Ontario adhered to or followed federal, provincial, regional, and/or non-governmental organization directives laid down by a number or organizations that all impacted taxpayers. He spoke to the rights of all persons and the duties of governments to protect those rights under the Constitution. He stated that Council was elected to act on behalf of their citizens and to penalize a Member for acting on behalf of her constituents was wrong. Mr. Petejan concluded by stating that governments served people, not the other way around. 7.15 Dianna Robinson, Toronto Resident Joe Ingino, Editor/Publisher, Oshawa/Durham Central Newspaper Re: Conduct at Council Meetings Dianna Robinson, Toronto Resident, appeared before Council to speak to her concerns regarding the conduct at Council meetings. Ms. Robinson stated that the purpose of Council was to speak for and represent the residents, to allow the residents to discuss their concerns, and to make decisions regarding municipal financing and services. She commented that meetings have become very unprofessional due to the Mayor’s behaviour, including muting Councillor Robinson’s microphone. She commented about the increased security at Council meetings due to threats without knowing what the threats were about and discussed a few incidents that occurred outside Council Chambers. She commented that minutes did not reflect all topics that were discussed at meetings, and concluded by stating that Council was disrespectful and were suppressing resident’s input by taking away their civil rights. Joe Ingino, Editor/Publisher, Oshawa/Durham Central Newspaper, spoke to his concerns about what he witnessed at this evenings Council Meeting and commented that as leaders they must listen to views of those in opposition and to those that support them. Mr. Ingino asked the Mayor to apologize for his inappropriate comments about Councillor Robinson during a recent Council Meeting, including the comment about a short leash. He stated that nothing would change, as Council had already made its decision to pass restrictive measures due to lack of solid leadership. Mr. Ingino commented that people were elected without the qualifications to make decisions, resulting in increased taxes. Mr. Ingino concluded by suggesting that Council take human relation courses on how to deal with the public. 7.16 Dianna Robinson, Toronto Resident Joe Ingino, Editor/Publisher, Oshawa/Durham Central Newspaper Re: By-law 8110/24 (Agenda Item 13.3) Joe Ingino, Editor/Publisher, Oshawa/Durham Central Newspaper, appeared before Council to speak to By-law 8110/24. Mr. Ingino stated that he did not agree - 15 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm with the amendments to the By-law but felt it would be adopted anyway. He commented that when adopting policies, Council should consider the needs of the residents first, before their own. He discussed how trespass orders should only be issued if there was an element of threat to person or property not just for speaking one’s mind. He urged Council to do what was right for constituents by listening to the people. Dianna Robinson, Toronto Resident, spoke to her concerns regarding By-law 8110/24. Ms. Robinson commented that one of the reasons posed for the amendment was that City business was not getting done due to long meetings as a result of the number of delegations. She commented on the importance of allowing people to speak at Council meetings regarding issues of concern to them. She spoke to the workload of Council and the number of meetings they attended each month, and the time that residents take out of their schedule to attend meetings. 7.17 Jeffrey Armitage, Jeffrey P. Armitage Inc. Kerstin Kelly, Oakwood Resident Re: The Conduct of City Council Jeffrey Armitage was not able to attend the Meeting to make a delegation. Kerstin Kelly, Oakwood Resident, appeared before Council to speak to the conduct of City Council. Dr. Kelly noted that she was a veterinary emeritus who had worked in Durham Region in the past and was at the meeting to speak to the conduct of Council. She stated that the role of Council was to represent the public and to consider the well-being and interests of the municipality. She commented that while she respected people from all backgrounds and did not want anyone excluded or discriminated against, that Council must represent in a democracy. She summarized the latest census population statistics and advised that Council must consider the majority in a fair democracy. She commented that after watching Council meetings she was concerned about the conduct of Council that she identified as psychological harassment. Dr. Kelly summarized the meaning of the term and spoke to specific instances within Council that highlighted the behaviour, including exclusion from events, public humiliation, and gaslighting. Dr. Kelly recommended that Council implement anti-harassment policies and training, foster a respectful and inclusive work environment, promote a culture of respect and inclusion, and actively work to create a culture where every member felt valued and heard. 7.18 Jennifer Johnson, Ottawa Resident Re: Concerns regarding the Conduct of City Council Jennifer Johnson, Ottawa Resident, appeared before Council via electronic connection to speak to the conduct of City Council. Ms. Johnson advised that she - 16 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm was troubled by recent reports of unprofessional behavior, including the mistreatment of Councillor Robinson. She commented that citizens elected representatives with the expectation that they would lead with integrity, respect, and commitment to the community. She stated that when Council engaged in derogatory remarks and disrespectful interactions, it undermined trust in the institution, and stifled constructive debate, and noted that Council needed to listen and respect different viewpoints and to work collaboratively to address the issues in the community. She urged Council to consider the impact that their actions and words had on the public's perspective of Council and stated that Council should establish guidelines for professional conduct, participate in regular training sessions, and create a committee dedicated to reviewing Council conduct. 7.19 Terry Rekar, Courtice Resident Re: By-law 8110/24 (Agenda Item 13.3) Terry Rekar, Courtice Resident, appeared before Council via electronic connection to speak to By-law 8110/24. Ms. Rekar spoke to her concerns with the new requirements for residents to submit a written request along with a mover and a seconder to have new items added to the agenda. She noted that the restrictions made it more difficult for individuals to introduce new topics for discussion resulting in limiting public engagement, and that by imposing additional barriers, it discouraged public involvement. She commented that the requirement for a mover and seconder was daunting for individuals who were not well connected within the community or familiar with the procedural intricacies of Council meetings and that it could deter people from attempting to engage. She stated that the written request requirement added a layer of bureaucracy that could slow down the process of addressing important issues, and noted that public engagement should be encouraged, not hindered. She advised that simplifying the process for adding new agenda items would demonstrate a commitment to inclusivity and open governance and asked that Council reconsider this requirement. Ms. Rekar concluded by noting that facilitating public engagement was essential for a vibrant and responsive democracy. 7.21 Bruce Cowley, Pickering Resident Re: By-law 8110/24 (Agenda Item 13.3) Bruce Cowley, Pickering Resident appeared before Council to speak to By-law 8110/24. Mr. Cowley advised that the ability to delegate on local issues had been eroded and that although he had mixed feelings about restrictions, after review of the proposed amendments, he felt that the amendments protected his democratic rights to be heard as a citizen of Pickering while balancing and accommodating exceptions. He commented that over half of the delegates on the meeting agenda were not residents of Pickering and that the actions of one Councillor necessitated the amendment to the By-law. Mr. Cowley commented that Councillor Robinson accused Members of Council of bringing together the delegates for the February - 17 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 26th Council meeting yet had done the same for this meeting by encouraging people to register with a specific call to action, mostly attracting non-residents of Pickering. He noted that the call to action included a list of topics that included her three failed motions when those matters had already been decided upon by Council. He noted that the amendments to the By-law would open more time for residents of Pickering to have their concerns heard. 7.22 Bruce Cowley, Pickering Resident Re: Corr. 17-24 Council Request to OHRC Bruce Cowley, Pickering Resident, appeared before Council to speak to Corr. 17-24, Council Request to the Ontario Human Rights Commission. (OHRC). Mr. Cowley advised that he was initially disappointed to see that the OHRC had not decided to continue with a public inquiry but was interested to see that they were continuing to monitor for any development in the matter, and that the OHRC noted that Council had taken necessary measures under the current laws. He stated that he was concerned that the City should continue to advance in supporting human rights principles inside and outside of Council Chambers, and was concerned that in spite of all that had transpired, Councillor Robinson would continue to publicly endorse and spread bigotry. Pursuant to Section 10.04 of the Procedure By-law, at 9:11 p.m., the Chair, after previous attempts to call the Member to order, ruled that Councillor Robinson would not be recognized for the balance of the meeting and would not be permitted to speak or vote for the remainder of the Meeting. It was the consensus of Council to recess due to the disruptions from individuals in the gallery. Council recessed at 9:14 p.m., and the Chair asked security to clear the gallery due to disturbances and lack of decorum by some of the individuals present to observe the Meeting. Council reconvened at 9:31 p.m. The Chair advised that due to the need to clear the Council Chambers, Mr. Cowley was not able to complete his delegation and that he was welcome to register as a delegate for a future meeting should he wish. 8. Correspondence 8.1 Corr. 15-24 Timothy Higgins, Accessibility Coordinator, City of Pickering Re: Accessibility Advisory Committee - 18 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm - 2023 Year End Report and 2024 Proposed Work Plan Resolution # 488/24 Moved by Councillor Pickles Seconded by Councillor Butt That Corr. 15-24 from Timothy Higgins, Accessibility Coordinator, City of Pickering, dated May 27, 2024, regarding the Accessibility Advisory Committee 2023 Year End Report and 2024 Proposed Work Plan, be received for information. Carried 8.2 Corr. 16-24 Arnold Mostert, Manager, Landscape & Parks Development, City of Pickering Re: Waterfront Visionary Advisory Committee - 2023 Year End Report and 2024 Proposed Work Plan Resolution # 489/24 Moved by Councillor Pickles Seconded by Councillor Butt That Corr. 16-24 from Arnold Mostert, Manager, Landscape & Parks Development, City of Pickering, dated May 27, 2024, regarding the Waterfront Visionary Advisory Committee 2023 Year End Report and 2024 Proposed Work Plan, be received for information. Carried 8.3 Corr. 17-24 Patricia DeGuire, Chief Commissioner, Ontario Human Rights Commission Re: Council Request to OHRC A brief discussion ensued between Members of Council regarding the purpose for bringing the motion forward. Resolution # 490/24 Moved by Councillor Brenner Seconded by Councillor Cook 1. That Corr. 17-24 from Patricia DeGuire, Chief Commissioner, Ontario - 19 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm Human Rights Commission, dated May 10, 2024 be received; 2. That a copy of Corr. 17-24 be provided to the Hon. Paul Calandra, Minister of Municipal Affairs and Housing, along with a copy of Council Resolution #444/24 endorsing the Town of Aurora’s Resolution of February 27, 2024, pertaining to Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement including the original Town of Aurora's Correspondence and Resolution; and, 3. That the Minister be requested to consider the information provided in any proposed legislated changes to improve and strengthen municipal codes of conduct. Carried Unanimously on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy Councillor Pickles Mayor Ashe Note: Councillor Robinson was not included in the recorded vote due to the Chair’s ruling earlier in the meeting, in accordance with Section 10.04 of the Procedure By-law, that she would not be recognized for the balance of the Meeting. 9. Report EC 05-24 of the Executive Committee held on May 6, 2024 9.1 Director, Community Services, Report CS 09-24 Community Visitor Plan Council Decision: 1. That Council endorse the Community Visitor Plan, as set out in Attachment 1; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.2 Director, Human Resources, Report HUR 01-24 Equity, Diversity and Inclusion Strategy Council Decision: - 20 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 1. That Council endorse the 2024-2034 Equity, Diversity and Inclusion Strategy, as set out in Attachment 1; 2. That staff be directed to develop and implement an annual work plan in accordance with the timelines set out in the EDI Strategy which shall incorporate the key areas of focus and associated action items set out in the Strategy, with those actions being reflected in the annual current and capital budgets of the City on an ongoing basis; and, 3. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this Report. 9.3 Director, Community Services, Report CS 08-24 City Property Naming Submission to name the Turf Field at Kinsmen Park as Jayde Riviere Field Council Decision: 1. That Report CS 08-24 regarding the submission to name the turf field at Kinsmen Park as Jayde Riviere Field be received; 2. That Council approve naming the turf field at Kinsmen Park as Jayde Riviere Field; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 9.4 Director, Community Services, Report CS 10-24 Recommendation for Improved Lighting Around Municipal Facilities Accessibility Advisory Committee Council Decision: 1. That Report CS 10-24 regarding Accessibility Advisory Committee Recommendations for improved lighting around Municipal Facilities be received; 2. That the Mayor be requested to include funding in the amount of $36,000 in the City’s 2025 Current Budget to enable staff to undertake an exterior lighting study of Civic Centre and Community Facilities; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. - 21 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 9.5 Director, Community Services, Report CS 11-24 Community Safety & Well-Being Plan Council Decision: 1. That the Community Safety & Well-Being Plan, as set out in Attachment 1, be endorsed; and, 2. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. 9.6 Director, Community Services, Report CS 12-24 Gingerbread Nursery Licence Agreement Licence Agreement Renewal Council Decision: 1. That the Mayor and City Clerk be authorized to execute a Licence Renewal Agreement with Gingerbread Co-operative Nursery School (Pickering) Inc. as 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. 9.7 Director, Engineering Services, Report ENG 06-24 Rouge Stormwater Management Pond Sediment Cleanout Request for Tender No. T2024-1 Council Decision: 1. That Request for Tender No. T2024-1 for Rouge Stormwater Management Pond Sediment Cleanout as submitted by Cardan Demolition & Excavation Inc. in the total tendered amount of $521,898.13 (HST included) be accepted; 2. That Council approve the hiring of T.Y.Lin International Canada Inc. as a consultant, in the amount of $75,650.00 (HST excluded) to undertake contract administration and construction supervision of Request for Tender No. T2024-1 for Rouge Stormwater Management Pond Sediment Cleanout in accordance with Purchasing Policy 10.03 (c), as the assignment is above $50,000.00; 3. That the total gross project cost of $670,011.00 (HST included), including - 22 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm the tendered amount, consulting cost, a contingency and other associated costs, and the total net project cost of $603,366.00 (net of HST rebate) be approved; 4. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $603,366.00 as approved in the 2023 Capital Budget to be funded by a transfer from the SWM Reserve Fund; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.8 Director, Engineering Services, Report ENG 07-24 Proposed All-way Stop Sandy Beach Road and Parkham Crescent Council Decision: 1. That the attached draft by-law be enacted to amend Schedule “6” and Schedule “7” to By-law 6604/05 to provide for the regulation of stop signs on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering, specifically to address the proposed installation of an all-way stop control at the intersection of Sandy Beach Road and Parkham Crescent; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.9 Director, Operations, Report OPS 04-24 Supply & Delivery of Various 4 and 5 Ton Dump Trucks Quotation No. RFQQ2024-4A Council Decision: 1. That Quotation No. RFQQ2024-4A as submitted by Viking Cives Ltd. in the amount of $1,254,900.00 (HST excluded) be accepted; 2. That the total gross project cost of $1,418,037.00 (HST included), and that the total net project cost of $1,276,986.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $1,276,986.00 as approved for in the 2024 Capital Budget as follows: a) The sum of $424,339.00 be revised from a 5-Year DC Debt to a 5-Year Internal Loan; - 23 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm b) The sum of $852,647.00 to be funded from the Vehicle Replacement Reserve; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.10 Director, Operations, Report OPS 05-24 Architectural & Engineering Consulting Services for Restoration of the Redman, Miller Cole & Brougham Temperance Houses and Related Site Works at the Pickering Museum Village Council Decision: 1. That RFP2023-11 for Architectural & Engineering Consulting Services for Restoration of the Redman, Miller Cole & Brougham Temperance Houses and Related Site Works at the Pickering Museum Village submitted by Barry Bryan Associates in the amount of $271,200.00 (HST included) be accepted; 2. That the total gross project cost of $336,740.00 (HST included), including the amount of the proposal, contingency and other associated costs, and the total net project cost of $303,245.00 (net of HST rebate), be approved; 3. That the Director, Finance & Treasurer be authorized to finance the net project cost of $303,245.00 as approved in the 2018 and 2021 to 2024 Capital Budgets as follows: a) The sum of $90,000.00 to be funded from Property Taxes; b) The sum of $160,000.00 to be funded by a transfer from the Minor Building Replacement Reserve; c) The sum of $53,245.00 to be funded by a transfer from the Rate Stabilization Reserve; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. 9.11 Director, City Development & CBO, Report PLN 11-24 Application for Exceptions to Street Naming Policy ADM 220 Naming of a private street for the Porsche Experience Centre development Council Decision: - 24 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm That the application from Pickering Developments Inc. to use the name “Porsche” and the suffix (street type) “Drive”, for the new private street to the proposed Porsche Experience Centre development, be approved. 9.12 Director, City Development & CBO, Report SUS 05-24 Enbridge Data Usage Licence Council Decision: 1. That the Mayor and City Clerk be authorized to execute a Data Usage Licence with Enbridge Gas Inc. as set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Corporate Services & City Solicitor, and/or Chief Administrative Officer; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Resolution # 491/24 Moved by Councillor Pickles Seconded by Councillor Butt That Report EC 05-24 of the Executive Committee Meeting held on May 6, 2024 be adopted. Carried 10. Report PD 03-24 of the Planning & Development Committee held on May 6, 2024 10.1 Director, City Development & CBO, Report PLN 12-24 Draft Plan of Subdivision Application SP-2023-03 Zoning By-law Amendment Application A 11/23 Caplink Limited (575, 625 and 685 Highway 7) Seaton Community Council Decision: 1. That Draft Plan of Subdivision Application SP-2023-03, submitted by Caplink Limited, on lands being Part Lots 27 and 28, Concession 5, to establish a plan of subdivision consisting of six blocks for employment uses, road widenings, and new municipal roads, as shown on Attachment 5 to Report PLN 12-24, and the implementing conditions of approval, as set out in Appendix I, be endorsed; and, - 25 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 2. That Zoning By-law Amendment Application A 11/23, submitted by Caplink Limited, to implement Draft Plan of Subdivision SP-2023-03 and permit a food manufacturing campus on lands being Part Lots 27 and 28, Concession 5, be approved, and that the draft Zoning By-law Amendment as set out in Appendix II to Report PLN 12-24, be finalized and forwarded to Council for enactment. Resolution # 492/24 Moved by Councillor Pickles Seconded by Councillor Butt That Report PD 03-24 of the Planning & Development Committee Meeting held on May 6, 2024 be adopted. Carried 11. Reports – New and Unfinished Business 11.1 Director, Corporate Services & City Solicitor, Report CLK 03-24 Lobbyist Registry One-Year Update Resolution # 493/24 Moved by Councillor Pickles Seconded by Councillor Butt That Report CLK 03-24, regarding the Lobbyist Registry One-Year Update, be received for information. Carried 11.2 Director, Operations, Report OPS 06-24 Supply & Delivery of Three Sidewalk Tractors with Attachments Quotation No. RFQQ2024-5A Resolution # 494/24 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Quotation No. RFQQ2024-5A submitted by York Region Equipment Centre, in the amount of $639,638.67.00 (HST excluded), be accepted; 2. That the total gross project cost of $722,792.00 (HST included) and the - 26 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm total net project cost of $650,897.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $650,897.00, as provided for in the 2024 Capital Budget as follows: a) The sum of $350,000.00 as approved in the 2024 Capital Budget be increased to $433,931.00 to be funded from the Equipment Replacement Reserve; b) The sum of $216,966.00 be revised from a 5-Year DC Debt to be funded from the DC – Other Highway Services Reserve Fund; 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 11.3 Director, Operations, Report OPS 07-24 Consulting Services for a New Vehicle Storage Shed at the Operations Centre - RFP2024-2 Resolution # 495/24 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Request for Proposal No. RFP2024-2 for Consulting Services for the design of a New Vehicle Storage Shed at the Operations Centre, as submitted by Barry Bryan Associates in the amount of $329,850.00 (HST excluded), be accepted; 2. That the total gross project cost of $463,131.00 (HST included) for design and associated costs, and the total net project cost of $417,064.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the net project cost of $417,064.00 as approved in the 2023 and 2024 Capital Budgets and funded from by a transfer from the Operations Centre Reserve Fund; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in the report. Carried - 27 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 11.4 Director, Operations, Report OPS 08-24 Supply & Delivery of One 4 Ton Dump Truck with Roll-off Body Quotation No. RFQ2024-9 Resolution # 496/24 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Quotation No. RFQ2024-9 submitted by Kenworth Toronto Ltd., in the amount of $342,860.00 (HST excluded) be accepted; 2. That the total gross project cost of $387,432.00 (HST included), and that the total net project cost of $348,895.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $348,895.00, as provided for in the 2024 Capital Budget as follows: a) The sum of $348,895.00 to be funded from the Fence Reserve be revised to be funded from the Rate Stabilization Reserve; 4. 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, Operations, Report OPS 09-24 Replacement of Existing Indoor Tennis Court Flooring at Chestnut Hill Developments Recreation Complex - Tender No. T2024-4 Resolution # 497/24 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Tender No.T2024-4 for Replacement of Existing Indoor Tennis Court Flooring at the Chestnut Hill Developments Recreation Complex, as submitted by United Contracting Inc., in the amount of $624,900.00 (HST excluded) be accepted; 2. That the total gross project cost of $920,837.00 (HST included) including construction and contingency, and the total net project cost of $829,242.00 (net of HST rebate) be approved; - 28 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 3. That the Director, Finance & Treasurer be authorized to finance the net project cost of $829,242.00 as follows and approved in the 2024 Capital Budget: a) A transfer of $580,298.00 from the Casino Reserve; b) A transfer of $248,944.00 from the Tennis Reserve; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in the report. Carried 11.6 Director, City Development & CBO, Report PLN 17-24 Consulting Services for a Growth Management Review Study - RFP2024-5 Resolution # 498/24 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Request for Proposal No. RFP2024-5 for Consulting Services for Growth Management Review Study for the City of Pickering, submitted by Watson & Associates Ltd., in the amount of $175,000.00 (excluding HST), be accepted; 2. That the total gross project cost of $197,750.00 (HST included) and the net project cost of $178,080.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $178,080.00, as approved in the 2024 Current Budget, as follows: a) The sum of $80,136.00 to be funded by a transfer from the Development Charge Reserve Fund – Growth Related Studies; b) The sum of $97,944.00 to be funded from Property Taxes; and, 4. That the appropriate officials of the City of Pickering be authorized to take such actions as necessary to give effect to this report. Carried - 29 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 12. Motions and Notice of Motions 12.1 Natural Gas for Rural and Expanding Communities Brief discussion ensued regarding the purpose of the motion and the need to expand natural gas to rural residents and for a cost-effective source of energy for rural residents and farm production. Resolution # 499/24 Moved by Councillor Brenner Seconded by Councillor Cook WHEREAS, reliable and affordable access to natural gas is essential for the economic viability and prosperity of residents and businesses in our community, offering a balance of affordability and energy reliability; And Whereas, potential limitations on the expansion of natural gas infrastructure jeopardizes access to this critical energy source, which is fundamental to fostering economic growth, supporting our manufacturing sector, enhancing agricultural and farm productivity, ensuring the development of affordable housing, and maintaining energy reliability in Durham Region including the City of Pickering; And Whereas, Ontario is growing and access to reliable and affordable energy sources such as natural gas is required to support this growth in both urban and rural communities, and is a measured approach to energy transition; And Whereas, the absence of natural gas access would severely stifle the growth of the industrial sector, leading to escalated costs for agriculture and farm production, manufacturing, and consumer goods; And Whereas, for our rural and farming communities, access to natural gas is vital, as a cost-effective energy source and a catalyst for sustainable agricultural practices and on-farm operations, including heating, grain drying, and storage, directly contributing to reduced operational expenses and enabling sustainable agricultural advancements; And Whereas, achieving a net-zero emissions target in a cost-effective manner requires a collaborative approach between the electric and gas sectors, leveraging the strengths of both to enhance the overall reliability, resilience, and consumer choice within Ontario’s energy system; Now therefore be it resolved, that the Council of The Corporation of the City of Pickering: 1. Supports a balanced and measured approach to Ontario’s energy - 30 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm transition, acknowledging the insufficiency of the current electricity supply to meet the growing demands from electrification and the critical role of natural gas in bridging this gap; 2. That natural gas must be recognized as a cornerstone in meeting Ontario’s growing energy needs; 3. That Pickering Council supports the need for maintaining access to diverse and affordable energy sources, including natural gas, to bolster our agricultural sectors, enabling our rural communities to thrive and sustainably increase production capabilities within the City of Pickering and its surrounding areas; and, 4. That this resolution be circulated to Colin Best, President of AMO; Hon. Doug Ford, Premier of Ontario; Hon. Todd Smith, the Minister of Energy; Hon. Peter Bethlenfalvy, Member of Provincial Parliament Pickering- Uxbridge; all Durham Region municipalities as significant actors to ensuring the need for natural gas in Ontario as part of a measured approach towards energy transition, and that it also be submitted to municipalaffairs@enbridge.com. Carried Unanimously on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy Councillor Pickles Mayor Ashe Note: Councillor Robinson was not included in the recorded vote due to the Chair’s ruling earlier in the meeting, in accordance with Section 10.04 of the Procedure By-law, that she would not be recognized for the balance of the Meeting. 13. By-laws 13.1 By-law 8108/24 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 8109/24 Being a By-law to amend Restricted Area (Zoning) By-law 7364/14, to implement the - 31 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm Official Plan of the City of Pickering, Region of Durham, for land at Part Lots 27 and 28, Concession 5, City of Pickering (A 11/23). 13.4 By-law 8111/24 Being a by-law to exempt Block 173, Plan 40M-2671, from the part lot control provisions of the Planning Act. (1133373 Ontario Inc.) 13.5 By-law 8112/24 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, Part of Lot 1, 2, 3, 4 Plan 566 and Part of Lot 32, Concession 1 North, Now Parts 1, 40R2545 and Part 1, 40R2549, City of Pickering (A 09/16(R)) (702153 Ontario Limited) Resolution # 500/24 Moved by Councillor Pickles Seconded by Councillor Butt That By-law Numbers 8108/24, 8109/24, 8112/24, and 8112/24 be approved. Carried 13.3 By-law 8110/24 Being a by-law to amend Procedure By-law 8019/23, being a by-law to govern the proceedings of Council, any of its Committees, the conduct of its Members, and the calling of Meetings. Discussion ensued regarding the issues at tonight’s, and other meetings, that had served to diminish democracy in Pickering Council Chambers, giving rise for the need for the Procedure By-law changes. Members spoke to concerns that had been raised to them by residents and the associated impacts in their ability to participate at Committee and Council Meetings. Members stated that it was time to give the Chambers back to City residents and that the By-law was a means of taking responsibility and correcting the course. Resolution # 501/24 Moved by Councillor Pickles Seconded By Councillor Nagy - 32 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm That By-law Number 8110/24 be approved. Carried Unanimously on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy Councillor Pickles Mayor Ashe Note: Councillor Robinson was not included in the recorded vote due to the Chair’s ruling earlier in the meeting, in accordance with Section 10.04 of the Procedure By-law, that she would not be recognized for the balance of the Meeting. 14. Confidential Council – Public Report Mayor Ashe stated that an In-camera session was held at 6:30 pm in accordance with the provisions of the Municipal Act and Procedure By-law to consider a matter pertaining to 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; and, 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. The matters were discussed in closed session as they pertained to a confidential verbal update regarding an Economic Development Opportunity. There was no direction was provided to staff. 15. Regional Councillor Updates Councillor Cook advised that Region of Durham gifted two Adirondack chairs to the City in celebration of its 50 years as a Region. 16. Other Business 16.1 Councillor Cook and Councillor Nagy provided an overview of a recent economic trade delegation trip to London, England where they explored London’s high speed rail and transit project to extend the Tube Line. Councillor Nagy provided an overview of a second economic trade delegation trip to Germany, and provided details of the project sites visited which included the revitalization of the former Berlin TXL airport and the Hamburg Westfield project. - 33 - Council Meeting Minutes May 27, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 16.2 Councillor Cook gave notice of a Motion regarding Operation White Heart. 16.3 Councillor Pickles gave notice of a Motion regarding identifying City Centre schools. 17. Confirmatory By-law By-law Number 8113/24 Councillor Nagy, seconded by Councillor Cook moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of May 27, 2024. Carried 18. Adjournment Moved by Councillor Pickles Seconded by Councillor Butt That the meeting be adjourned. Carried The meeting adjourned at 10:12 pm. Dated this 27th of day of May 2024. Kevin Ashe, Mayor Susan Cassel, City Clerk - 34 - Executive Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson Present: Mayor Kevin Ashe – left the meeting at 6:08 p.m. Councillors: M.Brenner S.Butt L. Cook D. Pickles L. Robinson Absent: M. Nagy Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor S. Boyd -Fire Chief L. Gibbs -Director, Community Services B. Duffield -Director, Operations 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 M. Guinto -Division Head, Public Affairs & Corporate Communications D. Quaife -Division Head, Information Technology L. Arshad -Manager, Economic Development & Marketing F. Patel -Strategic Initiatives & Corporate Priorities Advisor C. Rose -Chief Planner V. Plouffe -Division Head, Operations Services S. Christou -Manager, Human Resources C. Whitaker -Manager, Sustainability & Strategic Environmental Initiatives M. Murray -Manager, Community Services Administration & Strategic Initiatives C. Redmond -(Acting) Deputy Clerk J. Currie -Legislative Coordinator 1.Call to Order/Roll Call - 35 - Executive Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson The Deputy Clerk certified that all Members of Council were present save and except Councillor Nagy, and noted that all Members were participating in-person, save and except Councillor Pickles, who was participating electronically. 2.Disclosure of Interest No disclosures of interest were noted. 3.Delegations 3.1 Sarah Sheehy, Chair, Pickering Public Library BoardAkeem Maginley, Vice-Chair, Pickering Public Library Board Re: 2024 – 2028 Pickering Public Library Strategic Plan and Branding Update Sarah Sheehy, Chair, Pickering Public Library Board and Akeem Maginley, Vice- Chair, Pickering Public Library Board withdrew their delegation and did not appear before the Committee. 3.2 Cynthia Davis, President & CEO, Lakeridge Health Cordelia Clarke Julien, Chair of the Board of Trustees, Lakeridge Health Re: Annual Lakeridge Health Update Cynthia Davis, President & CEO, Lakeridge Health, appeared before the Committee and noted that Cordelia Clarke Julien, Chair of the Board of Trustees, Lakeridge Health was not able to be in attendance. Through the aid of a PowerPoint presentation, Ms. Davis summarized Lakeridge Health’s 2024/2025 annual priorities, including improving access and experience, zeroing in on safety, supporting our people, and healthy finances. Ms. Davis provided highlights of the Jerry Coughlan Health & Wellness Centre and Lakeridge Gardens Long-Term Care Home in Ajax which recently celebrated its two-year anniversary. Ms. Davis discussed the increase in access to technology and its importance in the advancement of the Hospice and how it aided in recruitment and retention of specialized physicians. She spoke to the overall capital planning at Lakeridge Health, noting the Bowmanville Hospital Redevelopment and the ongoing discussions regarding the need for a new hospital in the Durham Region. Ms. Davis also spoke to fostering an inclusive environment through the “I Belong” program, and the new Inclusion, Diversity, Equity, Accessibility, and Anti-Racism Multi-Year Action Plan. Ms. Davis provided a summary of Lakeridge Health’s three-year plan, Together, Best Mental Health, a coordinated and integrated mental health and substance use services model in Durham Region. She highlighted the launch of Central Connect, a centralized telephone referral model, - 36 - Executive Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson that provides easier access to mental health services. She also noted the partnership between Lakeridge Health and Queen’s University in effort to solve the family doctor crisis. Ms. Davis concluded with an invitation to the Committee to join a celebratory event being held June 13, 2024, at Lakeridge Gardens. A question and answer period ensued between Members of the Committee and Ms. Davis regarding: •whether the Jerry Coughlan Health & Wellness Centre would help alleviatewait times at various emergency departments; •the Jerry Coughlan Health & Wellness Centre being central toaccommodating mental health; •the displacement of family practitioners in the City of Pickering and the impact that may have on urgent care services; and, •establishing a new hospital in West Durham. Councillor Robinson, Chair, read a statement to the gallery that in accordance with the City’s Procedure By-law, meeting attendees may not record any portion of the meeting and may not take photographs unless they have been granted permission by Two-Thirds majority of Committee. 3.3 Eva Reti, Board Chair, Hospice Whitby – Roger Anderson House Re: Hospice Whitby – Roger Anderson House Capital Campaign Update Eva Reti, Board Chair, Hospice Whitby, appeared before the Committee to provide an update on the Roger Anderson House Capital Campaign. With the aid of a Site Plan image of the Whitby Hospice, Ms. Reti provided that the capital campaign to build the Hospice in Whitby began in 2018 and that although the location of the Hospice was in Whitby, it was open to all residents of the Region of Durham. Ms. Reti noted that the construction of the Hospice had been delayed due to high costs, however, they took the opportunity to build private patios for patients and their families. Ms. Reti stated that a new bid for tender for construction was anticipated to be sent for approval to the Ministry of Health by the end of June 2024, and construction would begin immediately following. Ms. Reti provided that the Hospice was built for the community by the community, and that while the Province and Region accounted for approximately 25% of the funding, the balance was raised within the community. Ms. Reti noted that maintaining control of services was a priority for the Hospice to continue to provide a full scope of services to the patients and their families. Ms. Reti provided that the Whitby Hospice would offer ten private suites with private patio space, 24-hour food service with an onsite chef. She noted that - 37 - Executive Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson consideration of the needs of family members of the patient would also be accommodated. Ms. Reti spoke to the Hospice offering a spiritual space, as well as counselling rooms, meeting spaces, and that the Hospice was pet friendly. She further noted that the Hospice would have specialized staff spaces geared towards the well- being of staff. Ms. Reti concluded by highlighting the various ways in which the Hospice was giving time to families to spend with each other by providing services such as laundry, cooking, and cleaning. A question and answer period ensued between Members of the Committee and Ms. Reti regarding: •estimation of the final costs to complete building the Whitby Hospice; •clarification of the expected capacity of the Hospice; and, •that Whitby Hospice was the only Hospice servicing Durham Region. 3.4 Shaun Collier, Chair, Durham Regional Police Services Board Karen Fisher, Member, Durham Regional Police Services Board Re: Durham Regional Police Service Board – Update Shaun Collier, Chair, Durham Regional Police Services Board and Karen Fisher, Member, Durham Regional Police Services Board, appeared before the Committee and through the aid of a PowerPoint presentation, provided the Durham Regional Police Service Board Update. Mr. Collier noted that Bill Clancy, Executive Director, Durham Regional Police Services, Ryan Connolly, Superintendent, Durham Regional Police Services, Staff Seargent Chris Boileau, and Peter Moreira, Durham Region Chief of Police, were also present. Mr. Collier provided an outline of the composition of the Board and discussed the Board’s role that was outlined in the new Community Safety and Policing Act, 2019, which came into force April 1, 2024, replacing the Police Services Act, 1990. He summarized some changes to the legislative framework for policing in Ontario, noting that the changes did not alter the role of the Board, but enhanced the accountability of the Board. Ms. Fisher spoke to the current areas of focus of the Board being the 2024 Strategic Plan, the implementation of the Community Safety and Policing Act, and community engagement. Mr. Collier concluded by outlining community safety issues and identifying four priorities being firearms, auto theft, mental health, and crimes against seniors and children. - 38 - Executive Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson A question and answer period ensued between Members of the Committee and Mr. Collier, Ms. Fisher, and Chief Moriera regarding: •clarification of the investigation, and subsequent rescinding, of the chargesagainst Deputy Chief Dean Bertrim; •identifying Human Trafficking in the community safety priorities; •supporting and rebranding neighbourhood watch programs; •clarifying the frequency of updating the Strategic Plan and how often the Police Service Board would provide updates; •updating the community survey provided in the Strategic Plan; •clarification of the training provided in relation to mental health crisis issues; •ensuring representation and cultural understanding of the growingpopulation and increasing diversity within Pickering, especially in thenorthern region, and the force being representative of the community; •addressing concerns such as auto theft; •ensuring representation within the Board of the whole Region throughoutreach efforts; •the effectiveness of red-light cameras and speed cameras; •clarification of how many firearms instances had involved legally registeredfirearms; •launching an educational campaign to highlight the issue of humanTrafficking; and, •clarification that the DRPS maintained high standards in its hiring practices.. 3.5 Ryan Linkletter, Pickering Resident Re: Report IT 01-24 IT Capability Assessment Ryan Linkletter appeared before the Committee to speak to his concerns with Report IT 01-24. Mr. Linkletter noted that KPMG’s research showed deficiencies in providing adequate privacy, security measures and staffing levels. He referred to the February 5, 2024 Executive Committee Meeting and Agenda, noting concerns raised about data protection and protection of residents information online. Mr. Linkletter raised further concerns that the Report, as well as previous reports, indicated that resident information was at high risk if additional IT resources were not approved. Mr. Linkletter recommended updating relevant policies and going above the minimum standards that were outlined in the Municipal Act, to address critical issues of privacy security as raised by three different consultant companies. Mr. Linkletter discussed additional concerns regarding unnecessary spending on consultants. He posed questions regarding whether the IT Capability Assessment, Digital Strategy, and GIS Strategy Reports were in alignment with the principles of 15 Minutes Cities and/or Smart Cities and whether Pickering was - 39 - Executive Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson becoming or was already a 15 Minute City. Mr. Linkletter concluded his delegation, noting the mention of Smart Cities on several pages within the Digital Strategy Report. 3.6 Ryan Linkletter, Pickering Resident Re: Report PLN 19-24 Pickering Official Plan Review -Proposal No. RFP2024-6 for Consulting Services for Public Engagement Ryan Linkletter appeared before the Committee to speak to his concerns with Report PLN 19-24. Mr. Linkletter stated that, in his opinion, money being spent on consulting services was unnecessary, and that the City should be looking to eliminate unnecessary spending. 3.7 Ryan Linkletter, Pickering Resident Re: Report SUS 08-24 2023 Sustainable Year-in-Review Ryan Linkletter appeared before the Committee to speak to his concerns with Report SUS 08-24. Mr. Linkletter stated that the 2023 Sustainable Pickering Year- in-Review’s Message from the CAO mentioned that the Intelligent Community Forum (ICF) recognized Pickering as one of the world’s Smart21 Communities of 2023 and that Durham Region was recognized as one of the Smart21 Intelligent Communities of 2024 by the ICF. Mr. Linkletter noted that the City of Pickering declared a climate emergency through a Council Resolution on December 16, 2019, and discussed how this related to the Durham Community Energy Plan. He stated his concerns regarding car free zones post 2040 and how that may correlate to government restrictions placed on resident movement and travel. He expressed further concern that restrictions may be placed on resident movement and travel in the City of Pickering. Mr. Linkletter sought clarity on the anticipated end date for the declared climate emergency. 3.8 Ryan Linkletter, Pickering Resident Re: Report CAO 04-24 Advertising Standards Policy Ryan Linkletter appeared before the Committee to speak to his concerns with Report CAO 04-24. Mr. Linkletter recommended that Council refer this Policy back to staff. Mr. Linkletter noted that there had never been an Advertising Standards Policy and questioned the purpose or need for it at this time. Mr. Linkletter expressed concern that the Advertising Standards Policy was being brought forward to increase restrictions on independent journalists, local newspapers, outsiders trying to delegate in Pickering, and attempting to dictate a narrow range - 40 - Executive Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson of topics being permitted to speak on. Mr. Linkletter concluded that he had concerns that the meeting minutes omitted key points made by Members of Council, staff, and delegates. It was the consensus of Council to recess. Council recessed at 3:20 p.m. and reconvened at 3:33 p.m. 4.Matters for Consideration 4.1 Director, Corporate Service & City Solicitor, Report IT 01-24 IT Capability Assessment Paul Bigioni, Director, Corporate Services & City Solicitor, appeared before the Committee and provided clarification to concerns raised by Mr. Linkletter during his delegation regarding protection of privacy and funding for additional staffing and resources in the IT Division. Mr. Bigioni provided an overview of the IT Capability Assessment and introduced Daile Quaife, Division Head, Information Technology. Dale Quaife, Division Head, Information Technology, appeared before the Committee and provided an overview of the recommended actions of the Assessment and the benefits of investing in the IT Division and introduced the Consultant Delegation, Janine Lang. Janine Lang, KPMG LLP, appeared before the Committee via electronic connection to speak to Report IT 01-24. With the aid of a PowerPoint presentation, Ms. Lang provided an overview of the IT Capability Assessment summarizing the IT Division’s growth over the last 20 years and discussed recommendations for moving forward. Ms. Lang discussed the purpose of the IT Capability Study and Digital Strategy, noting the current IT capabilities were insufficient to support future demands. She outlined the Workforce Model Development and summarized the engagement process employed to develop the Workforce Models. Ms. Lang shared the results of the IT Capability Study, suggesting that an additional five full-time employees would be required in 2025 to address overtime and backlog and an additional five full-time employees by 2027 to accommodate growth. Ms. Lang provided the results of a peer analysis which included 7 similar municipalities. Ms. Lang highlighted the risks of maintaining the current status quo and concluded by speaking to future considerations. A question and answer period ensued between Members of the Committee, Janine Lang, and staff regarding: •clarification of when the data for this study was compiled; - 41 - Executive Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson •whether there would be software changes or added systems toaccommodate growth; •clarification that public engagement was not employed to inform the IT Capability Study; •whether there were subject matter experts on staff rather than hiringconsultants; •clarification of questions brought forward by a delegate concerning the ITCapability Assessment, the Digital Strategy, and the GIS Strategy reportsbeing in alignment with the principals of 15 Minute and/or Smart Cities; •clarification of questions brought forward by a delegate concerning Pickering becoming a Smart City; and, •whether the recommended staffing levels were similar to comparativemunicipalities. Recommendation: Moved by Councillor Pickles Seconded by Councillor Butt 1.That Council endorse the IT Capability Assessment dated June 10, 2024set out in Attachment 1; 2.That staff be directed to incorporate the recommendations of the ITCapability Assessment into future planning and budgeting processes for the City of Pickering; and, 3. That appropriate City officials be authorized to take the actions necessaryto implement the Recommendations in this report. Carried Unanimously on a Recorded Vote 4.2 Director, Community Services, Report CS 15-24 Draft Recreation & Parks – Ten Year Plan and Arena Strategy Steve Langlois, Principal Planner, Monteith Brown Planning Consultants, appeared before the Committee to speak to the Draft Recreation & Parks – Ten Year Plan and Arena Strategy. With the aid of a PowerPoint presentation, Mr. Langlois provided an overview of the Recreation & Parks Ten-Year Plan, noting the last Recreation & Parks Master Plan was approved by Council in 2018. He provided a summary of the scope of the Plan including indoor recreation facilities, outdoor recreation amenities, parkland, and recreation services. He discussed long-term plans being vital to the City and highlighted the ways in which the Plan would support community needs. Mr. Langlois noted how Recreation and Parks - 42 - Executive Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson were fundamental services and provided several areas of focus for consideration for the Plan. He identified that the Plan was built based on the unique demographics of the City of Pickering and provided that the plan was informed through extensive community engagement and noted the key messages that were identified. Mr. Langlois provided an overview of the Strategic Framework discussing the vision and core principles. Mr. Langlois summarized each of the previously identified priorities being indoor recreation facilities, arena strategy, outdoor recreation and parks facilities, parkland, and recreation services. Mr. Langlois concluded by providing an overview of next steps prior to presenting the Recreation & Parks – Ten Year Plan to Council in September 2024 for approval. A question and answer period ensued between Members of the Committee, Steve Langlois and staff regarding: •elaborating on the term “and more” in reference to the needs assessment summary of outdoor recreation and park facilities; •clarification of the recommended action concerning the Dunbarton IndoorPool; •clarification of the survey results collected through public engagementconcerning the racquet ball and squash courts; •clarification of the projected community demand and usage for the Don Beer Arena considering population growth and concerns regarding the recommendation to replace three ice pads with two; •whether community engagement would include future residents in additionto current residents; •clarification of the number of cricket pitches being planned; •clarification of the covered multi-use pad being recommended forClaremont Memorial Park; •the rationale for reducing the number of Community Halls; •providing an estimate of the cost of building an ice manufacturing plant forthe multi-use pad recommended for Claremont Memorial Park; •clarification of when the Arena studies were done and consideration of therecent pandemic and whether the study results were premature; •clarification that the community schools and swim clubs were consulted in providing the recommendations for Dunbarton Indoor Pool; •whether the racquet ball courts could be repurposed for basketball; •clarification of section 1.2.2 of the Report referring to repurposing of selected surplus ball diamonds in south Pickering; •clarification of section 1.2.3 in reference to the impact of Bill 23; •whether the operational differences between the City Centre Park and the Seaton area were being considered; - 43 - Executive Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson •whether the Claremont Parks Master Plan was considered in the Parks &Recreation - Ten-Year Plan; •clarification of the timeline for the relocation of the children’s playground in Claremont Memorial Park, including the removal of the existing rink pad/boards; •whether Wi-Fi would be available in City Facilities and Parks; •the rationale of why smaller Community Halls were being underutilized andwhether rental rates could be lowered; and, •whether residents were consulted and would be willing or able to traveloutside of Pickering to use various facilities and clarification that leisure swimming and recreational facilities would continue to be available to Pickering residents within Pickering. Recommendation: Moved by Councillor Pickles Seconded by Councillor Cook 1.That Council receive the draft Recreation & Parks – Ten Year Plan, as setout in Attachment 1, for information; 2.That Council endorse the Arena Strategy, as set out in Attachment 2; and, 3.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried on a Recorded Vote as Follows: Yes: No: Councillor Brenner Councillor Robinson Councillor Butt Councillor Cook Councillor Pickles Mayor Ashe 4.3 Chief Administrative Officer, Report CAO 04-24 Advertising Standards Policy Recommendation: 1.That Council approve the Advertising Standards Policy as set out inAttachment 1 to this Report; and, 2.That the appropriate officials of the City of Pickering be authorized to - 44 - Executive Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson take the necessary actions as indicated in this report. Note: The disposition of this matter was determined through the following referral motion. Moved by Mayor Ashe Seconded by Councillor Brenner That Item 4.3, Report CAO 04-24, be referred to the June 24, 2024 Council Meeting for direction. Carried on a Recorded Vote as Follows: Yes: No: Councillor Brenner Councillor Robinson Councillor Butt Councillor Cook Councillor Pickles Mayor Ashe 4.4 Director, Community Services, Report CS 14-24 2024 Community Events Request to Permit Esplanade Park Recommendation: Moved by Mayor Ashe Seconded by Councillor Pickles 1.That Council authorize staff to issue a park permit for the use of Esplanade Park by Jennifer O'Connell, MP Pickering-Uxbridge on Friday, July 19,2024, for the purpose of hosting a free movie in the park to the generalpublic, subject to terms and conditions satisfactory to the Director,Community Services and the Chief Administrative Officer; and, 2.That the appropriate officials of the City of Pickering be authorized to takethe necessary action to give effect hereto. Carried 4.5 Director, Community Services, Report CS 16-24 Recommendation for a West Shore Community Safety Zone Community Safety & Well-Being Advisory Committee - 45 - Executive Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson Recommendation: 1.That Report CS 16-24 regarding Community Safety & Well-Being AdvisoryCommittee recommendation to designate West Shore Boulevard as a Community Safety Zone and to decrease the speed limit from West ShoreBoulevard, south from Surf Avenue, up to and including BeachpointPromenade be received; 2.That the request to designate West Shore Boulevard as a Community Safety Zone and to decrease the speed limit as noted above be referred tothe Director, Engineering Services for investigation, and to report back inQ3 2024; and, 3.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Note: The disposition of this matter was determined through the following referral motion. Moved by Mayor Ashe Seconded by Councillor Brenner That Item 4.5, Report CS 16-24, be referred to the June 24, 2024 Council Meeting for direction. Carried on a Recorded Vote as Follows: Yes: No: Councillor Brenner Councillor Robinson Councillor Butt Councillor Cook Councillor Pickles Mayor Ashe 4.6 Director, Community Services, Report CS 17-24 Recognition of Paul White Recommendation: 1.That Report CS 17-24, regarding the recognition of Paul White’scontribution to the community, be received; - 46 - Executive Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson 2.That the Mayor be requested to include funding in the amount of $10,000 inthe City’s 2025 Current Budget to enable staff to undertake a public artinstallation, to be selected pursuant to Public Art Policy CUL130 andfunded from the Public Art Reserve; and, 3.That the appropriate City of Pickering officials be authorized to take thenecessary actions as indicated in this report. Note: The disposition of this matter was determined through the following referral motion. Moved by Mayor Ashe Seconded by Councillor Brenner That Item 4.6, Report CS 17-24, be referred to the June 24, 2024 Council Meeting for direction. Carried on a Recorded Vote as Follows: Yes: No: Councillor Brenner Councillor Robinson Councillor Butt Councillor Cook Councillor Pickles Mayor Ashe 4.7 Director, Community Services, Report CS 18-24 Sigrid Squire Commemoration in Bicentennial Garden Recommendation: 1.That Report CS 18-24, regarding Sigrid Squire Commemoration inBicentennial Garden, be received; 2.That the Mayor be requested to include funding in the amount of $10,000 in the City’s 2025 Current Budget to enable staff to undertake aCommemorative Public Art Installation, to be funded from the Public ArtReserve; and, 3.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Note: The disposition of this matter was - 47 - Executive Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson determined through the following referral motion. Moved by Mayor Ashe Seconded by Councillor Brenner That Item 4.7, Report CS 18-24, be referred to the June 24, 2024 Council Meeting for direction. Carried on a Recorded Vote as Follows: Yes: No: Councillor Brenner Councillor Robinson Councillor Butt Councillor Cook Councillor Pickles Mayor Ashe 4.8 Director, Economic Development & Strategic Projects, Report ECD 02-24 Family Physician Recruitment Program Recommendation: Moved by Mayor Ashe Seconded by Councillor Pickles 1.That Council approve the Memorandum of Understanding (Attachment 2)among the City of Pickering, the Regional Municipality of Durham and allDurham local area municipalities to fund, create, and deliver a familyphysician recruitment program in Durham, dated May 2024; 2.That the Mayor and the City Clerk be authorized to execute theMemorandum of Understanding; and, 3.That the appropriate City of Pickering officials be authorized to take thenecessary actions as indicated in this report. Carried 4.9 Director, Engineering Services, Report ENG 08-24 Amendments to the Traffic and Parking By-law 6604/05 Proposed Parking Restrictions on Various Streets Recommendation: - 48 - Executive Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson 1.That the attached draft by-law be enacted to amend Schedule “2”, NoParking to By-law 6604/05 to provide for the regulation of parkingrestrictions on highways or parts of highways under the jurisdiction of TheCorporation of the City of Pickering; and, 2.That the appropriate officials of the City of Pickering be authorized to takethe necessary actions as indicated in this report. Note: The disposition of this matter was determined through the following referral motion. Moved by Mayor Ashe Seconded by Councillor Brenner That Item 4.9, Report ENG 08-24, be referred to the June 24, 2024 Council Meeting for direction. Carried on a Recorded Vote as Follows: Yes: No: Councillor Brenner Councillor Robinson Councillor Butt Councillor Cook Councillor Pickles Mayor Ashe 4.10 Director, Engineering Services, Report ENG 10-24 Weed Harvesting in Frenchman’s Bay -Waterfront Visionary Advisory Committee Recommendation: That the recommendation from the Waterfront Visionary Advisory Committee for Council to reconsider the funding for a second cut of weeds in Frenchman’s Bay be received for information. Note: The disposition of this matter was determined through the following referral motion. Moved by Mayor Ashe Seconded by Councillor Brenner - 49 - Executive Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson That Item 4.10, Report ENG 10-24, be referred to the June 24, 2024 Council Meeting for direction. Carried on a Recorded Vote as Follows: Yes: No: Councillor Brenner Councillor Robinson Councillor Butt Councillor Cook Councillor Pickles Mayor Ashe 4.11 Director, Engineering Services, Report ENG 11-24 Fiddlers Court Parking Restrictions Recommendation: Moved by Mayor Ashe Seconded by Councillor Pickles 1.That the attached draft by-law be enacted to amend Schedule “2”, NoParking of Traffic and Parking By-law 6604/05 to provide for the regulationof parking restrictions on highways or parts of highways under thejurisdiction of The Corporation of the City of Pickering. The amendmentsspecifically provide for parking restrictions on Fiddlers Court; and, 2.That the appropriate officials of the City of Pickering be authorized to takethe necessary actions as indicated in this report. Carried 4.12 Director, Engineering Services, Report ENG 12-24 Diana, Princess of Wales Park Dedicated Outdoor Pickleball Facility Recommendation: Moved by Mayor Ashe Seconded by Councillor Pickles That Report ENG 12-24 providing an update regarding negotiations with Hydro One Networks Inc. for a dedicated outdoor pickleball facility in Diana, Princess of Wales Park be received for information. - 50 - Executive Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson Carried 4.13 Director, Operations, Report OPS 11-24 Supply & Delivery of Nine Midsize SUVs Quotation No. Q2024-18 Recommendation: 1.That Request for Quotation No. Q2024-18 submitted by Marigold Ford Lincoln Sales Ltd., in the amount of $312,039.00 (HST excluded) beaccepted; 2.That the total gross project cost of $352,604.00 (HST included), and thetotal net project cost of $317,531.00 (net of HST rebate) be approved; 3.That Council authorize the Director, Finance & Treasurer to finance thetotal net project cost of $317,531.00 from the Vehicle ReplacementReserve as approved in the 2024 Capital Budget; and, 4.That the appropriate officials of the City of Pickering be authorized to takethe necessary actions as indicated in this report. Note: The disposition of this matter was determined through the following referral motion. Moved by Mayor Ashe Seconded by Councillor Brenner That Item 4.13, Report OPS 11-24, be referred to the June 24, 2024 Council Meeting for direction. Carried on a Recorded Vote as Follows: Yes: No: Councillor Brenner Councillor Robinson Councillor Butt Councillor Cook Councillor Pickles Mayor Ashe 4.14 Director, Operations, Report OPS 12-24 Consulting Services for the Seaton Community Centre & Library - 51 - Executive Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson -RFP2024-7 Recommendation: 1.That Request for Proposal No. RFP2024-7 for Consulting Services for the Seaton Community Centre & Library as submitted by Perkins + Will CanadaInc. in the amount of $7,150,000.00 (HST excluded) be received; 2.That the total gross project cost of $10,017,450.00 (HST included), and thetotal net project cost of $9,021,024.00 (net of HST rebate) be approved; 3.That the Director, Finance & Treasurer be authorized to finance the netproject cost of $9,021,024.00 as approved in the 2020, 2021 and 2024Capital Budgets and funded as follows: a)The sum of $6,898,430.00 from the DC - Parks & Recreation ReserveFund; b)The sum of $225,526.00 from the Seaton Land Group FIA; c)The sum of $1,897,068.00 from the DC - Library Reserve Fund; 4.The Council direct the Chief Administrative Officer to provide operationaland financial project updates based on the following schedule: December2024, June 2025 and every six months thereafter until Substantial Performance of the project; 5.That staff be directed to proceed with the recommendations of theRecreation and Parks 10-Year Plan and Arena Strategy as the basis ofdesign and amenities to be included in the Seaton Community Centre & Library; and, 6.That the appropriate officials of the City of Pickering be authorized to takethe necessary actions as indicated in the report. Note: The disposition of this matter was determined through the following referral motion. Moved by Mayor Ashe Seconded by Councillor Brenner That Item 4.14, Report OPS 12-24, be referred to the June 24, 2024 Council Meeting for direction. - 52 - Executive Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson Carried on a Recorded Vote as Follows: Yes: No: Councillor Brenner Councillor Robinson Councillor Butt Councillor Cook Councillor Pickles Mayor Ashe 4.15 Director, City Development & CBO, Report PLN 19-24 Pickering Official Plan Review -Proposal No. RFP2024-6 for Consulting Services for Public Engagement Recommendation: 1.That Request for Proposal No. RFP2024-6 for Consulting Services forPublic Engagement for the City of Pickering Official Plan Review, submittedby Land Use Research Associates, in the amount of $149,905.00(excluding HST), be accepted; 2. That the total gross project cost of $169,392.65 (HST included) and the netproject cost of $152,544.00 (net of HST rebate), be approved; 3.That Council authorize the Director, Finance & Treasurer to finance the netproject cost of $152,544.00 as approved in the 2024 Current Budget as follows: a)The sum of $68,645.00 to be funded by a transfer from theDevelopment Charge Reserve Fund – Growth Related Studies; b)The sum of $83,899.00 to be funded from Property Taxes; and, 4.That the appropriate officials of the City of Pickering be authorized to takesuch actions as necessary to give effect to this report. Note: The disposition of this matter was determined through the following referral motion. Moved by Mayor Ashe Seconded by Councillor Brenner That Item 4.15, Report PLN 19-24, be referred to the June 24, 2024 Council Meeting for direction. - 53 - Executive Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson Carried on a Recorded Vote as Follows: Yes: No: Councillor Brenner Councillor Robinson Councillor Butt Councillor Cook Councillor Pickles Mayor Ashe 4.16 Director, City Development & CBO, Report PLN 20-24 Authorization to Execute a Memorandum of Understanding -Pre-Approval of Design Drawings for Detached Additional Dwelling Units-OPA 23-002P Recommendation: 1.That the Mayor and City Clerk be authorized to enter into a Memorandumof Understanding between the City of Pickering and the Town of Whitby, asset out in Attachment 1 to this report, for the sharing of resources to enablethe preparation of pre-approved design drawings for detached Additional Dwelling Units, subject to minor revisions as may be required by theDirector, Corporate Services & City Solicitor, the Director, CityDevelopment & CBO, and the Chief Administrative Officer; and, 2.That appropriate officials of the City of Pickering be authorized to take such action as is necessary to give effect to the recommendations in this report. Note: The disposition of this matter was determined through the following referral motion. Moved by Mayor Ashe Seconded by Councillor Brenner That Item 4.16, Report PLN 20-24, be referred to the June 24, 2024 Council Meeting for direction. Carried on a Recorded Vote as Follows: Yes: No: Councillor Brenner Councillor Robinson Councillor Butt Councillor Cook Councillor Pickles - 54 - Executive Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson Mayor Ashe 4.17 Director, City Development & CBO, Report SUS 06-24 Enhanced Blue Box and Green Bin Availability Recommendation: Moved by Mayor Ashe Seconded by Councillor Pickles That Report SUS 06-24, providing an update on Enhanced Blue Box and Green Bin Availability, be received for information. Carried 4.18 Director, City Development & CBO, Report SUS 07-24 Licence Extension with Infrastructure Ontario for Duffin Heights Plantings Recommendation: Moved by Mayor Ashe Seconded by Councillor Pickles 1.That the Mayor and City Clerk be authorized to execute a Licence Extension and Amending Agreement with Ontario Infrastructure and LandsCorporation as set out in Attachment 1 to this report, subject to minorrevisions as may be required by the Director, Corporate Services & CitySolicitor, and/or Chief Administrative Officer; and, 2.That the appropriate officials of the City of Pickering be authorized to takethe necessary actions as indicated in this report. Carried 4.19 Director, City Development & CBO, Report SUS 08-24 2023 Sustainable Year-in-Review Recommendation: That Report SUS 08-24, regarding the release of the 2023 Sustainable Pickering Year-in-Review, be received for information. - 55 - Executive Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson Note: The disposition of this matter was determined through the following referral motion. Moved by Mayor Ashe Seconded by Councillor Brenner That Item 4.19, Report SUS 08-24, be referred to the June 24, 2024 Council Meeting for direction. Carried on a Recorded Vote as Follows: Yes: No: Councillor Brenner Councillor Robinson Councillor Butt Councillor Cook Councillor Pickles Mayor Ashe 5.Member Updates on Committees There were no updates from Members on Committees. 6.Other Business There was no other business. 7.Adjournment Moved by Councillor CookSeconded by Councillor Butt That the meeting be adjourned. Carried The meeting adjourned at 6:09 p.m. - 56 - Planning & Development Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Brenner Present: Mayor Kevin Ashe Councillors: M. Brenner S. Butt L. Cook D. Pickles L. Robinson Absent M. Nagy Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO C. Rose -Chief Planner D. Jacobs -Manager, Policy & Geomatics N. Surti -Division Head, Development Review & Urban Design C. Morrison -Principal Planner, Development Review E. Game -Senior Planner, Heritage C. Redmond -(Acting) Deputy Clerk J. Currie -Legislative Coordinator 1.Call to Order/Roll Call The Deputy Clerk certified that all Members of Council were present save and exceptCouncillor Nagy and noted that all Members were participating in-person, save and except Councillor Pickles, who was participating electronically. Councillor Brenner, Chair, read a statement to the gallery that in accordance with theCity’s Procedure By-law, meeting attendees may not record any portion of the meetingand may not take photographs unless they have been granted permission by Two-Thirds majority of Committee. 2.Disclosure of Interest No disclosures of interest were noted. - 57 - Planning & Development Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Brenner 3.Delegations 3.1 Brian Moss, Brian Moss & Associated Ltd.Re: Report PLN 21-24 Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision SP-2023-01 Draft Plan of Condominium CP-2023-02 Liverpool Road Limited Partnership (607 & 609 Annland Street, 640 Liverpool Road & 1276, 1280, 1288, 1290, 1292 & 1294 Wharf Street) Brian Moss, Brian Moss & Associates Ltd, appeared before the Committee representing Liverpool Road Limited Partnership, to speak to Report PLN 21-24. Mr. Moss advised that amendments were made to the plan after community consultation and work with staff. Mr. Moss stated that he agreed with all recommendations included in the Report except the recommendation to enlarge the private open space, publicly accessible at the northwest corner of Liverpool Road and Wharf Street. Mr. Moss referred to a handout that he provided to Committee prior to the meeting that outlined plans for compressed outdoor space, including features to commemorate the Avis Residence. 3.2 Shea Lasky, Property Owner Re: Report PLN 16-24 Bill 23: Provincial Legislation Changes to the Ontario Heritage Act and Priority Properties for Designation -1027-1031 Dunbarton Road Shea Lasky, Property Owner, appeared before the Committee via electronic connection to speak to Report PLN 16-24. Mr. Lasky stated that he was opposed to the designation of 1027-1031 Dunbarton Road as a Heritage Property. Mr. Lasky noted that the restrictions of the heritage designation would cause financial hardship and remove his ability to decide the property’s fate. He spoke to his concerns with the minor variance process and the need to restart the heritage impact assessment process should the property be designated, further delaying his construction plans. In conclusion, Mr. Lasky urged the Committee to vote against the Heritage Designation, his willingness to respect the original heritage and design of the building in future renovations, and that he would continue collaborating with City staff. 3.3 Vanessa Hicks, Associate, MHBC Planning Re: Report PLN 18-24 - 58 - Planning & Development Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Brenner Bill 23: Priority Properties for Designation -401 Kingston Road and 1 Evelyn Avenue Vanessa Hicks, Associate, MHBC Planning, appeared before the Committee via electronic connection to speak to Report PLN 18-24. Ms. Hicks stated that she was a Heritage Planner and had worked with the property owner and was in agreement with the staff recommendations to not designate 401 Kingston Road and 1 Evelyn Avenue and to approve the removal of the properties from the City of Pickering Municipal Heritage Register. A brief question and answer period ensued between Members of the Committee and Ms. Hicks regarding whether the property owners were developers. 3.4 Brian Hawke, Property Owner Scott Magder, Property Owner Re: Report PLN 18-24 Bill 23: Priority Properties for Designation -401 Kingston Road and 1 Evelyn Avenue Brian Hawke, Property Owner, and Scott Magder, Property Owner, appeared before the Committee to speak to Report PLN 18-24. Mr. Hawke stated that he and Mr. Magder owned the property at 1 Evelyn Avenue and were in support of the staff recommendations to not designate 401 Kingston Road and 1 Evelyn Avenue and to the removal of the properties from the City of Pickering Municipal Heritage Register. A brief question and answer period ensued between Members of the Committee and Mr. Hawke confirming that they were not developers. 3.5 Jeff O’Donnell, Pickering Resident Re: Report PLN 21-24 Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision SP-2023-01 Draft Plan of Condominium CP-2023-02 Liverpool Road Limited Partnership (607 & 609 Annland Street, 640 Liverpool Road & 1276, 1280, 1288, 1290, 1292 & 1294 Wharf Street) Jeff O’Donnell appeared before the Committee to speak to Report PLN 21-21. Mr. O’Donnell noted the need for Frenchman’s Bay and the Nautical Village to be treated with care and respect. Mr. O’Donnell discussed keeping the density of - 59 - Planning & Development Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Brenner Frenchman’s Bay and Nautical Village at low density to allow for open, green, and inviting space. He described the current proposal as generic, and noted his concerns regarding the proposed parking solutions. Mr. O’Donnell noted that the proposal lacked green space and suggested more public access to private green spaces. He also noted concerns regarding privacy issues with homes being built close to the roads that had balconies overlooking neighbours. 3.6 Frances Scott, Pickering Resident Re: Report PLN 21-24 Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision SP-2023-01 Draft Plan of Condominium CP-2023-02 Liverpool Road Limited Partnership (607 & 609 Annland Street, 640 Liverpool Road & 1276, 1280, 1288, 1290, 1292 & 1294 Wharf Street) Frances Scott appeared before the Committee to speak to Report PLN 21-24. Ms. Scott expressed concerns regarding increased traffic congestion on Liverpool and Bayly Street. She noted that an additional 51 homes could potentially add over 100 cars parking and driving in the area. 3.7 Cassandra Schilling, Pickering Resident Re: Report PLN 21-24 Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision SP-2023-01 Draft Plan of Condominium CP-2023-02 Liverpool Road Limited Partnership (607 & 609 Annland Street, 640 Liverpool Road & 1276, 1280, 1288, 1290, 1292 & 1294 Wharf Street) Cassandra Schilling appeared before the Committee to speak to Report PLN 21-24.Ms. Schilling identified her biggest concern as safety. She noted issues withspeeding and distracted driving due to lack of parking availability as well as there being no bike lanes or crosswalks. Ms. Schilling raised further concerns regarding Emergency Medical Services access and response times. She noted that the Cityappeared to be prioritizing development over citizens safety. Ms. Schillingdiscussed the traffic studies having been completed two years ago, and afterconducting her own study, stated the results were no longer accurate. Ms. Schilling noted that the one proposed designated Accessible Parking spot was insufficient. Ms. Schilling discussed the City’s free bus program, noting that as it - 60 - Planning & Development Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Brenner had not been tested, there was no guarantee of its success. Ms. Schilling concluded by summarizing her concerns regarding health for residents, wildlife, and the environment and noted that the developers did not appear to be willing to work with residents in the area. 4.Planning & Development Reports 4.1 Director, City Development & CBO, Report PLN 15-24Part IV Designation under the Ontario Heritage Act The Percy House - 895 Wonder Drive (formerly 815 Highway 7) Recommendation: Moved by Councillor Pickles Seconded by Councillor Butt 1.That Council endorse the recommendations of the Heritage Pickering Advisory Committee, dated September 7, 2022, to designate 895 WonderDrive (formerly 815 Highway 7) under Section 29, Part IV of the Ontario Heritage Act; 2.That Council direct staff to serve a Notice of Intention to Designate the property located at 895 Wonder Drive, known as the Percy House, as aproperty of cultural heritage value or interest, pursuant, to Section 29 of the Ontario Heritage Act, included as Attachments 5 and 6 to Report PLN 15-24; 3.That, should no Notice of Objection be received by the Clerk within 30 days ofthe publication of the Notice of Intention to Designate, the Designation By-law for 895 Wonder Drive, included as Attachment 4 to Report PLN 15-24,be presented to Council for passing, and that staff be directed to carry out the notice requirements as prescribed under Section 29(8) of the Ontario Heritage Act; and, 4.That the appropriate officials of the City of Pickering be authorized to takesuch actions as necessary to give effect to this report. Carried 4.2 Director, City Development & CBO, Report PLN 16-24 Bill 23: Provincial Legislation Changes to the Ontario Heritage Act and Priority Properties for Designation - 61 - Planning & Development Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Brenner 1027-1031 Dunbarton Road Emily Game, Senior Planner, Heritage, provided a brief summary of the staff support of the Heritage designation of the property 1027-1031 Dunbarton Road. Brief discussion ensued between Members of the Committee and staff regarding clarification of the time span given to the property owner to submit and amend their building permit application prior to the Heritage designation recommendation. Recommendation: Moved by Councillor Cook Seconded by Councillor Ashe 1.That Council endorse the recommendations of the Heritage PickeringAdvisory Committee, dated March 27, 2024, to designate 1027-1031 Dunbarton Road under Section 29, Part IV of the Ontario Heritage Act; 2. That Council direct staff to serve a Notice of Intention to Designate theproperty located at 1027-1031 Dunbarton Road, known as the GeorgeFalconer House and Store, as a property of cultural heritage value or interest, pursuant to Section 29 of the Ontario Heritage Act, included as Attachments 5 and 6 to Report PLN 16-24; 3.That, should no Notice of Objection be received by the City Clerk within 30days of the publication of the Notice of Intention to Designate, the Designation By-law for 1027-1031 Dunbarton Road, included as Attachment 4 to Report PLN 16-24, be presented to Council for passing,and that staff be directed to carry out the notice requirements as prescribedunder Section 29(8) of the Ontario Heritage Act; and, 4.That the appropriate officials of the City of Pickering be authorized to take such actions as necessary to give effect to this report. Lost on a Recorded Vote as Follows: Yes: No: Councillor Brenner Councillor Butt Councillor Cook Councillor Pickles Councillor Robinson Mayor Ashe - 62 - Planning & Development Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Brenner 4.3 Director, City Development & CBO, Report PLN 18-24 Bill 23: Priority Properties for Designation 401 Kingston Road and 1 Evelyn Avenue Recommendation: Moved by Councillor Pickles Seconded by Councillor Cook 1.That Council endorse the recommendations of the Heritage Pickering Advisory Committee, dated April 24, 2024, not to designate 401 Kingston Road and 1 Evelyn Avenue under Section 29, Part IV of the Ontario Heritage Act; 2.That Council approve the removal of the properties at 401 Kingston Road and 1 Evelyn Avenue from the City of Pickering Municipal Heritage Register; and, 3.That the appropriate officials of the City of Pickering be authorized to takesuch actions as necessary to give effect to this report. Carried 4.4 Director, City Development & CBO, Report PLN 21-24 Official Plan Amendment Application OPA 23-001/P Zoning By-law Amendment Application A 02/23 Draft Plan of Subdivision SP-2023-01 Draft Plan of Condominium CP-2023-02 Liverpool Road Limited Partnership (607 & 609 Annland Street, 640 Liverpool Road & 1276, 1280, 1288, 1290, 1292 & 1294 Wharf Street) Nilesh Surti, Division Head, Development Review & Urban Design, appeared before the Committee and spoke to concerns raised regarding the density of the development, overall site design, traffic, parking, and public access to outdoor spaces. Mr. Surti noted that staff concurred with the findings of the Transportation Brief prepared by Dillon Consulting that was provided by the Liverpool Road Limited Partnership. A question and answer period ensued between Members of the Committee and staff regarding: •whether the traffic study was conducted by a reputable firm; - 63 - Planning & Development Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Brenner •clarification of the standard number of parking spots to comply with City By-laws; •clarification of the Heritage designation of the Avis House and the inclusion of a commemorative space; •clarification of what stage the development was at in the approval processand whether Council would have further opportunity to comment ondetailed site plans; •clarification that the set back of the new townhomes would be further backthan existing Nautical Village homes; •clarification that decisions related to access and improvements to Highway 401 resides with MTO and whether MTO was aware of the projected growth in Pickering; •clarification of who paid for the traffic study done by Dillon Consulting; •whether all Site Plans go to the Pickering Accessibility Advisory Committee for review; and, •whether the site plan application could be sent to the Waterfront VisionaryAdvisory Committee. Recommendation: Moved by Mayor Ashe Seconded by Councillor Robinson 1.That Official Plan Amendment Application OPA 23-001/P, submitted by Liverpool Road Limited Partnership, to re-designate the lands located onthe southwest corner of Liverpool Road and Annland Street from “UrbanResidential Areas – Low Density Areas” and “Open Space System –Marina Areas” to “Urban Residential Areas – Medium Density Areas” tofacilitate a residential common element condominium development be approved, and that the draft by-law to adopt Amendment 51 to thePickering Official Plan as set out in Appendix I to Report PLN 21-24 beforwarded to Council for enactment; 2.That Zoning By-law Amendment Application A 02/23, submitted by Liverpool Road Limited Partnership, to facilitate a residential commonelement condominium development consisting of a maximum of 51townhouse units, 10 of which will contain commercial floorspace at-gradefronting Liverpool Road, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix II to Report PLN 21-24, be finalized and forwarded to Council for enactment; and, - 64 - Planning & Development Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Brenner 3.That Draft Plan of Subdivision Application SP-2023-01, submitted by Liverpool Road Limited Partnership, to establish a development block tofacilitate a residential condominium development and a block for commonamenity space, as shown in Attachment 5 to Report PLN 21-24, and theimplementing conditions of approval, as set out in Appendix III, be endorsed. Carried on a Recorded Vote as Follows: Yes: No: Councillor Brenner Councillor Robinson Councillor Butt Councillor Cook Councillor Pickles Mayor Ashe 5.Member Updates on Committees 5.1 There were no Committee updates from Members. 6.Other Business 6.1 Councillor Butt gave Notice that he would be bringing forward a Motion regarding BBQs in City parks. 6.2 Councillor Robinson gave Notice that she would be bringing forward a Motion regarding lowering the qualifying age of seniors to 55 for senior programs at the Chestnut Hills Developments Recreation Centre. 6.3 Councillor Robinson gave Notice that she would be bringing forward a Motion regarding increasing the cash intake limit at recreation facilities in Pickering to match the highest fee paid at the facility. 7.Adjournment Moved by Councillor Robinson Seconded by Councillor Butt That the meeting be adjourned. Carried - 65 - Planning & Development Committee Meeting Minutes June 10, 2024 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Brenner The meeting adjourned at 8:20 p.m. - 66 - 374028 6TH LINE  AMARANTH ON  L9W 0M6 May 16, 2024 Sent Via Email Re:Resolution on Water Testing Services for Private Drinking Water At its regular meeting of Council held on May 15, 2024, the Township of AmaranthCouncil passed the following resolution concerning Water Testing Services for PrivateDrinking Water. Resolution #: 5 Moved by: G. Little Seconded by: A. Stirk BE IT RESOLVED THAT: Whereas the Ontario Auditor General's annual report on public health from December 2023 indicates that Public Health Ontario is proposing the phasing-out of free provincial water testing services for private drinking water; and Whereas free private drinking water testing services has played a pivotal role in safeguarding public health, particularly in rural communities, including the entire Township of Amaranth, that rely predominantly on private drinking water; and Whereas the removal of free private drinking water testing could lead to a reduction in testing, potentially increasing the risk of waterborne diseases in these vulnerable populations; and Whereas the tragic events in Walkerton, Ontario underscored the critical importance of safe drinking water. Now Therefore Be It Resolved that The Township of Amaranth hereby requests that the Province reconsider and ultimately decide against the proposed phasing- out of free private drinking water testing services. Further Be It Resolved that this resolution be sent to all Ontario municipalities, Minister of Environment Conservation and Parks, Minister of Health, Wellington Dufferin Guelph Public Health Unit, and MPP Sylvia Jones. CARRIED Corr. 18-24 - 67 - TOWNSHIP OF AMARANTH 519-941-1007 519-941-1802 AMARANTH.CA Please do not hesitate to contact the office if you require any further information on this matter. Yours truly, Nicole Martin, Dipl. M.A. CAO/Clerk CC: Minister of the Environment, Conservation and Parks Minister of Health Wellington Dufferin Public Health Unit MPP Sylvia Jones All Ontario Municipalities - 68 - Memo To:Mayor Ashe May 10, 2024 Members of Council From:Stephen BoydFire Chief Copy:Chief Administrative Officer Subject:Gems for Gems Hope’s Cradle Safe Surrender Program -Project Update File: A-1440-001-24 The purpose of this memo is to inform Mayor Ashe and Council of recent developments thatimpact the proposed installation of the Hope’s Cradle infant surrender unit at Pickering FireStation 2. Background: At the Executive Committee Meeting of March 6, 2023, Lynn Jeffs presented as a delegate advocating for the Hopes Cradle Safe Surrender System to be incorporated into Fire Hall 2. Atthe same meeting, under Item 5.1 staff were directed to: “That the Fire Chief be directed to work with Lynn Jeffs regarding participation in the Hope'sCradle Safe Baby Surrender Program as part of the Fire Station No. 2 renovation andreport back to Council at the March 27th Council Meeting with the program particulars and request for funds to be included in the 2023 budget.” At the Council Meeting of March 27, 2024, Council considered Report FIR 03-23 and passed theResolution #133/23 which reads: 1.That Report FIR 03-23 regarding the installation of a Hopes Cradle safe infant surrendershelter be received; 2.That 2023 Capital pre-budget be established for the estimated installation costs of theHopes Cradle in the amount of $25,000.00 (net of HST rebate) to be funded from theCasino Reserve; 3.That the ongoing remote monitoring costs of $30.00 (HST excluded) per month beincluded in the annual Current Budget; and, 4.That the appropriate officials of the City of Pickering be authorized to take thenecessary actions as indicated in this report. CAO 40-24 Corr. 19-24 - 69 - May 10, 2024 Page 2 of 2 Gems for Gems Hope’s Cradle Safe Surrender Program Municipality of Clarington: Around the same time as Council’s approval of Report FIR 03-23, the Municipality of Claringtonwas in the process of installing an identical project for Gems for Gems in one of their fire halls which had been previously approved by their Council. Once the installation was complete, the Clarington Fire Chief began the process of developing policies and procedures for how the infantsurrender would operate. This included consultation with community stakeholders (DRPS,Durham EMS, CAS, and Lakeridge Hospital) to develop memorandum of understandings to defineroles for who would play a part in the transport, safety, and assessment of an infant should it be surrendered to the unit. Further to the stakeholder consultation, the Clarington Fire Chief received separate letters fromthe Police Chief of Durham Regional Police (DRPS) as well as the Executive Director of DurhamChildrens Aid Society (DCAS), both expressing their legal concerns with respect o the infantsurrender unit, and their inability to agree to an MOU with the Municipality of Clarington. A final report was presented to Clarington Council General Government Committee on March 4, 2024, indicating that, based on the formal feedback recently received from Durham Children’s Aid Society and Durham Regional Police Services, the Hope’s Cradle Safe Surrender Site no longer be pursued. The report recommended that Clarington Council not proceed with the Cradle’s operation. It was further recommended that the Municipality of Clarington provide a letter of support to Gems for Gems to assist in their pursuit at the provincial level for this initiative. Pickering Project Status Update: Since that time, I have received the attached letters from these two stakeholders (DRPS andCAS) expressing identical concerns with the proposed Pickering project. As a result of the position of DRPS and Durham CAS not to enter an MOU with the City of Pickering on this matter, City staff will be taking no further action at this time. SB:jm - 70 - Steve Boyd April 18, 2024Fire Chief Pickering Fire ServicesCity of Pickeringsboyd@pickering.ca Re: Hope’s Cradle Since learning about the Hope’s Cradle initiative being brought forward to municipal councils, we have had many conversations with stakeholders and have expressed our concerns with respect to our role and obligation as a police service. In reviewing the proposal and in conducting our own research, we do not see a needs’ assessment or any data that would suggest this is needed here in Durham Region at this time. As we do not recall such a case in Durham, we reached out to the Solicitor General’s office who confirmed these incidents of live abandonment are highly rare and looking at data from 2012 on, there is no record of a child abandonment including stillbirth/neonatal death cases here in Durham. I understand and appreciate that this project comes from a desire to protect and avoid tragedies, but it appears we are creating the problem by implementing this solution. The promise of anonymity and building a structure that supports that promise, negatively impacts our ability to investigate. While the report mentions involvement by Children’s Aid Societies and DRPS if there are obvious signs of abuse, it doesn’t address challenges such as coercion or abduction which would be very difficult to investigate through this process. It's crucial to highlight that the model of anonymous surrender of infants has not been tested by the Courts in Canada. As there are no Safe Haven laws in Canada, it operates on the assumption that providing a safe drop box for anonymously surrendering a child circumvents the Criminal Code, which explicitly states the consequences of unlawfully abandoning or exposing a child under the age of ten. While the legal assumption is plausible, there is no documented legal case or formal interpretation specifically addressing these safe surrender sites. Currently, mothers have the option to surrender their babies at hospitals but not anonymously. This process, involving a warm hand-off, ensures a thorough examination to rule out coercion or extenuating circumstances that may require investigation while providing the mother with essential support and options that could influence this life-altering decision. - 71 - Furthermore, there's an underlying assumption that individuals or mothers who choose to abandon their babies would opt for this safe surrender method instead of other means of abandonment, overlooking the involvement of the second biological parent in the decision- making process. Additionally, there are those in our society who object to this based on openness and transparency for adopted children and the ability to understand their heritage. While we understand that this proposal was brought forward to Pickering Council to endorse the creation of Hope’s Cradle, DRPS at this time can’t endorse the implementation or enter into an MOU regarding when we will and will not investigate. Wishing you all the best. - 72 - 1320 Airport Blvd. Oshawa, Ontario, L1J 0C6 Tel: 905-433-1551 Fax: 905-433-0603 durhamcas@durhamcas.ca durhamcas.ca April 24, 2024 Stephen Boyd (he/him) Fire Chief Pickering Fire Services City of Pickering sboyd@pickering.ca via email only Re: Hope’s Cradle Thank you for inviting Durham Children’s Aid Society (“CAS”) to comment about the Hope’s Cradle. We understand that Gems for Gems is a charity registered with the Canada Revenue Agency and operates out of Calgary, Alberta. They have created the Hope’s Cradle program and describe that the “cradle provides a safe and anonymous surrender of the baby thus protecting its life and the anonymity of the mother. Provided the baby shows no signs of abuse, the anonymity of the mother will be entirely protected.” During our discussions with stakeholders within this initiative, we shared several worries and concerns related to the implementation of this program from a child welfare and social service perspective. We were also informed by Durham Regional Police Services that upon querying the Ontario Office of Chief Coroner, their office was only aware of two instances of infant abandonment in the Province since it started to keep data, where the abandonment occurred in the circumstances that Hope’s Cradle is meant to address. At this time, we have not received any information of how the concerns presented would be mitigated by the program. In addition to our expressed concerns, in Ontario, openness is now a default approach to adoption. Openness requires the personal information of prominent figures in a child’s life or network to be obtained by a CAS. Openness in adoption denotes maintaining some degree of contact between adopted children and youth, their birth families, and other individuals with whom the children or youth have had significant relationships prior to the adoption (for example, a foster family). There are many forms that openness in adoption can take; these forms of contact can vary in terms of the nature, frequency, intensity/emotional impact, duration, and location. The benefits of openness were discussed with the key stakeholders as well. Relinquishment of an infant through Hope’s Cradle may not afford an opportunity for the parent to receive independent advice about their rights and obligations. It may also cause the loss of custodial and access rights of the second biological parent without their consent, let alone court oversight. The Preamble and Purpose of the Child, Youth and Family Services Act, 2017 highlight that services ought to be provided “in a manner that recognizes their cultures, heritages, traditions, connection to their communities, and the concept of the extended family to keep children within their family unit and community, and for children of FNIM heritage, to remain within that - 73 - heritage.” Durham CAS believes that Hope’s Cradle does not afford the time and space for the clinical work to occur to meet this statutory requirement. Hope’s Cradle limitations on accountability may also cause risk that infants may be relinquished without the willful consent of a parent where that parent is a victim of trafficking. This does not accord with the policy considerations behind the creation of the Durham CAS’s CARE (Child at Risk of Sexual Exploitation) Team. To permit infant relinquishment in a manner that addresses these policy considerations, we recommend that you and Hope’s Cradle partner with Adoptions Ontario and the Ontario Association of Children’s Aid Societies. This will permit the development of a process that addresses these policy considerations. Until then, we cannot support this initiative at this time. In the meantime, the Duty to Report provisions from the Child, Youth and Family Services Act, 2017 do require direct reporting by any person with knowledge of a relinquishment to contact the CAS in their jurisdiction. Durham CAS’s Initial Support and Community Connection Team is available 24/7 at 905-433-1551. Please do not hesitate to contact us should an infant be placed within Hope’s Cradle. Sincerely, Steven Woodman Executive Director - 74 - TOWN OF AJAX 65 Harwood Avenue South Ajax ON L1S 3S9 www.ajax.ca _______________________________________________________________________________ The Regional Municipality of Durham Corporate Services Department Legislative Services Division 605 Rossland Road E. Level 1 PO Box 623 Whitby, ON L1N 6A3 clerks@durham.ca Sent by E-Mail May 23, 2024 Re: Mental Health and Suicide Awareness through Operation White Heart The following resolution was passed by Ajax Town Council at its meeting held on May 21, 2024: WHEREAS Operation White Heart is an awareness project focused on promoting conversations about mental health and suicide, utilizing basic landscaping supplies like mulch and white stones to create a white heart; AND WHEREAS more than 500 hearts have been installed across Saint John, New Brunswick and the surrounding area since Gary Brown founded Operation White Heart in 2021, including a 16-foot heart at the Giant Steps Wellness Park; AND WHEREAS according to the Canadian Mental Health Association, 1 in 5 people in Canada will personally experience a mental health problem or illness; AND WHEREAS the Town of Ajax can show support of individuals who are experiencing a mental health problem or illness and those who have lost loved ones to mental illness by implementing an Operation White Heart public art installation in the Town; AND WHEREAS individuals experiencing a mental health crisis in Durham Region can call 9- 1-1 if they require emergency services, or call and text 9-8-8 to access bilingual, trauma- informed, and culturally appropriate mental health and suicide prevention support; NOW THEREFORE BE IT RESOLVED THAT: 1.Recreation and Culture staff, with support from Operations and Environmental Services, design and install a 12-foot white heart and associated signage at Rotary Park by October 31, 2024; Corr. 20-24 - 75 - 2. Unbudgeted funds up to $2,500 be provided using the 2024 Recreation and Culture Operating Budget, as per the Operating Budget Management Policy; 3. Communications and Engagement staff promote the installation on the Town’s social channels and invite residents to implement Project White Heart on their own properties; and 4. A copy of this motion be shared with all lower tier Durham Region Municipalities. CARRIED If you require further information please contact me at 905-619-2529 ext. 3342 or Jason.McWilliam@ajax.ca. Sincerely, Jason McWilliam Manager of Legislative Services/Deputy Clerk Copy: Regional Councillor M. Crawford Councillor L. Bower All Durham Region municipalities - 76 - Memo To:Marisa Carpino June 6, 2024Chief Administrative Officer From:Kyle Bentley Director, City Development & CBO Copy:Director, OperationsDirector, Community ServicesChief Planner Division Head, Operations Services Division Head, Development Review & Urban Design Subject:Brougham Community Hall The purpose of this memo is to provide an update on the Brougham Community Hall, outline LandOver Landings’ efforts to reopen it as a community space, and identify recommended next steps.Brougham Community Hall is owned by the Federal Government and is leased by TransportCanada to the City of Pickering. Background At its meeting held on March 27, 2024, the Heritage Pickering Advisory Committee (HPAC)received a delegation from Land Over Landings’ Chair Alexis Whalen and the Founder of thePickering Township Historical Society, John Sabean. Ms. Whalen and Mr. Sabean advised theCommittee on the risks and costs associated with the Community Centre’s continued closure. At a special HPAC meeting held on April 10, 2024, the Committee passed a motion recommendingthat Pickering Council direct City staff to expedite a meeting with all interested stakeholders, withthe express purpose of formulating a plan for the preservation and continued sustainable use ofBrougham Hall, to maintain this historic property for the benefit of Pickering residents. The following is a summary of details considered for the Brougham Community Hall, also known as the Former Pickering Township Hall, and additional matters for Council’s consideration. The Brougham Community Hall is a Recognized Federal Heritage Building The Former Pickering Township Hall, located at 3545 Mowbray Street (formerly 3545 Brock Road),is a Recognized Federal Heritage Building because of its historical associations and architecturaland environmental values. The Former Pickering Township Hall consists of a one-storey wood frame structure on a stone foundation. The building has a front-gable roof, a symmetrical three- bay façade and large divided-lite windows, with a simple entablature and surround. Located on anarrow site facing Brock Road in the small hamlet of Brougham, the meeting hall has served as an CAO 47-24 Corr. 21-24 - 77 - June 6, 2024 Page 2 of 4 Brougham Community Hall important civic and political space. The Federal designation is confined to the footprint of the building. The property is also listed on the City of Pickering’s Municipal Heritage Register. The City of Pickering leases the building from Transport Canada The City of Pickering entered into a lease agreement with Transport Canada approximately 30 years ago. The lease agreement between the two parties was renewed in 2007. The current lease agreement has expired, and the City of Pickering now leases the building on a month-to-month basis. The building was closed to the public in March 2020, due to the COVID-19 pandemic, and remains closed for rental or public use. The City of Pickering continues to complete regular maintenance on the building’s interior and exterior. Transport Canada indicated that should the City terminate their lease agreement, they would seek another suitable tenant to occupy the building. The City leases the building to the Brougham Recreation Association In 2015, the City of Pickering entered into a five-year written lease agreement with the Brougham Recreation Society (Report CR 04-15). This agreement made them responsible for coordinating facility rentals and performing facility cleaning at Brougham Community Hall. The facility rentals included private functions, special events and meetings. The lease was renewed for the term from July 1, 2020 to June 30, 2025 (Report CS 25-20). However, the building has been closed since 2020, so there has not been any public use of the facility during this lease term. Before 2015, the lease arrangement between the City of Pickering and the Brougham Recreation Society (formerly called Brougham Recreation Association) for Brougham Community Hall was verbal. The building was included in the City of Pickering’s 2024 Facilities Renewal Study The Brougham Community Hall was included in the Facilities Renewal Study (Report OPS 02-24). The Report, which evaluated 23 facilities to determine their viability for long-term retention, was brought forward directly to Council on January 22, 2024. Council endorsed the Report OPS 02-24 in principle, which recommended that the Facilities Renewal Study be considered, along with other municipal priorities, through future annual municipal plans and budget process. The study identified a short-list of facilities as contenders for disposal, renewal, or replacement, and evaluated asset ownership considerations with a long-term view premised on sound asset management principles in alignment with related City Policies and strategic directions. Each facility was assigned a Facility Condition Index (FCI) score, which is calculated as a ratio of the total cost of identified building repairs and renewals (i.e., component replacement) over a defined period (the City uses 5 years) divided by the assets’ total estimated replacement cost. The FCI score breakdown is as follows: - 78 - June 6, 2024 Page 3 of 4 Brougham Community Hall The Brougham Community Hall received an FCI score of 107 percent, meaning that it would cost more to repair than to rebuild. Based on this score alone, it would be appropriate to consider the City terminating their lease on the building due to major structural repair requirements, low utilization rates, lack of accessibility requirements, and high financial risks. Land Over Landings is advocating for the building to be re-opened Alexis Whalen, Chair of Land Over Landings and John Sabean, Founder of the Pickering Township Historical Society delegated at the HPAC meeting held on March 27, 2024. Ms. Whalen and Mr. Sabean spoke about the Brougham Community Hall, noting its historical significance, the building’s current condition, and the lease that the City of Pickering has with Transport Canada. Land Over Landings has requested that the HPAC support their efforts and request a meeting between the City of Pickering staff and all interested stakeholders. The purpose of this meeting would be to formulate a plan for the preservation and continued sustainable use of Brougham Community Hall. Land Over Landings is advocating for the City of Pickering to reopen the Brougham Community Hall as a community space. The City of Pickering Staff have met with Land Over Landings and Transport Canada City staff have met with Transport Canada on numerous occasions over the last seven years to review the building condition and potential future use of the facility. In 2017, the City completed a Building Condition Audit, prepared by Peto MacCallum, that identified a backlog of $240,000.00 (2017 dollars) of maintenance and a further $60,000.00 required over the following five years. Transport Canada completed a roof replacement in 2019 ($80,000.00). Also, in 2019, the City wrote to Transport Canada to express an interest in exploring the potential relocation of the building to the Museum site and requested a financial contribution from Transport Canada. The cost of relocation at that time was estimated at $1.0 million (2019 dollars). At a subsequent meeting, Transport Canada advised the City that they had no funding or access to Federal grants to support the relocation and could only consider a contribution in the order of $60,000.00. In 2019, Transport Canada completed asbestos remediation, at their own cost. In 2023, the City completed a structural Review of the building and found it to be a “fair to poor” structural condition that highlighted the need for additional structural repairs likely within the next five years. This information was shared with Transport Canada In 2023, the City completed an air quality test that discovered the presence of mould spores inside the building, but no mould was present. This information was shared with Transport Canada. - 79 - June 6, 2024 Page 4 of 4 Brougham Community Hall At the last meeting between the City and Transport Canada, it was agreed that Transport Canada would complete their own Building Condition Audits to independently identify and value the deferred maintenance. This is expected to be completed by the end of June. Three options are being considered for the Brougham Community Hall Acknowledging the historical significance and the importance of the building to the community, the City of Pickering is considering the following options: 1. Relocating the building to the Pickering Museum Village. The current estimate for this work including, preparation for transport, the physical move, new foundations and servicing and completion of all deferred maintenance would be in the order of $2.4 million. 2. Repairing all current maintenance issues and reopening the building for public use. This does not include any of the deferred maintenance of approximately $730,000.00 (2024 dollars). The failure of any major component identified in the deferred maintenance could cause the closure of the facility. 3. The City ending its lease and returning the property to Transport Canada. The current estimated cost for this option is in the order of $85,000.00 to meet minimum lease obligations. However, the City will have to negotiate with Transport Canada regarding the value of any deferred maintenance that may be considered the City’s responsibility. Next Steps Additional meetings will be scheduled in the summer of 2024 with Transport Canada and Land Over Landings to discuss options for the Brougham Community Hall. These options will be brought forward to HPAC for their information. After these meetings, the City of Pickering Operations Department will bring the results of their review and a staff recommended option for Brougham Community Hall through a Report to Council in the fall of 2024. EG:nr - 80 - 22521 ISLAND ROAD · PORT PERRY, ON · L9L 1B6 · TEL: 905-985-3337 · FAX: 905-985-8828 · www.scugogfirstnation.com June 10, 2024 The Hon. Minister Calandra Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M7A 2J3 (Sent via Email) Dear Minister Calandra Re: Pickering Mayor’s Request to Revoke O. Reg. 102/72, File: A-1000-002 On behalf of MSIFN Council, I would like to take this opportunity and express our concerns with Pickering Mayor Ashe’s request to revoke O. Reg. 102/72 sent to you on May 17, 2024. First and foremost, it must be noted that the land discussed is part of the Williams Treaty lands. As such, any consideration to use that land for developments of any kind inherently impacts Williams Treaty First Nations, including the MSIFN. Therefore, the Crown is obliged to consult with First Nations under Section 35 of the Constitution Act, 1982. To this day, neither Pickering Council, nor the provincial government have approached us to discuss the proposal that Mayor Ashe outlined in his letter to you. Mayor Ashe did not raise the issue up in a meeting between him and MSIFN Council earlier in May. This was a meeting sought out by MSIFN to establish rapport and a productive working relationship between Pickering Council and MSIFN. We are hopeful that you will consider the Duty to Consult as you review the mayor’s request and remain open to discussing the matter with you. Sincerely, Chief Kelly LaRocca CC: Mayor Ashe Councillor Brenner Councillor Cook Councillor Pickles Councillor Robinson Corr. 22-24 - 81 - 22521 ISLAND ROAD · PORT PERRY, ON · L9L 1B6 · TEL: 905-985-3337 · FAX: 905-985-8828 · www.scugogfirstnation.com Councillor Nagy Councillor Butt - 82 - 2233 Argentia Rd.Suite 301Mississauga, Ontario L5N 2X7 Office: 905-272-3600Fax: 905-272-3602www.watsonecon.ca H:\DCA-GEN\Bill 185\Assessment of Bill 185, Cutting Red Tape to Build More Homes Act, 2024.docx April 11, 2024 To Our Municipal Clients: Re:Assessment of Bill 185, Cutting Red Tape to Build More Homes Act, 2024 On behalf of our many municipal clients, we are writing to inform you of the Ontario Legislature’s proposed changes to the Development Charges Act (D.C.A.) under Bill 185 (Cutting Red Tape to Build More Homes Act) and to Ontario Regulation 82/98under the D.C.A. These proposed changes are with respect to: •The definition of eligible capital costs (to include certain studies); •The removal of the mandatory phase-in of charges; •The process for minor amendments to development charge (D.C.) by-laws; •A reduction of time for the D.C. rate freeze related to site plan and zoning by-law amendment planning applications; •Modernizing public notice requirements; and •Implementation of the Affordable Residential Unit exemptions. Further details with respect to these proposed changes are provided below. With respect to changes to the Planning Act arising from Bill 185, Watson will bepreparing a subsequent letter summarizing the changes. 1.Revised Definition of Capital Costs On November 28, 2022, the Province enacted Bill 23, More Homes Built Faster Act,which included a number of discounts, exemptions, and reductions to D.C.s. As part ofthis legislation, the definition of capital costs (subsection 5 (3) of the D.C.A.) was amended to remove studies, including D.C. background studies. Bill 185 proposes to reverse the capital cost amendments of the More Homes Built Faster Act (Bill 23) by reinstating studies as an eligible capital cost. The followingparagraphs are proposed to be added to subsection 5 (3) of the D.C.A.: 5.Costs to undertake studies in connection with any of the matters referred to in paragraphs 1 to 4. 6.Costs of the development charge background study required under section 10. Corr. 23-24 - 83 - Watson & Associates Economists Ltd. PAGE 2 Assessment of Bill 185, Cutting Red Tape to Build More Homes Act, 2024 The proposed amendment will allow municipalities to fund studies, consistent with by- laws passed prior to the More Homes Built Faster Act (Bill 23). This will allow for the funding of master plans, D.C. background studies, and similar studies that inform the capital costs of the D.C. background study. 2. Removal of the Mandatory Phase-in The More Homes Built Faster Act (Bill 23) required the phase-in of charges imposed in a D.C. by-law over a five-year term. D.C. by-laws passed after January 1, 2022, were required to phase-in the calculated charges as follows: • Year 1 of the by-law – 80% of the charges could be imposed; • Year 2 of the by-law – 85% of the charges could be imposed; • Year 3 of the by-law – 90% of the charges could be imposed; • Year 4 of the by-law – 95% of the charges could be imposed; and • Years 5 to 10 of the by-law – 100% of the charges could be imposed. Bill 185 proposes to remove the mandatory phase-in of the charges. It is proposed that this change would be effective for D.C. by-laws passed after Bill 185 comes into effect. For site plan and zoning by-law amendment applications that were made prior to Bill 185 receiving Royal Assent, the charges payable will be the charges that were in place on the day the planning application was made (i.e., including the applicable mandatory phase-in). Note, the Bill also proposes to allow minor amendments to D.C. by-laws that include these phase-in provisions. As provided in further detail below, these amendments would not require the preparation of a D.C. background study or undertake the statutory public process, and the amendments would not be subject to Ontario Land Tribunal appeal. This provision will only be available for a period of six months after Bill 185 takes effect. 3. Process for Minor Amendments to D.C. By-laws Section 19 of the D.C.A. requires that a municipality must follow sections 10 through 18 of the D.C.A. (with necessary modifications) when amending D.C. by-laws. Sections 10 through 18 of the D.C.A. generally require the following: • Completion of a D.C. background study, including the requirement to post the background study 60 days prior to passage of the D.C. by-law; • Passage of a D.C. by-law within one year of the completion of the D.C. background study; • A public meeting, including notice requirements; and • The ability to appeal the by-law to the Ontario Land Tribunal. - 84 - Watson & Associates Economists Ltd. PAGE 3 Assessment of Bill 185, Cutting Red Tape to Build More Homes Act, 2024 Bill 185 proposes to allow municipalities to undertake minor amendments to D.C. by- laws for the following purposes without adherence to the requirements noted above (with the exception of the notice requirements): 1. To repeal a provision of the D.C. by-law specifying the date the by-law expires or to amend the provision to extend the expiry date (subject to the 10-year limitations provided in the D.C.A.); 2. To impose D.C.s for studies, including the D.C. background study; and 3. To remove the provisions related to the mandatory phase-in of D.C.s as discussed in section 2 of this letter. Minor amendments related to items 2 and 3 noted above may be undertaken only if the D.C. by-law being amended was passed after November 28, 2022, and before Bill 185 takes effect. Moreover, the amending by-law must be passed within six months of Bill 185 taking effect. Notice requirements for these minor amending by-laws are similar to the typical notice requirements, with the exception of the requirement to identify the last day for appealing the by-law (as these provisions do not apply). 4. Reduction of D.C. Rate Freeze Timeframe Bill 108, More Homes, More Choices Act, 2019, which received Royal Assent on June 6, 2019, provided several changes to the D.C.A. including the requirement to freeze the D.C.s imposed on certain developments. This applied to developments that were subject to a site plan and/or a zoning by-law amendment application. The D.C. rate for these developments is “frozen” at the rates that were in effect at the time the site plan and/or a zoning by-law amendment application was submitted (subject to applicable interest). Once the application is approved by the municipality, if the date the D.C. is payable[1] is more than two years from the approval date, the D.C. rate freeze would no longer apply. Bill 185 proposes to reduce the two-year timeframe to 18 months and move this timeframe from being identified in O. Reg. 82/98 to being identified in the D.C.A. Transition provisions are included that require the two-year D.C. “freeze” for site plan and zoning by-law amendment applications that were approved prior to Bill 185 receiving Royal Assent to remain in effect. [1] In the case of Rental Housing and Institutional development, once the application is approved by the municipality, if the date the first building permit is issued is more than two years after the date of approval, the D.C. rate freeze would no longer apply. - 85 - Watson & Associates Economists Ltd. PAGE 4 Assessment of Bill 185, Cutting Red Tape to Build More Homes Act, 2024 Note that the streamlined process for minor amending by-laws does not appear to include the ability to amend D.C. by-laws to meet this legislative change. 5. Other Proposed Changes Along with the proposed legislative changes outlined in Bill 185, the Province has identified related proposed regulatory changes regarding modernization of the public notice requirements. In addition, the Province has noted that implementation of the Affordable Residential Unit exemption will occur on June 1, 2024. 5.1 Modernizing Public Notice Requirements The D.C.A. sets out the requirements for municipalities to give notice of public meetings and of by-law passage. These requirements are prescribed in sections 9 and 10 of O. Reg. 82/98 and include giving notice in a newspaper of sufficiently general circulation in the area to which the by-law would apply. The proposed regulatory changes would modernize public notice requirements by allowing municipalities to provide notice on a municipal website if a local newspaper is not available. 5.2 Implementing the Affordable Residential Unit Exemption The More Homes Built Faster Act (Bill 23) identified an exemption for Affordable Residential Units. This exemption was subsequently revised through Bill 134, Affordable Homes and Good Jobs Act, 2023, which received Royal Assent on December 4, 2023. The exemption is summarized as follows: • Affordable Rental: Where the rent is no greater than the lesser of the income based affordable rent[1] set out in the Affordable Residential Units Bulletin and the average market rent identified in the Affordable Residential Units Bulletin. • Affordable Owned Unit: Where the price of the residential unit is no greater than the lesser of the income-based affordable purchase price[2] set out in the Affordable Residential Units Bulletin and 90% of the average purchase price identified in the Affordable Residential Units Bulletin. [1] Based on the 60th percentile of gross annual incomes for renter households in the applicable local municipality and where the rent is equal to 30% of the income of the household. [2] Based on the 60th percentile of gross annual incomes for households in the applicable local municipality and where the purchase price would result in annual accommodation costs equal to 30 per cent of the income of the household. - 86 - Watson & Associates Economists Ltd. PAGE 5 Assessment of Bill 185, Cutting Red Tape to Build More Homes Act, 2024 The Provincial Backgrounder has indicated that this exemption will come into force on June 1, 2024, and that the Affordable Residential Units Bulletin will be posted on Ontario.ca. Note, no commentary has been provided on the Attainable Unit exemption at this time. 6. Summary Comments on the Proposed Amendments Many of these changes to the D.C.A. appear positive for municipalities by assisting in ensuring that growth pays for growth to the extent possible. This is achieved by allowing for the inclusion of growth-related studies that will allow municipalities to appropriately plan for additional development. Furthermore, the removal of the mandatory phase-in provisions ensures discounts to D.C.s are not provided to development and redevelopment that municipalities do not aim to incentivize. The reduction in the D.C. rate freeze timeline helps to ensure development that is not proceeding quickly does not receive D.C. discounts. Additionally, the ability to make minor amendments to D.C. by-laws to align with the legislative changes without onerous administrative requirements will assist municipalities in aligning policies with the amended legislation quickly. Modernizing the public notice requirements further assists municipalities in areas where there is no local newspaper. With respect to the implementation of the Affordable Residential Unit exemption on June 1, 2024, as stated in previous correspondence, while it is an admirable goal to create additional affordable housing units, further D.C., community benefits charge, and parkland exemptions will continue to provide further financial burdens on municipalities to fund these exemptions. Watson will be providing a submission through the Environmental Registry of Ontario on these legislative changes. Watson will also be seeking an opportunity to speak as a delegation to the Standing Committee, if possible, to provide our comments on behalf of our municipal clients. We will continue to monitor the progress of Bill 185 through the legislature and will continue to keep our clients informed of any changes. If you have any questions, please do not hesitate to contact us. Yours very truly, WATSON & ASSOCIATES ECONOMISTS LTD. Daryl Abbs, MBE, PLE, Managing Partner Andrew Grunda, MBA, CPA, CMA, Principal Jamie Cook, MCIP, RPP, PLE, Managing Partner Peter Simcisko, BA (Hons), MBE, Managing Partner Sean-Michael Stephen, MBA, Managing Partner Jack Ammendolia, BES, PLE, Managing Partner - 87 - Report to Council Report Number: CAO 05-24 Date: June 24, 2024 From: Marisa Carpino Chief Administrative Officer Subject: Pickering Heritage & Community Centre Project Update -Tender No. T2023-12 – Milestone Report #1 -File: A-1440 Recommendation: 1. That Report CAO 05-24 be received for information. Executive Summary: The purpose of this report is to provide a semi-annual project status update on the construction of the Pickering Heritage & Community Centre (PHCC). In accordance with item 10 of Report FIN 03-24 (Council Resolution #398/24), staff were instructed to provide semi-annual project status updates on the construction of the Pickering Heritage & Community Centre. Relationship to the Pickering Strategic Plan: The construction of the Pickering Heritage & Community Centre responds to the Pickering Strategic Priorities to Champion Economic Leadership and Innovation; Advocate for an Inclusive, Welcoming, Safe & Healthy Community; Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community; Lead & Advocate for Environmental Stewardship, Innovation & Resiliency; Strengthen Existing & Build New Partnerships; and, Foster an Engaged & Informed Community. Financial Implications: The project is still early in the construction phase which is reflected in the total expenditures to-date. The current year-to-date total expenditure for the project is $3,877,429 (before tax) and when measured against the Council approved PO amount of $51,953,000, represents a total expenditure of 7.46 percent. With construction proceeding at full pace, it is anticipated that more detailed information will be provided for the next milestone report (December 2024). No furniture, fixture or equipment purchases have been made to date. Expenditures against related budgets are expected to begin later this year after the PHCC building has been enclosed. Due to the hiring of new project management staff in the Operations Department, as part of the City’s new Major Projects team, there is no longer a need to retain third party project management services. Related funding will remain associated with the project, for the time being, as a precaution. - 88 - CAO 05-24 June 24, 2024 Subject: Pickering Heritage & Community Centre Project Update Page 2 Discussion: The purpose of this report is to provide operational and financial project updates on the construction of the Pickering Heritage & Community Centre in accordance with recommendation 10 of Report FIN 03-24 (Council Resolution 398/24). Timing of the reports has been adjusted slightly to June and December, annually, in order to align with the lack of Council meetings during the summer months. A.Site Works & Construction Activity: Mobilization and construction commenced immediately following approval of Report FIN 03-24 on February 5, 2024. Work on site has been progressing steadily, benefitting from a mild winter. Preliminary site preparations have been completed, with clearing, grubbing and rough grading now complete. Temporary electrical and data service migrations were completed in April 2024, ensuring that the rest of the museum site would remain connected and fully functional. A foundation permit was issued in March 2024 to facilitate construction of footings and foundations, which is presently underway. Site plan approval has been obtained and all required building permits will be issued by the end of June 2024. Highlights of construction progress are summarized as follows: •Building permits have been issued and required document delivered and posted at theconstruction site. Site plan approval has been obtained. Final permits are expected tobe released by the end of June 2024. •The site has been cleared and preliminary earthworks commenced, with the first footings and foundations currently under construction. •Temporary power and data relocations have been completed, ensuring ongoingfunctionality for the rest of the museum site. •Archaeological work is proceeding. Subject to any findings of significance, and requiredapprovals by authorities having jurisdiction, field work is expected to be completed bythe end of June 2024. Construction will expand to this part of the site once approvalshave been obtained. •The Puterbaugh Schoolhouse has been moved to its new location. •The Harvey House is expected to be relocated before the end of June. B.Schedule: The project remains on schedule for substantial performance, and to be ready for takeover, by October 2025. The building is intended to open for public use in April 2026. C.Archaeological Work: The Toronto and Region Conservation Authority (TRCA) archaeological unit commenced stage 3 and stage 4 work on the area of interest previously identified and as referenced in Report FIN 03-24. This area is required for construction of a gravel overflow parking lot to supplement more frequently used asphalt parking areas, such as during major events. Archaeological field work is expected to be complete by the end of June 2024, with requisite clearances to follow. Assuming that there are no additional findings of significance, and subject to approval by TRCA and the Ministry of Citizenship and Multiculturalism, the construction site will be - 89 - CAO 05-24 June 24, 2024 Subject: Pickering Heritage & Community Centre Project Update Page 3 expanded into this area during the summer. Archaeological field work was monitored by the Huron-Wendat Nation and Haudenosaunee Development Institute (HDI), both of whom also participated in the previous stages of work in 2023 and were invited to return to continue to participate. Although required to complete the overall project, the archaeological work has been planned and executed in a manner that ensures it would have no impact on construction progress for the main building. D.Operating Budget & Programming Model: Community Services and the Pickering Public Library are currently preparing operating budgets and programming models, and will be consulting with local and broader stakeholder groups over the next eighteen months. Pre-opening costs for facility operations will be included in the 2025 Current Budget, to prepare in advance of taking over the building at the end of that year. Additional details on proposed uses and activities will be provided with the next milestone update. First public use of the Facility is not expected until spring 2026, following a fit-out period after the construction is complete. A more formal grand opening is typically scheduled after the unofficial ‘soft’ launch to ensure that the building is completely ready to begin regular operation. Attachment: None Prepared By: Approved/Endorsed By: Brian Duffield Stan Karwowski Director, Operations Director, Finance & Treasurer Vince Plouffe, OAA, MRAIC Laura Gibbs Division Head, Operations Services Director, Community Services Jackie Flowers CEO/Director of Public Library BD:vp Original Signed By:Original Signed By: Original Signed By:Original Signed By: Original Signed By: - 90 - CAO 05-24 June 24, 2024 Subject: Pickering Heritage & Community Centre Project Update Page 4 Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By: - 91 - Report to Council Report Number: CS 19-24 Date: June 24, 2024 From: Laura Gibbs Director, Community Services Subject: Remembrance Day Poppy Markers – Artist Selection -Commission of Public Art -File: A-1440-001 Recommendation: 1.That Council endorse that the commission of public art on the 11 light posts insideEsplanade Park in Pickering be awarded to Linfeng Zhou; 2.That Council authorize the Director, Finance & Treasurer to finance the net project cost of$32,004 to be funded by a transfer from the Public Art Reserve as approved in the 2024Current Budget; 3.That the Mayor and the City Clerk be authorized to execute the Letter of Understanding,between Linfeng Zhou and the City of Pickering, set out in Attachment 1, subject to minor revisions acceptable to the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 4.That the appropriate officials of the City of Pickering be authorized to take the necessaryactions as indicated in this report. Executive Summary: The purpose of this report is to seek Council’s endorsement for the commission of public art, installed on the 11 light posts inside Esplanade Park in Pickering, to be awarded to Linfeng Zhou. As per section 09.10 of the Purchasing Policy (PUR 010), Public Art Project purchases with costs that exceed $25,000 are subject to Council approval. Based on Resolution #392/24 from January 30, 2024, staff have consulted with the Royal Canadian Legion Branch 606 on the suitability, design, and material to be used for a poppy sidewalk marker which is to be funded from the Public Art Reserve. As per the Public Art Policy (CUL 130), this purchase of artwork is being recommended following a publicly promoted Call to Artists with pre-qualification of artists based on submitted artwork concepts. The proposal by artist Linfeng Zhou received the highest juried score and was recommended and endorsed by the Public Art Jury and Cultural Advisory Committee. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priorities of Advocate for an Inclusive, Welcoming, Safe & Healthy Community; and Strengthen Existing & Build New Partnerships. - 92 - CS 19-24 June 24, 2024 Subject: Remembrance Day Poppy Markers – Artist Selection Page 2 Financial Implications: The Remembrance Day Poppy Markers is reflected in the approved 2024 Current Budget (Cultural Services 10207) in the amount of $35,000.00. The net purchase cost is to be funded from the Public Art Reserve in the amount of $31,066.00. 1. Estimated Project Costing Summary Fees set out in the Letter of Understanding $31,450.00 HST (13%) 4,089.00 Total Gross Project Costs $35,589.00 HST Rebate (11.24%) (3,535).00 Total Net Project Costs $32,004.00 2. Approved Source of Funds Approved Code Source of Funds Budget Funds Required 10207.502520.9710 Public Art Reserve $35,000.00 $32,004.00 Project Cost under (over) approved funds by $2,996.00 The remaining funds of $2,996.00 will be used for signage, lighting, communications and an unveiling event. Discussion: The purpose of this report is to seek Council’s endorsement for the commission of public art, to be installed on the 11 light posts inside Esplanade Park in Pickering, be awarded to artist Linfeng Zhou. As per section 09.10 of the Purchasing Policy (PUR 010), Public Art purchases with costs that exceed $25,000.00 are subject to Council approval. Staff met with volunteers from Legion Branch 606 before the Call to Artists was issued. This included a site visit to Esplanade Park to determine an appropriate location for the public artwork. Based on feedback from the Legion Branch 606, poppy markers were not located on the sidewalk or in the gardens to prevent people stepping on the poppies. The light posts in Esplanade Park were identified as the most suitable location for the artwork. Input from Legion Branch 606 was incorporated into the Call to Artists. As per Section 10.01 of the Public Art Policy (CUL 130, “The Policy”), an Open Call to Artists was selected as the Method of Acquisition. A one-stage process was selected in which artists submitted detailed project proposals. A Call to Artists – Request for Proposals was issued on March 25, 2024 (Attachment 1 – Schedule E). The Call to Artists was advertised through the City of Pickering website as well as Akimbo, PineRidge Arts Council (PRAC) Newsletter, Community Services Distribution List, Creative Cities Network of Canada, DurhamRegion.com, and through social media. - 93 - CS 19-24 June 24, 2024 Subject: Remembrance Day Poppy Markers – Artist Selection Page 3 As per Section 09.01 of the Policy, a Public Art Jury was formed. The Public Art Jury evaluates the artist proposals in accordance with the Selection Considerations in Section 11 of The Policy. In this case, a Public Art Jury was convened to judge the submissions based on criteria established in the Public Art Policy. The Public Art Jury included two members from Legion Branch 606, along with members of the Cultural Advisory Committee, City Staff and professional artists. Thirteen artists responded to the Call to Artists with a conceptual design proposal. The Public Art Jury met on April 30, 2024, to review the received concepts. Following scoring and discussion, the Jury recommended that Linfeng Zhou be awarded the commission of public art for the creation of the 11 Poppy Markers throughout Esplanade Park. The recommendation was endorsed by the Cultural Advisory Committee on May 21, 2024. The conceptual design proposal is set out in Schedule A of the Letter of Understanding. The Artist made the following statement: “The design proposal titled Crimson Inflorescence seeks to capture the multifaceted symbolism of the poppy in the context of remembrance. By integrating light posts as the stems, the installation evokes the natural elegance and rapid growth of these iconic flowers. As visitors traverse the pathway lined with light posts adorned with these crimson blooms, they encounter a powerful visual narrative. This solemn display is not merely visually striking but also emotionally resonant, prompting reflection on sacrifice, memory, and gratitude. The installation transforms Esplanade Park into an enchanted space that not only commemorates an aggregation of stories and memories but also fosters hope for peace and prosperity.” The initial concept submitted by the artist included poppy markers that spanned four feet in diameter. Staff identified some concerns related to the size of the artwork and impact of wind and weight of the artwork on the structural integrity of the light posts. The artist, Linfeng Zhou, has provided an updated concept requested by staff that reduces the size of the poppies to address these concerns. The design will be reviewed and approved by a structural engineer to the satisfaction of staff, prior to fabrication and installation of the artwork. Adjustments to the originally submitted artwork are included in the Letter of Understanding (Attachment 1, Schedule B). The Letter of Understanding defines the relationship and responsibilities between the City and the Artist. Staff are requesting Council to authorize the Mayor and City Clerk to execute the Letter of Understanding with Linfeng Zhou. Subject to Council’s endorsement, the artist will begin fabrication with an estimated installation date of October 2024. Attachment: 1. Letter of Understanding (Agreement) - 94 - CS 19-24 June 24, 2024 Subject: Remembrance Day Poppy Markers – Artist Selection Page 4 Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Krystal Roberts Laura Gibbs MBA, MSc. Manager, Cultural Services Director, Community Services LG:kr Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 95 - This agreement made the Day/Month/Year BETWEEN: Linfeng Zhou (hereinafter called “the Artist”) AND THE CORPORATION OF THE CITY OF PICKERING (hereinafter called “the City) 1.Introduction This Letter of Understanding pertains to the artwork creation and installation of the artworks for the 11 light posts inside Esplanade Park in Pickering. This document defines the relationship and responsibilities between the City and the Artist. The final artwork is to be unveiled October 2024. This Letter of Understanding conforms to the City of Pickering Public Art Policy (CUL 130) and the City Of Pickering Standard Quotation Terms & Conditions. 2.Background The Public Art Commission for Remembrance Day Poppy Markers public art project is operated and administered by the City. The City issued a call to artists for Request for Proposals dated March 25, 2024, with respect to the Public Art Commission for Remembrance Day Poppy Markers project. Applications were due April 15, 2024. Community Services received 13 submissions from Canadian artists. The collected submissions were reviewed and scored by the Public Art Jury based on the judging criteria outlined in the Call to Artists (Attachment 1). Following scoring and discussion, the Jury recommended that Linfeng Zhou be awarded the commission of public art for the artworks for the 11 light posts inside Esplanade Park in Pickering. The recommendation was endorsed by the Cultural Advisory Committee on May 20, 2024. The Artist submitted a proposal dated 04, 13, 2024, (“the Proposal”), a copy of which is attached as Schedule “A” to this Agreement. Further, based on feedback from the Public Art Jury and City staff, the Artist provided a revised concept on 05, 30, 2024, ("the Revised Proposal"), a copy of which is attached as Schedule "B" to this Agreement. Prior execution of the Work, the Artist is to consult with a structural engineer. The Artist has been selected by the City to create, manufacture, install and deliver to the site, as required for the different components, the Artwork titled Crimson Inflorescence in accordance with the Conceptual Design, the Terms of Reference and the terms and conditions of this Agreement. 3.Definitions Artwork - The “Artwork” means the final piece of artwork developed from the design, model, and specifications provided by the Artist and approved by the City, which Artwork is more particularly specified in Schedule “A” attached hereto. The Work - The “Work” means designing, producing and fabricating the Artwork as well as delivering and installing it at the Place of Installation. Attachment 1 to Report CS 19-24 Letter of Understanding Public Artwork Agreement - 96 - Letter of Understanding Public Artwork Agreement Place of Installation - The “Place of Installation” is on the 11 light posts inside Esplanade Park, Pickering, more specifically located as shown on the attached drawing Schedule “C” attached hereto. 4.Artist Fee: Compensation and Payment Schedule a) The all-inclusive price to be paid by the City for the Artwork, completed and installed shall be $35,000.00 CAD, inclusive of all applicable federal and provincial taxes including HST.b) Each stage of the payment shall be accompanied by a detailed summary of work completed by the Artist to date that includes updated drawings and images that states that the Work has progressed and is proceeding according to schedule D and will be installed by the Delivery Date (as defined below). c) H.S.T. shall be enumerated as a separate item on each staged and scheduled payment pursuant to this Article. Payment shall be structured in a payment schedule to the Artist as follows: I.Phase 2: $16,666.66 including HST – after completion of Phase 2 which includes executing theLetter of Understanding, site visit, fabrication schedule and submission of an invoice from theArtist; II.Phase 4: $16,666.66 including HST – after completion of Phase 4 which includes the deliveryof final drawings of all art work components and submission of an invoice from the Artist; and III.Phase 6: $16,666.66 including HST – after completion of Phase 6 which includes installation of the artwork at the Place of Installation and upon submission of an invoice from the Artist. The City agrees: a)to pay the Artist all funds due and as provided for herein. 5.Payments of Sub-Contractors The Artist agrees: a)to ensure that payments will be made to all suppliers and subcontractors that may be engagedby the Artist in regard to the design, fabrication, storage, delivery and installation of the Artwork.At the City’s request, the Artist shall provide evidence of such payment. 6.Performance The Artist agrees: a)to provide all work and materials necessary to create the Artwork and to fulfill all its obligationsas set out in this Agreement;b)that the materials, methods and processes used to produce the Artwork shall be of first-classquality and expressive of the approved design as detailed in Schedule “A” attached hereto; c)to use firstclass skills, diligence and workmanship as are normally found in the artistic profession, and ensure that all materials incorporated into the Artwork are of the utmost quality and design in accordance with Schedule “A”; - 97 - 7.Timelines and Completion of Deliverables The Artist agrees: a) to complete the installation of the Artwork to the satisfaction of the City no later than October 21, 2024 “the Delivery Date”) or such later date as may be agreed upon by the Artist and the City in writing. The installation will include a maintenance/conservation plan submitted by the Artist; b) during the design and production of the Artwork, to keep the City advised of the status of the production of the Artwork. If required by the City, the Artist shall allow representatives of the City to view the Artwork during its various stages of production or provide progress photographs; c) to submit a progress report and invoice, with supporting receipts and invoices from sub- contractors, in the form specified by the City, prior to each payment date set out in Schedule “D”.d)to provide a conservation and maintenance plan ; e)to provide to the City photographs of the Artwork during and after installation in accordance with Schedule “D”. The City agrees: a)to ensure that should the Artist require direction in any regard to the design, fabrication orinstallation of the Artwork, the City shall provide such direction in a prompt and timely fashion. 8. Detailed Design The Artist agrees: a)to evaluate all material and data relevant to the Artwork as provided by the City and shall facilitateproduction of the final design, working with the Cultural Services Unit and other City departmentsand design team members, as needed and, in order to finalize the detailed design and the exact location of the Artwork within the Installation Site, to the satisfaction of the City. 9.Specifications The Artist agrees: a) to provide detailed drawings and specifications to the satisfaction of the City and shall advisethe City, in writing, through the Curator, Public Art, of all factors relating to the Artwork’stheme, budget, critical path, location, size, materials, structural, mechanical and technologicalrequirements, installation methods, and future maintenance requirements, to be determined bythe Artist in consultation with the Curator, Public Art; b) Substantive changes to the Artwork may be undertaken by the Artist only upon receipt of priorwritten authorization by the Manager, Cultural Services provided however, that the City’s objection to any feature of the Artwork which is reasonably attributable to the exercise of theArtist’s aesthetic judgment during the progress of the development of the Artwork shall not beconsidered a substantive change and shall not be a basis for withholding acceptance or paymentfor the Artwork. Letter of Understanding Public Artwork Agreement - 98 - 10. Permits and Engineers Stamp The Artist agrees: a) to obtain at the Artist's sole cost and expense, all permits necessary for the delivery and installation of the Artwork and prepare all materials, documents, reports, plans and drawings, required in order to obtain any Structural Engineers' stamps required in connection with the manufacture and installation of the Artwork at the Installation Site. 11. Delivery, Installation and Protective Measures The Artist agrees: a) to be solely responsible for all costs and supervision of the actual fabrication, production and installation of the Artwork including the cost of any site preparations or safety precautions that are required for the installation of the Artwork in its final location unless otherwise specified by the City. If protection during installation is required, then the Artist is to provide it. b) to deliver the Artwork to the specific site as set out in Place of Installation, free from all defects and in compliance with the specifications as outlined in Schedule “A” attached hereto; c) The Artist shall coordinate the installation of the Artwork with the Curator, Public Art and permit such inspections of the installation as the City may require. If any costs result from the Artist failing to coordinate the Artist's work with that of [City divisions and contractors], all such costs shall be borne by the Artist. d) upon installation of the Artwork, to clean the Artwork to ensure that all dirt, imperfections and extraneous materials are removed from the Artwork; e) that installation shall have been deemed to be complete when acceptance by the City or by its designated agent. The City agrees: a) to provide, at its expense, a permanent marker in keeping with the quality and type of the Artwork which will i dentify the name of the Artist, the name of the Artwork and the year of the Artwork. 12. Damage to Artwork and Artist’s Property The Artist agrees: a) that in the event of physical loss or damage to the Artwork prior to completion of installation and acceptance of the Artwork by the City, the Artist shall immediately take all necessary steps to rectify the loss or damage by repair, restoration, replacement or other appropriate means as soon as is reasonably possible at no additional expense to the City. Where necessary, the Artist may collect insurance proceeds before rectifying the loss or damage and shall rectify the loss or damage as soon as is reasonably possible after receipt of said funds. b) to be responsible for any loss or damage whatsoever to any of the Artist's materials, goods, equipment or supplies and will maintain all-risk coverage as required by this Agreement and as any prudent owner of such materials, goods, supplies and equipment would maintain. The Artist shall have no claim against the City or the City’s insurers for any damage or loss to the Artist's property and shall require his insurers to waive any right of subrogation against the City. Letter of Understanding Public Artwork Agreement - 99 - Letter of Understanding Public Artwork Agreement The City agrees: a) that following acceptance of the Artwork, the City will use its best efforts to maintain and repair any damage done to the Artwork by vandalism or other means substantially in accordance with the conservation and maintenance plan to be provided by the Artist. The City will make reasonable efforts to inform the Artist of such damage and to offer the Artist the opportunity to consult with the City on the proposed repairs. 13. Warranty, Repair and Maintenance The Artist agrees: a) that upon receipt of the Artwork, should the City find any deficiencies in the Artwork, it will advise the Artist in writing and the Artist must rectify such deficiency within ten (10) days of receipt of such notice. Should it not be possible to complete rectifying the deficiencies within ten (10) days, the Artist shall provide a Schedule to the City that is acceptable to the City indicating when completion will oc cur. b) in the event that the Artwork shall require repairs subsequent to the date of completion arising from normal weathering and “wear and tear”; then in such event the City shall advise the Artist in writing as to the nature of such repair and offer the Artist first right of refusal to carry out such repair within times and consideration as mutually agreed upon by the City and the Artist. Should the Artist fail to advise the City within thirty (30) days of receipt by the Artist of the written offer, or should the Artist and the City fail to agree on times and consideration, then in any such event the City, or a third party hired by the City, shall be at liberty to carry out any and all repairs. In determining the time and consideration for such repairs, both parties agree to act reasonably. c) notwithstanding the foregoing and with the exclusion of the maintenance criteria set out in the conservation and maintenance plan submitted by the Artist, during the first three (3) years after installation and acceptance by the City, the Artist agrees to repair any defects or deficiencies (normal w eathering and “wear and tear” excepted) in the Artwork without any charge to the City. The City agrees: a) to keep the Artwork in a clean condition, free of debris or banners or signage which defaces the Artwork, all to the level which the City considers to be appropriate and in accordance with the conservation and maintenance plan to be approved by the City and that will be provided by the Artist. 14. Removal and Relocation of Artwork The City agrees: a) to endeavor to exhibit the Artwork in the original location and in its original and complete format subject to the City’s right to decommission or remove the Artwork or a particular piece thereof for reasons which may include, but are not limited to, the structural integrity of the Artwork, expiry of the expected lifespan of the Artwork, extensive or irreparable damage or vandalism or by reason of the necessity to accommodate the effective operation of the site. - 100 - b) to consult, where possible, on the restoration or removal of public art, but shall retain the right to restore, relocate, or archive a work of public art without the artist's and/or donor's consent. 15. Insurance The Artist agrees: a) that upon request by the City, the Artist 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. i. 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. ii. The policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the City. iii. 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. 16. Indemnification The Artist agrees: a) to indemnify and hold harmless the City, its Mayor and Councillors, employees and agents for any and all losses, claims, demands, suits, actions, judgments, or costs which may arise from any physical deficiencies or deformities or structural failures of the Work which render the Artwork inconsistent with the approved design. The Artist agrees that this indemnity shall survive the period of time required to fulfill this contract and extend to the useful life of the Artwork and shall be binding upon the Artists’ personal representatives, administrators, executors and assigns. b) to indemnify the City, its Mayor and Councillors, employees and agents from and against all liens, all builders liens, claims, actions, costs and damages which may arise during installation of the Work on the Place of Installation. No finding of negligence, whether joint or several, as against the City in favour of any third party shall operate to relieve or shall be deemed to relieve the Artist in any manner from any liability to the City, whether such liability arises under this Agreement or otherwise. c) to warrant that the Artwork is original to the Artist and does not violate any copyright of any other person. The Artist shall indemnify and hold harmless the City, its Mayor and Councillors, employees and agents for any and all losses, claims, demands, suits, actions, judgements or costs that may arise from the allegation that the Artwork is not original to the Artist. Letter of Understanding Public Artwork Agreement - 101 - 17. Occupational Health and Safety Act The Artist agrees: a) to conform to and enforce strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O., 1990 c.0.1 and all regulations thereunder, as amended from time to time (collectively the "OHSA"). b) that nothing in this Agreement shall be construed as making the City the "employer" (as defined in the OHSA) of any workers employed or engaged by the Artist either instead of or jointly with the Artist. c) that it will ensure that all subcontractors engaged by it are qualified to perform the services and that the employees of the Artist and of all subcontractors are trained in the health and safety hazards expected to be encountered in the Services. 18. Workplace Safety & Insurance The Artist agrees: a) that 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. b) to provide the City with a Clearance Certificate prior to final pay ment certifying all pay ments 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. c) That a Company deemed to be an Independent Operator by the Workplace Safety & Insurance Board will 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. 19. Delays The Artist and the City agree that: a) neither party shall be responsible for any failure to comply with or for any delay in performance of the terms of this Agreement including but not limited to delays in delivery, where such failure or delay is directly or indirectly caused by or results from events of force majeure beyond the control of the party sought to be charged. These events shall include, but not be limited to fire, earthquake, accident, civil disturbances, war, rationing, allocation of embargoes, strikes or labour problems or delays in transportation, inability to secure necessary materials, parts or components, delay or failure of performance of any supplier or subcontractor, acts of Nature or acts of Government. Letter of Understanding Public Artwork Agreement - 102 - Letter of Understanding Public Artwork Agreement 20. Early Termination The Artist and the City agree that: a)notwithstanding any other provision of this Agreement, the City may, at any time and withoutcause, prior to completion of the Artwork, terminate this Agreement by providing sixty (60) days' notice in writing to the Artist. In the event of such termination, the City shall not incur any liabilityto the Artist other than work completed to the date of termination in accordance with the payment schedule and reimburse the Artist for the demonstrable, reasonable actual costs to the Artistincurred in connection with the Artwork, to the date of termination, as well as any demonstrable, reasonable outstanding liability owed by the Artist to the Artist's contractors, subcontractors, oremployees incurred in connection with such termination;b)failure of the Artist to perform its obligations under the Agreement shall entitle the City toterminate the Agreement upon ten (10) calendar days’ written notice to the Artist if a breach which is remediable is not rectified by the Artist to the City's satisfaction and within the timeframeset out in the City's notice of breach. In the event of such termination, the City shall not incurany liability to the Artist other than work completed to the date of termination in accordance with the payment schedule and reimburse the Artist for the demonstrable, reasonable actual costs to the Artist incurred in connection with the Artwork, to the date of termination, as well as any demonstrable, reasonable outstanding liability owed by the Artist to the Artist's contractors,subcontractors, or employees incurred in connection with such termination;c)all rights and remedies of the City for any breach of the Artist's obligations under the Agreement shall be cumulative and not exclusive or mutually exclusive alternatives and may be exercised singularly, jointly or in combination and shall not be deemed to be in exclusion of any other rights or remedies available to the City under the Agreement or otherwise at law;d)no delay or omission by the City in exercising any right or remedy shall operate as a waiver ofthem or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy; ande)upon termination, all work and material of the Artist pertaining to the Artwork shall be deliveredto or retained by the City at no further cost or liability to the City. 21.Ownership The Artist and the City agree: a)ownership of the Artwork, the model/maquette and all documentation supplied to the City inconnection with the Artwork, will vest in the City upon final payment for same. 22.Copyright The Artist and the City agree that: a)copyright in the Artwork shall remain with the Artist. The Artist agrees: a)to hereby grant the sole, perpetual and royalty free license to exhibit the Artwork in public and to use photographs, drawings, film, video, and other mechanical reproductions of the Artworkthroughout the world to the City for publicity purposes only. - 103 - Letter of Understanding Public Artwork Agreement b) to authorize the City to use the Artist’s name in connection with the Artwork and in the promotion and advertising of the City. c) not to replicate the Artwork for any other client or purchaser. d) to use best efforts to give credit to the City as the owner of the Artwork. The City agrees: a) to use its best efforts to have the Artist’s name associated with the Artwork in photographs, drawings or other reproductions of the Artwork except where the Artwork is not the primary subject of the said reproduction. 23. Death or Incapacity of Artist The Artist and the City agree that: a) in the event of a death or incapacity of the Artist before the complete installation of the Artwork, the City shall be vested with title to the unfinished Artwork upon paying the Artist, their personal representatives, administrators, executors or executrix a sum in the direct proportion of the percent of the Artwork completed to that date as determined by the City and shall be permitted to complete the Artwork in a manner generally consistent with the original design of the Artist. 24. Mediation The Artist and the City agree: a) that all disputes pertaining to the interpretation or implementation of this Agreement shall be resolved first by good faith negotiation between the parties. In the event that a dispute cannot be resolved by negotiation between the parties, the parties agree to use the services of a mediator to attempt to resolve their differences and failing agreement on the procedure to be followed, it shall be conducted in accordance with the “Rules of Procedure for the Conduct of Mediation” of the ADR Institute of Ontario. In the event that the mediation does not result in a settlement of the dispute, any unresolved issues may be taken to any other appropriate dispute resolution process agreed to by the parties, including arbitration or an appropriate court process. Should arbitration be chosen, it will be conducted in accordance with the “Rules of Procedures for the Conduct of Arbitration” of the ADR Institute of Ontario pursuant to the Arbitrations Act. Any claim or action brought pursuant to this Agreement shall only be brought in the courts of the Province of Ontario. This Agreement forms the entire agreement between parties and no other representations either oral or written shall form part of this Agreement. The rights and remedies of the City under this Agreement are cumulative and in addition to any rights and remedies provided by law or equity. - 104 - Letter of Understanding Public Artwork Agreement To the City at: The City of Pickering One the Esplanade Pickering , Ontario The City’s Representative for the purpose of this Agreement will be Laura Gibbs lgibbs@pickering.ca To the Artist at: Linfeng Zhou hello@lfzstudio.com lfzstudio.com Or to such other address or person as the parties may designate to each other in writing. - 105 - Letter of Understanding Public Artwork Agreement It is deemed that notice is received five (5) days after the mailing of any notice or upon delivery, if personally delivered. IN WITNESS WHEREOF the parties hereto have had t Linfeng Zhou Date Kevin Ashe, Mayor Date City of Pickering Susan Cassel, City Clerk Date City of Pickering his Letter of Understanding executed. - 106 - Letter of Understanding Public Artwork Agreement GENERAL Schedule A: The Artwork (Artist’s Concept proposal document attached) Schedule B: Revised Artwork Concept Schedule C: Place of Installation Schedule D: Detailed Fabrication Schedule Schedule E: Terms of Reference (Call to Artists) - 107 - Statement of Interest Linfeng Zhou 101-3353 Heather StVancouver, BC V5Z 3K6 Website: lfzstudio.com Phone: +1 403 400 0559 E-mail: hello@lfzstudio.com April 13, 2024 Dear Sir/Madam, I am thrilled about the prospect of creating a series of public artworks featuring Poppy markers throughout Esplanade Park in Pickering. As a Vancouver-based artist and designer with a background in architecture, my practice is deeply rooted in the principles of placemaking and the desire to enrich our interactions with the environments we inhabit. My career has been marked by a commitment to capture the unique qualities of each project’s setting, employing advanced technology to transport viewers into a realm of wonder. The past three years have seen me collaborate with numerous organizations to bring to life public art pieces suitable for a variety of landscapes, from the rural to the metropolitan. This journey has refined my project management abilities and broadened my technical repertoire, assuring the realization of artworks that are not only safe and durable but also profoundly resonant. My artistic endeavors are driven by a passion for creating pieces that resonate with their surroundings and engage meaningfully with our cultural heritage. For this project, I am particularly inspired by the symbolic significance and natural beauty of poppies. My ambition is to introduce artworks that harmonize with Esplanade Park’s existing landscape and infrastructure, while fostering a solemn atmosphere to honor the memory of the fallen and celebrate a cherished Canadian tradition. I am thankful for your consideration and look forward to the possibility of contributing to Pickering’s cultural and artistic landscape. Sincerely, Linfeng Zhou - 108 - Linfeng Zhou Website: lfzstudio.comPhone: +1 403 400 0559 E-mail: hello@lfzstudio.com Introduction I am a Vancouver-based artist/designer with roots in Southwestern China, and educations in architecture and industrial design. I often wander across industries and cultures in search of new possibilities to expand the realm of wonder. I am interested in creating objects and spaces that exalt their original contexts and foster positive interactions among people, ultimately connecting us more deeply to our environments and the present moment. Educations & Certifications 2022 Certified Passive House Designer, Passive House Canada, Victoria, Canada 2015 - 2018 Master of Architecture, University of Calgary, Canada 2017 Study Abroad Program, Barcelona, Spain 2011 - 2015 B.Eng. Industrial Design, Taiyuan University of Technology, China Professional Experiences 2024 -Visual Artist, LFZ Studio, Vancouver, Canada 2019 - 2023 Architectural Designer, JYOM Architecture, Vancouver, Canada 2018 - 2019 Architectural Designer, Atelier Pacific Architecture, Burnaby, Canada 2017 - 2018 3D Visualization Artist, Adessa Visuals, Vancouver, Canada Exhibitions 2023 Waves in a Shell, Lumiere YVR, Vancouver, Canada Waves in a Shell, Vancouver Pride Week, Vancouver, Canada Waves in a Shell, Burn in the Forest, Merritt, Canada Waves in a Shell, Bass Coast Festival, Merritt, Canada 2022 Ondulations de la Mémoire, Matjoukann Festival, Saint-Pierre, Martinique, France Biennale Art Safiental, Group Exhibition, Safiental, Switzerland 2021 Little Choir in the Wild, Poldra Festival, Viseu, Portugal 2017 Drops, School of Architecture, Planning, and Landscape, University of Calgary, Canada Awards, Grants & Residencies 2024 Art Project Grant, Métropole Rouen Normandie, France 2023 Artworks Exhibition Grant, Lumiere YVR, Vancouver, Canada Artist Exhibition Grant, Vancouver Pride Society, Vancouver, Canada Art Grant, Greater Vancouver Interactive Arts Society, Vancouver, Canada Art Grant, Bass Coast Festival, Canada Artwork Production Grant, TheEgg Arts Society, Vancouver, Canada 2022 Alps Art Academy Residency, Tenna, Switzerland 2021 Art Project Grant, Poldra Festival, Portugal 2017 Study Abroad Grant, University of Calgary, Canada 2015 Entrance Scholarship, University of Calgary, Canada - 109 - Front Elevation Side Elevation LE MONDE DANS UN GLAND Year: 2024 (In Progress) Location: Rouen, France Commissioned by: Métropole Rouen Budget: $40,000 Dimensions: 340 x 430 x 420 cm Materials: Plywood Fabrication Technique: Digital Fabrication Le Monde dans un Gland is a meditation pod shaped like an enormous acorn in the midst of its germination. Te acorn’s shell gracefully fractures before the radicle emerges, creating an inviting entrance for visitors to step inside and embrace the perspective of an awakening tree. Te structure’s roof tiles are meticulously arranged in a Fibonacci sequence, echoing the intricate patterns found in plants. When viewed from within, these tiles evoke the radiance of Gothic architecture’s ocular windows, gently difusing natural light to cultivate a serene atmosphere. Most components of this installation are crafted using computer-controlled cutting tools, capable of carving plywood into complex forms. Tis precision enables the components to be efciently fat-packed for on-site assembly, creating a robust interlocking structure. For weather resistance, the installation is shielded with marine grade plywood and elevated on concrete blocks as its foundation. Tis installation aims to create an immersive experience that not only sparks curiosity but also nurtures a profound appreciation for the marvels of nature. WORK SAMPLE // PROJECT 1 - 110 - Fabrication Diagram WAVES IN A SHELL Year: 2023 Location: Vancouver, British Columbia Commissioned by: Vancouver Pride Society Budget: $10,000 Dimensions: 270 x 340 x 280 cm Materials: Plywood, Translucent tubes, LED lights Fabrication Technique: Digital Fabrication Collaborator: Will Donaldson (LED Programming) Inspired by the organic form of a seashell, Waves In A Shell is a wooden structure adorned with undulating light tubes that capture the natural beauty of rolling ocean waves. By engaging with brass capacitive touch sensors on a small scale model, viewers can infuence the lighting patterns in real time, providing a mesmerizing interactive experience. To protect the lights from potential water damage, programmable LED strips are encased within translucent rubber tubes, which are strategically positioned within the pre-cut notches of the interlocking frame. Tis frame, comprised of precision CNC machine-cut components, allows for convenient fat packing for transportation purposes. Notably, this installation has been showcased at numerous festival venues across British Columbia, illumining the environment and delivering joy to the public. WORK SAMPLE // PROJECT 2 - 111 - LITTLE CHOIR IN THE WILD Year: 2021 Location: Viseu, Portugal Commissioned by: Poldra Festival Budget: $7,500 Dimensions: 480 x 530 x 520 cm Materials: Steel tubes, Plywood Fabrication Technique: Welding Little Choir in the Wild is a musical sculpture devoted to celebrating the melodies of the forest. Birdhouses adorn the structure at varying heights, featuring diferent-sized openings tailored to accommodate musicians from a variety of bird species. Nestled within a forest renowned for its resident peacocks, the design pays homage to their magnifcent feathers. Tis peacock-inspired structure not only serves an a tribute but also ensures that the birdhouses are strategically spaced apart. Te metal cones at the base of the sculpture enable humans to tune into the captivating melodies produced by these feathered musicians. Situated in a historic park on the city’s outskirts, this installation acts as an unique interface between the avian world and human admirers. Irregular choral concerts take place here, delivering the harmonies of these soaring creatures to human ears. WORK SAMPLE // PROJECT 3 - 112 - WORK SAMPLE // PROJECT 4 DROPS Drops is a window installation oriented to the south, located within a cozy classroom at the School of Architecture in Calgary. Tis space frequently Year: 2017 hosts project critiques, necessitating the use of cork panels for displaying Location: Calgary, Alberta architectural drawings. Commissioned by: University of Calgary Te installation features droplets suspended on steel cables, creating the Budget: $4,000 illusion of water drops caught in a moment of suspension. As daylight shifts, Dimensions: 30 x 520 x 200 cm so do the shadows cast by these droplets, ofering a dynamic visual experience Materials: Steel cable, MDF, Acrylic, Hardwood, Cork for both students and faculty members throughout the day. Fabrication Technique: Digital Fabrication - 113 - SCHEDULE A CRIMSON INFLORESCENCE DESIGN PROPOSAL FOR POPPY MARKER INSTALLATIONS IN ESPLANADE PARK Dimensions: 260 x 175 x 3 cm (for each light post) Materials: Acrylic, Metal, Paints Fabrication Technique: Digital Fabrication In his poem “In Flanders Fields,” Lieutenant Colonel John McCrae refects on the remarkable resurgence of life in the war-devastated landscapes, symbolized profoundly by the emergence of red poppies. Tese fowers, with their vibrant red hue, not only signify the resilience and renewal of life but also serve as a profound tribute to the sacrifces of fallen soldiers. Te design proposal titled Crimson Inforescence seeks to capture the multifaceted symbolism of the poppy in the context of remembrance. By integrating light posts as the stems, the installation evokes the natural elegance and rapid growth of these iconic fowers. As visitors traverse the pathway lined with light posts adorned with these crimson blooms, they encounter a powerful visual narrative. Tis solemn display is not merely visually striking but also emotionally resonant, prompting refection on sacrifce, memory, and gratitude. Te installation transforms Esplanade Park into a enchanted space that not only commemorates an aggregation of stories and memories but also fosters hope for peace and prosperity. DESIGN PROPOSAL // PAGE 1 - 114 - DAYTIME EXPERIENCE When bathed in sunlight, the fowers crafted from fuorescent acrylic panels project shadows of a deep red hue onto the ground, enhancing their enchanting aura. In shaded conditions, the acrylic captures ambient light and re-emits it, thanks to its unique material properties, casting a mesmerizing glow around the edges of the petals. Tis dynamic interplay of light ensures that visitors are treated to a captivating visual experience in any daylight setting. Top: Shadow of the installation DESIGN PROPOSAL // PAGE 2 Left: Installation in shade Right: Installation in direct sunlight - 115 - NIGHTTIME PRESENCE At night, the edge glow of the acrylic panels becomes particularly pronounced against the dark backdrop. Collaborating with the light emitted from the posts, the installation perpetuates its enchanting ambiance, providing a captivating experience for visitors that transcends the boundaries of day and night. ABOUT THE MATERIAL Te edge glow efect of the fuorescent acrylic sheets results from their ability to absorb ambient light and re-emit it. Furthermore, their durability and safety for public art installations are well-demonstrated by their use as balcony cladding in numerous construction projects throughout Canada. DESIGN PROPOSAL // PAGE 3 - 116 - SCALE & DIMENSIONS Te installation is securely fastened onto the light post through mechanical means, with its lowest point situated 8 feet above the ground, keeping it safely out of reach of passersby and clear of routine park maintenance. Each fower, measuring approximately 4 feet in diameter, presents a striking view when observed from directly beneath. MAINTENANCE Te installation requires minimal maintenance due to its fat and slim profle, which prevents the accumulation of rain or snow. Should dust gather on the surface, the installation can be efciently uninstalled by loosening the bolts and then easily re-installed after simple cleaning. DESIGN PROPOSAL // PAGE 4 - 117 - FABRICATION & INSTALLATION Te petals of each fower are crafted from fuorescent acrylic sheets, which are securely sandwiched between painted aluminum frames using bolts and nuts. Te assembled structure is then mounted onto the light posts with metal brackets. To accomplish the intricate geometries required, both the acrylic sheets and the aluminum frames will be precisely laser-cut by reputable fabricators. Additionally, the structural integrity and fastening methods will be thoroughly verifed by professional engineers to ensure safety and durability. DESIGN PROPOSAL // PAGE 5 - 118 - Project Budget -Crimson Inflorescence Structure Items 6mm red fluorescent acrylic sheets 6mm yellow fluorescent acrylic sheets 3mm aluminum sheets 5mm aluminum sheets Assorted bolts & nuts Metal brackets Paints Total Machine Use Items Regular laser cutter (charged per hour) Maetal laser cutter (charged per project) Total Consulting & Insurance Items Structural consulting & Engineer's Liability insurance Total Installation Items Travel and accomodation of the artist Transport of the pre-fabricated components Total Quantity Price per unit Subtotal 12 $280.00 $3,360.00 4 $280.00 $1,120.00 9 $300.00 $2,700.00 5 $380.00 $1,900.00 1 $150.00 $150.00 45 $10.00 $450.00 1 $200.00 $200.00 $9,880.00 Quantity Price per unit Subtotal 50 $4.00 $200.00 1 $3,500.00 $3,500.00 $3,700.00 Quantity Price per unit Subtotal 1 $5,000.00 $5,000.00 1 $2,500.00 $2,500.00 $7,500.00 Quantity Price per unit Subtotal 1 $4,000.00 $4,000.00 1 $2,000.00 $2,000.00 $6,000.00 Future Maintenance (when necessary) Items Quantity Price per unit Subtotal Labour of uninstalling & re-installing of the artworks 1 $2,000.00 $2,000.00 Wash of the artworks 1 $500.00 $500.00 Total $2,500.00 Artist Fee Items Quantity Price per unit Subtotal Artist fee 1 $5,000.00 $5,000.00 Total $5,000.00 Expenses Structure Total $9,880.00 Machine Use Consulting & Insurance Installation $3,700.00 $7,500.00 Future Maintenance (when necessary) Artist Fee Grand Total $6,000.00 $2,500.00 $5,000.00 $34,580.00 - 119 - References Kaspar König Professor at Zurich University of the Arts, Artist Email: kaspar.koenig@zhdk.ch Phone: +41 79 746 37 96 Yong Sun Director of JYOM Architecture Vancouver Office Email: yong.sun@jyomarchitects.com Phone: +1 604 338 0126 Peter Blitz Director of TheEgg Arts Society (registered art education charity) Email: peter@blitzco.com or peter@theegg.ca Phone: +1 604 682 4987 - 120 - N I R POP l, Paints Digital Fa rs Fields,” war-deva ers, with t ing renew on Inflore text of re vokes the erse the p ncounter ionally res llation tra aggregati . CRIMSO REVISED DESIGN FOESPLANADE PARK Materials: Acrylic, Meta Fabrication Technique: In his poem “In Flande resurgence of life in the red poppies. These flow soldiers while represent The design titled Crims of the poppy in the con stems, the installation e flowers. As visitors trav crimson blooms, they e both striking and emot and gratitude. The insta that commemorates an for peace and prosperity NFLORESCENCE PY MARKER INSTALLATIONS IN brication, Welding Lieutenant Colonel John McCrae reflects on the stated landscapes, symbolized by the emergence of heir vibrant red hue, honor the sacrifices of fallen al and hope. scence seeks to capture the multifaceted symbolism membrance. By integrating light posts as the natural elegance and rapid growth of these iconic athway lined with light posts adorned with these a powerful visual narrative. This solemn display is onant, prompting reflection on sacrifice, memory, nsforms Esplanade Park into a enchanted space on of stories and memories while fostering hope HEDULE BSC - 121 - ility and Following feedback from the jury and city staff, the petals of the Poppy Marker installation have been scaled down to reduce weight and minimize wind resistance. The final size will be determined in consultation with a structural engineer to ensure stability and durab Despite the size adjustment, the installation will retain the solemn enchanting visual appeal of the original design. . ADJUSTMENTS - 122 - s a major factor in maintaining during the engineering consult idered for further development: de of the post. ALTERNATIVE OPTION If wind resistance is identified a installation’s structural integrity alternative solution will be cons two smaller poppies on either si the ation, an placing - 123 - DURABILITY Acrylic panels have long been utilized as roofing for commercial greenhouses. Over the past decade, coloured acrylic panels have become popular for building envelopes, balcony cladding, and outdoor public art in various projects across Canada and internationally. The durability and safety of these installations are well demonstrated by recent photographs of the selected projects below. To preserve the unique visual appeal of the acrylic panels for this project, they will be treated with a transparent UV-resistant coating to prolong the vibrancy of the pigments within the acrylic. Precedent Project 1:Precedent Project 2: Precedent Project 3: YWCA CAUSE WE CARE HOUSE RAIN ROUEN MUNICIPAL HEADQUARTER Dialog Architects Khan Lee Jacques Ferrier Architecture Vancouver, BC Vancouver, BC Normandy, France Completed in 2018 Completed in 2017 Completed in 2017 - 124 - Letter of Understanding Public Artwork Agreement SCHEDULE C Place of Installation - 125 - Letter of Understanding Public Artwork Agreement SCHEDULE D Detailed Fabrication Schedule WORK PLAN The completion dates for each phase of the project as set out below shall be finalized upon final determination of the construction commencement date and prior to commencement of the Phase services. Phase 1 – July 8, 2024 • Agreement signed by all parties • Proof of insurance and WSIB provided to the satisfaction of the City Phase 2 - To be completed by July 29, 2024 to the satisfaction the City (PAYMENT) • Preliminary Drawings of all components and connections • Preliminary fabrication schedule and Pricing Phase 3 - To be completed by August 12, 2024 to the satisfaction of t he City • Final design and pricing This phase will i nclude the following approvals by the client: • Preliminary engineer review • Design drawings, including all components and connections. Phase 4 - To be completed by August 26, 2024 to the satisfaction of t he City (PAYMENT) • Completion of detail design. This phase will i nclude the following approvals by the client: • Final sign-off of shop drawings for production • Shipping & installation plan completed, in cooperation with stakeholders and other relevant contractors, and to the satisfaction of the City. 2 - 126 - Letter of Understanding Public Artwork Agreement Phase 5 -To be completed by October 11, 2024 to the satisfaction of the City • Complete off-site fabrication of Artwork and all its components, to the satisfaction of the City. All permits and approvals acquired. Phase 6 – To be completed by October 21, 2024 to the satisfaction of the City (PAYMENT) • Complete on-site installation of the Artwork and all its components, to the satisfaction of the City. • Delivery of maintenance manual, including Photographic documentation, Artist statement, Biography • Attendance at the unveiling event in October, 2024. • Final acceptance of Artwork to the satisfaction of the City. - 127 - Call to Artists – Request for Proposals (RFP) Remembrance Poppy Markers Deadline: April 15, 2024 at 4 pm EDT. Photo of the cenotaph, located on the north side of The Esplanade S, beside the Pickering Library/City Hall. Artist Opportunity The City of Pickering invites artists or artist teams to submit proposals for permanent sculptures of simplified poppy markers to be installed on the light posts throughout Park in Pickering. This is another way residents can reflect, honour and remember our fallen soldiers on Remembrance Day, as well as at other times of the year. The works are to be installed on the 11 (eleven) light posts marking the way the Legion takes to the cenotaph. Artworks are expected to be displayed year round, permanently. One artist/team will be commissioned by The City of Pickering to create the work. As per the City of Pickering Public Art Policy (CUL 130) an artist is defined as the designer/creator of an artistic work and can include, but is not limited to, a professional artist, graphic designer, collaborative team, architect, or landscape designer. A public art jury comprised of practicing arts professionals, Cultural Advisory Committee members, and project stakeholders will be established for this single-stage competition. 1 SCHEDULE E - 128 - Site Context The City of Pickering resides on land within the Treaty and traditional territory of the Mississaugas of Scugog Island First Nation and Williams Treaties signatories of the Mississauga and Chippewa Nations. The artwork will be located in Esplanade Park in Pickering. Esplanade Park will serve as the primary public green space that is located in the heart of City Centre with increased passive use, use as an events space and use for commemorations and celebrations. During the summertime, the spot is alive with the electric energy of music, picnickers, and passer byes, this is the perfect spot to sit down and enjoy the breeze under the trees. Photo of Esplanade Park, Pickering 2 - 129 - Project Brief The City of Pickering’s Cultural Strategic Plan (2014) outlines the City’s commitment to collaborate with the community to celebrate our cultural diversity, heritage and the arts; to sustain our natural environment; to foster a creative economy; and to strengthen our vibrant neighbourhoods. This public art piece is to be created as a Remembrance Day poppy marker and installed on the light posts around Esplanade Park. The City has designated 11 light posts that follow the path the Legion take to the cenotaph every year on November 11th. The work is permanent. The City of Pickering will be seeking to purchase the work and assume full ownership. The successful work will act as a marker and further commemorate our fallen soldiers throughout the year. Budget $35,000 CAD including HST (maximum). This is the total amount available for the commission of this temporary public artwork. All related expenses of this project including, but not limited to: artist fees, all applicable taxes, detailed renderings, materials, community consultations and schedules or other expertise as required, insurance, equipment, travelto meetingsand to the site, and an artist statement for completed work. The selected artist will enter into a written agreement with the City of Pickering following the approval of the acquisition of the public art. This agreement will address the artist's obligations, which include, but are not limited to: • Materials •Timeline •Installation •Maintenance and conservation plans •Warranty •Copyright, Intellectual Property and Moral Rights •Payments to sub-contractors 3 - 130 - Anticipated Schedule It is expected that the commissioned artist(s) will comply with the project’s general timeline dates, as stated below: Date* Project Phase March 25, 2024 Issue RFP April 15 , 2024 Submissions due June 24, 2024 Selected Artist notified Agreement is signed July 2024 Exact site confirmation Technical D esign Review July to October 2024 Artwork fabrication Week of October 21, 2024 Artwork Installation October 25, 2024 Artwork unveiling *Schedule is subject to change Technical Specifications Design Considerations 1. This call is primarily targeting new site-specific work suitable for outdoor all-season weather. 2. The work is to be inspired by the traditional poppy flower used by the Legion as a symbol for remembrance of our fallen soldiers. 3. The work must be mechanically fastened to the light post and not cause harm to passerby. 4. The work may be installed vertically along the entire light post, however please note that if it’s too low it might affect ground seasonal maintenance. 5. The work is to be inclusive, engaging and create a feeling of remembrance. 6. The work may incorporate components; however, this should not add further to maintenance and durability. 7. Proposals must consider the local environment and weather conditions. 4 - 131 - Technical Requirements All proposals must meet the following criteria: 1. The work must be durable, and able to withstand unpredictable all-season weather conditions and physical contact by the public. 2. There is a circuit monitoring Esplanade Park, however there is no overnight security in the space. Installations must be robust, and able to be installed in a public space. The artwork will be actively monitored with daily visual inspections conducted by City Staff,including weekends, as well as intermittent security patrols by the City’s Security team. 3. Based on the proposal the work must be secured directly on the light posts under the light fixture thought mechanical means; metal sleeve or a band wrapped around the body of the light post. 4. Artists will need to be willing to work with the project team on the technical set up, maintenance and addressing safety concerns. 5. The installation should comply with safety and accessibility design standards where possible. 6. Artist(s) must be able to set-up and provide clear instructions for City staff to install/deinstall the work for future uses (if applicable). City staff will be present during installation. 7. Selected artists will be expected to provide proof of general liability insurance while on site. Images of the light post: 5 - 132 - Selection Process A public art jury comprised of practicing arts professionals, Cultural Advisory Committee Members and project stakeholders willbe established for the evaluation of the proposals. This is a one stage competition. One artist will be awarded the commission. The Jury will recommend an artist or artistic team for the award of the commission based on the following criteria: 1. Artistic merit, including quality of work, originality, and artistic excellence in the field of outdoor temporary/permanent art. 2. Adhesion to location and expressed desire in this project; and, 3. Artist’s demonstrated ability and proposal feasibility to meet the artwork goals and technical requirements, within the set timeline and budget. The City of Pickering reserves the right to select and retain the artist deemed most appropriate for the project at its sole discretion. Submission Requirements Complete your RFP submission by filling out the form here: Accessibility The City will provide accommodations throughout the selection process to applicants with disabilities. Please notify Stoyan Barakov, Coordinator, Public Art at 289.200.7829 or sbarakov@pickering.ca of the nature of any accommodation(s) that you may require in respect of any materials or processes used to ensure your equal participation. Reserved Rights of the City of Pickering The City of Pickering, at it sole discretion, may request clarification or request additional information, as deemed necessary to evaluate the submissions. The City retains the sole discretion to determine whether a submission is responsive and if the prospective Artist or Artist Team is capable of performing the Work. The City reserves the right, at it sole discretion, to determine the number of pre-qualified Artists or Artist Teams. The City reserve the right to not proceed with awarding a contract. Publication of Information The City of Pickering shall have the exclusive rights to issue all public announcements regarding the competition. 6 - 133 - Additional Information For anyadditional information or questions please contact: Stoyan Barakov, Coordinator, Public Art at 289.200.7829 or sbarakov@pickering.ca. 7 - 134 - Report to Council Report Number: CS 20-24 Date: June 24, 2024 From: Laura Gibbs Director, Community Services Subject: Interim Program Space in Seaton Update -File: A-1440-001 Recommendation: 1.That Report CS 20-24, regarding Interim Program Space in Seaton Update, be received for information. Executive Summary: The purpose of this report is to provide an update on the Interim Program Space in Seaton. As per Resolution #142/23, staff were directed to explore opportunities with the commercial/retail plazas and developers/owners for the interim use of commercial spaces for delivery of City recreation and leisure programming, and report back to Council with opportunities and recommendations by the end of Q2, 2023. At the Council meeting of June 26, 2023, through Report CS 23-23, staff recommended further investigation in the Seaton Commercial Plaza at Taunton Road and Peter Matthews Drive as a potential interim commercial space for municipal recreation programming. As per Resolution #221/23, staff were directed to further investigate opportunities for the interim use of this commercial space including rental, fit-out, and lease terms, develop a draft program plan budget for the proposed space, and to report back to Council in Q4, 2023. At the Council meeting of December 11, 2023, through Report CS 32-23, staff provided a program plan for the space and an estimate for operating costs for the facility of approximately $215,457.00 annually. As per Resolution #358/23, staff were directed to further investigate opportunities for the interim use of this commercial space including rental, fit-out, and lease terms and to report back to Council in Q2, 2024. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advocate for an Inclusive, Welcoming, Safe & Healthy Community. Financial Implications: Interim commercial space for the delivery of municipal recreation programming in Seaton could potentially incur annual revenue of $302,453.00, and expenses of $659,397.00, with total net cost of $356,944.00 in year one. Net operating expenses for the following years are estimated to be $215,457.00 annually. These costs exclude one-time leasehold improvements and annual lease costs. - 135 - CS 20-24 June 24, 2024 Subject: Interim Program Space in Seaton Update Page 2 One-time leasehold improvements, based on 10,000 square feet, are estimated at $990,000.00. Lease costs per square foot are not yet available. Discussion: The purpose of this report is to provide an update on the Interim Program Space in Seaton. In spring 2018, residents began moving into new homes in the Seaton community. The development of this community is expected to attract 70,000 new residents and 35,000 new jobs by 2031. As the population of Seaton continues to grow, the need for recreation and leisure programs also grows. Currently, Seaton residents do not have dedicated municipal facilities offering City recreation programs, until the opening of the Seaton Recreation Complex & Library, anticipated in 2028/2029 (located at the southeast corner of the further Burkholder Drive and re-aligned Whitevale Road). That said, local neighborhood commercial and retail plazas are being constructed earlier than municipal facilities and potentially provide opportunities for interim locations for the delivery of municipal recreation programming. With an interim recreation programming space, the Community Services Department could offer a range of camps, sports, dance, art, language, and fitness programs for all age groups. A. The Commercial Space at the Seaton Commercial Plaza will be suitable, in an interim basis, for the delivery of municipal recreational programs (Taunton Road and Peter Matthews Drive). The Seaton Commercial Plaza has a future development block planned that is accessible from Taunton Road, Peter Matthews Drive, and Marathon Avenue. The plans for the commercial plaza include seven commercial buildings located around a shared parking lot with 752 parking spaces. The plaza also has an adjacent public transit stop planned at the corner of Peter Matthews Drive and Taunton Road. The plaza has spaces available for lease between 10,000 and 17,000 square feet. B. The start of construction has been delayed. In early discussions with the developer, construction of this Plaza was expected to begin in 2024. As of June 2024, construction of the Seaton Commercial Plaza is expected to begin in 2025, with construction completed and the building space available for lease in 2026. C. The amount of space required to operate recreation programs is available in the planned Seaton Commercial Plaza. The following space requirements are recommended to offer a full range of recreation programming in an interim leased space: • at least 800 square feet of suitable program space that can be used for leisure programming like free teen drop-in programs, pre-school programs, language instruction, art classes, etc. • at least 800 square feet of suitable program space that can be used for fitness and recreation activities like dance and fitness classes - 136 - CS 20-24 June 24, 2024 Subject: Interim Program Space in Seaton Update Page 3 • at least 7,000 square feet of suitable program space that can be used for basketball, volleyball, badminton, pickleball, and a range of sports-based and multi-use programming • front lobby space with a desk, computer and small space for people to wait • janitors closet and storage for cleaning supplies • accessible washrooms • a small office space that is enclosed to support program administration • large program storage suitable for tables, chairs, sports and fitness equipment • other back of house areas as may be required Community Services staff have prepared a proposed program plan requiring an estimated 9,000 to 10,000 square feet that could provide interim recreation programs to 65,000 users annually. This is based on 68 hours of programs being offered weekly. There are several buildings at the Seaton Commercial Plaza that would be suitable for interim recreation program use. “Building E” is expected to be 10,000 square feet, which would meet the City’s programming requirements. D. New gymnasiums are planned in Seaton, opening in 2026. The Durham District School Board (DDSB) has confirmed that a new school is being constructed at Burkholder Drive and Azalea Avenue in Seaton. The new school will accommodate 634 student spaces including a four-room childcare centre. It will include six Full Day Kindergarten rooms, eighteen regular classrooms, two Special Education rooms, Science, Art and Music room along with a gymnasium and library. The school will be approximately 6,924 square metres. The new school is expected to open September, 2026. Through the Community Use of Schools partnership the City has with the DDSB, additional recreation, camp, and sports-based programming can be offered in this Seaton-based school gymnasium starting in 2026. E. Recreation Programming is being offered in Seaton currently. Rick Johnson Memorial Park was identified as a park location that sees consistent leisure use by residents in the Seaton area and is a good location to host pre-registered, instructional programs for children and youth, as well as weekly cultural events including small-scale concerts and movie nights. Community Services staff offered four community engagement sessions, as well as an online survey to receive feedback and determine the types of recreation and culture programs that Seaton residents were interested in attending. Responses from the public consultations showed an interest in a large variety of programming, especially children and youth evening activities, as well as Friday night and Saturday family activities. This summer, staff are offering over 280 hours of programming, workshops and events at Rick Johnson Memorial Park. Activities began in June to mark the start of Seniors month and will run through to September and include but are not limited to: Parent and Tot classes, Yoga and Socacize, Children’s Art, Hip-Hop and Multi-sport programs, Pre-teen and - 137 - CS 20-24 June 24, 2024 Subject: Interim Program Space in Seaton Update Page 4 Free Teen programs, evening Adult Sports, 55+ workshops and Art classes as well as Friday night summer concerts and weekend Museum programs. Interested community members can register for programs at Pickering.ca/active or in person at the Chestnut Hill Developments Recreation Complex. F. The Seaton Recreation Complex & Library is on schedule for a 2028/2029 opening. The Seaton Recreation Complex & Library is planned to be an approximately 180,000 square foot facility with recreation amenities including a triple gymnasium, two pad arena, aquatics complex, multipurpose program rooms, outdoor skatepark, and outdoor multi-sport courts. This facility will serve the recreation needs for both residents of Seaton and Pickering. This project is currently on schedule for design to conclude by the end of 2025, with construction commencing in 2026. H. The Pickering Heritage & Community Centre is scheduled to open in 2026. The Pickering Heritage & Community Centre (PHCC) is a 44,000 square foot facility that is currently under construction, expected to open to the public in Spring, 2026. This community centre will provide a range of recreation programs to residents such as yoga, tai chi, karate, children’s camps, art-based programs, language instruction programs, music instruction, volunteer activities and age specific activities for children, teens and older adults. The PHCC is located in central Pickering, within a five-minute drive of the Seaton community. This facility will serve Seaton residents with a variety of recreation and culture programs. The opportunity to utilize leased commercial space to deliver municipal recreation programs can be considered as an interim solution prior to the construction of municipal community facilities in Seaton including the PHCC in 2026 and Seaton Recreation Complex & Library in 2028. However, the upfront and one-time leasehold costs must be weighed against the term that this lease spaced would be required. Attachment: None. Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Karen Coleman Laura Gibbs, MBA, BSc. Manager, Recreation Services Director, Community Services LG:kc - 138 - CS 20-24 June 24, 2024 Subject: Interim Program Space in Seaton Update Page 5 Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 139 - Report to Council Report Number: CS 21-24 Date: June 24, 2024 From: Laura Gibbs Director, Community Services Subject: Indoor Pickleball - Pickering Soccer Centre - File: A-1440-001 Recommendation: 1. That a Request for Quotation No. RFQQ2024-21 for Soccer Dome Floor replacement as submitted by Gym-Con Ltd. in the amount of $223,300.00 (HST excluded) be received; 2. That the total gross project cost of $277,562.00 (HST included) and the total net project cost of $249,953.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the net project cost of $249,953.00 as approved in the 2023 & 2024 Capital Budgets as follows: a) The sum of $188,920.00 available from the previously approved 2023 Capital Budget be increased to $199,953.00 to be funded from the Rate Stabilization Reserve; b) The sum of $50,000.00 to be funded from Property Taxes as approved in the 2024 Capital Budget; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in the report. Executive Summary: The purpose of this report is to award Quotation No RFQQ2024-21 for the removal of the existing floor and replacement with a Pulastic floor that is better suited for Pickleball at the Pickering Soccer Centre. Robbins Inc. is a Vendor of Record with Canoe Procurement Group, a collaborative agency which the City is a member of, and therefore, meets the criteria of a Cooperative Purchase as per Section 13.01 of the Purchasing Policy. Gym-Con is the authorized Robbins Inc. dealer under Canoe Procurement Group contract # 031022-RBI. In accordance with the Purchasing Policy, Item 13.01, the Manager may enter into arrangements with municipalities, local boards and other public bodies on a cooperative or joint venture basis where there are economic advantages and where the best interests of the City would be served. The purchase of the indoor flooring through this process meets this criteria. - 140 - CS 21-24 June 24, 2024 Subject: Indoor Pickleball Page 2 Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advocate for an Inclusive, Welcoming, Safe & Healthy Community. Financial Implications: 1. Tender Amount RFQQ2024-21 $223,300.00 HST (13%) Total Gross Tender Cost 29,029.00 $252,329.00 2. Estimated Project Costing Summary RFQQ2024-21 $223,300.00 Contingency 22,330.00 Total Project Cost $245,630.00 HST (13%) 31,932.00 Total Gross Project Costs $277,562.00 HST Rebate (11.24%) (27,609.00) Total Net Project Cost $249.953.00 3. Approved Source of Funds Approved Code Source of Funds Funds Available Funds Required C10220.2214 Rate Stabilization Reserve $188,920.00 $199,953.00 C10220.2214 Property Taxes 50,000.00 50,000.00 Total Funds $238,920.00 $249,953.00 Project Cost under (over) approved funds by ($11,033.00) The Soccer Dome Enhancement Project approved per Report FIN 14-22 has approximately $238,920.00 remaining in uncommitted funds from the upgrade Capital Budget (C10220.2214) for the Indoor Soccer Facility, which includes the additional $50,000.00 added as part of the 2024 Capital Budget. When including a 10 percent contingency to the project cost, it is recommended that the over expenditure of approximately $11,033.00 be funded from the Rate Stabilization Reserve. There is an opportunity for the City to sell the existing (old) flooring. The City would use GovDeals online auction services to dispose of or sell the flooring. The City uses GovDeals to sell old equipment, vehicles and furniture. A preliminary estimate for the sale of the used - 141 - CS 21-24 June 24, 2024 Subject: Indoor Pickleball Page 3 flooring could exceed $25,000.00. The proceeds from the sale of the flooring will be attributed to the project and, therefore, the project should be viewed as being under budget. Discussion: The purpose of this report is to award Quotation No RFQQ2024-21 for the removal of the existing court floor and replacement with a Pulastic floor that is better suited for pickleball play at the Pickering Soccer Centre. At the Council meeting of November 22, 2021, Council received Correspondence 57-21 regarding a Pickering Pickleball Petition and passed Resolution #727/21 directing staff, through the CAO, to report back to Council by January 24, 2022, regarding the options available to accommodate indoor Pickleball along with the associated financial obligations. On January 24, 2022, Council received Report CS 02-22 that provided an update on indoor pickleball options. The Pickering Soccer Centre was identified as a good location to expand indoor pickleball by retrofitting the existing space. On January 16 and 17, 2022, the City received 55 centimeters of snow that resulted in the collapse of the dome that forms the building shell of the Pickering Soccer Centre. This presented an opportunity to incorporate indoor pickleball courts into the reconstruction of the dome. At the Special Council meeting on August 18, 2022, Council received Report FIN 14-22 that outlined the plan to replace the dome. Resolution #972/22 provided direction to staff to change the soccer pitch field configuration to construct a permanent hard surface court that will accommodate four pickleball courts, futsal courts and a mobile stage. The four pickleball courts were intended to be available for eight hours per day, five days per week resulting in approximately 6,720 additional pickleball court hours per year. In consultation with the Pickering Football Club (PFC) that holds a lease to operate the facility, a hard court, that is roughly 72-0” feet (~22.0 m) by 196’-0” (~52.5 m), was constructed to accommodate pickleball, futsol and volleyball. Following the restoration of the dome, staff received feedback from pickleball players that the hard surface court flooring resulted in unusual ball bounce, resulting in a sub-optimal experience for pickleball play. At the Council meeting on February 26, 2024, Council received Report CS 01-24 (Resolution #415-24) providing an update on indoor pickleball solutions. Staff reported that the increased demand for court space and court times exceeded the indoor pickleball court facilities available within the City of Pickering. Improvements to court flooring at the Pickering Soccer Centre were recommended, to enable six indoor pickleball courts to be available for use as early as Fall 2024. For this reason, staff recommend replacing the existing court floor with a product that has been used for the sport and will be suitable for a domed facility. Subject to Council’s approval, the replacement flooring product will be ordered and installed during summer 2024 and is expected to be available for public use in September 2024. - 142 - CS 21-24 June 24, 2024 Subject: Indoor Pickleball Page 4 A. Consideration of Replacement Floor Products Providing a multisport flooring solution in the dome presents a challenge due to the large volume of unconditioned outdoor air that must be circulated through the building to maintain inflation of the dome. Normally, in a gymnasium, a sprung wood floor would be ideal, but is not practical in this case because of the high levels of humidity. Alternative flooring products were considered during the restoration of the soccer dome, but none could meet the schedule and delivery timelines save the Maple Select product by Sport Court, which had been recommended by PFC. It proved to be excellent for futsal and volleyball, but could not handle the weight of movable basketball nets and their heavy bases. The plastic floor tiles could occasionally result in unusual bounce making it difficult for pickleball play. As an alternative flooring, PFC have researched and recommended using the Pulastic Classic 110 poured rubber flooring product, manufactured by Robbins Inc. A variety of Pulastic products have been installed throughout the province and are in use at various facilities for pickleball. Specifically, it has been installed at the Saskatoon Pickleball Association’s local indoor venue. In researching flooring options, and discussions with Gym-Con, who are the Ontario distributor of this product, it was determined that the Pulastic Classic 110 is the best and appropriate floor for a dome environment. The Pulastic floor base thickness will match the existing floor thickness, avoiding any change in floor elevation. This would avoid creating trip hazards at existing doors and thresholds and eliminate the need to reset existing net post anchors at a cost savings of approximately $20,000.00. B. Consultation with the Pickering Football Club and Pickering Pickleball Club informed this recommendation. Representatives of PFC, First Pickleball Club and the City recently visited William Burgess Elementary School in Toronto, which has had the Pulastic Classic 110 product installed in their gymnasium for over three years. Custodial staff reported no issues, and the floor was found to be in excellent condition, even after being subjected to heavy daily use. The two representatives from the Pickering Pickleball Club took on several test rallies using both indoor and outdoor pickleballs and found the bounce and performance of the surface to be good and suitable for play. Mike Garvey, the President of the Pickering Pickleball Club later agreed by email that the Pulastic floor is suitable for pickleball. Robbins Inc. is a Vendor of Record with Canoe Procurement Group, a collaborative agency which the City is a member of, and therefore, meets the criteria of a Cooperative Purchase as per Section 13.01 of the Purchasing Policy. Gym-Con is the authorized Robbins Inc. dealer under Canoe Procurement Group contract # 031022-RBI. After careful review of the quotation received, staff recommend the acceptance of Quotation No. RFQQ2024-21 submitted by Gym-Con and that the total net project cost of $249,953.00 (net HST rebate) be approved. - 143 - CS 21-24 June 24, 2024 Subject: Indoor Pickleball Page 5 Attachment: None. Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Laura Gibbs, MBA, MSc. Cathy Bazinet, CPPB, NIGP-CPP Director, Community Services Manager, Procurement Original Signed By Vince Plouffe, OAA, MRAIC (Acting) Director, Operations Original Signed By Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer LG:snc Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 144 - Report to Council Report Number: ECD 03-24 Date: June 24, 2024 From: Fiaz Jadoon Director, Economic Development & Strategic Projects Subject: Corridor Design for a High Frequency Rail Station in Pickering -File: D-1600-002 Recommendation: 1.That Report ECD 03-24 regarding the Corridor Design for a High Frequency Rail Stationin Pickering completed by Weston Williamson & Partners (WW+P) be received; 2.That the appropriate City of Pickering officials be authorized to submit the confidentialinformation package entitled “City of Pickering – HFR Corridor Design” to VIA HFR-VIATGF.; 3.That the Mayor be requested to send a letter of support for the City of Pickering to be ahost community for a VIA HFR Station to VIA HFR-VIA TGF.; 4.That the City Clerk forward a copy of Report ECD 03-24 to the Minister of TransportCanada, the CEO of VIA HFR-VIA TGF., and to the Region of Durham; and, 5.That the appropriate City of Pickering officials be authorized to take the necessaryactions as indicated in this report. Executive Summary: The purpose of this report is to provide an update on the work conducted by Weston Williamson & Partners (WW+P) for the Conceptual Design of a proposed High Frequency Rail (HFR) Station in Pickering. The Toronto to Quebec City corridor is one of the most populated and economically active regions in Canada. An increase in public transportation between this corridor will significantly reduce the congestion, carbon footprint, and travel time within the region. In 2016, VIA Rail Canada (VIA) submitted a proposal to the federal government for a High Frequency Rail (HFR) service between the Toronto to Quebec City corridor. In 2022, The City of Pickering’s Economic Development & Strategic Projects Department collaborated with the Region of Durham’s Planning & Economic Development Department to propose a plan for an HFR station stop in Pickering. The plan included a jointly commissioned Business Analysis Study on the VIA HFR project by WSP with a proposed stop in Pickering (Resolution #873/22). Since 2022, Transport Canada and VIA have made significant progress on the HFR project, including releasing a Request for Qualifications (RFQ) to qualify bidders for the project, the formation of the HFR executive team, and releasing a Request for Proposals (RFP) to select from a group of qualified bidders. - 145 - ECD 03-24 June 24, 2024 Subject: Corridor Design for a High Frequency Rail Station in Pickering Page 2 In 2023, Members of Council approved the hiring of WW+P to undertake the Design of a HFR Station in Pickering (Resolution #337/23). The scope of work outlined how the proponent will develop a high-level, functional, concept plan (which includes corridor development) for an HFR Station. The final design incorporates the vital need of community space by incorporating the station stop with the district park, relocating heritage facilities to a dedicated space, and promotes the growing Agri-Tourism in Pickering, making it an enjoyable experience for all. Following the work conducted by WW+P, the next steps involve submitting the confidential information package entitled “City of Pickering – HFR Corridor Design”, that was provided to Council during an in-camera meeting on June 24th, to VIA HFR-VIA TGF. This would allow the City of Pickering to be one of the first municipalities to create and present a business analysis study and conceptual plan. This step will further enhance the City of Pickering’s proposal for an HFR Station stop in Pickering. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community. Financial Implications: This report contains no financial implications to the City of Pickering. Discussion: The purpose of this report is to provide Council with an update on the work conducted by WW+P for the Conceptual Design of a HFR Station in Pickering. The Toronto-Quebec City corridor is VIA-Rail Canada’s (VIA) busiest passageway with 3.6 million riders in 2019 alone. VIA’s passenger service experiences an increase in delays due to congestion caused by other operators utilizing the same rail lines, including Metrolinx, Canadian Pacific (CP), and Canadian National (CN). Thus, VIA submitted a proposal to the federal government in 2016 for a High Frequency Rail (HFR) service between the Toronto to Quebec City corridor using the Havelock Line of the Canadian Pacific Railway (CP). This proposal suggested dedicated rail lines for passenger service to bypass current issues and delays with freight trains on shared lines. The Government of Canada launched the procurement process of the HFR project through the announcement of a Request for Expressions of Interest (RFEOI). Additionally, the RFEOI was supported by a multi-year process that included a Request for Qualifications (RFQ) followed by a Request for Proposal (RFP) in March 2022. The Minister of Transportation also announced the establishment of the VIA Rail Subsidiary VIA HFR-VIA TGF. In partnership with the Region of Durham, the City hired WSP in April 2022 to conduct a Business Analysis Study on the VIA HFR project with a proposed stop in Pickering (Resolution #873/22). The report from WSP highlights potential for a Transit Oriented Community (TOC) surrounding the HFR station. Correspondingly, City staff presented the findings of the study - 146 - ECD 03-24 June 24, 2024 Subject: Corridor Design for a High Frequency Rail Station in Pickering Page 3 from WSP to the VIA HFR-VIA TGF team. The feedback was positive, and the VIA HFR-VIA TGF team recommended that the City of Pickering continue their work on the project. In October 2023, a Request for Proposals (RFP) was posted on the City’s bids&tenders website. Upon careful review of all proposals and relevant documents received, WW+P was selected as the highest qualified bidder. Council approved the hiring of WW+P in November 2023 (Resolution #337/23). The goal of the Corridor Design was to evaluate the policy framework and create a conceptual plan for a HFR Station in Pickering. During the information phase, it was crucial for the team at WW+P to gain a clear understanding of the project and the progress made thus far. In consultation with City staff, the deliverables identified were to produce a comprehensive conceptual plan for an HFR Station (and Corridor) within the targeted areas identified by the City of Pickering and to develop the design incorporating all relevant details. Additionally, the team was advised to consider the logistical restrictions outlined in the pre-existing report by WSP, which included data assumptions about the possible station location. Further to the WSP Business Analysis Study, two sites were determined to be the best fit (Attachment 1). WW+P was prompted to build upon the assumptions of the WSP report and conduct a conceptual design and planning vision to unlock the under-utilized lands within the Seaton Community and address a larger transportational need within Pickering, while also being responsive to the local community through consultation with key stakeholders. WW+P studied both Durham Region and the City of Pickering’s Official Plans. The evaluation also considered noise limitations, vibration, dust, light, safety, existing rail alignment, and odour studies. Following thorough evaluations, the north site (Scenario 1 in Attachment 1) was chosen as the preferred location out of the two identified sites. City staff advised WW+P to prioritize the preservation of parks and environmentally friendly structures, while also creating a hub which would directly link the station stop to the district park, heritage facilities, and Agri-Tourism. The final design from WW+P incorporates relocation of the heritage facilities to a dedicated space and promotes the growing Agri-Tourism in Pickering, which would support locally grown and produced products. The station design was thoroughly planned by WW+P who based the conceptual design on their expertise in delivering Transit Oriented Communities (TOC) and award-winning station design. The design of the station and new corridor are an integrated approach to building communities within cities and deploying a truly Canadian aesthetic that resonates with VIA Rail's values. Due to the sensitive commercial information regarding the competitive advantages of this project, Members of Council were provided a confidential information package entitled “City of Pickering – HFR Corridor Design” during an in-camera meeting prior to the June 24, 2024 Council Meeting. In the 2024 federal budget, the Government of Canada introduced legislative amendments to make VIA HFR-VIA TGF Inc. an Agent of the Crown, enabling VIA HFR-VIA TGF Inc. to deliver High Frequency Rail on behalf of the government. Budget 2024 also proposes to provide $371.8 million over six years, starting this year, to VIA HFR-VIA TGF Inc. and - 147 - ECD 03-24 June 24, 2024 Subject: Corridor Design for a High Frequency Rail Station in Pickering Page 4 Infrastructure Canada to advance design and development of HFR. Concurrently, the 2024 Field Study Program for VIA HFR, focusing on environmental factors like air quality and wildlife, is ongoing until December 2024, aiming to offer data to guide project decisions, prescribe protection if needed, and engage Indigenous Peoples to incorporate their knowledge and guidance in shaping project plans and development. It is therefore recommended that Council authorize staff to submit the confidential information package entitled “City of Pickering – HFR Corridor Design”, with a letter of support from the Mayor, to the VIA HFR-VIA TGF team. City Staff will also seek opportunities to engage key stakeholders including Ministry of Transportation (MTO), Metrolinx, Infrastructure Ontario (IO), Canadian Infrastructure Bank, and Transport Canada (TC) to enhance the City of Pickering’s proposal for a HFR Station in Pickering. Attachment: 1. Proposed Sites Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Usman Malik, B.Eng Fiaz Jadoon, Ec.D., CEcD, MPM, B.COMM Senior Officer, Economic Development Director, Economic Development & & Strategic Projects Strategic Projects FJ: um Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 148 - Attachment 1 to Report ECD 03-24 - 149 - Report to Council Report Number: ENG 09-24 Date: June 24, 2024 From: Richard Holborn Director, Engineering Services Subject: Shared E-Scooter Pilot Program -File: A-1440 Recommendation: 1. That Report ENG 09-24 regarding a Shared E-scooter Pilot Program be received; 2.That the staff be authorized to issue a ‘Request for Proposal’ to select a vendor to undertake and implement a Shared E-Scooter Pilot Program in the City of Pickering; 3.That a copy of this report be circulated to the Region of Durham, Durham Regional Police Service, Durham Region Transit, and all local Municipalities in Durham Region; 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: The purpose of this report is to obtain Council’s authorization to issue a Request for Proposal (RFP) to select a vendor to undertake and implement a shared e-scooter pilot program in the City of Pickering, and to provide Council with background information on shared e-scooter pilot programs. The Ontario Ministry of Transportation (MTO) launched a five-year pilot program (Provincial Pilot Project – Electric Kick Scooters – ON Reg. 389/19) to run from January 1, 2020, to November 27, 2024, to allow municipalities to choose where and how electric kick scooters (e-scooters) may be used. The MTO outlined that it is up to municipalities to pass by-laws to permit the use of e-scooters locally and determine where they can and cannot operate. The Region of Durham (Region) passed By-law 23-2022 on April 27, 2022, permitting the use of e-scooters on Regional roads including Regional roads in the City of Pickering (City), but not on roads under the jurisdiction of the City. To close this gap in connectivity for e-scooter users and have a consistent approach to e-scooters on all roads in Pickering, staff prepared the attached Electric Kick Scooter By-law No. 7992/23 (Attachment 1), which came into effect on February 27, 2023. The City’s E-scooter By-law is consistent with the regulations implemented by the Region including the restriction of the use of these devices anywhere other than roadways. The By-law also provides enforcement authority to the Durham Regional Police Service. To assess the potential impacts and uptake of a shared e-scooter pilot program in the City, staff are recommending that interested vendors be invited to participate in a pilot program through a competitive procurement process. Staff will develop terms of reference for the RFP - 150 - ENG 09-24 June 24, 2024 Subject: Shared E-Scooter Pilot Program Page 2 for the pilot program after the authorization to do so is received from the Council. Subject to Council approval to issue an RFP, staff anticipate that a vendor(s) would be selected by the end of 2024, and the program could commence in April 2025. This program is supported by the Council approved City’s 2021 Integrated Transportation Master Plan, which has vision of “growing the adoption of active transportation, which generally is focused on walking (including the use of mobility aids) and cycling but can also include other transportation modes such as rollerblading, riding a skateboard, or a kick scooter. Currently, cycling only represents 0.5% of all daily trips in Pickering, while walking accounts for 9% of daily trips. Increasing active transportation and transit use by introducing micro-mobility and first and last mile solutions such as e-scooters will help to alleviate pressure on Pickering’s existing and future transportation network.” The shared e-scooter pilot program will advance the recommendations from the City’s Integrated Transportation Master Plan to promote a safe, integrated and supportive transportation system and increase opportunities for transit and active transportation. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community. Financial Implications: There are no financial implications at this time. Based on review of other municipalities’ pilot programs, the capital and operating costs of the pilot project will be the responsibility of the vendors. Further, a shared e-scooter program may require additional staffing resources, including for By-law and Operations. Discussion: The purpose of this report is to obtain Council’s authorization to issue a Request for Proposal (RFP) to select a vendor to undertake and implement a shared e- scooters pilot program in the City of Pickering, and to provide Council with background information on shared e-scooter pilot programs. The MTO launched a five-year pilot program (Provincial Pilot Project – Electric Kick Scooters – ON Reg. 389/19) to run from January 1, 2020, to November 27, 2024, to allow municipalities to choose where and how e-scooters may be used. The MTO outlined that it is up to municipalities to pass by-laws to permit the use of e-scooters locally and determine where they can and cannot operate. Municipalities are working on new regulations and programs to adapt to these new technologies. The MTO e-scooter pilot program guidelines for municipalities stipulate that municipalities must inform MTO that they are participating in the pilot by contacting REO@ontario.ca. Furthermore, it notes that the municipalities are required to monitor all collisions involving e-scooters on roads within the municipality and provide semi-annual written reports to the ministry. - 151 - ENG 09-24 June 24, 2024 Subject: Shared E-Scooter Pilot Program Page 3 MTO will use the information gathered from municipalities during the pilot to help determine if e-scooters will be allowed permanently in Ontario and if so, what the rules will be regarding their operation. Enacting an e-scooter pilot program will be contingent on the MTO extending the e-scooter pilot program. Should the MTO not extend the program, the City may not have the ability to participate in a shared e-scooter pilot program. The RFP process would commence upon receiving approval from Council, and it is anticipated that a vendor(s) would be selected by the end of 2024. Based on a review of neighbouring municipality programs, the anticipated timeline for launching the shared e-scooter program in a typical year would be from the beginning of April to the end of October depending on weather conditions, commencing April 2025. A. What defines Micro-mobility & E-Scooter Micro-mobility refers to transportation over short distances provided by a range of small, lightweight vehicles operating at speeds typically under 25 km/h and driven by users personally. These include e-scooters. They are ideal transportation options for providing the first and last mile connections to transit services at mobility hubs and could potentially help ease congestion near major transit hubs. E-scooter is a vehicle that has: • two wheels (one at the front and one at the back) • a platform to stand on • a handlebar for steering • an electric motor that does not exceed 500 watts • a maximum speed of 24km/h on a level surface E-scooters are emerging across the world as an affordable and convenient micro-mobility option, particularly for people without access to a car, lack of sidewalks and those who do not live near transit stops or stations. E-scooters add another micro-mobility option to transportation road users for people who may not have the physical ability to use conventional bikes and scooters. They have shown that they can improve multi-modality and gaps within transit networks. There are people who may prefer using e-scooters instead of e-bikes because they take up less storage space and are easier to use regardless of balance skills. There is growing research that shows mental and physical health and environmental benefits of micro-mobility. E-scooters are more likely to replace vehicular trips for short distances because people can use them for longer distances and over challenging hills. B. Shared and Privately-owned E-scooters Privately owned e-scooters are vehicles that people purchase for their own use, and they are responsible for their charging, maintenance, and storage. - 152 - ENG 09-24 June 24, 2024 Subject: Shared E-Scooter Pilot Program Page 4 Shared e-scooters are different from privately owned e-scooters. Shared e-scooters can be rented from a service provider for a fee per minute or per distance travelled. For example, at the time of writing this report, the shared micro-mobility vendor Bird Canada indicate in their mobile phone app a rate of $0.35/minute with a minimum of $2.50 fee for usage. The fees can change anytime as the pricing is at the vendor’s discretion. Such vehicles are typically unlocked using an app and the user must return them to a designated area or risk being charged a monetary penalty. The service providers are responsible for operating and maintaining all their equipment, including the app needed to use the e-scooters. C. Region of Durham E-scooter By-law The Region’s and City’s ability to permit e-scooters depend on provincial and regional regulations, respectively. On April 27, 2022, the Region passed the Electric Kick Scooter By-Law 23-2022 permitting the use of e-scooters on Regional roads and consequently e-scooters are now permitted on Regional roads in the City of Pickering. D. City of Pickering E-Scooter By-law & Consultation Summary Following the Region’s By-Law 23-2022 being passed, the City’s Corporate Services staff drafted the City’s E-Scooter By-law No. 7992/23, which came into effect in February 27, 2023 (Attachment 1). It includes the following: • E-scooters are permitted on City streets but not on sidewalks, multi-use paths, parks, and trails. • E-scooters are limited to roads with a speed limit of 60km/h and lower, unless within a reserved bicycle lane. • Operators must be 16 years of age or older. • Operators under 18 years of age must wear a helmet. • No cargo can be carried on an e-scooter. • E-scooters must have a bell or horn and be equipped with a white or amber lamp at the front and red light at the rear. A public consultation was undertaken by the City’s Corporate Services staff from May 21, 2021, to January 29, 2023 to gather public opinion on the City’s draft by-law. The total number of engaged participants that registered and contributed to the survey was 144. Only 31% of the 144 survey participants owned an e-scooter. The key takeaways from survey were as follows: • 69% of the survey participants are in favour of the use of e-scooters on City roads • 96% of the survey participants agree that e-scooters should be used in bicycle lanes • 50% of the survey participants agree to prohibit use of e-scooters on sidewalks and pathways with 8% being undecided • 52% of the survey participants disagree that e-scooters should be prohibited in parks and on trails with 7% being undecided - 153 - ENG 09-24 June 24, 2024 Subject: Shared E-Scooter Pilot Program Page 5 • 62% of the survey participants are concerned with pedestrian safety • 58% of the survey participants feel all riders should be required to wear helmets, not only riders 18 years and under • 58% of the survey participants agree that a user must be at least 16 years of age to operate an e-scooter Another notable finding from the survey feedback was that the participants who own and ride e-scooters regularly disagreed with prohibiting them on sidewalks and pathways due to not having adequate bicycle lanes on City roads. E. Other Municipalities in the GTA Since the commencement of the MTO’s five-year long e-scooter pilot program, various municipalities such as the City of Brampton, City of Oshawa, and Town of Ajax, have opted in to participate in a pilot program to gather data on advantages and disadvantages of such programs and gauge local interest. The City of Brampton’s pilot program in 2023 exceeded expectations with significant positive community feedback and interest which allowed the City to see the program return for another year. They are using the services of a GTA-based micro-mobility company named Scooty. The Town of Ajax partnered with Canadian company Bird Canada for its shared e-scooter pilot program for the month of October in 2023. In April 2024, the program commenced for a second time and is expected to be completed at the end of this year. The Town of Ajax has not placed any restrictions on the use of e-scooters on trails, multi-use paths, and within parks. The City of Oshawa partnered with Canadian company Bird Canada and Singapore-based company Neuron Mobility to deliver a two-year ride-sharing pilot program at no cost to the City. The City of Oshawa’s webpage for their e-scooter pilot program notes that their ride-sharing vendors, Bird Canada and Neuron Mobility, have committed to responding to devices parked incorrectly within 15 minutes to one hour. It also notes that for complaints pertaining to privately owned e-scooters, residents can contact the City. In 2021, City of Toronto Council voted unanimously to ban e-scooters on any City of Toronto roads. They are not allowed to be operated, left, stored, or parked on any public street in Toronto including bicycle lanes, cycle tracks, trails, paths, sidewalks, or parks over concerns about safety related to e-scooters being ridden and littered on the sidewalk. F. The Existing Technology A micro-mobility share program is a service fully funded and operated by commercial businesses in which micro-mobility devices are made available to use for short-term rentals. Micro-mobility devices are generally rented and paid for through a mobile app. E-scooters can also be privately owned and are commercially available for purchase along with a wide variety of other unregulated micro-mobility devices. Shared micro-mobility programs in Canada are regulated provincially and municipally with robust regulatory frameworks in place. Based on researching what other municipalities are - 154 - ENG 09-24 June 24, 2024 Subject: Shared E-Scooter Pilot Program Page 6 doing, it is understood that the entire micro-mobility program, including all hardware (i.e. e-scooters), software and local program management, is typically provided for by the micro-mobility company at no direct cost to the municipality. A municipal shared micro-mobility program enables residents to simply download a free app onto their smartphone, locate a shared device, scan the QR Code located on the shared device via the smartphone app to unlock it, ride the shared device to their local destination where they would lock it via the app and park it in compliance with local municipal regulations, ready for the next rider. To date, regulated shared e-scooter programs are present in over 100 cities globally. In Canada, e-scooter share operations have existed in major cities across the country such as Calgary, Edmonton, Ottawa, and Windsor. Municipal programs for shared e-scooters in cities such as Ottawa and Windsor have regulations in place for shared e-scooter programs. For example, in Ottawa, Bird Canada has a signed binding agreement with the City of Ottawa covering such items as: • fees and securities • parking of shared e-scooters • removal of shared e-scooters • COVID-19 related sanitation • communication and education • non-performance (of contractual obligations) • data reporting to the City • insurance Depending on vendors’ products, some technology exists now that allows smart sidewalk protection which gives riders travelling on a sidewalk an audible alert and mobile notification before the vehicle is brought safely and smoothly to a stop by reducing throttle (disengaging the motor). It is known to be very uncomfortable riding these e-scooters without motor assistance. Additionally, there are technologies that exist that will encourage users to stay and park within the geofenced green operational area, which can be found via an app. It’s the same app that is used to make payments and rent shared e-scooters. Going outside this geofenced area will result in the user’s e-scooter sounding an alarm and disabling the electric power. The user will need to manually push the e-scooter back into the geofenced area. Geofencing technology uses GPS to create virtual boundaries around specific areas. E-scooter companies can use geofencing to restrict the speed or operation of e-scooters in certain zones, such as pedestrian-only areas, parks, or high-traffic zones. G. Insurance and Liability Concerns One of the main concerns, other than the concerns of improper parking and placement of the e-scooters such as blocking sidewalks, impacts on the movement and safety of vulnerable sidewalk users such as disability groups, children, elderly population etc., is related to - 155 - ENG 09-24 June 24, 2024 Subject: Shared E-Scooter Pilot Program Page 7 insurance and liability in the event of a collision, and property damage. As such, to reduce the probability of a collision taking place, staff recommend restricting the use of the shared e-scooters in winter months. Therefore, in a typical year the program will likely run from April to October, depending on weather conditions. Many of the risks can be addressed through providing etiquette and education and requiring vendors to identify their risk mitigation measures during the RFP process. Bird Canada has a general rental and use of vehicle policy which includes terms and conditions related to risk and responsibility. It is worth reiterating that the risks associated with privately owned e-scooters are more challenging to mitigate compared to shared e-scooters, given the City has no control over adjustments people can make to their own e-scooters. H.Advantages and Disadvantages The decision to participate in a shared e-scooter program must consider the potential advantages versus the disadvantages for both residents and the municipality. The table below outlines these considerations. For Residents For Municipalities Advantages • • Provides more transportation options that can be appropriatefor people with mobility or anyother limitations. Allows residents to take shorter trips (last mile/first mile). Forexample - potential to use ane-scooter to get home from theGO station if people miss the last DRT bus. • • • • • Contributes to meeting goals for a multi-modal transportationsystem and greenhouse gasreductions. Possibility to boost tourism and increase exposure to localbusinesses. Control over e-scooter’s speed. Possible to have the vendorprovide enforcement andeducation. Potentially reduce auto mode-share at congested areaswithin the City. Disadvantages • • Potential conflicts withpedestrian path obstructions. Risk of collision with pedestrians, notably pedestrians with disabilities if not trainedproperly (though the risks arenot very different fromconventional bikes). • • Increased conflicts withpedestrians and increased riskof collision (though the risks arenot very different from conventional bikes). Insurance products are notavailable for e-scooters. - 156 - ENG 09-24 June 24, 2024 Subject: Shared E-Scooter Pilot Program Page 8 For Residents For Municipalities •Littering (people may pick up •Increased demand for and dispose of the e-scooters in maintenance of on-road and off-unauthorized areas).road bike facilities. •Usage is contingent upon finding •Not feasible to enforce on trails a vehicle nearby through the app given jurisdictional powers and when one is neededimmediately.resources to enforce speeds. As noted earlier, the results from the municipal pilot programs will also inform the MTO’s decision on whether to permanently permit e-scooters in Ontario and regulations on how users operate e-scooters. In summary, a shared e-scooter pilot program will allow staff to assess the performance and operation of a micro-mobility system under a test environment and gather data to support recommendations for a permanent solution. It will support developing rules around their use in the City. It is an example of how the City can rethink the more conventional, auto-centric approach to transportation planning and infrastructure within the City. This program will also support the vision of growing an active transportation system, as identified in the City’s 2021 Integrated Transportation Master plan. Attachment: 1.City of Pickering E-Scooter By-law No. 7992/23 Prepared By: Approved/Endorsed By: Ridhita Ghose, P.Eng. Transportation Engineer Richard Holborn, P.Eng. Director, Engineering Services Nadeem Zahoor, P.Eng., M.Eng. Manager, Transportation & Traffic Jason Litoborski Manager, Municipal Law Enforcement Services Original signed by: Original signed by: Original signed by:Original signed by: - 157 - ENG 09-24 June 24, 2024 Subject: Shared E-Scooter Pilot Program Page 9 Cathy Bazinet Manager, Procurement RG:mjh Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original signed by: Original signed by: - 158 - The Corporation of the City of Pickering By-law No. 7992/23 Being a by-law to regulate the operation and use of electric kick-scooters in the City of Pickering. Whereas the Municipal Act, 2001, Highway Traffic Act and Ontario Regulation 389/19 allow municipalities to regulate the use of electric kick scooters, And Whereas the Council of the City of Pickering desires to allow the operation of electric kick-scooters on municipal roadways; And Whereas the Council of the City of Pickering desires to restrict the use of electric kick-scooters on certain municipal property. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.Short Title 1.1. This By-law may be referred to as the “E-Scooter By-law”. 2.Definitions In this By-law: 2.1 “boulevard” means all parts of a highway including the sidewalk, but excluding the roadway and shoulder. 2.2 “cargo” means goods carried on an electric kick-scooter by putting them on a platform, basket or container for carrying parcels or goods. Purses, backpacks or bags that are safely and securely attached to the operator are not considered cargo. 2.3 “Chief of Police” means the Chief of Police of the Durham Regional Police Service or an authorized representative. 2.4 “City” means the geographic area of the City of Pickering or The Corporation of the City of Pickering, as the context requires. 2.5 “e-scooter” means an electric kick-scooter vehicle that has: (a)two wheels placed along the same longitudinal axis, one placed at the front of the kick-scooter and one at the rear, (b)a platform for standing on between the two wheels, (c)a steering handlebar that acts directly on the steerable wheel, (d)an electric motor not exceeding 500 watts that provides a maximum speed of 24kilometres per hour, and Attachment 1 to Report ENG 09-24 - 159 - By-law No. 7992/23 Page 2 (e)a maximum weight of 45 kilograms (kg) and wheels with a diameter of more than430 millimetres. 2.5 “highway” has the same definition as in subsection 1 (1) of the HTA. 2.6 “HTA” means the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended. 2.7 “multi-use pathway” means an in-boulevard path physically separated from motor vehicle traffic for use by cyclists, pedestrians and other non-motorized users. 2.8 “official sign” means a sign required by or erected on behalf of any federal, provincial, regional, or municipal government or agency thereof or board or commission or public utility, including, but not limited to, signs designating hospitals, schools, libraries, community centres, arenas or other public government uses. 2.9 “pedestrian” means, (a)a person on foot; (b)a person in a wheelchair; or (c)a child in a carriage, stroller or play vehicle. 2.10 “Region” or “Regional” means the municipal corporation of The Regional Municipality of Durham or the geographic area as the context requires. 2.11 “reserved bicycle lane” means those parts of the highway set aside for the use of cyclists and designated by an official or authorized sign or by pavement markings. 2.12 “roadway” means that part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and, where a highway includes two or more separate roadways, the term “roadway” refers to any one roadway separately and not to all of the roadways collectively. 2.13 “shoulder” means that part of the highway immediately adjacent to the roadway and having a surface which has been improved for the use of vehicles with asphalt, concrete or gravel. 2.14 “sidewalk” means those parts of a boulevard set aside for the use of pedestrians. 2.15 “vehicle” includes a motor vehicle as defined in the HTA. Application and Interpretation 3.1 This By-law applies to the City of Pickering. Prohibition 4.1 No person shall operate, or cause to be operated, or use an e-scooter on a highway or any other property under the jurisdiction of the City unless: - 160 - (a)permitted by and in accordance with the provisions of the HTA and OntarioRegulation 389/19, as amended; (b)permitted by and in accordance with any applicable traffic by-laws; and (c)permitted by and in accordance with the provisions of this By-law. 4.2 No person shall operate, or cause to be operated, or use an e-scooter on a highway with a legal speed limit greater than 60 kilometres per hour, unless within a reserved bicycle lane. 4.3 No person shall operate, or cause to be operated, or use an e-scooter where cycling, skateboarding or rollerblading is prohibited. 4.4 No person shall operate, or cause to be operated any e-scooter on any sidewalk, trail, park or multi-use pathway under authority of the City. General Regulations 5.1 No person under the age of 16 years shall operate an e-scooter. 5.2 No person under the age of 18 years old shall fail to wear a helmet that complies with the HTA when operating an e-scooter. 5.3 No person operating an e-scooter shall carry any other person thereon. 5.4 No person operating an e-scooter shall tow another person, vehicle or device. 5.5 No person operating an e-scooter shall attach himself or herself to another e-scooter, vehicle or device for the purpose of being drawn or towed. 5.6 No person operating an e-scooter shall operate it in any position other than while standing at all times. 5.7 No cargo may be carried on an e-scooter. 5.8 No person shall park or stop an e-scooter or permit an e-scooter to remain parked or stopped on a roadway, shoulder, boulevard or any other public property in Pickering unless authorized by the City of Pickering. Safe Operation 6.1 The operator of an e-scooter shall keep a safe distance of at least one metre from pedestrians and other users of the roadway or shoulder at all times and shall give way to a pedestrian or bicycle by slowing or stopping where there is insufficient space for the pedestrian or bicycle and the e-scooter to pass. 6.2 Where reserved bicycle lanes are provided on a highway, an e-scooter shall only be operated in the reserved bicycle lane. 6.3 Where no reserved bicycle lanes exist on a highway where e-scooters are permitted to operate, the operator of an e-scooter shall ride as close as practicable to the right-hand curb or edge of the roadway or on the paved shoulder. - 161 - By-law No. 7992/23 Page 4 6.4 No person shall operate an e-scooter within a crosswalk or pedestrian crossover, as defined in the HTA. 6.5 Every e-scooter shall be equipped with a bell or horn which shall be kept in good working order and sounded to notify cyclists, pedestrians or others of its approach. 6.6 When operated at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles are not clearly discernible at a distance of 150 metres or less, every e-scooter shall carry a lighted lamp displaying a white or amber light at the front and a lighted lamp displaying a red light at the rear. The lamps may be attached to the e-scooter or may be carried or worn by the operator on his or her person. 6.7 No person shall operate or use an e-scooter in such a manner that it may harm, injure or damage, either directly or indirectly, any person or property. Enforcement 7.1 The provisions of this by-law may be enforced by a police officer pursuant to subsection 42(1)(h) of the Police Services Act, R.S.O. 1990, c. P.15. Offences and Fines 8.1 Every person who contravenes any of the provisions of this By-law is guilty of an offence. 8.2 Every person who is convicted of an offence is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended. Effective Date 9.1 , 2023 and shall be repealed on This By-law shall come into force on February 27th the earlier of: (a)the revocation of Ontario Regulation 389/19: Pilot Project – Electric KickScooters; and (b)November 27, 2024. By-law passed this 27th day of February, 2023. Original Signed By________________________________ Kevin Ashe, Mayor Original Signed By________________________________ Susan Cassel, City Clerk- 162 - Report to Council Report Number: FIN 09-24 Date: June 24, 2024 From: Stan Karwowski Director, Finance & Treasurer Subject: Annual Treasurer’s Statement Report -Summary of Activity for the Year Ended December 31, 2023-- File: F-4920-001 Recommendation: 1.That Report FIN 10-24 of the Director, Finance & Treasurer entitled “Annual Treasurer’s Statement Report: Summary of Activity for the Year Ended December 31, 2023” as required by the Development Charges Act and Planning Act bereceived for information; 2.That the City of Pickering’s “Annual Treasurer’s Statement Report” be madeavailable to the public on the City of Pickering’s website; and, 3.That the appropriate City of Pickering officials be given authority to take the necessary actions to give effect thereto. Executive Summary: The purpose of this report is to provide an update on the legislated Reserve Funds as of December 31, 2023. Development Charges (DC) are collected by the City for the sole purpose of funding necessary infrastructure for new residents and businesses. All DC funds collected can be used only for the purpose in accordance with the Development Charges Act, 1997 (DCA). These funds are collected so that existing property owners are not unduly burdened by the cost of growth related infrastructure. The attached DC Statements are being provided for information in accordance with requirements of the DCA. The purpose of this report and associated statements is to ensure that all transactions related to development charges have been correctly accounted for and reported, as stipulated under the DCA. Section 43 of the DCA requires that the Treasurer provides Council with a financial statement relating to the Development Charges By-law and reserve fund established for each service as established under Section 33 of the DCA. Attachment 1 provides pre-audit details of the activity of the Development Charges Reserve Fund (DCRF) for the year ended December 31, 2023, in the manner prescribed by section 43(2)(a) of the DCA. Attachment 2 provides pre-audit details on information related to assets funded by the development charges by-law as stipulated by section 43(2) (b) of the amended DCA. - 163 - FIN 09-24 June 24, 2024 Subject: Annual Treasurer’s Statement Report Page 2 _____________________________________________________________________ Section 42 under the Planning Act, requires the Treasurer of the municipality to provide Council with a statement relating to the status of the cash-in-lieu of parkland reserve fund. This requirement is a result of the passage of Bill 73, Smart Growth for our Communities Act. Section 37 under the Planning Act, requires the Treasurer of the municipality to provide the Council with a statement relating to the increases in height and density of development. Under City’s By-law No. 7590/17 and 7954/22, these reserve funds were established as the Public Benefits Reserve Fund and Community Benefit Charges Reserve Fund, respectively. Legislation requires Council to ensure that these statements are made available to the public. These statements will be posted on the City’s website to facilitate compliance with the amendment. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Corporate Key to Deliver on Good Governance – Open & Transparent Decision Making. Financial Implications: During the three-year period from 2021 to 2023 development charges collected were approximately $9.12 million in 2021, $14.07 million in 2022 and $29.70 million in 2023. The City saw an increase of DC collections of approximately 110% from 2022 to 2023. The main reason for this increase is due to multiple Site Plan Agreements being approved in 2023 for large developments, with developers subsequently pulling their building permits and paying their DC fees. Some of these large developments includes Universal City (1496 Bayly Street), Tribute Limited (Bayly Street), Brock Dersan Development Inc and Caplink Limited (Highway 7). Attachment 1 provides a breakdown of the various DC service categories. Two of the service categories are in a negative position (before commitments) due to DC funding for the new Operations Centre and the new financial system. The negative balances will be addressed through DC fees collected from current growth related activity, as these negative balances were included in the 2022 DC Background Study and will be included in the next DC Study, which is expected to be completed in 2025. The overall positions of the Development Charges Reserve Fund for the period of 2018 to 2023 is presented below. - 164 - FIN 09-24 June 24, 2024 Subject: Annual Treasurer’s Statement Report Page 3 _____________________________________________________________________ Development Charges Reserve Fund Summary – 2018 to 2023 2018 2019 2020 2021 2022 2023 Opening Balance 48,100,585 58,789,415 62,598,255 69,376,247 77,078,827 84,230,905 Collections 13,033,850 7,386,544 12,492,201 9,118,065 14,067,449 29,700,179 Investment Income 918,412 1,268,310 1,056,032 813,946 1,407,016 3,992,553 Bill 23 Top-up 0 0 0 0 0 3,738,095 1 Use of Funds (3,263,432) (4,846,014) (6,770,241) (2,229,431) (8,322,387) (6,414,783) Ending Balance 58,789,415 62,598,255 69,376,247 77,078,827 84,230,905 115,246,949 Budget Commitments (19,089,535) (27,144,954) (36,469,498) (60,687,888) (64,143,674) (67,345,372) End Bal After Budget Commitments (Deficit) 39,699,880 35,453,301 32,906,749 16,390,939 20,087,231 47,901,577 2 1 City had to fund the DC revenue loss due to Bill 23; this amounted to $3,738,095 in 2023 2 Excludes Pickering Heritage Community Centre (PHCC) construction award (issued in 2024) The Treasurer’s Statement for the Parkland, Public Benefits and Community Benefit Charges Reserve Funds as required under the Planning Act is as follows: Parkland ($) Public Benefits ($) Community Benefit Charges ($) Open Balance January 1, 2022 5,850,226 269,251 (5,671) Revenues Developer/Third Party Contributions 1,103,210 0 456,865 Interest Income 244,707 10,528 14,198 Total Revenue 1,347,917 10,528 471,063 Expenses Transfers to Capital Fund (1,316,797) 0 (3,338) Net Change for the Current Year 31,120 10,528 467,725 GL Bal. before commitments December 31, 2023 5,881,346 279,779 462,054 Budget Commitments 2023 & Prior (2,122,180) (279,779) (489,819) Funds Balance after Budget Commitments 3,759,166 0 (27,765) Amendments were made to the Planning Act in 2020 with the passage into law of Bill 197 – COVID-19 Economic Recovery Act. This bill allows municipalities to impose a - 165 - FIN 09-24 June 24, 2024 Subject: Annual Treasurer’s Statement Report Page 4 _____________________________________________________________________ Community Benefit Charge (CBC), which will allow single-tier and lower-tier municipalities to collect fees from developer’s (on top of Development Charges and Parkland Dedication) to pay for capital costs of community facilities and administrative studies. The Community Benefit Charge can only be imposed if a development/redevelopment requires a passing of zoning by-law (or an amendment) under section 34 of the Planning Act, the approval of a minor variance under section 45 or an approval of a plan or subdivision under section 51. However, a CBC would not be imposed if the development is less than 5-storeys or less than 10 residential units. The CBC replaces the current Public Benefits Reserve Fund under Section 37 (increased density allocations). The residual funds remaining in the Public Benefits Reserve Fund is committed to a parks related capital project and the Reserve Fund will be closed upon completion of this project. Discussion: The purpose of this report is to provide an update on the legislated Reserve Funds as of December 31, 2023. Funds are not transferred out of the Development Charges Reserve Fund for projects until the funds are actually needed, as required by applicable accounting rules. This ensures that the reserve fund continues to earn interest income on the unspent monies until such time as actual expenses are incurred. The total pre-audit reserve fund balance of $115.2 million represented in Attachment 1 represents the unspent monies as at December 31, 2023. Please note that there are approximately $67.3 million of committed capital projects, ongoing studies, and financial obligation that have been approved in prior years, but have not proceeded or are still ongoing as of December 31, 2023. Of these commitments, approximately $13.6 million or 20 percent relate to the Pickering Heritage Community Centre. However, when you consider the 401 Bridge and Road Crossing and the Seaton Recreation Complex projects at their current estimated projected costs, sometime in the near future, there is a possibility that all of the DC components will be in a deficit position. Having various DC components in a deficit position is not unusual when you consider that the City is now transitioning from a moderate to a higher growth scenario due to Seaton and downtown area intensification. As presented in Attachment 1, there is approximately $17.5 million in outstanding debenture commitments across three service categories. These debenture commitments are: • new Operations Centre - $9.4 million • construction of Fire Station #1 - $7.3 million • purchase of land in north Seaton for a new Fire Station - $0.8 million The total projected net surplus position after all budget expenditures, was approximately $47.9 million for the year-ended December 31, 2023. - 166 - FIN 09-24 June 24, 2024 Subject: Annual Treasurer’s Statement Report Page 5 _____________________________________________________________________ In order to meet the requirements under section 43(2.1) of the amended DCA and section 37 and 42 of the Planning Act, it is recommended that these statements be placed on the City’s website upon approval by Council. Attachments: 1. 2023 Statement of the Treasurer – Development Charges Reserve Fund (Pre-Audit) 2. Amount Transferred to Assets – Capital & Current Funds Transactions (Pre-Audit) Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Jason Bekramchand, CPA Stan Karwowski, CPA, CMA, MBA Senior Financial Analyst – Capital & Director, Finance & Treasurer Debt Management Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 167 - Attachment 1 to Report FIN 09-24City of Pickering 2023 Statement of the Treasurer - Development Charges Reserve Fund - (Pre Audit)DC Act S 43 (2)(a) For the year ended December 31, 2023 Services to which the Development Charges Relates 8601 8602 8603 8604 8605 8606 8607 8608 Description Fire Protective Services Transportation Other Services Related to a Highway (Deficit) Storm Water Mgmt Studies (Deficit)Parks & Recreation Library: Facilities & Materials By-Law Services Enforcement Total $ $$$$$$$$ Opening Balance, January 1, 2023 3,270,777 32,488,091 (1,394,904)4,355,002 (1,478,782)39,739,253 7,247,848 3,620 84,230,905 Plus: Development Charges Collections 1,748,338 6,018,095 1,032,450 647,245 408,098 16,692,294 3,050,064 103,595 29,700,179 Bill 23 Top Up 236,351 61,522 150,112 92,559 46,985 2,642,651 486,844 21,071 3,738,095 Interest Income-Internal Investment 1,380 13,711 - 1,838 - 16,771 3,059 2 36,760 Interest Income-Negative Balance 4,948 49,151 (56,637) 6,589 (75,143) 60,122 10,965 5 (0) Interest Income -External Investment 151,029 1,493,770 - 202,736 - 1,858,421 339,121 149 4,045,227 Less: Admin Fee (3,358) (33,357) - (4,471) - (40,802) (7,442) (4) (89,434) Sub-Total 2,138,689 7,602,891 1,125,925 946,496 379,940 21,229,456 3,882,611 124,818 37,430,826 Less: 2023 Transfer to Capital Funds 1 (1,866,107) (1,087,199) - (314,986) (53,755) (1,361,099) (169,098) (18,002) (4,870,246) 2023 Transfer to Current Funds 1 (543,426) 3 - (452,295) 3 (15,717) (176,231) (310,345) 3 (46,523) - (1,544,537) Sub-Total 2023 (2,409,532) (1,087,199) (452,295) (330,703) (229,987) (1,671,444) (215,621) (18,002) (6,414,783) Closing Balance, December 31, 2023 before Budget Commitments 2,999,934 39,003,784 (721,274)4,970,794 (1,328,829)59,297,265 10,914,839 110,436 115,246,949 Less Budget Commitments 2 (753,465) (16,507,490) (2,118,879) (3,732,154) (553,019) (21,972,466)(1,308,120)(2,901,986) (49,847,579) Less Debt Charges Commitments 4 (8,077,187) - (5,770,864) - - (3,649,741) - - (17,497,793) Sub-Total Budget Commitments (8,830,653) (16,507,490) (7,889,744) (3,732,154) (553,019) (25,622,207) (1,308,120) (2,901,986) (67,345,372)Closing Balance, December 31, 2023 after Budget Commitments-(Deficit)(5,830,719) 22,496,294 (8,611,018) 1,238,640 (1,881,848) 33,675,058 9,606,719 (2,791,550) 47,901,577 Notes 1. See Attachment 2 for detailed breakdown. 2. Budget commitments include capital projects previously approved, but have not proceeded or still ongoing. 2023 & Prior Commitments. 3. Annual principal & interest payment related DC debenture financing 4. Includes outstanding principal & interest payments related to DC debenture financing The Municipality is compliant with s.s.59.1(1) of the Development Charges Act,whereby charges are not directly or indirectly imposed on development nor has a requirement to construct a service related to development been imposed, except as permitted by the Development Charges Act or another Act. - 168 - 1 of 4 Attachment 2 to Report FIN 09-24City of PickeringAmount Transferred to Assets - Capital & Current Fund Transactions (Pre-Audit)DC Act S 43 (2)(b)For the year ended December 31, 2023 DC Recoverable Cost Share Non - DC Recoverable Cost Share Description Project Code Gross Capital Costs DC RF 5: Funded in prior years DC RF 5: Funded in 2023 DC RF 5: Future Funding 1 Other Reserves/Re serve Funds Type of Funds (R=Reserve, RF=Reserve Fund) Property Taxes Other Sources Type Total Funding Development Related Studies New Financial System C10600.1801 5,000,000 1,484,151 53,755 418,594 1,743,500 R-Rate Stabilization 1,300,000 R-Financial System 5,000,000 Comprehensive Zoning By-law Review-Phse 1 to 3 10105-502230 449,311 213,942 78,284 5,711 151,373 449,311 Northeast Pickering OPA - Background studies 10105-502230 566,053 38,745 79,172 46,238 401,898 Third Party Contribu 566,053 Facilities Renewal Plan 10325-502230 135,000 0 18,775 48,725 67,500 R-DC City's Share 135,000 Official Plan Review Background Study 10105-502230 50,000 0 0 33,750 16,250 50,000 Sub-total Studies 6,200,364 1,736,837 229,987 553,019 1,811,000 - 167,623 1,701,898 6,200,364 Fire Protection Services Seaton- New Fire Hall-Site Preparation, Other Construction ReC10700.1601 1,066,290 330,876 3,936 529,840 201,637 R-DC City's Share 1,066,290 FS #1 New Fire Station & HQ (Seaton) Bunker Gear & Breathin C10700.1901/2008/ 2102/2201 442,453 254,570 99,464 88,419 442,453 Aerial Ladder Truck (Seaton Fire Station #1) - New - Aerial LadC10700.1903 1,510,641 59,046 1,402,038 12,044 37,513 RF - Seaton Land Grp FIA 1,510,641 Seaton FS#1- New Fire Station & H.Q.Re-design - Design and C10700.2007 485,704 369,885 83,719 19,956 12,143 R-DC City's Share 485,704 FS #1 New Fire Station & HQ (Seaton) - Construction DC Debt 11100 8,136,830 477,091 396,409 7,263,330 2 8,136,830 Small Vehicle (Seaton Fire Station A) - New C10700.2105 38,372 - 37,412 0 959 R-Vehicle 38,372 FS #1 New Fire Station & HQ (Seaton) - FF&E C10700.2107 356,160 19,984 204,910 21,456 109,810 RF - Seaton Land Grp FIA 356,160 Fire Hall Technology - Seaton C10405.2101 39,076 3,473 34,626 0 977 RF - Seaton Land Grp FIA 39,076 Seaton North FS - Land (Debt charges)11100 1,166,324 236,200 116,267 813,858 2 1,166,324 Fire Master Plan 10700-502230 150,000 - 30,751 81,749 37,500 R-DC City's Share 150,000 Sub-total Fire Services 13,391,849 1,751,125 2,409,532 8,830,653 399,580 0 959 13,391,849 By-Law Enforcement Services Animal Shelter - Design & Construction C10430.2101 9,739,000 20,240 18,002 2,901,986 3,429,292 RF - Animal Shelter & R-City's Share 3,369,480 Debt 15-Yr 9,739,000 Sub-total By-Law Enforcement Services 9,739,000 20,240 18,002 2,901,986 3,429,292 0 3,369,480 9,739,000 Transportation BR-1 Third Concession Road - Brock Road to 425m East (T/L) C10575.1101 1,403,947 350,987 0 0 351,263 R-City's Share & RF-FGT 701,697 Debt 15-Yr 1,403,947 B-29 Sandy Beach Road - EA, Design, Construction C10575.1609 5,895,000 163,318 0 2,784,182 2,647,500 R-AIP & R-DC City's Share 300,000 Loan 10-Yr 5,895,000 Walnut Lane Extension Study & EA, Design, Construction (relaC10575.1801 9,021,226 316,581 21,016 6,428,321 2,255,307 R-DC City's Share 9,021,226 DH-4 Valley Farm Road - Road Oversizing - DH-4 Valley Farm C10575.1804 288,000 91,849 0 167,351 28,800 R-DC City's Share 288,000 B-29 Sandy Beach Rd. - Road Reconstruction Phase 1 - Sandy C10575.1904 2,000,000 - 0 1,000,000 1,000,000 R-DC City's Share 2,000,000 - 169 - 2 of 4 City of PickeringAmount Transferred to Assets - Capital & Current Fund Transactions (Pre-Audit)DC Act S 43 (2)(b)For the year ended December 31, 2023 DC Recoverable Cost Share Non - DC Recoverable Cost Share Description Project Code Gross Capital Costs DC RF 5: Funded in prior years DC RF 5: Funded in 2023 DC RF 5: Future Funding 1 Other Reserves/Re serve Funds Type of Funds (R=Reserve, RF=Reserve Fund) Property Taxes Other Sources Type Total Funding B-26B A-11 (Plummer Street)C10575.2001 364,045 - 0 273,033 91,012 R-DC City's Share 364,045 Highway 401 Road Crossing Design C10575.2002 3,478,460 18,512 7,490 1,574,090 1,391,384 Third Party Contribution 486,984 Loan 2-Yr 3,478,460 Hwy 401 Road Crossing - Land Acquisition - Phase 1 C10575.2004 4,887,626 1,116,222 937,626 133,778 700,000 RF- Roads & Bridges 2,000,000 Third Party Contribution 4,887,626 Hwy 401 Road Crossing - Land Acquisition - Phase 2 C10575.2004 10,934,876 4,966,534 0 9,698 4,373,950 Debt-20 Yr 1,584,694 Loan 2-Yr 10,934,876 City Dev Projects-DCRF committed 5,300,200 - 0 3,103,850 4 2,196,350 R-DC City's Share 0 5,300,200 Sidewalks W0-2,WO-10 Kingston Rd & Altona C10515.1603/1801 294,262 7,912 121,067 18,152 147,131 R-DC City's Share 0 294,262 1 Ton Dump Truck with Aluminum Body, Plow and Salter - New C10315.2113 273,142 - 0 273,142 273,142 Scarborough/Pickering Townline Road Reconstruction - Finch AC10570.2207 1,005,300 10,939 0 491,711 305,150 R-DC City's Share 197,500 Third Party Contribution 1,005,300 DH-3 Tillings Road - Road Oversizing C10575.1803 294,800 15,140 0 250,180 29,480 R-DC City's Share 294,800 Sub-total Transportation 45,440,884 7,057,993 1,087,199 16,507,489 15,517,327 0 5,270,875 45,440,883 Stormwater Management B-20 D Krosno Creek SWM Facility Design & Construction C10575.1904 2,280,400 - 0 1,094,592 1,185,808 R-DC City's Share 2,280,400 Breezy Drive/Sunrise Ave. Storm Sewer Outfall Reconstruction C10575.1903 1,446,300 24,862 308,360 28,352 1,084,725 R-DC City's Share 1,446,300 Installation of Oil Grit Separators - Installation of Oil Grit Separators FC10575.1903 300,900 - 0 85,310 215,590 R-DC City's Share 300,900 Krosno Creek Culvert Replacements & Erosion Control Construction C10575.1910 4,800,000 68,661 6,626 2,228,713 2,496,000 R-DC City's Share 4,800,000 Installation of Oil Grit Separators - Frenchman's Bay C10575.2203 349,000 - 0 99,000 250,000 R-DC City's Share 349,000 City Centre Storm Water Mgmt Strategy 10510-502230 249,156 20,476 8,508 195,257 24,916 R-DC City's Share 249,156 Pine Creek Erosion Assessment Municipal Class EA Study 10510-502230 76,524 1,580 7,209 930 66,805 76,524 Sub-total Stormwater Management 9,502,280 115,579 330,703 3,732,154 5,257,039 9,502,280 Other Services Related to a Highway 5 Ton Dump Truck with Snow Plow & Wing C10315.2222 404,000 0 0 404,000 0 404,000 4 Ton Dump Truck with Snow Plow, Wing & Brine Tank (2)C10315.2223 804,400 0 0 804,400 0 804,400 City Centre Transportation Master Plan 10500-502230 261,727 67,031 40,743 127,779 0 26,173 261,727 Sidewalk Plow with Attachments - New C10305.2305 175,000 0 0 175,000 0 175,000 4 Ton Dump Truck with Snow Plow & Wing C10315.2205 387,700 0 0 387,700 0 387,700 1 Ton Truck with Tailgate C10315.2306 110,000 0 0 110,000 0 110,000 1 Ton Dump Truck with Tailgate Lift C10315.2312 110,000 0 0 110,000 0 110,000 Operations Centre-Debt Charges 61% of total debt charges 11100 8,279,058 2,096,643 411,551 5,770,864 2 0 8,279,058 Sub-total 10,531,885 2,163,674 452,295 7,889,744 0 10,531,885 - 170 - 3 of 4 City of PickeringAmount Transferred to Assets - Capital & Current Fund Transactions (Pre-Audit)DC Act S 43 (2)(b)For the year ended December 31, 2023 DC Recoverable Cost Share Non - DC Recoverable Cost Share Description Project Code Gross Capital Costs DC RF 5: Funded in prior years DC RF 5: Funded in 2023 DC RF 5: Future Funding 1 Other Reserves/Re serve Funds Type of Funds (R=Reserve, RF=Reserve Fund) Property Taxes Other Sources Type Total Funding Parks & Recreation Services Indoor Soccer Facility and Land - Design & Construction of Ind C10220.1401 7,296,605 3,369,586 0 114,543 78,375 R-DC City's Share 101 3,734,000 Debt 15-Yr 7,296,605 Duffin Heights Village Green (East)-New C10320.1708 190,000 5,670 0 161,055 23,275 190,000 Duffin Heights Neighbourhood Park Construction C10320.1808 695,000 19,666 0 599,459 75,875 R-DC City's Share 695,000 Seaton (P103) Village Green Construction C10320.1816 210,000 - 0 184,275 25,725 RF-FIA 210,000 Village Green Seaton P-114 (88/12)C10320.1909 222,000 - 1,469 193,336 27,195 RF-Parkland 222,000 Seaton Parks P-123, P-112, P-113, P-126, P-127, P-121 C10320.2023-2025, 2118, 2119, 2205 5,815,000 - 5,669,500 145,500.00 RF-Seaton FIA 5,815,000 Pickering Heritage & Community Ctr (Design)-Community Ctr component C10220.2011 1,503,779 152,752 34,137 11,895 753,943 4 R-Rate Stabilization: $693K RF-DC City's Share: $61K 551,052 RF-DC Library Facilities 1,503,779 PHCC Project Management C10220.2011 450,000 - 0 42,630 76,500 4 R-DC City's Share 330,870 Grant-Fed: $300k RF-DC Library Facilities: $30,870 450,000 PHCC - Construction C10220.2011 38,889,000 16,843 44,510 12,354,595 1,116,502 4 RF-DC Library Facilities 25,356,550 Grants: $16.50M Debt 20-Yr: $8.37MCBC RF: $489K 38,889,000 Rotary Frenchman's Bay West Park Waterfront Master Plan C10320.1912 2,730,488 263,687 954,059 147,498 1,365,244 R-DC City's Share 2,730,488 Rotary Frenchmans Bay West-Accessibility C10320.1913 1,426,819 413,836 292,474 7,100 713,409 R-DC City's Share 1,426,819Seaton Community Centre - Preliminary Planning, Investigations & Design C10260.2101 150,000 - 23,452 114,998 11,550 RF-Seaton FIA 150,000 Skate Board Park - West Shore C10320.2124 198,666 98,608 725 0 99,333 R-DC City's Share 198,666 Skate Board Park - Community Size - Design & Construction C10320.2134 920,000 2,798 457,202 460,000 R-DC City's Share 920,000Operations Centre - DC Debt Charges, 39% of total debt charges 11100 5,253,341 1,340,476 263,123 3,649,741 2 0 - 5,253,341 Various Park Vehicles C10305.2306, C10320.2313, 2316, 2321-2323 666,885 - 20,186 646,699 0 666,885 C10320.2303- Creekside Park – Expansion C10320.2303 110,000 - 0 107,200 2,800 R-DC City's Share 110,000 C10320.2305- Village Green - Four Seasons Lane C10320.2305 960,000 - 0 936,000 24,000 R-DC City's Share 960,000 C10320.2318-Tennis/Pickleball Court-ShadybrookPark C10320.2318 400,000 - 1,196 98,804 300,000 R-DC City's Share 400,000 C10320.2332- Park Block at Old Ops Centre Site C10320.2332 50,000 - 0 25,000 25,000 R-DC City's Share 50,000 10200 - Parks & Rec Masterplan (2023)10200-502230 197,200 - 47,222 100,678 49,300 197,200 City Centre Bridge C11100.2004 0 11,109 -11,109 0 0 0 Sub-total 68,334,782 5,695,031 1,671,444 25,622,207 5,324,226 49,401 29,972,472 68,334,782 Library Facilites & Materials - 171 - 4 of 4 City of PickeringAmount Transferred to Assets - Capital & Current Fund Transactions (Pre-Audit)DC Act S 43 (2)(b)For the year ended December 31, 2023 DC Recoverable Cost Share Non - DC Recoverable Cost Share Description Project Code Gross Capital Costs DC RF 5: Funded in prior years DC RF 5: Funded in 2023 DC RF 5: Future Funding 1 Other Reserves/Re serve Funds Type of Funds (R=Reserve, RF=Reserve Fund) Property Taxes Other Sources Type Total Funding Pickering Heritage & Community Ctr (Design)-Archive Facility component C10220.2011 0 434,755 97,159 19,137 3 (551,052)4 RF-DC Library Facilities 0 PHCC Project Management C10220.2011 0 - 30,870 3 (30,870)4 RF-DC Library Facilities 0 PHCC Archives & Library Space - Construction C10220.2011 0 11,997 3,955 1,100,550 3 (1,116,502)4 RF-DC Library Facilities 0 Outreach Vehicle C10900.2109 220,000 - 79,130 118,870 22,000 R-Vehicle Replacement 220,000 Seaton Regional Library - Schematic Design C10905.2101 25,000 - 0 6,465 18,535 RF-Seaton FIA 25,000 City Centre Bridge C11100.2004 0 11,147 -11,147 0 0 0 Library Strategic Plan 10900-502230 105,000 - 46,523 32,227 0 26,250 105,000 Sub-total 350,000 457,898 215,621 1,308,120 (1,657,889)0 350,000 Grand Total 163,491,043 18,998,378 6,414,783 67,345,372 30,080,574 276,638 40,315,684 163,431,428 Notes 1 Projects ongoing. Future funding for incomplete component. DC RF will be drawn when expenses are incurred. 2 DC Costs relates to Debt charges undertaken for the projects 3 Presented as in/out to show funding from "Library Facilities". Total costs and sources of funds presented in "Parks & Recreation". 4 Amount presented relates to DC RF budget commitments only, combined 13 projects. No expenses in 2023. 5 Development Charges Reserve Fund (DC RF) - 172 - Report to Council Report Number: FIN 10-24 Date: June 24, 2024 From: Stan Karwowski Director, Finance & Treasurer Subject: Annual Indexing – Development Charges, Community Benefit Charges and Seaton Financial Impacts Agreement -File: F-4920-001 Recommendation: 1.That Report FIN 10-24 regarding Annual Indexing be received; 2.That effective July 1, 2024 to June 30, 2025, as provided for in By-law No. 7953/22, the Development Charges referred to in Schedule “C” of that By-law be increased by 4.6percent; 3.That effective July 1, 2024, as provided for in By-law No. 7954/22, the Community BenefitCharges referred to in Schedule “A” of that By-law be increased by 4.6 percent; 4.That effective July 1, 2024 the payments related to “10 percent Soft Services”, as provided for by the Seaton Financial Impacts Agreement dated November 26, 2015, beincreased by 4.6 percent; and 5.That the appropriate City of Pickering officials be authorized to take the necessaryactions as indicated in this report. Executive Summary: The purpose of this report is to approve the annual indexing for the City’s development charges, community benefit charges and the Seaton FIA fees. The Development Charges Act 1997 and Ontario Regulation 82/98, and By-law No. 7953/22 provide for an automatic annual adjustment to the City’s development charges (the “DCs”) based on the Building Construction Price Index in order to keep development charges revenues current with construction costs. The City also passed its Community Benefit Charges Strategy on July 11, 2022 and By-law No. 7954/22, which also provides for an annual adjustment of the Community Benefit Charges (CBC) fee. The Building Construction Price Index for the non-residential buildings construction for the annual period ending March 31, 2024 is 4.6 percent. Bill 23, More Homes, Built Faster Act, was passed on November 28, 2022, and as a result the City was required to phase in the maximum DC fee over a 4-year period. As of July 12, 2023, the City entered into Year 2 of the phase-in and was charging 85 percent of the DC fee set in the 2022 DC Background Study. On June 6, 2024, the Province gave royal assent to Bill 185, Cutting Red Tape to Build More Homes Act, which repealed the mandatory requirement for municipalities to phase in their DC fees. The DC fees set out in Attachment 1 reflects the removal of the DC fee reduction and is the maximum fee the City can charge. The below graph - 173 - FIN 10-24 June 24, 2024 Subject: Annual Indexing – Development Charges, Community Page 2 Benefit Charges and Seaton Financial Impacts Agreement shows the timeline of the City’s DC fee since the July 2022 DC Background Study was approved by Council: The DC fees for a single/semi-detached dwelling will be $37,468 (City-wide) and $21,656 (Seaton only) at July 1, 2024. Before Bill 185 received royal assent, these fees were $30,448 (City-wide) and $17,599 (Seaton only), this results in a fee increase of $7,020 (City-wide) and $4,057 (Seaton only) per single/semi-detached dwelling. $31,898 $25,518 $28,657 $30,448 $35,824 $37,468 $18,437 $14,749 $16,564 $17,599 $20,707 $21,656 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 July 12, 2022(New DCs)Nov 28, 2022(Bill 23 Phase-In80%) July 1-11, 2023(CPI Index)July 12, 2023(Bill 23 Phase-In85%) June 6, 2024(Bill 185 Phase-InRemoved) July 1, 2024(CPI Index) City DC Fee: Single & Semi-DetachedJuly 2022 to July 2024 (with Bill 23) City-Wide Seaton - 174 - FIN 10-24 June 24, 2024 Subject: Annual Indexing – Development Charges, Community Page 3 Benefit Charges and Seaton Financial Impacts Agreement The graph above shows a comparison of the current lower tier municipality DC fee for a single or semi-detached home. Although the City will be indexing its fee by 4.6 percent on July 1, 2024, the City of Pickering continues to have one of the lowest DC rates across the GTHA. Adoption of Recommendations 2 to 4 of this report will put into effect the higher rates for the period of July 1, 2024 to June 30, 2025. Attachment 1 provides the DCs by service category for the City-wide area in Pickering excluding the Seaton lands with the new rates reflecting the annual indexing of 4.6 percent effective July 1, 2024 to June 30, 2025. Attachment 2 provides the DCs by service category for the Seaton lands, and the new rates with the indexing of 4.6 percent effective July 1, 2024 to June 30, 2025. The additional charges applicable to development in Seaton as approved in the Seaton Financial Impacts Agreement (FIA) is also reflected in this attachment. Attachment 3 provides the CBC fee with the new rates reflecting the annual indexing of 4.6 percent. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Corporate Key to Deliver on Good Governance – Open & Transparent Decision Making. $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 $100,000 Pickering Whitby Oshawa Ajax Clarington Markham Brampton Mississauga Vaughan Richmond Hill Oakville DC Fee Comparison - 175 - FIN 10-24 June 24, 2024 Subject: Annual Indexing – Development Charges, Community Page 4 Benefit Charges and Seaton Financial Impacts Agreement Financial Implications: Increasing the development charges and community benefit charges based on an increase in the construction price index will assist in keeping the revenues generated in line with current construction costs. Discussion: The purpose of this report is to approve the annual indexing for the City’s Development Charges, Community Benefit Charges, and the Seaton FIA fees. As provided for in Ontario Reg. 82/98, s.7, and in section 16 of the City’s By-law No. 7953/22 and in section 2.13 of By-law No. 7954/22, the Development Charges and Community Benefit Charges imposed by the City for all types of development shall be indexed annually, without amending the By-law. Adoption of the recommendations contained in this report will allow that increase to take effect July 1, 2024. This will increase revenues to help fund growth related capital projects. Statistics Canada indicates that the non-residential buildings construction price index (an indicator of our costs of construction) for the Toronto area has increased by 4.6 percent for the annual period from April 1, 2023 to March 31, 2024. The change is reflected in the tables attached. DC By-law No. 7953/22, section 16(1)(a) provides that the rates in Schedule “C” shall be adjusted annually in accordance with the change in the index for the most recently available annual period ending March 31. Schedule “C” is applicable to the new DCs rates effective on July 1, 2024 as a result of the 2022 DC Background Study. Attachment 4 provides the change in rates in Schedule “C” from based on the 4.6 percent indexing. CBC By-law No. 7954/22, section 2.13(a) provides that the rates in Schedule “A” shall be adjusted annually in accordance with the change in the index for the most recently available annual period ending March 31, similar to the DCs. Attachment 5 provides the change in rates in Schedule “A” based on the 4.6 percent indexing. Continuing from previous years, City staff are including in the DCs annual indexing report, additional charges applicable to development in Seaton lands as approved in the Seaton FIA. Sections 4 - 6 of the FIA outline the DC-related financial terms of the agreement. Please note that of all the three services collectible based on the Seaton FIA, the “10 percent Soft Services” is the only service to be indexed. A few of the service categories that are indexed under the “10 percent Soft Services” are recreation facilities, library and operations facilities & vehicles. The municipal buildings and community uses service categories are not indexed annually. Attachment 6 provides further details on these charges with the 4.6 percent indexing. The Seaton DC rates are lower than the City-wide DC rates to reflect the fact that the Seaton Landowner Group (SLG) is responsible to design, build and pay for the Seaton internal roads network. Subject to Council’s approval of the recommendations contained in this report, the development charges brochure will be updated to reflect the approved rates. The updated brochure will be posted on the City’s website and made available at various counters throughout the Civic Complex. - 176 - FIN 10-24 June 24, 2024 Subject: Annual Indexing – Development Charges, Community Page 5 Benefit Charges and Seaton Financial Impacts Agreement Attachments: 1. City-Wide Development Charges (excludes Seaton Lands) – Effective July 1, 2024 2. Seaton Lands Development Charges and Financial Impacts Agreement Charges – Effective July 1, 2024 3. Community Benefits Charge – Effective July 1, 2024 4. Schedule “C” – City of Pickering Schedule of Development Charges 5. Schedule “A” – City of Pickering Schedule of Community Benefit Charges 6. Seaton Lands – Financial Impacts Agreement Charges, Section 5.1 Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Jason Bekramchand Stan Karwowski Senior Financial Analyst – Capital & Debt Director, Finance & Treasurer Debt Management Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 177 - Attachment 1 to Report FIN 10-24 City of Pickering City-Wide Development Charges (Excludes Seaton Lands) Development Charges (DC) By-law No. 7953/22 Effective July 1, 2024 - June 30, 2025 Per Residential Dwelling Unit by Type Non-Residential Charges Service Category Single and Semi- Detached Dwelling Apartments - 2 Bedrooms + Apartments - Bachelor and 1 Bedroom Other Multiples Non-Residential per ft² of Total Floor Area Other Services Related to a Highway $876 $510 $312 $675 $0.40 Fire Protection Services 1,381 803 493 1,064 0.62 Parks and Recreation Services 15,591 9,067 5,564 12,010 1.21 Library Services 2,871 1,669 1,024 2,212 0.22 Growth-Related Studies 276 161 99 213 0.04 Stormwater Management 540 315 193 416 0.25 By-Law Enforcement Services 121 70 43 93 0.05 Transportation 15,812 9,196 5,644 12,180 5.56 Total $37,468 $21,791 $13,372 $28,863 $8.35 1 Does not apply to Seaton Lands. Seaton Lands subject to a separate agreement outside provision of the Transportation requirements in addition to other funding contributions. of the Development Charges Act concerning - 178 - Attachment 2 to Report FIN 10-24 City of Pickering Seaton Lands Development Charges and Financial Impacts Agreement (FIA) Charges Development Charges (DC) By-law No. 7953/22 and FIA Article 5 Effective July 1, 2024 - June 30, 2025 Service Category Service Category Other Services Related to a Highway Fire Protection Services Parks and Recreation Services Library Services Growth-Related Studies Stormwater Management By-Law Enforcement Services 1Transportation Total DC By-law No. 7953/22 2Total Soft Services Non Indexed: 3 Municipal Buildings 4Community Uses Total SLG FIA Total Charges-Seaton Lands Per Residential Dwelling Unit by Type Single and Apartments - 2 Apartments - Other Semi- Bedrooms +Bachelor and 1 Multiples Detached Bedroom Dwelling $876 $510 $312 $675 1,381 803 493 1,064 15,591 9,067 5,564 12,010 2,871 1,669 1,024 2,212 276 161 99 213 540 315 193 416 121 70 43 93 0 0 0 0 $21,656 $12,595 $7,728 $16,683 1,236 564 564 978 189 86 86 150 300 137 137 238 $1,725 $787 $787 $1,366 $23,381 $13,382 $8,515 $18,049 Non-Residential Charges Non-Residential (per net Ha of per ft² of Total Prestige 5Floor Area Employment Land in Seaton) $0.40 0.62 1.21 0.22 0.04 0.25 0.05 0.00 $13,738 21,722 42,202 7,868 1,272 8,497 1,837 0 $2.79 $97,136 0.144 n/a n/a $0.144 $2.934 0.144 n/a n/a $0.144 $97,136/ha & $0.144/sq. ft 1 Does not apply to Seaton Lands. Seaton Lands subject to a separate agreement outside of the Development Charges Act concerning provision of the Transportation requirements in addition to other funding contributions. 2 Breakdown by service category is available upon request. Not applicable to lands owned by the Province. For residential development, payment is due at subdivision registration except for mixed-use or multi-use or multi-residential development blocks subject to site plan approval. For all other development, payment is due prior to building permit issuance. Subject to annual 3 Applicable to the first 11,280 S.D.Es built on SPL Lands, due prior to building permit issuance. No indexing 4 Applicable to the first 11,280 S.D.Es built on SPL Lands to a maximun payment of $3.3 million; due prior to building permit issuance. No indexing 5 Does not apply to prestige employment land in Seaton, as that development is subject to the per net Ha land area charge instead. Applies to non-residential development in the non-prestige employment land in Seaton. indexing. - 179 - Attachment 3 to Report FIN 10-24 City of Pickering Community Benefit Charges (CBC) By-law No. 7954/22 Community Benefits Charges Effective July 1, 2024 - June 30, 2025 CBC Unit Type Charge Apartments - Bachelor and 1 Bedroom $772 Apartments - 2 Bedrooms +$1,257 - 180 - Attachment 4 to Report FIN 10-24 Schedule "C" City of Pickering Schedule of Developement Charges-DC By-law No. 7593/22 Effective June 6, 2024 Per Residential Dwelling Unit By Type Non-Residential Charges Non- Prestige Single and Apartments - Residential Employment Semi- Apartments - 2 Other Bachelor and 1 per Sq. Ft of Land in Detached Bedrooms +MultiplesBedroom Total Floor Seaton (per DwellingService Category Area Sq. Ft) Other Services Related to a Highway $838 $487 $299 $646 $0.38 $13,133 Fire Protection Services 1,321 768 472 1,017 0.60 20,767 Parks and Recreation Services 14,906 8,668 5,320 11,482 1.16 40,346 Library Services 2,745 1,596 979 2,115 0.21 7,522 Growth-Related Studies 264 154 94 203 0.03 1,216 Stormwater Management 517 301 184 398 0.24 8,124 By-Law Enforcement Services 116 67 42 89 0.04 1,756 Total Municipal Wide Services $20,707 $12,041 $7,390 $15,950 $2.66 $92,864 Outside of Seaton Lands: 1Transportation 15,117 8,792 5,396 11,644 5.31 0 Total Services Outside of Seaton Lands $15,117 $8,792 $5,396 $11,644 $5.31 $0 Seaton $20,707 $12,041 $7,390 $15,950 $2.66 $92,864 A Rest of Pickering-City wide $35,824 $20,833 $12,786 $27,594 $7.97 N/A B Effective July 1, 2024: Indexed at 4.6% Per Residential Dwelling Unit By Type Non-Residential Charges Service Category Single and Semi- Detached Dwelling Apartments - Apartments - 2 Bachelor and 1 Bedrooms +Bedroom Other Multiples Non- Prestige Residential Employment per Sq. Ft of Land in Total Floor Seaton (per Area Sq. Ft) Other Services Related to a Highway $876 $510 $312 $675 $0.40 $13,738 Fire Protection Services 1,381 803 493 1,064 0.62 21,722 Parks and Recreation Services 15,591 9,067 5,564 12,010 1.21 42,202 Library Services 2,871 1,669 1,024 2,212 0.22 7,868 Growth-Related Studies 276 161 99 213 0.04 1,272 Stormwater Management 540 315 193 416 0.25 8,497 By-Law Enforcement Services 121 70 43 93 0.05 1,837 Total Municipal Wide Services $21,656 $12,595 $7,728 $16,683 $2.79 $97,136 Outside of Seaton Lands: 1Transportation 15,812 9,196 5,644 12,180 5.56 0 Total Services Outside of Seaton Lands $15,812 $9,196 $5,644 $12,180 $5.56 0 Seaton Lands $21,656 $12,595 $7,728 $16,683 $2.79 $97,136 C Rest of Pickering-City wide $37,468 $21,791 $13,372 $28,863 $8.35 N/A D $ Increase - Seaton Lands $949 $554 $338 $733 $0.13 $4,272 A-C $ Increase - Rest of Pickering-City wide $1,644 $958 $586 $1,269 $0.38 N/A B-D 1. Does not apply to Seaton Lands. Seaton Lands subject to a separate agreement outside of the Development Charges Act concerning provision of the Transportation requirements in addition to other funding contributions. - 181 - Attachment 5 to Report FIN 10-24 Schedule "A" City of Pickering Community Benefit Charges (CBC) By-law No. 7954/22 Effective July 1, 2023 CBC Unit Type Charge Apartments - Bachelor and 1 Bedroom $738 Apartments - 2 Bedrooms +$1,202 Effective July 1, 2024: Indexed at 4.6% CBC Unit Type Charge Apartments - Bachelor and 1 Bedroom $772 Apartments - 2 Bedrooms +$1,257 $ Increase $ Apartments - Bachelor and 1 Bedroom $34 Apartments - 2 Bedrooms +$55 - 182 - Attachment 6 to Report FIN 10-24 City of Pickering Seaton Lands - Financial Impacts Agreement (FIA) Charges, Section 5.1 Section 5.1: 10% Soft Services Contribution* Effective July 1, 2024 - June 30, 2025 Service Category 10% Soft Services 1Development-Related Studies Parks Development & Trails Indoor Recreation Facilities Library Operations Facilities & Vehicles Total Soft Services Per Residential Dwelling Unit By Type **Non-Residential Charges Single and Semi- Detached Dwelling $6.59 313.37 653.82 156.96 105.26 $1,236.00 Apartments - 2 Bedrooms + $3.00 143.22 297.94 71.73 48.11 $564.00 Apartments - Bachelor and 1 Bedroom $3.00 143.22 297.94 71.73 48.11 $564.00 Other Multiples $5.21 248.51 516.35 124.47 83.46 $978.00 Non- Residential per Sq. Ft of Total Floor Area Prestige Employment Land in Seaton (per Sq. Ft) $0.003 0.028 0.054 0.012 0.047 $0.003 0.028 0.054 0.012 0.047 $0.144 $0.144 * This contribution is to be indexed with the construction price index prescribed by the DC Act. ** FIA version (October 28, 2013) subsection 5.1 and 5.2 permits the City to charge an additional DC to compensate The calculation is based on the DC rate multiplied by 11.11% as stated in the FIA agreement subsection 5.2. 1 19.0% of the DC Recoverable share for the Development Related Studies is comprised of costs that are subject to for the 10% soft services the 10% deduction. deduction. - 183 - Report to Council Report Number: FIN 11-24 Date: June 24, 2024 From: Stan Karwowski Director, Finance & Treasurer Subject: Fire Station 2 and City Hall Satellite Office Renovations -Delegated Approval Authorization -File: A-1440 Recommendation: 1.That Council delegate the authority to award contracts with terms and conditionssatisfactory to the Director, Operations and the Director, Finance & Treasurer in compliance with the City’s Purchasing Policy with the total value of the contracts not toexceed $732,500.00 (Net of HST) for renovations to Fire Station 2, which was approvedin prior year’s Capital Budgets and the funding is presented below: A.Facilities Reserve ($630,000.00), approved as part of project C10700.1809; B.Property Taxes ($55,000.00), approved as part of project C10700.1809; and C.Rate Stabilization Reserve ($47,500.00), approved as project C10700.2213; 2.That Council delegate the authority to award contracts with terms and conditions satisfactory to the Director, Operations and the Director, Finance & Treasurer in compliance with the City’s Purchasing Policy with the total value of the contracts not toexceed $800,000.00 (Net of HST) for renovations for the leased space at 2460 BrockRoad, which was approved in the 2023 Capital Budget (project C10240.2307) to be funded from the Casino Reserve; and 3.That the appropriate officials of the City of Pickering be authorized to take the necessaryactions as indicated in the report. Executive Summary: The purpose of this report is to enable the timely award of construction contracts for various renovations to Fire Station 2, located at 553 Kingston Road, and for leasehold improvements to the satellite office space leased at 2460 Brock Road in accordance with Report CS 13-24. Renovations at Fire Station 2 include the creation of additional and accessible washrooms, upgrades to the existing kitchen, living quarters and dormitories; conversion of existing building lighting to LED; and improvements for safe roof access. Multiple separate, but related, building projects are intended to be combined into a single scope of work for greater efficiency, including better cost control and avoiding repeated separate disruptions to an emergency service facility. Fire Station 2 is intended remain fully operational during construction. - 184 - FIN 11-24 June 24, 2024 Subject: Fire Station 2 and City Hall Satellite Office Renovations Page 2 In May, Council also approved the lease of office space at 2460 Brock Road through Report CS 13-24. The lease includes provision of a finishing period to prepare the space and make it suitable to meet the City’s needs. Design work necessary to obtain the required permits is already underway. Delegated authority is requested in order to proceed with related construction in a timely manner, avoiding any potential delay that might extend completion of this work into the paying period of the lease. Otherwise, the City might be paying for space that is not yet ready for use. In both cases, delegated authority is being requested to ensure that the work can proceed in a timely and efficient manner to avoid operational challenges and costs. In the case of Fire Station 2, these renovations were originally intended to proceed in 2020, but were repeatedly delayed due to pandemic-related concerns and to avoid health risks associated with the presence of third party personnel amongst Fire Services staff in an emergency facility. Leasehold improvements at 2460 Brock Road, are expected to be ready for procurement of construction by the end of July, and could be delayed by 6-8 weeks if award approvals were to be delayed until the September 2024 meeting of Council. Approvals also remain subject to related net HST rebate costs for each project remaining within the available budgets. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community. Financial Implications: The City’s Purchasing Policy, under Section 7.0, does permit the awarding of contracts during summer recess by the CAO with an information report being presented to Council for their information in the fall. However, due to the dollar amount of the two projects and the importance of these two projects, senior staff believed it was important for Council to be aware of the planned work during the summer break. These two projects are mainly funded by reserves and therefore, the City is not using its limited debt capacity for these two projects. Discussion: The purpose of this report is to obtain delegated authority to award a construction contract for various renovations to Fire Station 2, located at 553 Kingston Road, and leasehold improvements at newly leased office space, located at 2460 Brock Road, during the summer recess of Council. The scope of work at Fire Station 2 includes creation of additional and accessible washrooms, upgrades to the existing kitchen and sleeping quarters, conversion of existing building lighting to LED, and improvements for safe roof access. Multiple separate, but related, building projects are to be combined into a single scope of work for greater efficiency, including better cost control and avoiding multiple disruptions to an emergency service facility. Fire Station 2 is intended to remain operational during construction. The earlier this work can begin, the less risk there is that the project could be impacted by seasonal impacts of the fall or any early onset of winter. - 185 - FIN 11-24 June 24, 2024 Subject: Fire Station 2 and City Hall Satellite Office Renovations Page 3 Fire Station 2 was originally built in 1977. Fire Services staff, at the time, were all male and accessibility requirements did not yet exist in the building code. As gender diversity increases in the department and front line suppression staff, retrofit of older stations is required. The proposed renovations include refinishing the existed washroom, and creation of a new, separate, universal washroom on the ground floor. Creation of an additional, separate washroom in the basement was separately awarded through quotation Q2024-7 in advance, in order to ensure that interior washrooms would remain available throughout the construction period. Inclement weather and the 24-hour nature of emergency services made temporary outdoor washroom facilities impractical. The basement washroom is currently under construction and will be completed prior to commencing the rest of the proposed renovations. Existing interior and exterior lighting is to be converted to LED for better performance and energy efficiency. Several exterior windows are also at end of life and will be replaced. Retrofitting the existing kitchen and sleeping quarters will also be included in the project scope to address the age and condition of both spaces. The upper flat roof over the apparatus bay currently requires access through a small window opening at the top of the hose tower, making it difficult for maintenance staff to reach and safely access the roof. A portable ladder is required to separately reach the lower flat roof. Access to both roofs is complicated by the mansard style roof and parapets on the building, making ladder use difficult and potentially hazardous. This work will provide a permanent landing and door at the top of the hose tower, and install a connecting stairs to allow better and safer access to both roofs for future maintenance and inspections. All of these projects were originally to be tendered as a combined scope in 2020, but was repeatedly deferred with the onset of COVID-19 in order to help protect Fire Services staff from unnecessary risk of exposure. Now that the related health risks have been reduced, all of the previously deferred work must be completed. Delegated authority is being requested in order to proceed with construction as soon as possible, minimizing operational impacts that might result from delaying award until the next scheduled Council meeting on September 23, 2024. The renovations and would be far less disruptive if undertaken during the summer and early fall. The City’s recently approved lease of unfinished office space at 2460 Brock Road requires various leasehold improvements in order to make it ready for use. Lease terms include a rent- free period for this work to be completed. Design is already underway and procurement for construction is expected to proceed in late July. It is in the City’s interests to complete this work as quickly as possible to avoid extending the renovations into the rental period. Delegating authority to award will mitigate risk associated with approval delay, thereby protecting the City’s financial interests. Attachment: None. - 186 - FIN 11-24 June 24, 2024 Subject: Fire Station 2 and City Hall Satellite Office Renovations Page 4 Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Vince Plouffe, OAA, MRAIC Stan Karwowski, MBA, CPA, CMA (Acting) Director, Operations Director, Finance & Treasurer BD:vp Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 187 - Report to Council Report Number: FIN 12-24 Date: June 24, 2024 From: Stan Karwowski Director, Finance & Treasurer Subject: Municipal Funding Agreement with Association of Municipalities of Ontario -Canada Community-Building Fund Revenues-File: F-4910-001 Recommendation: 1.That Report FIN 12-24 regarding the Municipal Funding Agreement with Association of Municipalities of Ontario be received; 2.That the Mayor and City Clerk be authorized to execute the Municipal FundingAgreement with the Association of Municipalities of Ontario for a period of ten yearsfrom 2024 to 2033; and 3.That the appropriate City of Pickering officials be given authority to take the necessary actions to give effect thereto. Executive Summary: The purpose of this report is to authorize the execution of the new Canada Community-Building Fund (CCBF, formerly known as the Federal Gas Tax Fund) agreement with the Association of Municipalities of Ontario (AMO). On June 14, 2024, AMO notified City staff that the new funding agreement is ready for signature, as the previous agreement expired on March 31, 2024. The new agreement extends the CCBF to March 31, 2033 and information has been provided on the City’s 2024 to 2028 funding allocation. A new requirement in the Municipal Funding Agreement (MFA) is that municipalities with a 2021 census population of 30,000 or more must complete a Housing Needs Assessment (HNA). The City of Pickering completed it’s Housing Strategy and Action Plan, which was passed by Council in early 2022, which encompasses the 10-year period of 2021 to 2031. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Corporate Key to Deliver on Good Governance –Open & Transparent Decision Making. Financial Implications: The City of Pickering has been allocated approximately $16.37 million in CCBF revenues over the five year period (2024 to 2028) as shown below: - 188 - FIN 12-24 June 24, 2024 Subject: Municipal Funding Agreement with Association of Page 2 Municipalities of Ontario _____________________________________________________________________ Funding beyond 2028 will be based on the 2026 census data. This agreement will provide the City predictable, long-term funding that will assist in addressing the City’s infrastructure needs. Once the MFA is executed, the City will continue to receive two payments annually from AMO for the CCBF funds (July and November). The majority of these dollars are invested in the City’s asphalt resurfacing program. Discussion: The purpose of this report is to authorize the execution of the new Canada Community-Building Fund (CCBF, formerly known as the Federal Gas Tax Fund) agreement with the Association of Municipalities of Ontario (AMO). On June 17, 2005, Canada, Ontario, AMO and the City of Toronto signed an agreement setting out new revenue sharing arrangements for the Canada Community-Building Fund (formerly known as the Federal Gas Tax Fund) for investment in municipal infrastructure. The CCBF has now been extended to March 2033, as the same parties have signed a new Administrative Agreement which took effect on April 1, 2024. The new Administrative Agreement will provide $3.7 billion to Ontario’s municipalities between 2024 and 2028. Funding for the period between 2029 and 2033 will be determined once the 2026 census population data is released. As noted above, Pickering will receive approximately $16.37 million over the five year period. The predictability of the future grant funding is good news for the City, as staff can plan on the use of these funds over the next five years for infrastructure renewal and investments. It is also important to note that the City has had its CCBF gradually increased year over year. For the period between 2019 and 2023, the City had received approximately $14.43 million in CCBF funding. The 2024 to 2028 period allocation $2,500,000 $2,600,000 $2,700,000 $2,800,000 $2,900,000 $3,000,000 $3,100,000 $3,200,000 $3,300,000 $3,400,000 $3,500,000 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 CCBF Funding (2019-2028) - 189 - FIN 12-24 June 24, 2024 Subject: Municipal Funding Agreement with Association of Page 3 Municipalities of Ontario _____________________________________________________________________ increased this by approximately 13.5 percent, as the City will be receiving $16.37 million between 2024 to 2028. Similar to the previous MFA, the CCBF allows municipalities to use the grant funding to invest in various eligible categories. The 18 eligible categories are listed below: • broadband connectivity • brownfield redevelopment • capacity-building • community energy systems • cultural infrastructure • drinking water • fire halls • local roads and bridges • public transit • recreational infrastructure • regional and local airports • resilience • short-line rail • short-sea shipping • solid waste • sport infrastructure • tourism infrastructure • wastewater As shown above, there is a wide rang of possible uses of the CCBF dollars. Unfortunately, the demand for these dollars is greater than the amount provided. A new requirement in the MFA (section 8 of the attached agreement) is that municipalities, with a population of 30,000 or more on the 2021 population census, must complete a “Housing Needs Assessment” by March 31, 2025. The City of Pickering completed a “Housing Strategy & Action Plan” which received Council approval in early 2022 and is posted on the City’s website. Attachment: 1. Municipal Funding Agreement for the Canada Community-Building Fund Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Jason Bekramchand, CPA Stan Karwowski, CPA, CMA, MBA Senior Financial Analyst, Director, Finance & Treasurer Capital & Debt Management SK:jb - 190 - FIN 12-24 June 24, 2024 Subject: Municipal Funding Agreement with Association of Page 4 Municipalities of Ontario _____________________________________________________________________ Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 191 - MUNICIPAL FUNDING AGREEMENT ON THE CANADA COMMUNITY-BUILDING FUND BETWEEN: THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO (referred to herein as “AMO”) AND: THE CITY OF PICKERING (a municipal corporation pursuant to the Municipal Act, 2001, referred to herein as the “Recipient”) WHEREAS the Government of Canada, the Government of Ontario, AMO, and the City of Toronto are signatories to the Administrative Agreement on the Canada Community-Building Fund effective April 1, 2024 (the “Administrative Agreement”), which governs the transfer and use of the Canada Community-Building Fund (“CCBF”) in Ontario; AND WHEREAS AMO is responsible for the administration of CCBF funding made available to all Municipalities in Ontario – except the City of Toronto – under the Administrative Agreement, and will therefore undertake (and require the Recipient to undertake) certain activities as set out in this Agreement; AND WHEREAS the Recipient wishes to enter into this Agreement to access CCBF funding; NOW THEREFORE the Parties agree as follows: Attachment 1 to Report FIN 12-24 - 192 - Municipal Funding Agreement on the Canada Community-Building Fund Page 2 of 24 1. DEFINITIONS AND INTERPRETATIONS 1.1 Definitions. For the purposes of this Agreement, the following terms shall have the meanings ascribed to them below: “Annual Report” means the duly completed report to be prepared and delivered to AMO as described in Section 6.1. “Asset Management” is a principle/practice that includes planning processes, approaches, plans, or related documents that support an integrated lifecycle approach to the effective stewardship of infrastructure assets to maximize benefits and effectively manage risk. “Canada” means the Government of Canada, as represented by the Minister of Housing, Infrastructure and Communities. “Canada Community-Building Fund” or “CCBF” means the program established under section 161 of the Keeping Canada’s Economy and Jobs Growing Act, S.C. 2011, c. 24 as amended by section 233 of the Economic Action Plan 2013 Act, No. 1, S.C. 2013, c. 33, as the Gas Tax Fund and renamed the Canada Community-Building Fund in section 199 of Budget Implementation Act, 2021, No. 1. “Contract” means an agreement between the Recipient and a Third Party whereby the latter agrees to supply a product or service to an Eligible Project in return for financial consideration. “Eligible Expenditure” means an expenditure described as eligible in Schedule B or deemed eligible by Canada in accordance with Section 4.2. “Eligible Investment Category” means an investment category listed in Schedule A or deemed eligible by Canada in accordance with Section 3.2. “Eligible Project” means a project that fits within an Eligible Investment Category. “Event of Default” has the meaning given to it in Section 13.1 of this Agreement. “Funds” mean the funds made available to the Recipient through the CCBF or any other source of funding as determined by Canada. Funds are made available pursuant to this Agreement and includes any interest earned on the said Funds. Funds transferred to another Municipality in accordance with Section 5.3 of this Agreement are to be treated as Funds by the Municipality to which the Funds are transferred; and Funds transferred to a non-municipal entity in accordance with Section 5.4 of this Agreement shall remain as Funds under this Agreement for all purposes and the Recipient shall continue to be bound by all provisions of this Agreement with respect to such transferred Funds. - 193 - Municipal Funding Agreement on the Canada Community-Building Fund Page 3 of 24 “Housing Needs Assessment” or “HNA” means a report informed by data and research describing the current and future housing needs of a Municipality or community according to guidance provided by Canada. “Ineligible Expenditures” means those expenditures described as ineligible in Schedule C or deemed ineligible by Canada in accordance with Section 4.2. “Infrastructure” means tangible capital assets that are primarily for public use or benefit in Ontario – whether municipal or regional, and whether publicly or privately owned. “Lower-Tier Municipality” means a Municipality that forms part of an Upper-Tier Municipality for municipal purposes, as defined under the Municipal Act, 2001, S.O. 2001, c. 25. “Municipal Fiscal Year” means the period beginning January 1st of a year and ending December 31st of the same year. “Municipality” and “Municipalities” means every municipality as defined under the Municipal Act, 2001, S.O. 2001, c. 25. “Non-Municipal Transfer By-law” means a by-law passed by Council of the Recipient pursuant to Section 5.4 of this Agreement. “Parties” means AMO and the Recipient. “Prior Agreement” means the municipal funding agreement for the transfer of federal gas tax funds entered into by AMO and the Recipient, effective April 2014 and with an expiry date of March 31, 2024. “Single-Tier Municipality” means a Municipality, other than an Upper-Tier Municipality, that does not form part of an Upper-Tier Municipality for municipal purposes, as defined under the Municipal Act, 2001, S.O. 2001 c. 25. “Third Party” means any person or legal entity, other than the Parties to this Agreement, who participates in the implementation of an Eligible Project by means of a Contract. “Transfer By-law” means a by-law passed by Council of the Recipient pursuant to Section 5.3 of this Agreement. “Unspent Funds” means the amount reported as unspent by the Recipient as of December 31, 2023 in the Recipient’s 2023 Annual Report (as defined under the Prior Agreement). - 194 - Municipal Funding Agreement on the Canada Community-Building Fund Page 4 of 24 “Upper-Tier Municipality” means a Municipality of which two or more Lower-Tier Municipalities form part for municipal purposes, as defined under the Municipal Act, 2001, S.O. 2001 c. 25. 1.2 Interpretations a) “Agreement” refers to this agreement as a whole, including the cover and execution pages and all of the schedules hereto, and all amendments made hereto in accordance with the provisions hereof. b) The words “herein”, “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole and not any particular schedule, article, section, paragraph or other subdivision of this Agreement. c) The term “including” or “includes” means including or includes (as applicable) without limitation or restriction. d) Any reference to a federal or provincial statute is to such statute and to the regulations made pursuant to such statute as such statute and regulations may at any time be amended or modified and in effect and to any statute or regulations that may be passed that have the effect of supplementing or superseding such statute or regulations. 2. TERM OF THE AGREEMENT 2.1 Term. Subject to any extension or termination of this Agreement or the survival of any of the provisions of this Agreement pursuant to the provisions contained herein, this Agreement shall come into effect as of April 1, 2024 up to and including March 31, 2034. 2.2 Review. This Agreement will be reviewed by AMO by June 30, 2027. 2.3 Amendment. This Agreement may be amended at any time in writing as agreed to by AMO and the Recipient. 2.4 Notice. Any of the Parties may terminate this Agreement on two (2) years written notice. 2.5 Prior Agreement. The Parties agree that the Prior Agreement, including Section 15.5 thereof, is hereby terminated. Notwithstanding the termination of the Prior Agreement, including Section 15.5, the reporting and indemnity obligations of the Recipient thereunder with respect to expended Funds governed by the Prior Agreement as set forth in Sections 5, 7, 10.3, 10.4 and 10.5 of the Prior Agreement shall survive the said termination. - 195 - Municipal Funding Agreement on the Canada Community-Building Fund Page 5 of 24 3. ELIGIBLE PROJECTS 3.1 Eligible Projects. Eligible Projects are those that fit within an Eligible Investment Category. Eligible Investment Categories are listed in Schedule A. 3.2 Discretion of Canada. The eligibility of any investment category not listed in Schedule A is solely at the discretion of Canada. 3.3 Recipient Fully Responsible. The Recipient is fully responsible for the completion of each Eligible Project in accordance with Schedule A and Schedule B. 4. ELIGIBLE EXPENDITURES 4.1 Eligible Expenditures and Ineligible Expenditures. Eligible Expenditures are described in Schedule B. Ineligible Expenditures are described in Schedule C. 4.2 Discretion of Canada. The eligibility of any item not listed in Schedule B or Schedule C to this Agreement is solely at the discretion of Canada. 4.3 Reasonable Access. The Recipient shall allow AMO and Canada reasonable and timely access to all documentation, records and accounts and those of their respective agents or Third Parties related to the receipt, deposit and use of Funds and Unspent Funds, and any interest earned thereon, and all other relevant information and documentation requested by AMO or Canada or their respective designated representatives for the purposes of audit, evaluation, and ensuring compliance with this Agreement. 4.4 Retention of Receipts. The Recipient will keep proper and accurate accounts and records of all Eligible Projects including invoices and receipts for Eligible Expenditures for at least six (6) years after the completion of the project. 4.5 Contracts. The Recipient will award and manage all Contracts in accordance with its relevant policies and procedures and, if applicable, in accordance with any domestic or international trade agreements, and all other applicable laws. The Recipient will ensure any of its Contracts for the supply of services or materials to implement its responsibilities under this Agreement will be awarded in a way that is transparent, competitive, consistent with value for money principles and pursuant to its adopted procurement policy. 5. FUNDS 5.1 Use of Funds. The Recipient acknowledges and agrees the Funds are intended for and shall be used only for Eligible Expenditures in respect of Eligible Projects. - 196 - Municipal Funding Agreement on the Canada Community-Building Fund Page 6 of 24 5.2 Unspent Funds. Any Unspent Funds, and any interest earned thereon, will be subject to the terms and conditions of this Agreement, and will no longer be governed by the terms and conditions of the Prior Agreement. 5.3 Transfer of Funds to a Municipality. Where a Recipient decides to allocate and transfer Funds to another Municipality (the “Transferee Municipality”): a) The allocation and transfer shall be authorized by a Transfer By-law. The Transfer By-law shall be passed by the Recipient’s council and submitted to AMO as soon thereafter as practicable. The Transfer By-law shall identify the Transferee Municipality and the amount of Funds the Transferee Municipality is to receive for the Municipal Fiscal Year(s) specified in the Transfer By-law. b) The Recipient is still required to submit an Annual Report in accordance with Section 6.1 hereof with respect to the Funds transferred. c) No transfer of Funds pursuant to this Section 5.3 shall be effected unless and until the Transferee Municipality has either (i) entered into an agreement with AMO on substantially the same terms as this Agreement, or (ii) has executed and delivered to AMO a written undertaking to assume all of the Recipient’s obligations under this Agreement with respect to the Funds transferred, such as undertaking in a form satisfactory to AMO. 5.4 Transfer of Funds to a Non-Municipal Entity. Where a Recipient decides to support an Eligible Project undertaken by a non-municipal entity (whether a for profit, non- governmental, or not-for profit organization): a) The provision of such support shall be authorized by a Transfer By-law (a “Non-Municipal Transfer By-law”). The Non-Municipal Transfer By-law shall be passed by the Recipient’s council and submitted to AMO as soon as practicable thereafter. The Non-Municipal Transfer By-law shall identify the non-municipal entity, and the amount of Funds the non-municipal entity is to receive for that Eligible Project. b) The Recipient shall continue to be bound by all the provisions of this Agreement notwithstanding any such transfer. c) No transfer of Funds pursuant to this Section 5.4 shall be effected unless and until the non-municipal entity receiving the Funds has executed and delivered to AMO a written undertaking to assume all of the Recipient’s obligations under this Agreement with respect to the Funds transferred, in a form exclusively satisfactory to AMO. 5.5 Payout of Funds. Subject to Sections 5.14 and 5.15, AMO will transfer Funds twice yearly, on or before the dates agreed upon by Canada and AMO. - 197 - Municipal Funding Agreement on the Canada Community-Building Fund Page 7 of 24 5.6 Deposit of Funds. The Recipient will deposit the Funds in: a) An interest-bearing bank account; or b) An investment permitted under: i. The Recipient’s investment policy; and ii. Provincial legislation and regulation. 5.7 Interest Earnings and Investment Gains. Interest earnings and investment gains will be: • Proportionately allocated to the CCBF when applicable; and • Applied to Eligible Expenditures for Eligible Projects. 5.8 Funds Advanced. Funds shall be spent (in accordance with Sections 3 and 4) or transferred (in accordance with Sections 5.3 or 5.4) within five (5) years after the end of the year in which Funds were received. Unexpended Funds shall not be retained beyond such five (5) year period without the documented consent of AMO. AMO reserves the right to declare that unexpended Funds after five (5) years become a debt to Canada which the Recipient will reimburse forthwith on demand to AMO for transmission to Canada. 5.9 Expenditure of Funds. The Recipient shall expend all Funds by December 31, 2038. 5.10 HST. The use of Funds is based on the net amount of harmonized sales tax to be paid by the Recipient net of any applicable tax rebates. 5.11 Limit on Canada’s Financial Commitments. The Recipient may use Funds to pay up to one hundred percent (100%) of Eligible Expenditures of an Eligible Project. 5.12 Federal Funds. The Recipient agrees that any Funds received will be treated as “federal funds” for the purpose of other federal infrastructure programs. 5.13 Stacking. If the Recipient is receiving federal funds under other federal infrastructure programs in respect of an Eligible Project to which the Recipient wishes to apply Funds, the maximum federal contribution limitation set out in any other federal infrastructure program agreement made in respect of that Eligible Project shall continue to apply. 5.14 Withholding Payment. AMO may, in its exclusive discretion, withhold Funds where the Recipient is in default of compliance with any provisions of this Agreement. 5.15 Insufficient Funds Provided by Canada. Notwithstanding the provisions of Section 2, if Canada does not provide sufficient funds to continue the Funds for any Municipal - 198 - Municipal Funding Agreement on the Canada Community-Building Fund Page 8 of 24 Fiscal Year during which this Agreement is in effect, AMO may immediately terminate this Agreement on written notice to the Recipient. 6. REPORTING REQUIREMENTS 6.1 Annual Report. The Recipient shall submit a report to AMO by April 30th each year, or as otherwise notified by AMO. The report shall be submitted in an electronic format deemed acceptable by AMO and shall contain the information described in Schedule D. 6.2 Project List. The Recipient shall ensure that projects are reported in advance of construction. Information required is as noted in Section 2.3 of Schedule E. 7. ASSET MANAGEMENT 7.1 Implementation of Asset Management. The Recipient will develop and implement an Asset Management plan, culture, and methodology in accordance with legislation and regulation established by the Government of Ontario (e.g., O. Reg. 588/17). 7.2 Asset Data. The Recipient will continue to improve data describing the condition of, long-term cost of, levels of service provided by, and risks associated with infrastructure assets. 8. HOUSING NEEDS ASSESSMENT 8.1 Requirement. While an HNA is encouraged for all Municipalities, the Recipient must complete a HNA if it had a population of 30,000 or more on the 2021 Census of Canada and is a Single-Tier Municipality or a Lower-Tier Municipality. 8.2 Content of the HNA. The Recipient will prepare the HNA in accordance with the guidance provided from time to time by Canada. 8.3 Use of HNA. The Recipient is expected to prioritize projects that support the growth of the housing supply. The HNA is to be used by Municipalities to prioritize, where possible, Infrastructure or capacity building projects that support increased housing supply where it makes sense to do so. 8.4 Publication of the HNA. The Recipient will publish the HNA on its website. 8.5 HNA reporting requirements. The Recipient will send to AMO by March 31, 2025, unless otherwise agreed upon: a) A copy of any HNA it is required to complete in accordance with Section 8.1; and - 199 - Municipal Funding Agreement on the Canada Community-Building Fund Page 9 of 24 b) The URL to the published HNA on the Recipient’s website. 9. COMMUNICATIONS REQUIREMENTS 9.1 The Recipient will comply with all communication requirements outlined in Schedule E. 10. RECORDS AND AUDIT 10.1 Accounting Principles. All accounting terms not otherwise defined herein have the meanings assigned to them; all calculations will be made and all financial data to be submitted will be prepared in accordance with generally accepted accounting principles (“GAAP”) in effect in Ontario. GAAP will include, without limitation, those principles approved or recommended for local governments from time to time by the Public Sector Accounting Board or the Chartered Professional Accountants of Canada or any successor institute, applied on a consistent basis. 10.2 Separate Records. The Recipient shall maintain separate records and documentation for the Funds and keep all records including invoices, statements, receipts, and vouchers in respect of Funds expended on Eligible Projects in accordance with the Recipient’s municipal records retention by-law. Upon reasonable notice by AMO or Canada, the Recipient shall submit all records and documentation relating to the Funds for inspection or audit. 10.3 External Auditor. AMO or Canada may request, upon written notice to Recipient, an audit of Eligible Project(s) or Annual Report(s). AMO shall retain an external auditor to carry out an audit and ensure that any auditor who conducts an audit pursuant to this Agreement or otherwise, provides a copy of the audit report to the Recipient. 11. INSURANCE AND INDEMNITY 11.1 Insurance. The Recipient shall put in effect and maintain in full force and effect or cause to be put into effect and maintained for the term of this Agreement all the necessary insurance with respect to each Eligible Project, including any Eligible Projects with respect to which the Recipient has transferred Funds pursuant to Section 5 of this Agreement, that would be considered appropriate for a prudent Municipality undertaking similar Eligible Projects, including, where appropriate and without limitation, property, construction, and liability insurance, which insurance coverage shall identify Canada and AMO as additional insureds for the purposes of the Eligible Projects. 11.2 Certificates of Insurance. Throughout the term of this Agreement, the Recipient shall have a valid certificate of insurance that confirms compliance with the requirements - 200 - Municipal Funding Agreement on the Canada Community-Building Fund Page 10 of 24 of Section 11.1. The Recipient shall produce such certificate of insurance on request, including as part of any AMO or Canada audit. 11.3 AMO Not Liable. In no event shall Canada or AMO be liable for: • Any bodily injury, death or property damages to the Recipient, its employees, agents, or consultants or for any claim, demand or action by any Third Party against the Recipient, its employees, agents, or consultants, arising out of or in any way related to this Agreement; or • Any incidental, indirect, special, or consequential damages, or any loss of use, revenue or profit to the Recipient, its employees, agents, or consultants arising out of any or in any way related to this Agreement. 11.4 Recipient to Compensate Canada. The Recipient will ensure that it will not, at any time, hold the Government of Canada, its officers, servants, employees or agents responsible for any claims or losses of any kind that the Recipient, Third Parties or any other person or entity may suffer in relation to any matter related to the Funds or an Eligible Project and that the Recipient will, at all times, compensate Canada, its officers, servants, employees and agents for any claims or losses of any kind that any of them may suffer in relation to any matter related to CCBF funding or an Eligible Project. 11.5 Recipient to Indemnify AMO. The Recipient hereby agrees to indemnify and hold harmless AMO, its officers, servants, employees or agents (each of which is called an “Indemnitee”), from and against all claims, losses, damages, liabilities and related expenses including the fees, charges and disbursements of any counsel for any Indemnitee incurred by any Indemnitee or asserted against any Indemnitee by whomsoever brought or prosecuted in any manner based upon, or occasioned by, any injury to persons, damage to or loss or destruction of property, economic loss or infringement of rights caused by or arising directly or indirectly from: • The Funds; • The Recipient’s Eligible Projects, including the design, construction, operation, maintenance, and repair of any part or all of the Eligible Projects; • The performance of this Agreement or the breach of any term or condition of this Agreement by the Recipient, its officers, servants, employees, and agents, or by a Third Party, its officers, servants, employees, or agents; and • Any omission or other wilful or negligent act of the Recipient or Third Party and their respective officers, servants, employees, or agents. - 201 - Municipal Funding Agreement on the Canada Community-Building Fund Page 11 of 24 12. TRANSFER AND OPERATION OF MUNICIPAL INFRASTRUCTURE 12.1 Reinvestment. The Recipient will invest into Eligible Projects, any revenue that is generated from the sale, lease, encumbrance, or other disposal of an asset resulting from an Eligible Project where such disposal takes place within five (5) years of the date of completion of the Eligible Project. 12.2 Notice. The Recipient shall notify AMO in writing 120 days in advance and at any time during the five (5) years following the date of completion of an Eligible Project if it is sold, leased, encumbered, or otherwise disposed of. 12.3 Public Use. The Recipient will ensure that Infrastructure resulting from any Eligible Project that is not sold, leased, encumbered, or otherwise disposed of, remains primarily for public use or benefit. 13. DEFAULT AND TERMINATION 13.1 Event of Default. AMO may declare in writing that an Event of Default has occurred when the Recipient has not complied with any condition, undertaking or term in this Agreement. AMO will not declare in writing that an Event of Default has occurred unless it has first consulted with the Recipient. For the purposes of this Agreement, each of the following events shall constitute an “Event of Default”: • Failure by the Recipient to deliver in a timely manner an Annual Report or respond to questionnaires or reports as required; • Delivery of an Annual Report that discloses non-compliance with any condition, undertaking or material term in this Agreement; • Failure by the Recipient to co-operate in an external audit undertaken by Canada, AMO or their agents; • Delivery of an external audit report that discloses non-compliance with any condition, undertaking or term in this Agreement; and • Failure by the Recipient to expend Funds in accordance with the terms of this Agreement, including Section 5.8. 13.2 Waiver. AMO may withdraw its notice of an Event of Default if the Recipient, within thirty (30) calendar days of receipt of the notice, either corrects the default or demonstrates, to the satisfaction of AMO in its sole discretion that it has taken such steps as are necessary to correct the default. 13.3 Remedies on Default. If AMO declares that an Event of Default has occurred under Section 13.1, after thirty (30) calendar days from the Recipient’s receipt of the notice - 202 - Municipal Funding Agreement on the Canada Community-Building Fund Page 12 of 24 of an Event of Default, it may immediately terminate this Agreement or suspend its obligation to pay the Funds. If AMO suspends payment, it may pay suspended Funds if AMO is satisfied that the default has been cured. 13.4 Repayment of Funds. If AMO declares that an Event of Default has not been cured to its exclusive satisfaction, AMO reserves the right to declare that prior payments of Funds become a debt to Canada which the Recipient will reimburse forthwith on demand to AMO for transmission to Canada. 14. CONFLICT OF INTEREST 14.1 No Conflict of Interest. The Recipient will ensure that no current member of the AMO Board of Directors and no current or former public servant or office holder to whom any post-employment, ethics and conflict of interest legislation, guidelines, codes or policies of Canada applies will derive direct benefit from the Funds, the Unspent Funds, and any interest earned thereon, unless the provision of receipt of such benefits is in compliance with such legislation, guidelines, policies or codes. 15. NOTICE 15.1 Notice. Any notice, information or document provided for under this Agreement will be effectively given if in writing and if delivered by hand, or overnight courier, mailed, postage or other charges prepaid, or sent by email to the addresses in Section 15.3. Any notice that is sent by hand or overnight courier service shall be deemed to have been given when received; any notice mailed shall be deemed to have been received on the eighth (8) calendar day following the day on which it was mailed; any notice sent by email shall be deemed to have been received on the sender’s receipt of an acknowledgment from the intended recipient (such as by the “return receipt requested” function, as available, return email or other written acknowledgment), provided that in the case of a notice sent by email, if it is not given on a business day before 4:30 p.m. Eastern Standard Time, it shall be deemed to have been given at 8:30 a.m. on the next business day for the recipient. 15.2 Representatives. The individuals identified in Section 15.3 of this Agreement, in the first instance, act as AMO’s or the Recipient’s, as the case may be, representative for the purpose of implementing this Agreement. 15.3 Addresses for Notice. Further to Section 15.1 of this Agreement, notice can be given at the following addresses: - 203 - Municipal Funding Agreement on the Canada Community-Building Fund Page 13 of 24 • If to AMO: Executive Director Canada Community-Building Fund Agreement Association of Municipalities of Ontario 155 University Avenue, Suite 800 Toronto, ON M5H 3B7 Telephone: 416-971-9856 Email: ccbf@amo.on.ca • If to the Recipient: Treasurer The City of Pickering One The Esplanade Pickering, ON L1V 6K7 16. MISCELLANEOUS 16.1 Counterpart Signature. This Agreement may be signed (including by electronic signature) and delivered (including by facsimile transmission, by email in PDF or similar format or using an online contracting service designated by AMO) in counterparts, and each signed and delivered counterpart will be deemed an original and both counterparts will together constitute one and the same document. 16.2 Severability. If for any reason a provision of this Agreement that is not a fundamental term is found to be or becomes invalid or unenforceable, in whole or in part, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable. 16.3 Waiver. AMO may waive any right in this Agreement only in writing, and any tolerance or indulgence demonstrated by AMO will not constitute waiver of rights in this Agreement. Unless a waiver is executed in writing, AMO will be entitled to seek any remedy that it may have under this Agreement or under the law. 16.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in Ontario. 16.5 Survival. The Recipient agrees that the following sections and provisions of this Agreement shall extend for seven (7) years beyond the expiration or termination of this Agreement: Sections 4, 5.8, 5.9, 6.1, 11.4, 11.5, 12, 13.4 and 16.8. 16.6 AMO, Canada and Recipient Independent. The Recipient will ensure its actions do not establish or will not be deemed to establish a partnership, joint venture, principal- - 204 - Municipal Funding Agreement on the Canada Community-Building Fund Page 14 of 24 agent relationship, or employer-employee relationship in any way or for any purpose whatsoever between Canada and the Recipient, between AMO and the Recipient, between Canada and a Third Party or between AMO and a Third Party. 16.7 No Authority to Represent. The Recipient will ensure that it does not represent itself, including in any agreement with a Third Party, as a partner, employee, or agent of Canada or AMO. 16.8 Debts Due to AMO. Any amount owed under this Agreement will constitute a debt due to AMO, which the Recipient will reimburse forthwith, on demand, to AMO. 16.9 Priority. In the event of a conflict, the part of this Agreement that precedes the signature of the Parties will take precedence over the Schedules. 16.10 Complementarity. The Recipient is to use the CCBF to complement, without replacing or displacing, other sources of funding for municipal infrastructure. 16.11 Equity. The Recipient is to consider Gender Based Analysis Plus (“GBA+”) lenses when undertaking a project. 17. SCHEDULES 17.1 This Agreement, including: Schedule A Eligible Investment Categories Schedule B Eligible Expenditures Schedule C Ineligible Expenditures Schedule D The Annual Report Schedule E Communications Requirements constitute the entire agreement between the Parties with respect to the subject matter contained in this Agreement and supersedes all prior oral or written representations and agreements. - 205 - Municipal Funding Agreement on the Canada Community-Building Fund Page 15 of 24 18. SIGNATURES IN WITNESS WHEREOF, AMO and the Recipient have respectively executed, and delivered this Agreement, effective April 1, 2024. THE CITY OF PICKERING By: Name: Susan Cassel Title: City Clerk Date Name: Kevin Ashe Title: Mayor Date THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO By: Name: Title: Executive Director Date Witness: Title: Date - 206 - Municipal Funding Agreement on the Canada Community-Building Fund Page 16 of 24 SCHEDULE A: ELIGIBLE INVESTMENT CATEGORIES 1. Broadband connectivity – investments in the construction, material enhancement, or renewal of infrastructure that provides internet access to residents, businesses, and/or institutions in Canadian communities. 2. Brownfield redevelopment – investments in the remediation or decontamination of a brownfield site within municipal boundaries – provided that the site is being redeveloped to construct a public park for municipal use, publicly owned social housing, or Infrastructure eligible under another investment category listed in this schedule. 3. Capacity-building – investments that strengthen the Recipient’s ability to develop long- term planning practices as described in Schedule B, item 2. 4. Community energy systems – investments in the construction, material enhancement, or renewal of infrastructure that generates energy or increases energy efficiency. 5. Cultural infrastructure – investments in the construction, material enhancement, or renewal of infrastructure that supports the arts, humanities, or heritage. 6. Drinking water – investments in the construction, material enhancement, or renewal of infrastructure that supports drinking water conservation, collection, treatment, and distribution systems. 7. Fire halls – investments in the construction, material enhancement, or renewal of fire halls and fire station infrastructure. 8. Local roads and bridges – investments in the construction, material enhancement, or renewal of roads, bridges, tunnels, highways, and active transportation infrastructure. 9. Public transit – investments in the construction, material enhancement, or renewal of infrastructure that supports a shared passenger transport system that is available for public use. 10. Recreational infrastructure – investments in the construction, material enhancement, or renewal of recreational facilities or networks. 11. Regional and local airports – investments in the construction, material enhancement, or renewal of airport-related infrastructure (excluding infrastructure in the National Airports System). 12. Resilience – investments in the construction, material enhancement, or renewal of built and natural infrastructure assets and systems that protect and strengthen the resilience - 207 - Municipal Funding Agreement on the Canada Community-Building Fund Page 17 of 24 of communities and withstand and sustain service in the face of climate change, natural disasters, and extreme weather events. 13. Short-line rail – investments in the construction, material enhancement, or renewal of railway-related infrastructure for carriage of passengers or freight. 14. Short-sea shipping – investments in the construction, material enhancement, or renewal of infrastructure related to the movement of cargo and passengers around the coast and on inland waterways, without directly crossing an ocean. 15. Solid waste – investments in the construction, material enhancement, or renewal of infrastructure that supports solid waste management systems (including the collection, diversion, and disposal of recyclables, compostable materials, and garbage). 16. Sport infrastructure – investments in the construction, material enhancement, or renewal of amateur sport infrastructure (facilities housing professional or semi-professional sports teams are ineligible). 17. Tourism infrastructure – investments in the construction, material enhancement, or renewal of infrastructure that attracts travelers for recreation, leisure, business, or other purposes. 18. Wastewater – investments in the construction, material enhancement, or renewal of infrastructure that supports wastewater and storm water collection, treatment, and management systems. Note: Investments in health infrastructure (e.g., hospitals, long-term care facilities, convalescent centres, and senior centres) are not eligible. - 208 - Municipal Funding Agreement on the Canada Community-Building Fund Page 18 of 24 SCHEDULE B: ELIGIBLE EXPENDITURES Eligible Expenditures will be limited to the following: 1. Infrastructure investments – expenditures associated with acquiring, planning, designing, constructing, or renovating a tangible capital asset and any related debt financing charges specifically identified with that asset. 2. Capacity-building costs – for projects eligible under the capacity-building category only, expenditures associated with the development and implementation of: • Capital investment plans, integrated community sustainability plans, integrated regional plans, housing needs assessments, or asset management plans; • Studies, strategies, systems, software, third-party assessments, plans, or training related to asset management; • Studies, strategies, systems, or plans related to housing or land use; • Studies, strategies, or plans related to the long-term management of infrastructure; and • Other initiatives that strengthen the Recipient’s ability to improve local and regional planning. 3. Joint communications and signage costs – expenditures directly associated with joint federal communication activities and with federal project signage. 4. Employee costs – the costs of the Recipient’s employees for projects eligible under the capacity-building category only – provided that the costs, on an annual basis, do not exceed the lesser of: • 40% of the Recipient’s annual allocation (i.e., the amount of CCBF funding made available to the Recipient by AMO under Section 5.5 of this Agreement); or • $80,000. - 209 - Municipal Funding Agreement on the Canada Community-Building Fund Page 19 of 24 SCHEDULE C: INELIGIBLE EXPENDITURES The following are deemed Ineligible Expenditures: 1. Costs incurred before the Fund was established – project expenditures incurred before April 1, 2005. 2. Costs incurred before categories were eligible – project expenditures incurred: • Before April 1, 2014 – under the broadband connectivity, brownfield redevelopment, cultural infrastructure, disaster mitigation (now resilience), recreational infrastructure, regional and local airports, short-line rail, short-sea shipping, sport infrastructure, and tourism infrastructure categories; and. • Before April 1, 2021 – under the fire halls category. 3. Internal costs – the Recipient’s overhead costs (including salaries and other employment benefits), operating or administrative costs (related to planning, engineering, architecture, supervision, management, and other activities normally carried out by the Recipient’s staff), and equipment leasing costs – except in accordance with Eligible Expenditures described in Schedule B. 4. Rebated costs – taxes for which the Recipient is eligible for a tax rebate and all other costs eligible for rebates. 5. Land costs – the purchase of land or any interest therein and related costs. 6. Legal fees. 7. Routine repair or maintenance costs – costs that do not result in the construction, material enhancement, or renewal of a tangible capital asset. 8. Investments in health infrastructure – costs associated with health infrastructure or assets (e.g., hospitals, long-term care facilities, convalescent centres, and senior centres). 9. Investments in professional or semi-professional sports facilities – costs associated with facilities used by professional or semi-professional sports teams. - 210 - Municipal Funding Agreement on the Canada Community-Building Fund Page 20 of 24 SCHEDULE D: ANNUAL REPORT The Annual Report may include – but is not necessarily limited to – the following information pertaining to the previous fiscal year: 1. Financial information – and particularly: • Interest earnings and investment gains – in accordance with Section 5.7; • Proceeds from the disposal of assets – in accordance with Section 12.1; • Outgoing transfers – in accordance with Sections 5.3 and 5.4; • Incoming transfers – in accordance with Section 5.3; and • Amounts paid – in aggregate for Eligible Expenditures on each Eligible Project. 2. Project information – describing each Eligible Project that started, ended, or was ongoing in the reporting year. 3. Results – and particularly: • Expected outputs and outcomes for each ongoing Eligible Project; • Outputs generated and outcomes achieved for each Eligible Project that ended construction in the reporting year; and • Housing outcomes resulting from each Eligible Project that ended construction in the reporting year, and specifically: i. The number of housing units enabled, supported, or preserved; and ii. The number of affordable housing units enabled, supported, or preserved. 4. Other information – such as: • Progress made in the development and implementation of asset management plans and systems; and • The impact of the CCBF on housing pressures tied to infrastructure gaps, the housing supply, and housing affordability. - 211 - Municipal Funding Agreement on the Canada Community-Building Fund Page 21 of 24 SCHEDULE E: COMMUNICATIONS REQUIREMENTS 1. COMMUNICATIONS ACTIVITIES 1.1 Scope. The provisions of this Schedule apply to all communications activities related to any Funds and Eligible Projects. 1.2 Definition. Communications activities may include (but are not limited to) public or media events, news releases, reports, web articles, blogs, project signs, digital signs, publications, success stories and vignettes, photo compilations, videos, advertising campaigns, awareness campaigns, editorials, award programs, and multi-media products. 2. INFORMATION SHARING REQUIREMENTS 2.1 Notification requirements. The Recipient must report all active Eligible Projects to AMO in advance of construction each year. Reports must be submitted in an electronic format deemed acceptable by AMO. 2.2 Active Eligible Projects. Active Eligible Projects are those Eligible Projects that either begin in the current calendar year or are ongoing in the current calendar year. 2.3 Information required. The report must include, at a minimum, the name, category, description, expected outcomes, anticipated CCBF contribution, anticipated start date, and anticipated end date of each active Eligible Project. 3. PROJECT SIGNAGE REQUIREMENTS 3.1 Installation requirements. Unless otherwise approved by Canada, the Recipient must install a federal sign to recognize federal funding for each Eligible Project in accordance with design, content, and installation guidelines provided by Canada. 3.2 Permanent signs, plaques, and markers. Permanent signage, plaques, and markers recognizing municipal or provincial contributions to an Eligible Project must also recognize the federal contribution and must be approved by Canada. 3.3 Responsibilities. The Recipient is responsible for the production and installation of Eligible Project signage in accordance with Section 3 of this Schedule E, except as otherwise agreed upon. 3.4 Reporting requirements. The Recipient must inform AMO of signage installations in a manner determined by AMO. - 212 - Municipal Funding Agreement on the Canada Community-Building Fund Page 22 of 24 4. DIGITAL COMMUNICATIONS REQUIREMENTS 4.1 Social media. AMO maintains accounts dedicated to the CCBF on several social media networks. The Recipient must @mention the relevant account when producing content that promotes or communicates progress on one or more Eligible Projects. AMO’s CCBF-dedicated social media accounts are identified on www.buildingcommunities.ca. 4.2 Websites and webpages. Websites and webpages created to promote or communicate progress on one or more Eligible Projects must recognize federal funding using either: a) A digital sign; or b) The Canada wordmark and the following wording (as applicable): i. “This project is funded in part by the Government of Canada”; or ii. “This project is funded by the Government of Canada”. The Canada wordmark or digital sign must link to www.infrastructure.gc.ca. Guidelines describing how this recognition is to appear and language requirements are posted at http://www.infrastructure.gc.ca/pub/signage-panneaux/intro-eng.html. 5. REQUIREMENTS FOR MEDIA EVENTS AND ANNOUNCEMENTS 5.1 Definitions. Media events and announcements include, but are not limited to, news conferences, public announcements, and the issuing of news releases to communicate the funding of Eligible Projects or achievement of key milestones (such as groundbreaking ceremonies, grand openings, and completions). 5.2 Authority. Canada, AMO, or the Recipient may request a media event or announcement. 5.3 Notification requirements. Media events and announcements must not proceed without the prior knowledge and agreement of AMO, Canada, and the Recipient. 5.4 Notice. The requester of a media event or announcement must provide at least fifteen (15) business days’ notice to other parties of their intention to undertake such an event or announcement. If communications are proposed through a news release with no supporting event, Canada additionally requires five (5) business days with the draft news release to secure approvals and confirm the federal representative’s quote. 5.5 Date and location. Media events and announcements must take place at a date and location that is mutually agreed to by the Recipient, AMO and Canada. - 213 - Municipal Funding Agreement on the Canada Community-Building Fund Page 23 of 24 5.6 Representatives. The Recipient, AMO, and Canada will have the opportunity to participate in media events and announcements through a designated representative. Each Party will choose its own designated representative. 5.7 Responsibilities. AMO and the Recipient are responsible for coordinating all onsite logistics for media events and announcements unless otherwise agreed on. 5.8 No unreasonable delay. The Recipient must not unreasonably delay media events and announcements. 5.9 Precedence. The conduct of all joint media events, announcements, and supporting communications materials (e.g., news releases, media advisories) will follow the Table of Precedence for Canada. 5.10 Federal approval. All joint communications material related to media events and announcements must be approved by Canada and recognize the funding of all contributors. 5.11 Federal policies. All joint communications material must reflect Canada’s Policy on Official Languages and the Policy on Communications and Federal Identity. 5.12 Equal visibility. The Recipient, Canada, and AMO will have equal visibility in all communications activities. 6. PROGRAM COMMUNICATIONS 6.1 Own communications activities. The Recipient may include messaging in its own communications products and activities with regards to the use of Funds. 6.2 Funding acknowledgements. The Recipient must recognize the funding of all contributors when undertaking such activities. 7. OPERATIONAL COMMUNICATIONS 7.1 Responsibilities. The Recipient is solely responsible for operational communications with respect to the Eligible Projects, including but not limited to, calls for tender, construction, and public safety notices. Operational communications as described above are not subject to the federal official languages policy. 7.2 Federal funding acknowledgement. Operational communications should include, where appropriate, the following statement (as appropriate): a) “This project is funded in part by the Government of Canada”; or b) “This project is funded by the Government of Canada”. - 214 - Municipal Funding Agreement on the Canada Community-Building Fund Page 24 of 24 7.3 Notification requirements. The Recipient must share information promptly with AMO should significant emerging media or stakeholder issues relating to an Eligible Project arise. AMO will advise the Recipient, when appropriate, about media inquiries received concerning an Eligible Project. 8. COMMUNICATING SUCCESS STORIES 8.1 Participation requirements. The Recipient must work with Canada and AMO when asked to collaborate on communications activities – including, but not limited to, Eligible Project success stories (including positive impacts on housing), Eligible Project vignettes, and Eligible Project start-to-finish features. 9. ADVERTISING CAMPAIGNS 9.1 Responsibilities. The Recipient may, at its own cost, organize an advertising or public information campaign related to the use of the Funds or Eligible Projects, provided that the campaign respects the provisions of this Agreement. 9.2 Notice. The Recipient must inform Canada and AMO of its intention to organize a campaign no less than twenty-one (21) working days prior to the launch of the campaign. - 215 - Report to Council Report Number: LEG 02-24 Date: June 24, 2024 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Expropriation of Lands Required for a New Fire Station -1521 Bayly Street, Pickering-File: L-4610-002-24 Recommendation: 1.That authority be granted to City of Pickering staff to initiate expropriation proceedings forthe acquisition of the property municipally known as 1521 Bayly Street, Pickering asdepicted in Attachment 1 for the purposes of building a new Fire Station; 2.That authority be granted to City of Pickering staff to serve and publish Notices of Application for Approval to Expropriate the said property, and to forward to the OntarioLand Tribunal any requests for hearing received, to attend the hearings to present theCity of Pickering’s position, and to present the Ontario Land Tribunal’s recommendationsto City Council for consideration; 3. That authority be granted to the City Clerk and the Mayor to execute such notices andforms as may be statutorily mandated by the Expropriations Act, R.S.O. 1990, c. E.26 togive effect to Recommendation 2 in this report, including the Notices of Application ofApproval to Expropriate; and 4.That appropriate City of Pickering officials be authorized to take the actions necessary toimplement the recommendations in this report. Executive Summary: The purpose of this report is to obtain approval to expropriate the property municipally known as 1521 Bayly Street, Pickering (the “Property”) for a new Fire Station. Approval of the Recommendations in this report will enable staff to commence the expropriation process, with a subsequent report to Council to be presented before finalization of the expropriation by registration of a Plan of Expropriation. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advocate for an Inclusive, Welcoming, Safe & Healthy Community. -~of- Pl(KERJNG - 216 - LEG 02-24 June 24, 2024 Subject: Expropriation of Lands Required for a New Fire Station Page 2 Financial Implications: Under the Expropriations Act R.S.O. 1990, c. E.26, the City is obligated to determine the fair market value of the Property. Fair market value is determined by the completion of an Appraisal Report in accordance with AACI (Accredited Appraiser Canadian Institute) certified standards. The City of Pickering has completed an initial appraisal for the required property. Discussion: The purpose of this report is to obtain approval to expropriate the property municipally known as 1521 Bayly Street, Pickering (the “Property”) for a new Fire Station. Fire Station 5 is located at 1616 Bayly Street, and was originally constructed in 1969. It served as one of two fire halls in the old Town of Pickering. It has undergone several renovations and additions over the years and is now at the end of its life due to structural issues. Operations Department staff have determined that the City cannot build a new Fire Station on the existing site while keeping the existing Station in operation. Operations staff also considered another approach of setting up a temporary Fire Station in a nearby location while demolishing the existing Station and rebuilding on the same site. It has been determined that this approach would be prohibitively costly. An exhaustive search for a new location was conducted by the Fire Services and Economic Development Departments. There are few options available for a new location within Station 5’s response area. Ultimately, City staff identified the Property at 1521 Bayly Street as an ideal new location for Fire Station 5. The Property consists of 0.83 acres of employment land at the southeast corner of Bayly Street and Sandy Beach Road, as shown on Attachment 1 to this report. The Property, which is currently vacant, is located approximately 400 meters from the existing location of Fire Station 5. The City of Pickering has commissioned an appraisal report to determine the fair market value of the Property. Efforts to negotiate the terms of an amicable purchase from the landowner have failed. Because an agreement could not be reached with the Property owner, the City needs to expropriate the Property, so that design and construction of the new Fire Station can begin. City staff will continue to negotiate with the landowner for the voluntary purchase of the site even after the commencement of expropriation proceedings. Should Council approve the Recommendations in this report, City staff will proceed with service of a Notice of Application for Approval to Expropriate, and will seek further authority from Council (in a subsequent report) to complete the expropriation by enacting an Expropriation By-law and Registering a Plan of Expropriation. Upon registration of a Plan of Expropriation, the City will become the owner of the Property. Attachment: 1. Location Map of 1521 Bayly Street - 217 - LEG 02-24 June 24, 2024 Subject: Expropriation of Lands Required for a New Fire Station Page 3 Prepared/Approved/Endorsed By: Paul Bigioni Director, Corporate Services & City Solicitor PB:ks Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By: Original Signed By: - 218 - Attachment 1 to Report LEG 02-24 1521 Bayly Street Pickerirg, Ontario - 219 - Report to Council Report Number: LIB 01-24 Date: June 24, 2024 From: Jackie Flowers CEO/Director of Public Libraries, Pickering Public Library Subject: Funding Out of Country Conference - Pickering Public Library Staff - File: A-1440 Recommendation: 1. Council approve international travel for one Library staff to attend the Association for Rural and Small Libraries (“ARSL”) Annual Conference in Springfield, Massachusetts at a cost not to exceed $1,300; and 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this Report. Executive Summary: The purpose of this report is to authorize Library staff to present at a library conference out of country. This report is submitted per section 10.02 of the City of Pickering’s Financial Control Policy (FIN 030) requiring Council’s approval for out-of-country conferences funded by the City. The 2024 Association for Rural and Small Libraries (“ARSL”) Annual Conference will be held from September 11 to September 13, 2024, in Springfield, MA. Funds are budgeted annually in the Current Budget to support staff to attend library sector conferences. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advocate for an Inclusive, Welcoming & Safe & Healthy Community. Financial Implications: The Pickering Public Library 2024 Current Budget included $11,000.00 for Conferences (501100.0000) and $5,000.00 for Travel costs (501130.0000). The expenses for one Library staff to attend the ARSL Conference is $1,300.00 which includes travel, accommodations and conference registration. Discussion: The purpose of this report is to authorize Library staff to present at a library conference out of country. The Pickering Public Library supports staff in their professional development through the training and conferences budgets. It is also an opportunity for staff to share public service strategies with the library sector. The ARSL Annual Conference offers staff the opportunity to gather new ideas and solutions to address the major challenges and - 220 - LIB 01-24 June 24, 2024 Subject: Funding Out of Country Conference Page 2 opportunities facing public libraries, as well as learn about new products and services offered by library vendors and build connections with library professionals from across North America. This year, Pickering Public Library staff will be presenting as part of a panel with other library leaders on safety challenges in public libraries. The 2024 ARSL Annual Conference will be held from September 11 to September 13, 2024, in Springfield, MA. Attachments: None. Prepared By: :jf Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By Jackie Flowers CEO/Director of Public Library Original Signed By - 221 - Report to Council Report Number: OPS 13-24 Date: June 24, 2024 From: Brian Duffield Director, Operations Subject: Supply & Delivery of Five 1 Ton Trucks - Quotation No. RFQ2024-11 - File: A-1440 Recommendation: 1. That Quotation No. RFQ2024-11 submitted by Downtown Auto Group, in the amount of $495,462.35 (HST excluded) be accepted; 2. That the total gross project cost of $559,872.00 (HST included), and that the total net project cost of $504,182.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $504,182.00 as provided for in the 2024 Capital Budget as follows: a) The sum of $201,673.00 to be funded from by Development Charges – Other Highway Services Reserve Fund; b) The sum of $201,673.00 to be funded from Development Charges – Parks and Recreation Reserve Fund; c) The sum of $100,836.00 to be funded from the Vehicle Replacement Reserve; 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: The purpose of this report is to award Quotation No. RFQ2024-11 for the supply and delivery of five 1 ton trucks. The Public Works Division, within the Operations Department, currently utilizes various 1 ton trucks for a variety of work tasks. Vehicle #777 has met or exceeded its scheduled replacement date. Due to growth, an additional four new 1 ton trucks were approved in the 2024 Capital Budget. Request for Quotation No. RFQ2024-11 was posted on the City’s bids&tenders portal on April 9, 2024. Six companies responded by the closing date of May 10, 2024. Downtown Auto Group was the lowest compliant response with a price of $495,462.35 (HST excluded). In accordance with Purchasing Policy Item 06.11(c), where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is over - 222 - OPS 13-24 June 24, 2024 Subject: Supply & Delivery of Five 1 Ton Trucks Page 2 $250,000.00, the Manager may approve the award, subject to the approval of the Director, Finance & Treasurer, CAO, and Council. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community. Financial Implications: 1. Quotation Amount Quotation No. RFQ2024-11 $495,462.35 HST (13%) Total Gross Quotation Cost 64,410.11 $559,872.46 2. Estimated Project Costing Quotation No. RFQ2024-11 $495,462.35 Total Project Cost $495,462.00 HST (13%) 64,410.00 Total Gross Project Costs $559,872.00 HST Rebate (11.24%) (55,690.00) Total Net Project Cost $504,182.00 3. Approved Source of Funds Description Account Code Source of Funds Available Budget Required 1 Ton Truck with Aluminum Dump Body & Tailgate Lift (2 new) 1 Ton Truck with Aluminum Dump Body & Tailgate Lift (2 new) C10315.2415 C10315.2415 DC-Debt- 5 year DC – Other Hwy $165,000.00 165,000.00 $0.00 201,673.00 1 Ton Dump Truck with Tailgate Lift (new) C10320.2404 DC-Parks & Rec 110,000.00 100,837.00 1 Ton Dump Truck with Tailgate Lift (new) C10320.2421 DC-Parks & Rec 110,000.00 100,836.00 - 223 - OPS 13-24 June 24, 2024 Subject: Supply & Delivery of Five 1 Ton Trucks Page 3 Description Account Code Source of Funds Available Budget Required 1 Ton Truck with Aluminum Dump Body & Tailgate Lift (replacement) C10320.2423 Vehicle Replacement Reserve 100,000.00 100,836.00 Total Funds $650,000.00 $504,182.00 Project Cost under (over) approved funds by $145,818.00 Discussion: The purpose of this report is to award Quotation No. RFQ2024-11 for the supply and delivery of five 1 ton trucks. The Public Works Division, within the Operations Department currently utilizes various 1 ton trucks for a variety of work tasks. Vehicle #777 has met or exceeded its scheduled replacement date. Due to growth, an additional four new 1 ton trucks were approved in the 2024 Capital Budget. These types of trucks are versatile pieces of equipment that can be used by various divisions within Public Works. They are used in the summer months to maintain roadways, assist with new construction and haul assorted materials. During the winter on-call season, they can be equipped with a plow and salter to meet required Minimum Maintenance Standards (MMS) under regulation O. Reg. 239/02. Request for Quotation No. RFQ2024-11 was posted on the City’s bids&tenders portal on April 9, 2024. Six companies responded by the closing date of May 10, 2024. Downtown Auto Group was the lowest compliant response with a price of $495,462.35 (HST excluded). After careful review of all submissions received, Operations’ staff recommend the acceptance of Quotation No. RFQ2024-11 submitted by Downtown Auto Group, and that the total net project cost of $504,182.00 (net of HST rebate) be approved. Attachment: None. Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Matt Currer Cathy Bazinet, CPPB, NIGP-CPP Manager, Fleet Operations Manager, Procurement - 224 - OPS 13-24 June 24, 2024 Subject: Supply & Delivery of Five 1 Ton Trucks Page 4 Original Signed By: Original Signed By: Brian Duffield Stan Karwowski, MBA, CPA, CMA Director, Operations Director, Finance & Treasurer BD:mc Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 225 - Report to Council Report Number: OPS 14-24 Date: June 24, 2024 From: Brian Duffield Director, Operations Subject: Supply & Delivery of Five Pickup Trucks - Quotation No. RFQ2024-19 - File: A-1440 Recommendation: 1. That Quotation No. RFQ2024-19 submitted by John Bear Buick GMC Limited, in the amount of $326,454.00 (HST excluded) be accepted; 2. That the total gross project cost of $368,893.00 (HST included), and that the total net project cost of $332,200.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $332,200.00 as provided for in the 2024 Capital Budget as follows: a) The sum of $197,318.00 to be funded from the Vehicle Replacement Reserve Fund; b) The sum of $134,882.00 to be funded from Development Charges - Parks and Recreation Reserve Fund; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The purpose of this report is to award Quotation No. RFQ2024-19 for the supply and delivery of five pickup trucks. The Public Works Division, within the Operations Department, currently utilizes various pickup trucks for a variety of work tasks. Vehicles #27 and #210 have met or exceeded their scheduled replacement dates. Additionally, due to growth, three new pickup trucks were approved in the 2024 Capital Budget. Request for Quotation No. RFQ2024-19 was posted on the City’s bids&tenders portal on April 16, 2024. Five companies responded by the closing date of May 16, 2024. John Bear Buick GMC Limited was the lowest compliant response with a price of $326,454.00 (HST excluded). In accordance with Purchasing Policy Item 06.11(c), where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is over $250,000.00, the Manager may approve the award, subject to the approval of the Director, Finance & Treasurer, CAO, and Council. - 226 - OPS 14-24 June 24, 2024 Subject: Supply & Delivery of Five Pickup Trucks Page 2 Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community. Financial Implications: 1. Quotation Amount Quotation No. RFQ2024-19 $326,454.00 HST (13%) Total Gross Quotation Cost 42,439,02 $368,893.02 2. Estimated Project Costing Quotation No. RFQ2024-19 $326,454.00 Total Project Cost $326,454.00 HST (13%) 42,439.00 Total Gross Project Costs $368,893.00 HST Rebate (11.24%) (36,693.00) Total Net Project Cost $332,200.00 3. Approved Source of Funds Description Account Code Source of Funds Available Budget Required ½ Ton Pickup Truck Replacement C10300.2403 Vehicle Replacement Reserve $65,000.00 $63,152.00 ½ Ton Pickup Truck Replacement C10315.2407 Vehicle Replacement Reserve 65,000.00 68,139.00 ½ Ton Pickup Truck (new) C10315.2417 Vehicle Replacement Reserve 80,000.00 66,027.00 ½ Ton Pickup Truck (new) C10320.2406 DC-Parks & Rec 80,000.00 66,792.00 ¾ Ton Pickup Truck (new) C10320.2424 DC-Parks & Rec 100,000.00 68,090.00 Total Funds 390,000.00 332,200.00 - 227 - OPS 14-24 June 24, 2024 Subject: Supply & Delivery of Five Pickup Trucks Page 3 Project Cost under (over) approved funds by $57,800.00 Discussion: The purpose of this report is to award Quotation No. RFQ2024-19 for the supply and delivery of five pickup trucks. Fleet Services manages and assists with the procurement of the City’s fleet. As reflected in the 2024 Capital Budget, the vehicles listed above were approved for purchase. Pickup trucks are versatile pieces of equipment that can be used by various divisions within Public Works. They are used in the summer months to maintain roadways, assist with new construction and haul assorted materials. During the winter on-call season, they can be equipped with a plow and salter to meet required Minimum Maintenance Standards (MMS) under regulation O. Reg. 239/02. Request for Quotation No. RFQ2024-19 was posted on the City’s bids&tenders portal on April 16, 2024. Five companies responded by the closing date of May 16, 2024. John Bear Buick GMC Limited was the lowest compliant response with a price of $326,454.00 (HST excluded). After careful review of all submissions received, Operations’ staff recommend the acceptance of Quotation No. RFQ2024-19 submitted by John Bear Buick GMC Limited, and that the total net project cost of $332,200.00 (net of HST rebate) be approved. Attachment: None Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Matt Currer Cathy Bazinet, CPPB, NIGP-CPP Manager, Fleet Operations Manager, Procurement Original Signed By: Original Signed By: Brian Duffield Stan Karwowski, MBA, CPA, CMA Director, Operations Director, Finance & Treasurer BD:mc - 228 - OPS 14-24 June 24, 2024 Subject: Supply & Delivery of Five Pickup Trucks Page 4 Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 229 - Report to Council Report Number: OPS 15-24 Date: June 24, 2024 From: Brian Duffield Director, Operations Subject: Consulting Services for Council Chambers Renovations - File: A-1440 Recommendation: 1. That RFP2024-9 for Architectural and Engineering Consulting Services for Council Chambers Renovations submitted by +VG Architects in the amount of $274,237.00 (HST excluded) be accepted; 2. That the total gross project cost of $408,198.00 (HST included), including the amount of the proposal, contingency and other associated costs, and the total net project cost of $367,595.00 (net of HST rebate), be approved; 3. That the Director, Finance & Treasurer be authorized to finance the net project cost of $367,595.00 as approved in the 2023 Capital Budget as follows: a. The sum of $250,000.00 to be funded by a transfer from the Casino Reserve; and, b. The sum of $117,595.00 to be funded by a transfer from the Rate Stabilization Reserve. 4. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Executive Summary: The purpose of this report is to award Request for Proposal No. RFP2024-9 for Architectural and Engineering Consulting Services for Council Chambers Renovations, including upgrades to the Main Committee Room and interconnecting spaces. Work includes overall improvements to accessibility, security, acoustic performance, audio- visual systems, controls, electrical and mechanical systems, millwork, finishes and related systems and building elements. Request for Proposal No. RFP2024-9 was advertised on the City’s bids&tenders portal on April 18, 2024, and closed on May 21, 2024. Two proponents submitted bids. The Evaluation Committee, consisting of staff from Corporate Services, Operations and Community Services, reviewed and evaluated the proposals received using criteria outlined in the bid document. All pre-conditions of award required in accordance with the bid document have been reviewed and approved. The top-ranked proposal submitted by +VG Architects in the amount of $309,887.00 (HST included) is recommended for approval. The total gross project cost is estimated to be $408,198.00 (HST included) and the total net project cost is estimated $367,595.00 (net of HST rebate). - 230 - OPS 15-24 June 24, 2024 Subject: Consulting Services for Council Chambers Renovations Page 2 Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Corporate Key of Deliver on Good Governance – Customer Service Excellence; and the Priority of Advocate for an Inclusive, Welcoming, Safe & Healthy Community. Financial Implications: 1. RFP Amount RFP2024-9 $274,237.00 HST (13%) Total Gross Tender Cost 35,650.81 $309,887.81 2. Estimated Project Costing Summary RFP2024-9 $274,237.00 Testing & Inspection 30,000.00 Permits & Approvals 25,000.00 Contingency (12%) 32,000.00 Total Project Cost $361,237.00 HST (13%) 46,961.00 Total Gross Project Costs $408,198.00 HST Rebate (11.24%) (40,603.00) Total Net Project Cost $367,595.00 3. Approved Source of Funds - Community Centres Capital Budget Approved Code Source of Funds Approved Budget Funds Required C10240.2301 Rate Stabilization Reserve $365,000.00 $117,595.00 C10240.2302 C10240.2402 Casino Reserve Facilities Reserve 250,000.00 38,500.00 250,000.00 0.00 Total Funds $653,500.00 $367,595.00 Project Cost under (over) approved funds by $285,905.00 The three capital projects referenced above will be tendered as one project. It is recommended that all costs be consolidated under the capital project C10240.2302 (Council Chamber Renovation). The funding from C10240.2301 (Audio-Visual, Sound System, Security and Privacy Upgrades) and C10240.2402 (HVAC SF 3 & RF 3 Replacement) will be transferred to C10240.2302 and the capital accounts will be subsequently closed. - 231 - OPS 15-24 June 24, 2024 Subject: Consulting Services for Council Chambers Renovations Page 3 Discussion: The purpose of this report is to award Request for Proposal No. RFP2024-9 for Architectural and Engineering Consulting Services for Council Chambers Renovations, including upgrades to the Main Committee Room and interconnecting spaces. Work includes overall improvements to accessibility, security, acoustic performance, audio-visual systems, controls, electrical and mechanical systems, millwork, finishes and related systems and building elements. Originally opened in 1990, the Pickering Civic Complex was designed prior to the incorporation of accessibility requirements in the Ontario Building Code and general adoption of digital technology in the workplace. Ad hoc upgrades have been made to the Council Chambers over time, but a full renovation has never been undertaken. As the principal formal point of interaction between citizens and their elected officials, the space is significantly out of sync with modern accessibility standards and requirements. Much of the infrastructure and technology currently in use in the space is also dated, with major systems becoming obsolete, incompatible with newer models, and increasingly difficult to repair or maintain. Wholesale replacement is now required in order to meet current functional requirements. To ensure full accessibility, proposed upgrades include infilling of the central seating bowl of the existing Council Chambers in order to provide a uniform floor level matching that of the main lobby. Existing millwork and built-in furniture will be removed and replaced with new fixed seating and improved working surfaces suitable to the formal character and function of the space. This will include and require complete replacement of all existing electrical and digital systems except the two large overhead display screens installed in 2022. Drum and dome interiors are especially difficult spaces to manage with regard to sound distribution. The project scope includes a full acoustic study of the chamber in order to ensure that the new sound systems are properly specified and configured to meet its unique needs. Fixed and mobile microphones supported by an array of different speakers layered throughout the renovated chambers will be required to achieve the required performance. Additional work will include replacement of key HVAC equipment serving the Council Chambers that is also nearing end of life, as well as general upgrades and improvements to finishes, wayfinding, camera systems, safety and security, IT infrastructure, assistive listening technology, conversion to energy efficient LED lighting, incorporation of public art, introduction of electronic voting systems, and other related systems and controls required to meet the demands of a contemporary space fully incorporating hybrid and online meeting capabilities. Secondary work includes the replacement of the enclosed glass corridor enclosure connecting the administrative area of City Hall to the Council Chambers, which is at end of life. Privacy upgrades will also be included for both the Main Committee Room and the Council Chambers in order to provide added flexibility for their use during confidential meetings. The intent is to complete as much related work at one time as possible in order to minimize the need for repeated disruptive construction in the same parts of the building. All future confidential Council meetings are intended to take place in the Council Chambers. Upgrades to the Main Committee Room and primarily for increased acoustic separation given the increased number of workstations now present in the surrounding spaces. - 232 - OPS 15-24 June 24, 2024 Subject: Consulting Services for Council Chambers Renovations Page 4 Three schematic design options will be prepared. Subject to Council’s approval of one preferred option, design development would proceed, and documents finalized, to allow for construction to begin in July 2025 so that all work is completed prior to the inaugural meeting of Council following the 2026 municipal elections. Business normally conducted in the Council Chambers would tentatively transition to an online format during the construction period. A more precise schedule would be made available following completion and acceptance of design. Request for Proposal No. RFP2024-9 was placed on the City’s bids&tenders portal on April 18, 2024. Two companies responded by the closing date of May 21, 2024. +VG Architects was the lowest compliant response with a price of $274,237.00 (HST excluded). Proposals were evaluated and ranked based on the consultant’s experience and qualifications, similar or related projects, the proponent’s demonstrated understanding of the project, and their pricing. All pre-conditions of award required in accordance with the bid document have been received, reviewed and approved. The top-ranked proposal submitted by +VG Architects, in the amount of $274,237.00 (HST excluded), is recommended for approval. The total gross project cost is estimated to be $408,198.00 (HST included) and the total net project cost is estimated at $367,595.00 (net of HST rebate). Attachment: None. Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Vince Plouffe, OAA, MRAIC Cathy Bazinet, CPPB, NIGP-CPP (Acting) Director, Operations Manager, Procurement Original Signed By: Laura Gibbs Director, Community Services Original Signed By: Stan Karwowski Director, Finance & Treasurer - 233 - OPS 15-24 June 24, 2024 Subject: Consulting Services for Council Chambers Renovations Page 5 BD:vp Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 234 - Report to Council Report Number: PLN 22-24 Date: June 24, 2024 From: Kyle Bentley Director, City Development & CBO Subject: Notice of Objection to Part IV Designation of 301 Kingston Road -File: A-3300-084 Recommendation: 1.That Council decline the objection, and affirm the March 25, 2024, Council Resolution #439/24, to designate 301 Kingston Road under Part IV, Section 29 of the Ontario Heritage Act; 2. That the By-law included as Attachment 4 to Report PLN 22-24, designating the propertyat 301 Kingston Road, in accordance with Part IV, Section 29 of the Ontario Heritage Act,be enacted; and 3.That Council direct staff to serve a Notice of Passing for the property located at 301 Kingston Road, known as Toynevale Farm, as a property of cultural heritage value or interestpursuant to Section 29(8) of the Ontario Heritage Act. Executive Summary: The purpose of this report is to provide Council with information, analysis, and options regarding an objection to the City’s Notice of Intention to Designate 301 Kingston Road, which was published in the Toronto Star on April 5, 2024. Under Section 29(5) of the Ontario Heritage Act, anyone may serve the Clerk with a notice of objection within 30 days of the publication of the notice of intention to designate, triggering a Council review of the original decision. An objection letter from the Donnell Law Group, the property owner’s lawyer, was received on April 18, 2024. The objection letter requested that the City of Pickering Council withdraw the Notice of Intention to Designate in accordance with Sections 29(7) and (8) of the Ontario Heritage Act. The letter stated that it is the Donnell Law Group’s opinion that the property does not meet the minimum threshold for designation under the Ontario Heritage Act. Staff have reviewed the objection raised by the Donnell Law Group. Staff remain of the opinion that, despite the objection, the property meets Ontario Regulation 9/06, the criteria prescribed for designation under Part IV, Section 29 of the Ontario Heritage Act, under all three categories of physical, historical/associative, and contextual values. Should Council proceed with the Part IV designation of the property, the property owner will have the right to appeal the designation to the Ontario Land Tribunal (OLT). An appeal must be made within 30 days of publication of the Notice of Passing in the newspaper. The appeal must set out the reason for the objection to the by-law and all relevant facts. - 235 - PLN 22-24 June 24, 2024 Subject: Notice of Objection to Part IV Designation of 301 Kingston Road Page 2 If a hearing is held, the tribunal will decide whether to dismiss the appeal, to repeal or amend the designation by-law, or to order the municipality to repeal or amend the by-law. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priorities of Champion Economic Leadership and Innovation; Advocate for an Inclusive, Welcoming, Safe & Healthy Community; and Strengthen Existing & Build New Partnerships. Financial Implications: There are no direct costs associated with this report. However, should Council proceed with the Part IV designation of the property, the owner will have the right to appeal the designation to the Ontario Land Tribunal (OLT). In that circumstance, defending the designation would require the City to retain outside legal assistance and a qualified heritage witness to appear before the tribunal, creating additional costs for the City. Additionally, as noted under the Discussion section of this report, an application has been filed with the Ontario Superior Court of Justice to quash the City’s Order to Remedy an Unsafe Building. In the Application, the owner of the property has indicated that they are seeking legal costs associated with the Court Application from the City. Costs will be incurred by the City to defend the City’s position against the Application. However, the amount of those costs is not yet known at this time. If the owner is successful in its Court application, the City may be responsible for a portion of the owner's legal costs. Discussion: The purpose of this report is to provide Council with information, analysis, and options regarding an objection to the City’s Notice of Intention to Designate 301 Kingston Road. The subject property is located at the southeast corner of Kingston Road and Altona Road, north of Highway 401, within the Rougemount Neighbourhood (see Location Map, Attachment 1). The property has an area of 0.48 of a hectare, with approximately 60 metres of frontage along Kingston Road and approximately 75 metres along Altona Road. Mature trees are located along the western property line, fronting Altona Road. The property contains a two-storey building, which is included on the City of Pickering’s Municipal Heritage Register under Section 27 of the Ontario Heritage Act. The building has been vacant since at least 2021, when the current property owner made significant interior and exterior alterations to the building without obtaining the necessary demolition or building permit. 1.Background On November 22, 2023, City Development staff consulted with the Heritage PickeringAdvisory Committee. The Committee passed a motion recommending that Councildesignate the property under Part IV, Section 29 of the Ontario Heritage Act, and staffadvised that the Committee’s recommendation would be forwarded to Council forconsideration in January 2024. - 236 - PLN 22-24 June 24, 2024 Subject: Notice of Objection to Part IV Designation of 301 Kingston Road Page 3 On January 8, 2024, the Executive Committee considered staff recommendation Report PLN 01-24 to seek the Part IV designation of the property at 301 Kingston Road. Upon considering the delegation of Iain T. Donnell (legal representative for the property owner), Report PLN 01-24 was referred back to staff to allow further City engagement with the Heritage Pickering Advisory Committee, the property owner, and Donnell Law Group, regarding the designation of 301 Kingston Road under Section 29, Part IV of the Ontario Heritage Act. A brief discussion ensued between Members of Council and Mr. Donnell, where Mr. Donnell assured that the property would be left safe with no further destruction or damage to the site until the item was returned to the Committee. Staff were directed to report back to Council no later than the Q2, 2024. On February 6, 2024, the property owner submitted a Heritage Impact Assessment (HIA) and a Condition Assessment. The property owner also submitted a demolition permit application on the same day, thereby starting the 60-day timeline for Council to either permit the demolition of the structure or to proceed with designation under Part IV, Section 29 of the Ontario Heritage Act. At its meeting held on March 25, 2024, Council passed the following motion (see Council Resolution #439/24, Attachment 2): 1.That appropriate City of Picking officials be given authority to take the necessary actions to designate 301 Kingston Road (known historically as the ToynevaleFarm) under Section 29, Part IV of the Ontario Heritage Act, and include theproperty on the City of Pickering Municipal Heritage Register. 2.That staff be authorized to take the appropriate actions to require the property owner to apply for, and obtain, the necessary building permits and heritage alteration permits to secure and stabilize the building at 301 Kingston Road, andto reinstate the missing elements of the structure to bring the building intocompliance with the minimum requirements of the Ontario Building Code. 2.City staff met with the owner and their development consultant On April 11, 2024, and May 22, 2024, City Development staff met with the property owner and their development consultant to discuss the potential redevelopment of theproperty. The discussion included aspects of the Official Plan Amendment 38 and itsappeal, site configuration, and options for the adaptive reuse of the heritage structure. At both meetings, the consultant presented an option for commemorating the property, which featured an AI-generated image of a pergola constructed of materials salvaged from the structure at 301 Kingston Road and a plaque commemorating the property. City staff informed the consultant that the concept of a pergola constructed of salvagedmaterials is not rooted in heritage best practices for the commemoration of heritageresources as it does not relate to the history or evolution of the property. The building’s importance as a heritage structure was reiterated and staff encouraged the owner and their consultant to work with their heritage consultant to explore alternative creative and - 237 - PLN 22-24 June 24, 2024 Subject: Notice of Objection to Part IV Designation of 301 Kingston Road Page 4 innovative ways to either incorporate the existing building into future development plans or commemorate the property in a meaningful way such as a public art feature. 3.A Letter of Objection has been received Notice of Intention to Designate the property was served to the owner on April 4, 2024,and published in the Toronto Star on April 5, 2024, fulfilling notice requirements underSections 29(3) and 29(4) of the Ontario Heritage Act. On April 17, 2024, the owner’slawyer filed an objection to the City’s Notice of Intention to Designate the property (see Notice of Objection from the Donnell Law Group, dated April 17, 2024, Attachment 3). The objection was received within 30 days of the date the Notice of Intention to Designatewas published, which is within the specified timelines outlined in Section 29(5) of the Ontario Heritage Act. According to Section 29(6) of the Ontario Heritage Act, once theobjection has been served on the Clerk, the Council of the municipality shall consider the objection, and decide whether to withdraw the Notice of Intention to Designate the property within 90 days, after the end of the 30-day period. The objection letter requested that the City of Pickering withdraw the Notice of Intentionto Designate in accordance with Sections 29(7) and (8) of the Ontario Heritage Act. TheDonnell Law Group is of the opinion that the property does not meet the minimum threshold for designation under the Ontario Heritage Act. The Letter of Objection disputes the Ontario Regulation 9/06 evaluation completed bythe City of Pickering as well as the property owner’s heritage consultant, LHC HeritagePlanning & Archaeology Inc. 4.The applicant has appealed the City’s Order to Remedy Unsafe Building The City of Pickering issued a Building Code “Order to Remedy Unsafe Building” on April 5, 2024. On April 24, 2024, the Donnell Law Group filed an application to theOntario Superior Court of Justice to quash the Order, on the grounds that the Order isbeyond the legal power and authority of the City (the Chief Building Official). In addition,the Application to the Court states that the Order is an error of law, unreasonable and an abuse of process and therefore is of no force and effect. The Order was issued under the authority of the Building Code Act based on a site inspection undertaken byBuilding staff and a structural assessment completed by WSP. During the siteinspection, staff noticed someone’s belongings inside the building, and the ownerconfirmed that an individual was residing at this location. The building does not, and did not contain, any life safety components to be habitable. 5.An Ontario Land Tribunal appeal has also been filed On May 6, 2024, the City Clerk received a letter from the Donnell Law Group informingthe City of the property owner's intent to appeal the decision to refuse the demolitionpermit to the OLT. City of Pickering Counsel and City Development staff have reviewed the OLT appeal. It is the City’s opinion that the appeal is premature. - 238 - PLN 22-24 June 24, 2024 Subject: Notice of Objection to Part IV Designation of 301 Kingston Road Page 5 The appeal materials indicate that the legislative grounds for the appeal are Sections 34.1(1) and 42(6) of the Ontario Heritage Act. However, the pre-conditions contained within those sections do not yet apply to the property. Section 34.1 (1) provides a right of appeal to the OLT when Council has refused a demolition permit application under subclause 34(4.2)(a)(iii). The owner has not followed the proper procedure as outlined in Section 34 of the Ontario Heritage Act and as a result, has not fulfilled the pre-conditions in Section 34 that establish the owner's appeal rights. Section 42(6) provides a right of appeal to the OLT if a municipality wrongly refuses to issue a demolition permit. However, that section requires that the subject property be situated in a Heritage Conservation District and that it be designated under Part V of the Ontario Heritage Act. 301 Kingston Road does not satisfy either of these pre-conditions and therefore, this section of the Act does not apply to 301 Kingston Road. Should Council decide to move forward with the designation of the property, a Notice of Passing of the by-law will be circulated in accordance with the requirements of the Ontario Heritage Act, and it is at that time that the property owner has the right to appeal to the OLT. 6.Options for Council consideration According to Sections 29(7) and (8) of the Ontario Heritage Act, when a Letter of Objectionfor designation is received within 30 days of the Notice of Intention to Designate beingpublished, Council has 90 days to either: •proceed with the designation within 120 days of the Notice of Intention to Designate, and serve a copy of the by-law to the Property owner, any persons who objected,and the Ontario Heritage Trust; or •withdraw the Notice of Intention to Designate and serve a notice of withdrawal to the Property owner, any persons who objected, the Ontario Heritage Trust, and publish a Notice of Withdraw in the newspaper Based on the timelines noted above, Council must make a decision regarding the designation of the property by August 9, 2024. 7.Staff recommend to proceed with designation Council may choose to affirm the March 25, 2024, Council Decision to designate the property and approve the designation by-law (see Designation By-law, Attachment 4).This would be consistent with Council’s previous decision that 301 Kingston Roadmeets the threshold for heritage designation under Part IV, Section 29 of the Ontario Heritage Act. The proposed designation of the property is consistent with provincial policy, indicating that municipalities shall conserve significant built heritage resources (Provincial Policy - 239 - PLN 22-24 June 24, 2024 Subject: Notice of Objection to Part IV Designation of 301 Kingston Road Page 6 Statement, 2020, Policy 2.6.1) and City of Pickering Official Plan principles and policies to respect, conserve, and integrate important cultural heritage resources from all time periods into the community. 301 Kingston Road is valued as a rare example of a Georgian house in the City of Pickering, dating to the mid-1800s. Although altered, the house retains its physical attributes including its scale, massing, and orientation towards Kingston Road, and is the only surviving two-storey Georgian house in the City of Pickering. The timber-frame construction of the house is unique in the City, with only two known examples surviving. The property is historically linked to its surroundings for its associations with the Rouge Hill Community and is one of the few remaining buildings from the early settlement of the community. The property is directly linked to George Toyne Jr. who was a prominent Rouge Hill citizen, active in raising funds for the Victory Loan campaign, an original member of the Rouge Hill School Board, a Warden of St. Paul’s Anglican Church, and a Past Master of the Doric Lodge. The subject property remains an integral component of the Kingston Road and Altona Road streetscape and is considered a landmark building. 8.Conclusion Based on a comprehensive review of all submitted information by the owner and his representatives, and staff’s background research, staff are of the professional opinionthat 301 Kingston Road merits designation under Part IV, Section 29 of the Ontario Heritage Act. Staff recommend that Council reaffirm its decision to designate theproperty and enact the heritage designation by-law included as Attachment 4 of this report. Attachments 1.Location Map 2.Council Resolution #439/243.Notice of Objection, dated April 17, 20244.Designation By-law, 301 Kingston Road - 240 - PLN 22-24 June 24, 2024 Subject: Notice of Objection to Part IV Designation of 301 Kingston Road Page 7 Prepared By: Original Signed By Emily Game, BA, CAHP Senior Planner, Heritage Original Signed By Nilesh Surti, MCIP, RPP Division Head, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO EG:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 241 - Attachment 1 to Report PLN 22-24 Ro ugemountDrive Fawndale Road Valley Gate Alt o n a R o a d Le k a n i C o u r t Toynevale Road Wi n e t t e R o a d Pin e Rid g e R o a d Rouge Hill Court D a l e w o o d D r i v e K i n g s t o n R o a d Brookridge Gate Highway 4 0 1 Ly t t o n C o u r t Ri v e r v i e w C r e s c e n t © 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 Map File: Property Description: A-3300-084 Date: May 15, 2024 SCALE: 1:4,000 THIS IS NOT A PLAN OF SURVEY. ¯ E Pt Lot 32, B.F.C. Range 3 Subject Lands L:\PLANNING\01-MapFiles\Other\CityDevelopment\Heritage\301KingstonRd_LocationMap.mxd (301 Kingston Road) City of Toronto - 242 - Legislative Services Division Clerk’s Office Directive Memorandum April 3, 2024 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 March 25, 2024 Director, City Development & CBO, Report PLN 10-24 301 Kingston Road Part IV Designation of 301 Kingston Road Council Decision Resolution #439/24 Please take any action deemed necessary. Susan Cassel Copy: Chief Administrative Officer Senior Planner, Heritage 1.That appropriate City of Pickering officials be given authority to take thenecessary actions to designate 301 Kingston Road (known historically as the Toynevale Farm) under Section 29, Part IV of the Ontario Heritage Act, andinclude the property on the City of Pickering Municipal Heritage Register. 2.That staff be authorized to take the appropriate actions to require the propertyowner to apply for, and obtain, the necessary building permits and heritagealteration permits to secure and stabilize the building at 301 Kingston Road, and to reinstate the missing elements of the structure to bring the building intocompliance with the minimum requirements of the Ontario Building Code. Attachment 2 to Report PLN 22-24 - 243 - Attachment 3 to Report PLN 22-24 - 244 - - 245 - - 246 - Physical Value: The building has been altered and no longer retains sufficient characteristics features of the Georgina style for it to be a representative example. Particularly, the arrangement window opening lacks the symmetry that best characterizes the style. While the scale, massing, rectangular plan, and roof pitch may be evocative of the style, visible alteration of elements within the interior and exterior indicate that this is not an early example of the Georgian style. Many of the characteristics that may provide some cultural heritage value to the Site, are the same features that are unsafe, unrepairable, and require replacement. Associative Value: The initial designation of the Site on the City of Pickering's Municipal Heritage Register in March 2021 lists an association to a military doctor named William Holmes. However, the HIA of LHC Inc. shows that the structure on the Site was likely built after William Holmes sold the property. The new Notice oflntention (as well as the HIA by LHC Inc.) subject to this objection now describes an association to former postmaster George Toyne. While Mr. Toyne is a former citizen worth commemorating who may have resided at the Site, there is no "association" between George Toyne and the Site in the common meaning that no member of the Pickering community connects Toyne to the Site. There are other more meaningful ways to commemorate George Toyne that are more directly associated with his work as postmaster. Contextual Value: Although the Site has remained in its original position and orientation, it has lost all of the auxiliary farm buildings, structures, and vegetative landscape features including trees and hedgerows which made the Site a working farm for over 100 years. The surrounding area does not have a cohesive cultural heritage character which the Site contributes. Further, earmarked intensification and development along Kingston Road in front of the Site (including the addition of bus lanes, bike lanes, removal of the driveway, and required setbacks) will necessarily further erode the little remaining contextual value. Value as Landmark: A landmark is defined as "a recognizable natural or human-made feature used for a point of reference that helps orienting in a familiar or unfamiliar environment." Despite the Site's placement and location at the intersection of Kingston Road and Altona Road, the Property does not terminate at a vista and is not the focus of or part of any significant views. Historical photographs from the Rouge River Bridge eastwards toward the Site do not show it. Further, earmarked intensification and development along Kingston Road in front of the Site (including the addition of bus lanes, bike lanes, removal of the driveway, and required setbacks) will necessarily further block the Site from view of the public. Other Considerations: As currently drafted the Reasons for Designation are overly broad and attempt to capture certain exterior elements of 301 Kingston Road that are in need of repair and/or replacement. - 247 - As outlined in the Condition Assessments, the structure itself is in need of comprehensive repair. The features that may make the Site of physical value, are the same features which require extensive replacement. To complete these extensive repairs is anticipated to cost a minimum of $1,150,000, which is an unreasonable burden on ECI in these particulars circumstances when there are other meaningful options to commemorate the cultural heritage of the Site that are significantly less financially burdensome. If despite this Notice of Objection the Site is designated pursuant to section 29 of the Act, necessarily extensive repairs will be ordered as the Site is currently in disrepair and unsafe. The extent of disrepair and renovation required is outlined in the Condition Assessments and Pickering's new Order to Remedy. After the required renovations the Site will effectively be a "Ship of Theseus" whereby nearly the entire original features and structure of the Site will be replaced using modem materials. It is hard to envisage any cultural heritage value in these circumstances. It is worth noting that the Act does not apply retrospectively and only grants limited jurisdiction in a property at the time of a Heritage Designation moving forward, and only in respect of a property's features that have cultural heritage value. In these specific circumstances, Pickering can only seek Heritage Designation to protect the cultural heritage value only of the structure on the Site as of the day of designation. However, because the Act and associated protections are not retrospective, Pickering does not have jurisdiction to force heritage restoration of the stt.ucture to a pre-heritage designation state. Last, demolition of the Site will allow future development in a manner that directly implements key policy directions articulated in the 2020 Provincial Policy Statement, Pickering's Official Plan, and Pickering's Intensification Plan, which suppo1ts intensification on sites within the built-up urban area that are well served by municipal infrastructure, including current and future public transit. The Site can be demolished while preserving and commemorating the cultural and heritage value of the property in other meaningful ways. Conclusion: We herein object to the Notice of Intention for the foregoing reasons. Please note that this analysis is not an exhaustive list of concerns and represents only a sample of the concerns of the designation as described in the Notice of Intention. ECI reserves the right to expand upon these issues and concerns as part of any future appeal to the Ontario Land Tribunal, should one be ultimately necessary. The above being stated, we respectfully request that the Notice of Intention be withdrawn. 183 Simcoe Avenue, Keswick, Ontario 14P 2H6 Telephone: (905) 476-9100 Facsimile: (905) 476-2027 Toll Free: (888) 307-9991 idonnell@donnellgroup.ca - 248 - - 249 - Attachment 4 to Report PLN 22-24 The Corporation of the City of Pickering By-law No. 8118/24 Being a by-law to designate the lands legally described as that Concession Broken Front Range 3 Part Lot 32, Plan 350 Part Lot 7 & 40R30182 Part 2,3 (Save and Except 40R31305 Part 1) municipally known as 301 Kingston Road, Pickering, as being ofcultural heritage value or interest. Whereas the Ontario Heritage Act authorizes the Council of a municipality to enact a by-law to designate real property, including all buildings and structures thereon, to be of cultural heritage value or interest; and Whereas on March 25, 2024, Council endorsed the recommendations of its Heritage Advisory Committee to designate 301 Kingston Road as being of cultural heritage value or interest; and Whereas the reasons for designation are set out in Schedule “A” to this by-law; and Whereas the Council of The Corporation of the City of Pickering has caused to be served on the owners of the 301 Kingston Road and upon the Ontario Heritage Trust, Notice of Intention to designate the property and has caused the Notice of Intention to be published in a newspaper having general circulation in the municipality as requested by the Ontario Heritage Act; and Now therefore the Council of The Corporation of the City of Pickering enacts as follows: 1.301 Kingston Road is designated as being of cultural heritage value or interest forreasons set out in Schedule “A” attached hereto. 2.The City Solicitor is hereby authorized to cause a copy of this by-law to be registered ontitle to the 301 Kingston Road. 3.The City Clerk is authorized to cause a copy of this by-law to be served upon the owners of the 301 Kingston Road and the Ontario Heritage Trust and to publish notice of thisby-law in a newspaper having general circulation in the City of Pickering as required bythe Ontario Heritage Act. By-law passed on this 24th of June, 2024. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 250 - Schedule “A” By-law No. 8118/24 Reasons for Designation Description of Property 301 Kingston Road is located at the southeast corner of Kingston Road and Altona Road, within the Rougemount Neighbourhood. The property contains a two-storey timber-frame structure, historically known as the Toynevale Farm. Reason for Designation The property at 301 Kingston Road is of significant cultural heritage value or interest because of its physical, historical/associative, and contextual value. Despite alterations, the property at 301 Kingston Road includes a rare example of a Georgian house in the City of Pickering. Constructed c. 1860, and, known historically as the Toynevale Farm, the house possesses physical value for its scale, massing, and form, including its end gable roof with return eaves, two-storey height, and rectangular plan. 301 Kingston Road is directly associated with the development of the Rouge Hill community in the mid-nineteenth century and with the Rouge Hill post office and postmasters including Emanuel Playter between 1852 and 1859, Michael Brooks between 1860 and 1864, John C. Wesley in 1865, and George Toyne between 1902 and 1915. 301 Kingston Road is directly associated with George Toyne Jr., a prominent Rouge Hill citizen. Toynevale Road, located south of the subject property, was named after George Toyne Jr. As the earliest surviving building from the settlement of the area, the property, formerly known as Toynevale is historically linked to the settlement of Rouge Hill and remains linked to the broader community as the Toyne Family is commemorated through the name Toynevale Road, located south of the subject property. The property at 301 Kingston Road is a local landmark within the Rouge Hill area. The building’s two-storey massing and prominent siting at the intersections of Altona Road and Kingston Road are easily discernable for the public. 301 Kingston Road remains an integral part of the streetscape at Kingston Road and Altona Road and is therefore considered a landmark. Description of Heritage Attributes The heritage attributes that contribute to the cultural heritage value or interest of 301 Kingston Road include: •One-and-a-half storey massing built to a rectangular plan; •Scale, massing and form of the building, including its two-storey height, end-gable roofand rectangular plan; •Hand-hewn timber-frame construction; and •Its orientation towards Kingston Road and prominent siting at the intersections of AltonaRoad and Kingston Road. - 251 - Report to Council Report Number: PLN 23-24 Date: June 24, 2024 From: Kyle Bentley Director, City Development & CBO Subject: Amendment to General Municipal Fees – Planning Applications Changes to development application review procedures and fees in response to Bill 185, Cutting Red Tape to Build More Homes Act, 2024 -File: L-1100-065 Recommendation: 1. That, in response to legislated changes arising from the enactment of Bill 185, Cutting Red Tape to Build More Homes Act, 2024, the revised City Development Department –Planning Fees be approved, effective June 25, 2024; 2.That an amendment made to Schedule “I” to By-law 6191/03, the General Municipal Feesand Charges By-law, as amended, by: •deleting the pages for City Development Department – Planning; and •substituting the updated pages for City Development Department – Planning, as setout in Schedule “I” to the Draft By-law provided as Appendix I to Report PLN 23-24, be approved; and 3.That the revised Draft By-law to amend Schedule “I” to the General Municipal Fees andCharges By-law 6191/03, as set out in Appendix I to Report PLN 23-24, be enacted, tobe effective the date of the passing of the By-law. Executive Summary: The purpose of this report is to advise Council of changes to the City Development Department’s planning application review procedures, and to revise certain Planning Application Fees, in response to changes arising from Bill 185. Bill 185 received Royal Assent on June 6, 2024. Among other matters, this Act amended the Planning Act to remove the requirement for municipalities to refund Zoning By-law Amendment and Site Plan Approval application fees, if no decision is made or no approval is issued within the legislative timelines. These changes took effect immediately. As a result, a two-stage submission process and a two-stage fee collection is no longer necessary. The proposed fee change is revenue neutral and will not result in an increase in the total fees. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community. - 252 - PLN 23-24 June 24, 2024 Subject: Amendment to General Municipal Fees – Planning Applications Changes to development review procedures and fees in response Page 2 to Bill 185, Cutting Red Tape to Build More Homes Act, 2024 Financial Implications: Revising the City Development – Planning Fee Schedule will ensure that the City continues to collect all required development application fees. Failing to do so would result in lost revenue. Discussion: The purpose of this report is to advise Council of changes to the City Development Department’s planning application review procedures, and to revise certain Planning Application Fees, in response to changes arising from Bill 185. The collection of application fees in two stages has now been collapsed into a single-stage collection. 1. Revised Development Review Procedures In 2022, the Province passed Bill 109, the More Homes For Everyone Act, 2022. This legislation required municipalities to refund certain application fees, if no decision was made, or no approval was issued within the legislative timelines. In response to Bill 109, the City revised its development review procedures, and the structure of its planning fees to minimize paying refunds (Report PLN 12-23 and Report PLN 26-23). The City split the review process into two stages and split the application fee into two parts. The City established a “Pre-submission” stage for review, with part of the application fee collected at that initial time, and the “Application” stage, with the remainder of the application fee collected at this final step (see Attachment 1). These fee changes took effect on July 1, 2023. As reported in PLN 13-24, one of the changes to the Planning Act proposed by Bill 185 was the removal of Planning application fee refunds. This change was supported by staff in the City’s comments to the Provincial ERO posting. On June 6, 2024, Bill 185 received Royal Assent. With the removal of the requirement for Planning application refunds, and in consideration of the development community’s concern with the two-stage process, staff are of the opinion that the pre-submission stage for development review is no longer necessary or desirable. Consequently, the City will return to the development review procedures used prior to Bill 109 (see Attachment 1). Going forward, all development applications received will have an Information Report prepared and a Statutory Public Meeting held at a Planning & Development Committee meeting, and a Recommendation Report prepared and presented at a subsequent Planning & Development Committee meeting. 2. Revised Development Application Fees To align with the revised development review procedures, the City must update its Planning Fee Schedule. There will be no change to the total amount of development application fees paid by applicants. The proposed change will simply align the fees with the development review stages used prior to Bill 109 (see Illustration of Fee Collection, Table 1). - 253 - PLN 23-24 June 24, 2024 Subject: Amendment to General Municipal Fees – Planning Applications Changes to development review procedures and fees in response Page 3 to Bill 185, Cutting Red Tape to Build More Homes Act, 2024 Illustration of Fee Collection Under Bill 109 (effective July 1, 2023) Under Bill 185 (effective the date of Council passing the by-law enacting the revised fees) Pre-submission Fee $6 Application Fee $4 Total Fees $10 Application Fee $10 Total Fees: $10 Table 1: Procedures and Fees Comparison 3. Transitional matters New applications submitted on or after Council’s passing of the By-law enacting the revised fees, will be subject to the consolidated application fee. Applications that have gone through the Pre-submissions stage, which are then submitted as an Application, will pay the difference between the revised application fee and the pre-submission fee previously paid. 4. Outstanding Appeal In response to Bill 109, the Official Plan was amended to reflect development review procedures that would reduce the risk of paying application fee refunds (Official Plan Amendment 46 or OPA 46). This amendment was appealed to the Ontario Land Tribunal (OLT) and is scheduled for a hearing in early 2025. Now that application fee refunds have been removed from the Planning Act, the basis for the amendment no longer exists. City Staff will assist the City’s external counsel, as necessary, to resolve this OLT matter. 5. Other Changes in Bill 185 Report PLN 13-24 described the changes proposed by Bill 185. With one minor exception, all of the changes proposed by Bill 185 came into effect when it received Royal Assent. The one change relates to third-party appeals. The public can no longer appeal privately-initiated official plan amendment and zoning by-law amendment applications. However, Bill 185 was modified to still permit the public to appeal official plan amendment and zoning by-law amendment applications that apply to their property. In other words, City-initiated applications that apply to a broad area (i.e. City Centre), or the entire City, may still be appealed by the public. - 254 - PLN 23-24 June 24, 2024 Subject: Amendment to General Municipal Fees – Planning Applications Changes to development review procedures and fees in response Page 4 to Bill 185, Cutting Red Tape to Build More Homes Act, 2024 As described in Report PLN 13-24, pre-consultation meetings, held with Proponents before submitting their applications will now be voluntary. Proponents can choose to submit applications directly to the City without first consulting with City staff and outside agencies. However, staff will be strongly encouraging applicants to continue requesting pre-consultations. 6. Conclusion The Province of Ontario has made changes to the Planning Act that eliminate application fee refunds. In response, City Development staff are recommending reverting our development review process to its pre-Bill 109 process and consolidating the corresponding application fees accordingly. The proposed fee changes are revenue neutral and will realign to the revised development review process. To avoid any potential loss of revenue, it is recommended that these fee changes be implemented as soon as possible. Appendix: Appendix I Draft By-law to Amend By-law 6191/03 General Municipal Fees Attachment: 1. Planning Application Review Scenarios - 255 - PLN 23-24 June 24, 2024 Subject: Amendment to General Municipal Fees – Planning Applications Changes to development review procedures and fees in response Page 5 to Bill 185, Cutting Red Tape to Build More Homes Act, 2024 Prepared By: Original Signed By Paul Wirch, RPP Principal Planner, Policy Original Signed By Nilesh Surti, MCIP, RPP Division Head, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO PW:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 256 - Appendix I to Report PLN 23-24 Draft By-law to Amend By-law 6191/03 General Municipal Fees - 257 - The Corporation of the City of Pickering By-law No. 8119/24 Being a by-law to amend By-law No. 6191/03 to confirm General Municipal Fees Whereas the Council of The Corporation of the City of Pickering enacted By-law 6191/03, as amended, on October 14, 2003 to confirm general municipal fees. Whereas Schedule “I” to By-law 6191/03 was updated and replaced under By-law, 6338/04, By-law 6519/05, By-law 6652/06, By-law 6677/06, By-law 6748/07 By-law 6857/08, By-law 6951/09, By-law 7032/10, By-law 7119/11, By-law 7194/12, By-law 7268/13, By-law 7339/14, By-law 7411/15, By-law 7478/16, By-law 7542/17, By-law 7605/18; By-law 7679/19; By-law 7740/20, By-law 7823/21, By-law 7918/22, By-law 7983/23, By-law 8017/23, By-law 8022/23, By-law 8065/23 and By-law 8074/24; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.Schedule “I” to By-law Number 6191/03, as amended, is hereby deleted and Schedule “I” attached hereto is substituted therefore. By-law passed this 24th day of June, 2024. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 258 - Schedule “I” to By-law 8119/24 Updated Application Fees for City Development – Planning - 259 - User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date These fees are imposed under the authority of the Planning Act, R.S.O. 1990, c.P.13 Planning DocumentsPickering Official Plan $225.00 $225.00 Y No Increase Official Plan Compendium $50.00 $50.00 Y No Increase Seaton Sustainable Placemaking Guidelines $50.00 $50.00 Y No Increase City Centre Urban Design Guidelines $50.00 $50.00 Y No Increase Kingston Mixed Corridor & Brock Mixed Node Design Guidelines $50.00 $50.00 Y No Increase Development Guidelines $5.00-$20.00 $5.00-$20.00 Y No Increase Special Studies $10.00-$20.00 $10.00-$20.00 Y No Increase Zoning By-laws 3036 - Set 13 Volume $110.00 $110.00 Y No Increase3036 - By Volume $15.00 $15.00 Y No Increase 2511, 2520, 3037, 7364/14 (Seaton), 7553/17 (City Centre)$50.00 $50.00 Y No Increase Zoning By-laws Digital (each)$15.00 $15.00 Y No Increase 20 Year Household & Population Projections $30.00 $30.00 Y No Increase Mapping $5.00-$25.00 $5.00-$25.00 Y No IncreaseAddress Booklet $25.00-$50.00 $25.00-$50.00 Y No Increase Fiche Prints Price Varies Price Varies Y No Increase Special Mapping Requests $64.30 $64.30 Y No IncreasePhotocopies - 6 or more pages $0.50/ea $0.50/ea Y No Increase CD Copies of Documents $10.00/document $10.00/document Y No Increase Telecommunications Tower Approval $9,635.00 $9,635.00 N No Increase Committee of Adjustment/Land Division Minor Variance Applications to recognize an "as built condition" Double the regular fee Double the regular fee N No Increase Accessory buildings, structures, decks, platforms & driveway widening $830.00 $830.00 N No Increase Residential Minor (a lot for a detached dwelling unit, semi-detached dwelling unit and/or freehold townhouse dwelling unit) Single Variance $1,110.00 $1,110.00 N No IncreaseMultiple Variances $1,410.00 $1,410.00 N No Increase Residential Major (all other residential and mixed use buildings)Single Variance $2,520.00 $2,520.00 N No Increase Multiple Variances $2,740.00 $2,740.00 N No Increase Institutional, Commercial & Industrial Single Variance $3,070.00 $3,070.00 N No Increase Multiple Variances $3,590.00 $3,590.00 N No IncreaseTabling Fee & Recirculation (applicant initiated) $770.00 $770.00 N No Increase Special Meeting $4,880.00 $4,880.00 N No Increase Consent Application for severance (creation of new lots) $4,350.00 $4,350.00 N No Increase Application for Title Validation, Long Term Lease, Easement, and Lot Line Adjustment $1,980.00 $1,980.00 N No Increase Stamping Fee $1,110.00 $1,110.00 N No Increase Restamping Fee $280.00 $280.00 N No Increase City Development - Planning - 260 - User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development - Planning Cash-in-Lieu of Parkland Conveyance For the creation of up to 3 additional lots (price per lot created)$7,635.00 $7,635.00 N No Increase For the creation of more than 3 additional lots See Parkland By-law See Parkland By-law N No Increase Council authorization to proceed by land division instead of draft plan of subdivision14 $9,550.00 $9,550.00 N No Increase Application for Pre-Consultation Simple2 $350.00 $350.00 N No Increase Complex $3,500.00 $3,500.00 N No Increase Zoning By-law Amendment - Application Zoning By-law Amendment - Major 3 - Base Fee $10,400.00 $21,400.00 N No Increase Plus Fee per Residential UnitFirst 25 units (1-25)$250.00 $520.00 N No Increase Next 75 units (26-100)$190.00 $390.00 N No Increase Next 100 units (101-200)$150.00 $320.00 N No IncreaseAll additional units (201+)$65.00 $135.00 N No Increase Plus Fee per Non-Residential Ha (or part thereof) Land Area 4 $500.00 $1,450.00 N No Increase Plus Fee per Development Block Ha (or part thereof) of Land Area 5 $325.00 $675.00 N No Increase Zoning By-law Amendment - Minor 6 $6,700.00 $13,600.00 N No Increase Zoning By-law - Recirculation 7 $2,060.00 $2,060.00 N No Increase Additional fee if within Oak Ridges Moraine or Greenbelt $1,290.00 $2,650.00 N No Increase Zoning By-law - Removal of Holding $1,885.00 $3,925.00 N No Increase Zoning By-law - Removal of Holding (Complex/Block Plan Required) $10,400.00 $20,300.00 N No Increase Zoning By-law - Extension of Temporary Use By-law $10,400.00 $20,300.00 N No Increase Zoning By-law - Reconsideration 8 $5,390.00 $5,390.00 N No Increase Credit for Pre-submission Review Equal to the amount of the Pre-submission Review fee previously paid N No Increase - 261 - User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development - Planning Minister Zoning Order Minister Zoning Order Amendment - Major 9 $3,000.00 $3,000.00 N No Increase Minister Zoning Order Amendment - Minor 10 $2,500.00 $2,500.00 N No Increase Official Plan Amendment -Application Pickering Official Plan Amendment - Major 11 $48,000.00 $106,000.00 N No Increase Pickering Official Plan Amendment - Minor 12 $22,000.00 $52,000.00 N No Increase Pickering Official Plan Amendment - Recirculation 7 $2,060.00 $2,060.00 N No Increase Additional fee if within Oak Ridges Moraine or Greenbelt $3,100.00 $6,500.00 N No Increase Credit for Pre-submission Review Equal to the amount of the Pre-submission Review fee previously paid N No Increase Regional Official Plan - Amendment (not part of a Pickering OPA) $40,000.00 $40,000.00 N No Increase Neighbourhood Development Guideline Amendment 13 $4,430.00 $4,430.00 N No Increase Draft Plan of Subdivision -Application Base Fee $36,000.00 $74,000.00 N No Increase Plus Fee per Residential UnitFirst 25 units (1-25)$600.00 $1,085.00 N No IncreaseNext 75 units (26-100)$480.00 $875.00 N No Increase Next 100 units (101-200)$380.00 $690.00 N No IncreaseAll additional units (201+)$240.00 $440.00 N No IncreasePlus Fee per Non-Residential Ha (or part thereof) of Land Area 4 $190.00 $345.00 N No Increase Plus Fee per Development Block Ha (or part thereof) of Land Area 5 $120.00 $220.00 N No Increase Draft Plan of Subdivision - Recirculation 7 $2,060.00 $2,060.00 N No Increase Additional fee if within Oak Ridges Moraine or Greenbelt $2,575.00 $3,605.00 N No Increase Applicant-Initiated Major Revisions (prior to Draft Plan Approval)$23,000.00 $23,000.00 N No Increase Credit for Pre-submission Review Equal to the amount of the Pre-submission Review fee previously paid N No Increase Revisions to Draft Approved Plan - (redline revisions) - Application Base Fee $15,000.00 $28,400.00 N No IncreasePlus Fee per Additional Residential First 25 units (1-25)$600.00 $1,100.00 N No Increase Next 75 units (26-100)$500.00 $900.00 N No IncreaseNext 100 units (101-200)$400.00 $710.00 N No IncreaseAll additional units (201+)$250.00 $450.00 N No Increase Plus Fee per additional Non- Residential Ha (or part thereof) of Land $200.00 $355.00 N No Increase Plus Fee per additional Development Block Ha (or part thereof) of Land Area $120.00 $220.00 N No Increase Revision to Draft Approved Plan - Recirculation 7 $2,060.00 $2,060.00 N No Increase Credit for Pre-submission Review Equal to the amount of the Pre-submission Review fee previously paid N No Increase - 262 - User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development - Planning Release of Draft Plan of Subdivision/Clearance Fee $2,100.00 $2,100.00 N No Increase Plan of Condominium -Application Draft Plan of Condominium $14,000.00 $19,575.00 N No Increase Common Element Condominium $20,000.00 $28,200.00 N No Increase Plan of Condominium Recirculation 7 $2,060.00 $2,060.00 N No Increase Condominium Conversion $25,000.00 $35,000.00 N No Increase Revisions to a Draft Approved Plan - (redline revisions)$3,200.00 $3,200.00 N No Increase Credit for Pre-submission Review Equal to the amount of the Pre-submission Review fee previously paid N No Increase Release of Draft Plan of Condominium/Clearance Fee $2,100.00 $2,100.00 N No Increase Site Plan - Application Review Residential See "All Uses (Residential, Non-Residential, See "All Uses (Residential, Non-Residential, N No Increase Commercial See "All Uses (Residential, Non-Residential, See "All Uses (Residential, Non-Residential, N No Increase Industrial See "All Uses (Residential, Non-Residential, See "All Uses (Residential, Non-Residential, N No Increase All Uses (Residential, Non-Residential, Mixed-Use) - Base Fee $6,600.00 $18,600.00 N No Increase Plus Fee per Residential Unit First 25 units (1-25)$190.00 $650.00 N No IncreaseNext 75 units (26-100)$140.00 $500.00 N No Increase Next 100 Units (101-200)$95.00 $355.00 N No Increase All additional units (201+)$20.00 $80.00 N No IncreasePlus Fee per 2,000 m2 of Non- Residential GFA $1,750.00 $6,300.00 N No Increase Site Plan Recirculation 7 $2,060.00 $2,060.00 N No Increase Minor Revision to approved Site Plan 18 $830.00 $2,505.00 N No Increase Major Revision to approved Site Plan Application base fee plus additional units and additional non-residential GFA Application base fee plus additional units and additional non-residential GFA N No Increase Credit for Pre-submission Review Equal to the amount of the Pre-submission Review fee previously paid N No Increase Site Plan Agreement and Clearance of Conditions $0.00 $0.00 N No Increase Compliance Inspections/LC Release Report (includes 2 inspections)$1,000.00 $1,000.00 N No Increase Additional Compliance Inspections $450.00 $450.00 N No Increase - 263 - User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development - Planning Other Fees Request for Zoning Information $60.00 $60.00 N No Increase Zoning Certificate - Residential (single, semi, townhouse, accessory structure) initial review + 1 revision $160.00 $160.00 N No Increase Zoning Certificate - Development (within infill precincts, ORM, or requiring MDS calculation) initial review + 1 revision $590.00 $590.00 N No Increase Zoning Certificate - Mixed-use/Multi Residential/Non-Residential (industrial, commercial, institutional) initial review + 1 revision $700.00 $700.00 N No Increase Peer Reviews 15 Full recovery of City costs + 10% admin. fee Full recovery of City costs + 10% admin. fee Y No Increase Minor Revision to Approved Condo Site Plan (by unit owner) i.e., decks, sheds, fences $120.00 $120.00 N No Increase File Reactivation 16 $5,390.00 $5,390.00 N No Increase Opinion Letter for Complex Inquiries $1,240.00 $1,240.00 N No Increase Add Street Name to Approved List $1,105.00 $1,105.00 Y No IncreaseRequest to Change Municipal Address $1,105.00 $1,105.00 Y No Increase Request for Exception to Council Adopted Policies on Municipal Addressing and Street Naming $6,225.00 $6,225.00 N No Increase Refund of Application Fees 17 $0 $0 Y No Increase Any other matter requiring a Report to Committee or Council $6,225.00 $6,225.00 N No Increase 1. Fee applicable after Council adoption. - an application relating to more than one property - a site specific application, if considered to represent a large scale redevelopment - any change in use and/or zone category, except as identified under a minor amendment- an application involving significant changes to the development standards or general provisions of the by-law - an application which requires major technical studies and extensive consultation 4. Applies to blocks intended to be developed for commercial, industrial, and institutional uses (including school blocks). 5. Excludes lands to be conveyed for roads, parkland, natural hazards, and stormwater or other public infrastructure. - request for additional permitted use, within an existing building with no significant impact on existing development standards - changes in development standards or zone to accommodate a residential severance to create one additional lot - application for Temporary Use - an application involving significant changes to the policies of the Official Plan 8. An Application may apply for reconsideration provided that the resolution of the issue of concern: - does not change the nature of the proposal; - is minor and technical in nature and not expected to result in fundamental changes to the layout and design of the proposal; - does not involve re-engagement with the public; and - does not require recirculation of the application to external agencies. 9. A major Minister's Zoning Order application is where the proposed use or standards do not comply with the City's zoning by-law and a Report to Council is required. 10. A minor Minister's Zoning Order application is where the proposed use or standards comply with the City's zoning by-law. 11. An application that is more significant in scale and scope than a minor amendment and which may have greater impact or policy implications beyond the subject lands, as determined by the Director, City Development or designate. Major applications must meet one ormore of the following conditions: - an application which requires major technical studies and extensive consultation- an application relating to more than one property - a site specific application if considered to represent large scale redevelopment or significant change to the designations and permitted 7. Application fees include two resubmissions before re-circulation fees apply. Recirculation fees will be charged for the fourth submissionand every submission thereafter. 2. Applications for severance (creation of new lots), Oak Ridges Moraine applications, minor additions to existing bldgs (up to 20% of the current gross floor area) and inclusion of related uses. 3. An application for an amendment that is more significant in scale and scope than a minor zoning amendment, and which may have greater impact beyond the subject lands, as determined by the Director, City Development or designate. Major applications must meet one ormore of the following conditions: 6. An application for minor or small scale zoning amendment having no significant impact on adjoining lands, as determined by the Director,City Development or designate. Minor applications must be site specific and meet one or more of the following conditions: - 264 - User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development - Planning 18. Minor revisions to approved Site Plans include, but are not limited to: - accessory structures - façade changes - minor parking lot expansions (not to exceed 25% of the existing parking supply) - development of detached dwellings and accessory structures on the Oak Ridges Moraine - garden centres - restaurant patios - additions to existing buildings not exceeding, the lesser of, 1,000 square metres and 25% of the existing GFA 12. An application for a minor, site specific and small scale amendment or exception to Official Plan policies and designations, having limited impact or policy implications beyond the subject lands, as determined by the Director, City Development or designate. 13. An application to amend a Neighbourhood Development Guideline when the development proposal would necessitate an amendment to the Guideline or there is no other planning application being processed by Council. 14. Charged only if no other planning applications are being processed by Council.15. The applicant is responsible for the City's full costs of undertaking the peer review of any studies or drawings submitted in support of the application. This requirement applies to matters such as, but not limited to, the peer review of traffic, marketing, environmental, noise, engineering drawings and reports, and architectural drawings. 16. Fee applies to planning applications that have been inactive over 1 year but less than 2 years. If the file has been inactive 2 or more years, the file will be closed without notice and a new application will be required with current application fees being applied. 17. Also subject to deduction of credit card fee if paid by credit card. - 265 - Attachment 1 to Report PLN 23-24 Planning Application Review Scenarios 1.Development application process prior to Bill 109 and the introduction of application fee refunds. 2.Development application process post-Bill 109 when the pre-submission stage was introduced to avoid application fee refunds. 3.Development application process post-Bill 185 with the removal of application fee refunds and making pre-consultation meetings voluntary. - 266 - Memo To: Susan Cassel June 17, 2024 City Clerk From: Nilesh Surti Division Head, Development Review & Urban Design Copy: N/A Subject: Amending By-law for Zoning By-law Amendment Application A 03/24 D. Lazaridis 441 Mahogany Court Amending By-law 8120/24 Statutory Public Meeting Date Not Applicable (By-law to remove “(H)” Holding Provision) Planning & Development Committee Date Not Applicable (By-law to remove “(H)” Holding Provision) Purpose and Effect of By-law To remove the “(H)” Holding Provision on the subject lands (see Location Map attached) to permit the construction of a detached dwelling fronting Mahogany Court. Council Meeting Date June 24, 2024 Notes: The subject lot, municipally known as 441 Mahogany Court, is located west of the intersection of Rosebank Road and Finch Avenue, fronting onto the south side of Mahogany Court. The Owner is requesting to remove the “(H)” Holding Provision on the subject lot to permit the construction of a detached dwelling fronting Mahogany Court. The subject lot is identified as Lot 1 on Draft Plan of Subdivision SP-2014-04 (see Draft Plan of Subdivision SP-2014-04 attached). In 2015, Council approved Draft Plan of Subdivision SP-2014-04 and associated Zoning By-law Amendment A 11/24 to permit a residential development consisting of one lot for a detached dwelling and three lots for six semi-detached dwellings, fronting Mahogany Court. - 267 - June 17, 2024 Page 2 of 2 Zoning By-law Amendment Application A 03/24 The applicant has developed the three lots for semi-detached dwellings, and occupancy was granted in 2018. However, the subject lot, intended for a detached dwelling, remains undeveloped due to an “(H)” Holding Provision that applies to the lot. The condition required for the removal of the “(H)” Holding Provision from the subject lot is as follows: a)an alternate vehicular access to 450 Finch Avenue (the adjacent property to the west) is secured to the satisfaction of the City and the easement on 441 Mahogany Court (thesubject lands) is relinquished by the Owner of 450 Finch Avenue. This condition was a result of an existing easement on 441 Mahogany Court in favour of 450 Finch Avenue. The purpose of the easements was to maintain the existing vehicular access from Finch Avenue via a driveway over 441 Mahogany Court. There is an existing driveway located on 450 Finch Avenue that provides vehicular access from Finch Avenue, so 450 Finch Avenue no longer requires driveway access over 441 Mahogany Court. The applicant has provided legal documentation showing that the easement on 441 Mahogany Court has been relinquished by the Owner of 450 Finch Avenue. The City has received comments from the Region of Durham Works Department, the Toronto and Region Conservation Authority, and the City’s Engineering Services and Fire Services Departments stating that they have no objections to the removal of the “(H)” Holding Provision. The required condition has been satisfied by the Owner to the satisfaction of the City of Pickering. Staff recommend that Council enact the By-law to remove the “(H)” Holding Provision from the subject lot. Original Signed By Nilesh Surti IL:ld J:\Documents\Development\D-3300\2024\A 03-24\5. Memo, By-law Attachments Location Map Draft Plan of Subdivision SP-2014-04 By-law Text Schedule I - 268 - R o u g e w a lk D r i ve Mahoga n y C o u r t Finch Avenue City DevelopmentDepartment Location Map File: Applicant: Municipal Address: A 03/24 Date: May. 29, 2024 ¯ E D. Lazaridis 441 Mahogany Court Hydro Lands SubjectLands L:\PLANNING\01-MapFiles\A\2024\A 03-24 D. Lazaridis\A03_24_LocationMap.mxd 1:2,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Kings Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. HydroLands - 269 - - 270 - The Corporation of the City of Pickering By-law No. 8120/24 Being a by-law to amend Zoning By-law 3036, as amended by By-law 7446/15, to remove the “(H)” Holding Provision from the subject lands, being Lot 1, Plan 40M-2597 (A 03/24) 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 3036, as amended by By-law 7446/15, is the governing By-law of The Corporation of the City of Pickering pertaining to the subject lands, being Lot 1, Plan 40M-2597; Whereas the Council of The Corporation of the City of Pickering has deemed it advisable to amend Zoning By-law 3036, as amended by By-law 7446/15; Whereas it has been confirmed to the Council of The Corporation of the City of Pickering that the condition required for the removal of the “(H)” Holding Provision from the subject lands has been addressed to the satisfaction of the City; and Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule I Schedule I to By-law 7446/15, is hereby amended by removing the “(H)” Holding Provision preceding the “S5-2” Zone designation on Lot 1, Plan 40M-2597, as set out on Schedule I to this By-law. 2. Text Amendment Section 6 of By-law 7446/15 is hereby repealed. 3. Area Restricted By-law 3036, as amended by By-law 7446/15, 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 to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended by By-law 7446/15. - 271 - By-law No. 8120/24 Page 2 4. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 24th day of June, 2024. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 272 - Finch Avenue Mahog a n y C o u r t Clerk Mayor i N 8120/24Schedule I to By-Law Passed This 25th Day of June 2024 Remove "(H)" Holding Provision 9.2m 9.9m 61 . 1 m 65 . 4 m - 273 - Memo To: Susan Cassel June 18, 2024 City Clerk From: Catherine Rose Chief Planner Copy: Division Head, Development Review & Urban Design Principal Planner, Development Review Subject: Amending By-law for Zoning By-law Amendment Application A 13/17(R) Avonmore Ventures Inc. Part of Lot 18, Concession 3 (North of William Jackson Drive, South of the Canadian Pacific Railway Corridor) Amending By-law 8121/24 for Zoning By-law Amendment Application A 13/17(R) Statutory Public Meeting Date October 5, 2020 Planning & Development Committee Date February 7, 2022 Subject Lands Located on the east side of Brock Road, north of William Jackson Drive, and south of the Canadian Pacific Railway (CPR) Corridor, within the Duffin Heights Neighbourhood (see Location Map). Purpose and Effect of Amending By-law 3037 To rezone the subject lands from “A” – Rural Agricultural Zone to “R2-1” – Single Residential Zone with an “H” – Holding symbol and “OS” – Open Space Zone to facilitate a residential condominium development. The development will include an 8-storey apartment building containing 92 units, and 78 stackedtownhouse dwelling units. The site-specific implementing zoning by-law establishes appropriate performance standards including, but not limited to: minimum and maximum number of units; minimum vehicle parking; minimum garage dimensions; maximum building heights; minimum building setbacks; permitted encroachments, and minimum amenity space. The by-law also includes an “H” Holding Symbol requiring the owner to receive an acknowledgement from the Trustee of the Duffin Heights Landowners Group that they have made satisfactory arrangements to pay their proportionate share of the development costs to the Landowners Group. - 274 - June 18, 2024 By-law 8121/24 (A 13/17 (R)) Council Meeting Date June 24, 2024 Notes: On August 16, 2022, the applicant applied for Site Plan Approval. The applicant has collaborated with staff to refine their proposal to address various detailed design matters identified through the review of the associated rezoning application. These matters include minimum interior garage sizes, maximum building heights and minimum amenity areas. The applicant has appropriately addressed these issues. The Site Plan application was presented to the Site Plan Review Panel on April 11, 2024, and the Review Panel had no further concerns. The applicant and their planning consultants have reviewed the attached zoning by-law amendment. Original Signed By Catherine Rose AD:ld J:\_Staging File Share\Development\D-3300 Zoning By-law Amendments (A Applications)\2011-2019\2017\A 13-17\Council\By-law Chart Memo to Clerks.docx Attachments Location Map By-law Text Schedules I and II - 275 - William Jackson Drive Huckleberry Crossing Brock Road Ca r o u s e l D r i v e Rex Heath Drive Tally Street Zents Drive TauntonRoad ForbrockStreet © 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 Map File: Applicant:A 13/17 ¯ E Avonmore Ventures Inc. ApplicantOwned Lands L:\PLANNING\01-MapFiles\A\2017\A 13-17 Avonmore Ventures Inc\A13_17(R2)_LocationMap.mxd Date: June 24, 2024 SCALE: 1:4,000 THIS IS NOT A PLAN OF SURVEY. Infrastructure OntarioOwned Lands E - 276 - The Corporation of the City of Pickering By-law No. 8121/24 Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 17 and 18, Concession 3, and Part 2, 40R-2617 and Part 1, 40R-2418 City of Pickering (A 13/17) Whereas the Council of the Corporation of the City of Pickering received an application to rezone the subject lands being Part of Lot 17 and 18, Concession 3, in the City of Pickering to permit a residential condominium development consisting of stacked townhouses, an apartment dwelling and public open space to occur on the subject lands being Part of Lot 18, Concession 3; And whereas an amendment to By-law “3037”, as amended, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule I and II Schedule I and II 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 being Part of Lot 17 and 18, Concession 3, and Part 2, 40R-2617 and Part 1, 40R-2418, in the City of Pickering, designated “R2” and “OS” on Schedule I and II attached hereto. 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 Space” shall mean the total passive or active recreational area provided on a lot for the personal, shared or communal use of the residents of a building or buildings, and includes balconies, patios, porches, rooftop gardens and other similar features, but does not include indoor laundry or locker facilities; 2. “Building, Apartment” shall mean a building containing more than four dwelling units where the units are connected by an interior corridor; 3. (a) “Dwelling” shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) “Dwelling Unit” shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent, and separate housekeeping unit containing a separate kitchen and sanitary facilities; - 277 - By-law No. 8121/24 Page 2 (c) “Dwelling, Stacked” means a residential use building for four or fewer storeys in height, containing three or more principle dwelling units, where the units are divided horizontally and vertically, and where each unit has an independent entrance at the ground level, or through a common entrance at the ground level or at the first storey above ground, and may have shared exit facilities above the first floor; (d) “Dwelling, Multiple – Vertical” shall mean a building containing three or more dwelling units, attached horizontally and vertically, by an above-grade wall or walls, or an above-grade floor or floors, or both, and in which each dwelling unit has an attached private garage, and is accessed from a rear lane; 4. (a) “Floor Area – Residential” shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (b) “Gross Floor Area – Residential” shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic, or a cellar; 5. “Building, Height” 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. A penthouse, tower, cupola, steeple or other roof structure which is used only as an ornament upon or to house the mechanical equipment of any building shall be disregarded in calculating the height of such building; 6. “Grade” shall mean, when used within reference to a building, the average elevation of the finished surface of the ground where it meets the exterior of the front of such building and when used with reference to a structure shall mean the average elevation of the finished surface of the ground immediately surrounding such structure, exclusive in both cases of any artificial embankment; 7. (a) “Lot” shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) “Lot Coverage” shall mean the percentage of lot area covered by all buildings on the lot; (c) “Lot Frontage”" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; 8. “Private Garage” shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; - 278 - By-law No. 8121/24 Page 3 9. (a) “Yard” shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) “Front Yard” shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) “Front Yard Depth” shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) “Rear Yard” shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) “Rear Yard Depth” shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f) “Side Yard” shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) “Side Yard Width” shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) “Flankage Side Yard” shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) “Flankage Side Yard Width” shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot; (j) “Interior Side Yard” shall mean a side yard other than a flankage side yard. 10. “Street, Private” means: (a) a right-of-way or roadway that is used by vehicles and is maintained by a condominium corporation; (b) a private road condominium, which provides access to individual freehold lots; - 279 - By-law No. 8121/24 Page 4 (c) a roadway maintained by a corporation to provide vehicular and pedestrian access to parking lots and individual retail/commercial units; (d) 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. 5. Permitted Uses and Zone Regulations (“(H) R2-1” Zone) (1) Permitted Uses (“(H) R2-1” Zone) Until such time as the (H) Holding Provision is lifted, the lands shall not be used for any purposes other than the existing lawful uses, located on the land or in existing buildings or structures, provided such uses continue in the same manner and for the same purpose for which they were used on the day this By-law was passed. (2) Zone Regulations (“(H) R2-1” Zone) The (H) Holding Provision shall, upon application by the landowner, be removed from the “R2” Zone by City Council passing a By-law under Section 34 of the Planning Act. The following condition shall first be completed to the satisfaction of the City of Pickering: (a) That the City receives an acknowledgement from the Trustee of the Duffin Heights Landowners Group that the applicant has made satisfactory arrangements to pay its proportionate share of the development costs to the Landowners Group. 6. Permitted Uses and Zone Regulations (“R2” Zone) (1) Uses Permitted (“R2” Zone) (a) No person shall within the lands designated “R2” on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: 1. Stacked Townhouses 2. Dwelling, Multiple – Vertical 3. Apartment Building (2) Zone Requirements (“R2”) No person shall within the lands designated “R2” on Schedule I and II attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (a) Building Location and Setbacks: i) All buildings shall be located entirely within a building envelope with a minimum setback of 25 metres to the CP Rail lands. - 280 - By-law No. 8121/24 Page 5 (b) Maximum Number of Dwelling Units: 170 i) Stacked Townhouse Units: 46 ii) Dwelling, Multiple-Vertical: 32 iii) Apartment Units: 92 (c) Minimum Setback from South Lot Line: i) Stacked Townhouses: 4.5 metres ii) Apartment Building: 6.0 metres (d) Minimum Setback between Dwelling, Multiple-Vertical Building Blocks: i) Between Building B and C: 10.5 metres ii) Between Building C and D: 12.5 metres (e) Minimum Setback between Stacked Townhouse Building Blocks: i) Between Building A and B: 7.5 metres ii) Between Building B and C: 2.8 metres iii) Between Building C and D: 7 metres (f) Minimum Setback between Building A (Stacked Townhouses) Building Block to Building B (Dwelling, Multiple-Vertical) Building Block: 13.0 metres (g) Maximum Height i) Building A: 13.0 metres ii) Building B: • Dwelling, Multiple-Vertical: 11.5 metres • Stacked Townhouses: 13.0 metres iii) Building C: • Dwelling, Multiple-Vertical: 11.5 metres • Stacked Townhouses: 13.0 metres iv) Building D: • Dwelling, Multiple-Vertical: 13.0 metres • Stacked Townhouses: 13.0 metres v) Apartment Building: 28.0 metres - 281 - By-law No. 8121/24 Page 6 (h) A below grade parking structure shall be permitted beyond the limits of the building envelope as identified: i) To the easterly lot line: 0.5 metres ii) To the southerly lot line: 1.0 metre iii) To the northerly lot line: 23.8 metres (3) Permitted Encroachments No part of the building envelope shall be obstructed except as follows: (a) Projections including balconies, uncovered and covered porches, decks, platforms and awnings, stairs, window sills, chimney breasts, fireplaces, belt courses, cornices, pilasters, eaves, eave troughs and other similar architectural features may project outside the building envelope provided that no such feature projects a maximum of 2.5 metres from the main wall of the building (4) Vehicular Parking Requirements (a) Minimum Parking Requirements: i) Dwelling, Multiple-Vertical: 2.0 spaces per dwelling unit ii) Stacked Townhouses: 1.0 space per dwelling unit iii) Apartment Building: 1.0 space per dwelling unit iv) Visitor Parking: 0.2 spaces per unit 7. Accessible Parking Requirements To be provided in accordance with the Traffic and Parking By-law 6604/05, as amended, or any successor thereto. 8. Restrictions on Parking and Storage of Vehicles (1) A private garage associated with a Stacked Townhouse and a Dwelling, Multiple- Vertical shall have a minimum width of 2.9 metres and a minimum depth of 6.0 metres. The width may include one interior step and the depth may include two interior steps. (2) A driveway shall not be wider than the building or structure to which it provides access. (3) The parking or storage of an inoperative vehicle is not permitted on any lot in a residential zone, unless it is entirely within a fully enclosed building or structure. (4) The parking or storage or a construction vehicle is not permitted on any lot in a residential zone, unless it is entirely within a fully enclosed building or structure. - 282 - By-law No. 8121/24 Page 7 (5) A vehicle that exceeds the maximum permissible vehicle size provisions, is permitted to park temporarily on a lot in an residential zone for the sole purpose of delivering to, servicing, building or constructing the premises on that lot. (6) Subsection 5.19.2 of By-law 3037, as amended shall not apply. 9. Special Regulations (“R2” Zone) (1) A private street shall have a minimum width of 6.5 metres. (2) Despite the provisions of Section 5.6 of By-law 3037, as amended, the requirement for the frontage on a public street shall be satisfied by establishing frontage on a private street. (3) A water meter building required by the Region of Durham for the purposes of measuring the quality of water delivered shall be exempt from the subject zoning requirements. 10. Landscaped Open Area and Residential Amenity Area (“R2” Zone) (1) A minimum landscaped open area of 20% is required. (2) 6.0 square metres of amenity area shall be provided for each unit; (3) Accessory structures such as pergolas, sheds or other similar structures shall not be permitted on the private amenity area above the garage at the rear of the dwelling unit. (4) A minimum balcony depth of 1.5 metres is required. 11. Permitted Uses and Zone Regulations (“OS” Zone) (1) Permitted Uses (“OS” Zone): No person shall within the lands designed "OS” on Schedule I attached hereto use any lot or erect, alter or use any building or structure except the following: (a) Preservation and conservation of the natural environment, soil and wildlife; (b) Resource Management; and (c) Stormwater Management Facilities. 12. Zone Requirements (“OS” Zone) No buildings or structures shall be permitted to be erected where buildings or structures are used only for purposes of resource management, including a stormwater management facility, pedestrian and/or bicycle trails. - 283 - By-law No. 8121/24 Page 8 13. Model Homes (1) Notwithstanding any provisions in By-law 3037, a maximum of one Model Home per dwelling unit type, having a minimum of one parking spaces per Model Home unit is permitted. (2) For the purposes of this By-law, “Model Home” shall mean a dwelling unit which is not used for residential purposes, but which is used exclusively for sales, display and marketing purposes pursuant to an agreement with the City of Pickering. 14. By-law 3037 By-law 3037 is hereby amended only to the extent necessary to give effect to the provisions of this By-law as it appears to the area set out in Schedule I and II attached hereto. Definitions and subject matter not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. 15. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 24th day of June, 2024. __________________________________ Kevin Ashe, Mayor __________________________________ Susan Cassel, City Clerk - 284 - Ca r o u s e l D r i v e William Jackson Drive St a r b o a r d M e w s Ea r l G r e y A v e n u e Carousel Mews Clerk Mayor i N 8121/24Schedule I to By-Law Passed This 24th Day of June 2024 OS 132.6m (H)R2 43 . 2 m 31 . 7 m 59.0m 40.0m 65.2m 85 . 0 m 65.3m 31.0m 201.7m 7.8m 7.7m 11.5m 9.6m 28 . 0 m 3.5m 17.5m Text Forbrock Street - 285 - Ca r o u s e l D r i v e William Jackson Drive St a r b o a r d M e w s Ea r l G r e y A v e n u e Carousel Mews Tally Street Clerk Mayor i N 8121/24Schedule II to By-Law Passed This 24th Day of June 2024 4.5m 1.5m 4.5m 10.5m 6.0m 3.0m 3.0m Building Envelope 17 . 8 m 2 5 . 0 m 2 5 . 0 m 6.0m 10.5m Forbrock Street - 286 - Memo To: Susan Cassel City Clerk June 18, 2024 From: Paul Bigioni Director, Corporate Services & City Solicitor Copy: Director, City Development & CBO Subject: Request for Part Lot Control By-law - Owner: 1133373 Ontario Inc. - Blocks 165, 167, 168 and 170, Plan 40M-2671 File: PLC.40M-2671.16 Blocks 165, 167, 168 and 170, Plan 40M-2671 are being developed in accordance with the appropriate Subdivision Agreement in such a manner to allow for the construction of 26 townhouse dwelling units. On September 25, 2023, Council passed By-law 8045/23, enactment of which exempted the subject lands from the part lot control provisions of the Planning Act, R.S.O. 1990. We have been advised that, due to a delay in the Owner’s construction schedule, some of the dwelling units will not be completed and ready for private conveyance by the expiry date set out in By-law 8045/23 (September 25, 2024). Accordingly, a further by-law should be enacted, extending the expiry date to June 24, 2025. 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. This draft by-law is attached for the consideration of City Council at its meeting scheduled for June 24, 2024. PB:ca Attachments Location Map Draft By-law - 287 - Cactus Crescent S k y r id g e B o u l evard Marathon Avenu e Azalea Avenue Pe t e r M a t t h e w s D r i v e Egan Mews De l p h i n i u m T r a i l Chateau Cou r t Sp i n d l e M e w s Aquarius T r a i l Ap r i c o t L a n e So l s t i c e M e w s Block165 Block167 Block168 Block170 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 Map File: Property Description: Part Lot Control THIS IS NOT A PLAN OF SURVEY. Date: May. 24, 2024 ¯ Blocks 165, 167, 168 & 170, 40M-2671 L:\PLANNING\01-MapFiles\Legal\Part Lot Control\PartLotControl_40M2671_v3.mxd - 288 - The Corporation of the City of Pickering By-law No. 8122/24 Being a by-law to exempt Blocks 165, 167, 168, and 170, Plan 40M-2671, 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) ofthe 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 ceaseto apply to Blocks 165, 167, 168, and 170, Plan 40M-2671. 2.This by-law shall remain in force and effect for a period of one year from the date of thepassing of this by-law and shall expire on June 24, 2025. By-law passed this 24th day of June, 2024. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 289 -