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HomeMy WebLinkAboutDecember 13, 2004Executive Committee Meeting Agenda Monday, December 13, 2004 To follow Special Council Meeting Chair: Councillor Pickles (I) ADOPTION OF MINUTES Meeting of November 22, 2004 (11) 1. MATTERS FOR CONSIDERATION PLANNING & DEVELOPMENT REPORT PD 45-04 ZONING BY-LAW AMENDMENT APPLICATION A 03/04 DAVID CHESTER 2195 UXBRIDGE-PICKERING TOWNLINE ROAD (NORTH PART OF LOT 14, CONCESSION 9) PAGE 1-21 PLANNING & DEVELOPMENT REPORT PD 41-04 ERIN AMELIA INVESTMENTS LTD. -PLAN OF SUBDIVISION 40M-1607 SECURITY-BENRON DEVELOPEMNTS INC. -PLAN OF SUBDIVSION 40M-1609 SANDBURY BUILDING (PICKERING) CORPORATION -PLAN OF SUBDIVISION 40M-1616 FINAL ASSUMPTION OF PLANS OF SUBDIVISION 22-34 PLANNING & DEVELOPMENT REPORT PD 43-04 SANDBURY BUILDING CORPORATION -PLAN OF SUBDIVISION 40M-1590 RUNNYMEDE DEVELOPMENT CORPORATION LIMITED -PLAN OF SUBDIVISION 40M-1599 GARTHWOOD HOMES LIMITED -PLAN OF SUBDIVISION 40M-1600 FINAL ASSUMPTION OF PLANS OF SUBDIVISION 35-47 Executive Committee Meeting Agenda Monday, December 13, 2004 To follow Special Council Meeting Chair: Councillor Pickles PLANNING & DEVELOPMENT REPORT PD 44-04 J.D.S. INVESTMENTS LIMITED J. ISRAELI (BROCK) LIMITED -PLAN OF SUBDIVISION 40M-1602 SERENO HOLDINGS LIMITED -PLAN OF SUBDIVISION 40M-1603 FINAL ASSUMPTION OF PLANS OF SUBDIVSION 48-57 CORPORATE SERVICES REPORT CS 49-04 2005 TEMPORARY BORROWING BY-LAW 58-63 CORPORATE SERVICES REPORT CS 52-04 COMPLIANCE WITH PROCUREMENT REQUIREMENTS OF SECTION 271, MUNICIPAL ACT, 2001, S.O. 2001, CHAPTER 25 (THE ACT) 64-70 CORPORATE SERVICES REPORT CS 56-04 ESTABLISHMENT OF THE DEDICATED GAS FUND TAX RESERVE 71-87 CORPORATE SERVICES REPORT CS 45-04 TULLIS COTTAGE DESIGNATION 1705 SEVENTH CONCESSION ROAD 88-91 CORPORATE SERVICES REPORT CS 46-04 EVER GREEN VILLA DESIGNATION 3970 BROCK ROAD CONCESSION 6, LOT 19 92-134 Executive Committee Meeting Agenda Monday, December 13, 2004 To follow Special Council Meeting Chair: Councillor Pickles 10. CORPORATE SERVICES REPORT CS 58-04 SECTION 354/357/358 OF THE MUNICIPAL ACT - ADJUSTMENT TO TAXES 135-138 11. OPERATIONS & EMERGENCY SERVICES REPORT OES 38-04 CONSTRUCTION PRIORITIES FOR REGIONAL ROADS - WITHIN THE CITY OF PICKERING 139-143 12. CHIEF ADMINISTRATIVE OFFICE REPORT CAO 05-04 FLAG PROTOCOL -POLICY/PROCEDURE -FILE: A-3100-001 A-1010-001 144-158 (111) 1. CONFIDENTIAL MATTER To review a financial matter. 159-t62 (IV) OTHER BUSINESS (V) ADJOURNMENT RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Zoning By-law Amendment Application A 03/04, be APPROVED as set out in the draft by-law amendment attached as Appendix I to Report PD 45-04, to amend the existing zoning on the subject lands to permit a bed and breakfast and a 75 square metre home-based business, on lands being North Part of Lot 14, Concession 9, City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 03/04, as set out in Appendix I to Report Number PD 45-04, be FORWARDED to City Council for enactment. 00© PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: PD 45-04 Date: November 26, 2004 From: Nell Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 03/04 David Chester 2195 Uxbridge-Pickering Townline Road (North Part of Lot 14, Concession 9) City of Picketing Recommendation: That Zoning By-law Amendment Application A 03/04, be APPROVED as set out in the draft by-law amendment attached as Appendix I to Report PD 45-04, to amend the existing zoning on the subject lands to permit a bed and breakfast and a 75 square metre home-based business, on lands being North Part of Lot 14, Concession 9, City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 03/04, as Set out in Appendix I to Report Number PD 45-04, be FORWARDED to City Council for enactment. Executive Summary: The applicant requests a change to the zoning by-law to permit a bed and breakfast, not exceeding three (3) bedrooms, and to permit the expansion of the floor area for an existing home-based business from a permitted 50 square metres to 75 square metres. The property is located on the south side of the Uxbridge-Pickering Townline, west of Sideline 12 (see Location Map, Attachment #1 & Existing Site Layout, Attachment #2). The subject lands are being used at present as a rural residential property that has an associated home-based business. The business is a recording studio and currently is contained within the existing dwelling. The applicant is considering the future relocation of the home-based business into an existing accessory structure located on the property. This potential relocation would require the renovation and expansion of the accessory structure to accommodate the home-based business. Report PD 45-04 Subject: Zoning By-law Amendment Application A 03/04 Date: November 26, 2004 Page 2 003 Due to the rural character of this expansive site and the minimal impact on the natural heritage of the Oak Ridges Moraine, it is recommended that the application be approved and that the draft amending by-law be forwarded to Council for enactment. Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the Background: 1.0 Comments Received 1.1 At the August 5, 2004 Information Meeting (see text of Information Report, Attachment #3) Public Comments ,Applicant Comments no public present at meeting for this application. concern has been raised by one neighbour that.an expansion of the existing recording studio could result in noise nuisance. his concerns would be satisfied, provided the studio was adequately sound proofed. (see Attachment #4) no comments. 1.2 Agencies: Durham Region Planning Department Veridian Connections conforms with the Oak Ridges Moraine Conservation Plan provided there is no change in use and the expansion of the accessory structure will not have adversely affect the ecological integrity of the Plan Area; conforms with Regional Official Plan; the property is serviced by private well and sewage; no Provincial interests identified; (see Attachment #5); - no objection; 004 Report PD 45-04 Subject: Zoning By-law Amendment Application A 03/04 Date: November 26, 2004 Page 3 1.3 Toronto and Region Conservation Authority City Departments: Development Control - in the event that the applicant chooses to alter the existing accessory structure, the following will apply: in accordance with Ontario Regulation 158 a permit from TRCA is required for any building or structures within area susceptible to flooding during a Regional Storm, or if any alteration to a watercourse is undertaken; the adjacent Key Natural Heritage Features will not be effected by proposed change of use; any future redevelopment should be contained in the existing cleared portionof the site; - TRCA has no objections, however, request that any future applications be circulated for comment. Attachment #6) no comments. 2.0 2.1 2.1.1 2.1.2 Discussion Use and Compatibility Proposed use conforms to the Pickerinq Official Plan. The applicant is proposing to develop a bed and breakfast and seeks permission to expand the floor area of a home-based business. The subject property is designated "Open Space System-Natural Areas" in the City of Pickering Official Plan. Among other uses, this designation permits existing lawful residential dwellings and new residential dwellings on vacant blocks. Proposed use conforms to the Oak Ridqes Moraine Conservation Plan. The subject property is identified as being located within the "Natural Core Area" of the Oak Ridges Moraine Conservation Plan, Permitted uses in this designation includes both home businesses and bed and breakfast establishments, provided they do not represent a threat to the area's natural features and are deemed not to be major developments. Report PD 45-04 Subject: Zoning By-law Amendment Application A 03/04 Date: November 26, 2004 Page 4 2.1.3 2.2 2.2.1 3.0 The site is suitable for the proposed use. The proposed use would have minimal impact on the neighbouring land uses. The site is very large and the residence and accessory structure are separated from adjoining residences by heavily treed ravines. The home-based business By-law requires the recording studio to be licenced with the City, and enforcement measures can be taken if the operation becomes a nuisance. In the future the applicant may consider moving the recording studio into a separate building, while still maintaining the restrictions on floor area. At present, the Zoning By-law does not permit home-based businesses within accessory structures. For this type of business, a sepai'ate building will be easier to soundproof, thus minimizing any impact of the neighbouring properties. The development will not involve any significant increase in building footprints than those that exist currently on the site. The bed and breakfast will be entirely contained within the residence. Minor alterations to a small existing accessory building may be required in the future to house the home-based business. In its present location the alterations could easily be accomplished without any impact on the natural heritage of the site. Sufficient site area is available to accommodate the proposed use and required parking. Building Permit The Buildinq Permit Approval Process and Chanqe of Use Application will address Buildinq and Fire Code requlations. In order for the applicant to operate the existing residence as a bed and breakfast establishment or alter the accessory building to enable the relocation of the home-based business, change of use, building permit applications and site plan details will be required by the City of Pickering. These applications will trigger the assessment of Fire Services. Fire Services have requested that a "life safety study", accompanied by a drawing bearing the seal of the architect or engineer be submitted. The study is required to satisfy the Ontario Building and Fire Codes and will be required and assessed with the building application. Applicant's Comments The applicant is aware of the contents of this report, has reviewed the draft zoning by-law, and concurs with the recommendations. 0O8 Report PD 45-04 Subject: Zoning By-law Amendment Application A 03/04 Date: November 26, 2004 Page 5 APPENDIX: Appendix I: Draft By-law Attachments: 1. Location Map 2. Existing Site Layout 3. Information Report 4. Comments from Alastair Gillespie 5. Comments from the Region of Durham Planning Department 6. Comments from the Toronto and Region Conservation Authority Prepared By: Planner II Approved / Endorsed By: Nell Carrol~P Director, P al nnTt~g & Development Lynda T,.a'ylor, MCIP, I~P Manager, Development Review MTD:Id Attachments Copy: Chief Administrative Officer (Acting) Chief Administrative Officer Recommen~d~d Pickering/Ci tion of /~Thomas J. Quinr¢ trative Officer APPENDIX I TO REPORT PD 45-04 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 03/04 005 THE CORPORATION OF THE C TYQ.F PICKERING .... Being a y- to amend ~'estricted Area Zoning By-law 3037, to implement the Official Plan of the City of Pickering, Region of Durham, North Part of Lot 14, Concession 9, City of Pickering. (A 03/04) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit a bed and breakfast establishment and permit an increase of floor area for a home-based business on the subject lands, being the North Part of Lot 14, Concession 9, in the City of Pickering; AND WHEREAS an amendment to By-law 3037, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT (1) Section 6.1.5 of By-law 3037 be amended by adding the following: 6.1.5.16 Part of Lot 14, Concession 9 (2195 Uxbridge-Pickering Townline Road) (1) For the purpose of this subsection, the term 'Bed and Breakfast Establishment' means an establishment that provides sleeping accommodation (including breakfast and other meals, services, facilities and amenities for the exclusive use of guests) for the travelling or vacationing public in up to three guest rooms within a detached dwelling that is the principle residence of the proprietor of the establishment. (2) Not withstanding any of the provisions of this By-law, in addition to any other uses that may be permitted thereon, the lands identified as Part of Lot 14, Concession 9 (2195 Uxbridge-Pickering Townline Road) may be used for the purpose of a bed and breakfast establishment. (3) Despite 5.19(6) a home-based business on the lands identified as Part of Lot 14, Concession 9 (2195 Uxbridge-Pickering Townline Road) may occupy 25 per cent of the finished floor area of a building to a maximum of 75 square metres. (4) (5) Despite 5.19(7), a home-based business on the lands identified as Part of Lot 14, Concession 9 (2195 Uxbridge-Pickering Townline Road) may be permitted within an accessory building or structure. Despite section (4) above, home-based businesses located within an accessory structure may occupy 100 per cent of the floor area of the accessory structure to a maximum of 75 square metres. 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 applies to Part of Lot 14, Concession 9 (2195 Uxbridge-Pickering Townline Road). Definitions and subject matter not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. -2- 3. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second and third time and finally passed this ,2004. day of Bruce Taylor, Clerk ATTACHMENT #~ J TO 0 .,L ~.) REPORT ~' PD ~!5-~>~ · ' 7' TOWNSHIP OF' U.XE3RIDGE l City of Pickering Planning &. Development DepaFtment PROPERTY DESCRIPTION CON 9 N PT LOT 14 ' OWNER D. CHESTER DATE ..' MAY. 19, 2004 I DRAWN BY JB ¢ FILE No. A 03/04 SCALE I;7500 I CHECKED BY OP FOR DEPARTMENT USE ONL'Y PN-RURAL PA- REPORT # PD_ ~.~-~ .... INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 03~04 - D. CHESTER J L UXBRIDGE-PICKERING TOWN LINE ROAD 413,7m LOT 14, CONCESSION EXISTING EXISTING CITY OF PICKERING , FRAME DWELLING BUILDING ~~SWI~MING POOL 331 ,Bm THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, JUNE 23, 2004. 01£ · A'rTACHMENT ~_ -~ TO REPOR'I' ~ PD_ z/..G PICKERING INFORMATION REPORT NO. 10-04 FOR PUBLIC INFORMATION MEETING OF August 5, 2004 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 3/04 David Chester 2195 Uxbridge-Pickering Townline Road (North Part of Lot 14, Concession 9) 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is located on the south side of the Uxbridge-Pickering Townline Road, east of Brock Road (see Location Map, Attachment #1); - the subject property has an area of approximately 16 hectares, a lot frontage of approximately 413 metres, and currently supports a detached dwelling and accessory structure; - agricultural and residential uses currently surround the subject property. 2.0 APPLICANT'S PROPOSAL the applicant proposes to amend the current zoning of the subject property in order to permit a three (3) bedroom bed & breakfast establishment as an additional use within the existing dwelling, and to allow for a greater floor area than is permitted by the zoning by-law for an existing home-based business (a recording studio) within the existing dwelling; the applicant has recently requested that this application be amended in order to permit the home-based business to be located within an accessory structure on the subject property; Information Report No. 10-04 REPOR? # PD_ 4f~ Page 2 01o the applicant is considering the future relocation of the existing home-based business into the existing accessory structure located at the west side of the dwelling, this relocation would require the renovation and expansion of the accessory structure to accommodate the home-based business, any expansion of the structure would be directed away from the adjacent woodlands; a total floor area of 75 square metres is proposed for the home-based business; a site plan showing the existing buildings on the property is attached (see Attachment #2). 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Reqional Official Plan - identifies the subject property as being designated "Major Open Space System - Oak Ridges Moraine"; - the proposal appears to conform to the Durham Region Official Plan; 3.2 Pickerin.q Official Plan - identifies the subject property as being located within an "Open Space System - Natural Area"; - this designation allows for residential dwellings and uses accessory thereto; - the applicant's proposal conforms to the policies of the Pickering Official Plan; 3.3 Oak Ridqes Moraine Conservation Plan - the subject property is designated "Natural Core Area" within the Oak Ridges Moraine Conservation Plan; - other land use designations identified on the property include "Landform Conservation Area - Category 1" and "Low Aquifer Vulnerability"; - the Plan also identifies a stream and woodlands on the subject property (see Attachment #3); - uses permitted within Natural Core Areas include, but are not limited to, bed & breakfast establishments and home businesses; - all uses within the Oak Ridges Moraine are required to comply with all relevant sections of the Plan; - the applicant's proposal complies with the policies of the Oak Ridges Moraine Conservation Plan; 3.4 Zoninq By-law 3037~00 - the subject property is currently zoned "A" - Rural Agricultural Zone, by Zoning By-law 3037, as amended; Information Report No. 10-04 ATTACHMENT~_ -~ _TO ,~ REPORT ¢' Pi)_ ~5 oO~ _ Page 3 4.0 4.1 the existing zoning permits a detached dwelling, accessory structures, and a home-based business to a maximum of 50 square metres in size within the dwelling; a zoning by-law amendment is required to permit the bed & breakfast establishment as an additional use, and to allow for a home-based business 75 square metres in size to be located within the dwelling or in an accessory structure on the property. RESULTS OF CIRCULATION Resident Comments 4.2 4.3 none received to date; Agency Comments none received to date; Staff Comments 4.3.1 5.0 Fire Services requests that a "Life Safety Study" be prepared by an architect or engineer, clearly indicating how the building meets both the Ontario Building and Fire Codes, this study is to be accompanied by a set of drawings bearing the seal of the architect or engineer. Other Matters - in reviewing the application to date, the following matters have been identified by staff for further review and consideration: · compatibility with the surrounding area; · ensuring that the existing dwelling meets both the Ontario Code and Fire Code; · appropriateness of the proposed size and future location home-based business; · examination of the parking requirements ensure adequate parking is provided. Building of the for the proposed use to PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; Information Report No. 10-04 ATTACHMENT #~TO REPORT ~ PD.._.~.~ -0~ Page 4 01 5 if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. 6.0 OTHER INFORMATION 6.1 Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report. ORIGINAL SIG~ED BY' Carla Pierini Planner I CXP:Id Attachments Copy: Director, Planning & Development Catherine Rose, MCIP, RPP Manager, Policy ATTACHMENT# ~'-- TO '% REPORT # PD~ APPENDIX NO. I TO INFORMATION REPORT NO. 10-04 ' COMMENTING RESIDENTS AND LANDOWNERS (1) none to date; COMMENTING AGENCIES (1) none to date; COMMENTING CITY DEPARTMENTS (1) (2) Planning & Development Department; Fire Services. REPORT 017 & L A S T A I R ~/~' · G I L L E $ P I E 4 August 2004 Director, Planning & Deve~~ City of Picketing Plckering Ctvic Complex One the Esplanade Pickering, ON 'LlV6K7 RE: ZONING BY*LAW AMENDMENT APPLICATION - A3/04 DALED CHESTER 2IgS ~ PZCKERZNG TOWN~E ROAD Ply house and properties are the adjacent properties immediately, to the west of the subject property. I should like to register one concern in particular, i¥ the "recording studio" (the home baSed business) is to be relocamd (and enlarged) to the west of the existing recording studio and therefore closer to me I am concerned that my peace and quiet will be disturbed. Rock bands can be very, very noisy, I would therefore suggest that if Mr. ~ seeks to relocate and expand his home based busin~ that he be required to give an undertaking that the building would be properly 'round proofed' to contain all sound and that this be made a condition of any dedsion approving the by-law amendment. I r~g, ret t~at ! cannot be present for the heafi~. ! have however conveyed th.e~ views to my good neighbour, Mr. David Chester. Please supply me with a copy of the decision, Yo~/~nce. rely, ~ AWG/sk 175 Heath Street West Toronto, ON M4V lVl The.Regional Municipality of Durham Planning Department Re: 1615 DUNDAS St E. 4TM FLOOR, LANG TOWER WEST BUILDING PO BOX 623 WHITBY ON L1N 6A3 .... ANADA a05-728-7731 ' Fax: 905-436-6612 Email: planning@ region.durham.on.ca www. region.du~ham.on.c~ A.L Georgieff, MCIP,'RPP -'Commissioner of Planning July 20, 2004 ATTACHMENT-#~T0 carla Pierini, Planner I Planning & Development Department One the Esplanade Pickering, Ontario L1V6K7 Dear Ms. Pierini: ' Zoning Amendment Application A,03/0.4 Applicant: David Chester Location: Part of Lot 14, Concession 9 2195 Uxbridge-Pickering Townline Road Municipality: City.of Pickering We have' reviewed this application and the following comments are offered. The application proposes to rezone the subject property to permit a'n increase in floor area for an. existing 'home-based business (recording studio) and to permit a bed and breakfast.establishment as an additional use. RECEIVED J'UL 2 I 2[704 CiTY OF'PIOKERING PLANNING & DEVELOPMENT DEPART. MENT Oak Ridqes Moraine Conservation Plan The subject.property is designated ".Natural. Core Area" in the' Oak Ridges Moraine'Conservation Plan. Home businesses and bed and breakfast establishments are permitted within this designation:' A home business is defined as an occupation that involves providing personalor professional services or producing custom or artisanal products, is carried on as a small-scale accessory use Within a single dWelling by one or more of its' residentS, and does not include uses su0h as an auto repair or paint shop or furniture .stripping. The policies of'the ORMCP do not prevent the expansion of an exiSting building or structure, if the applicant, demonstrates that therewill be no change in 'use, and the expansi.on will not adverselY affect the ecological integrity of the Plan Area. Durham Regional,OffiCial Pla.n Set'~l~e :ExcelJence fo~,/'~ c~m ~hities" The subject, property is designated "Major Open Space - Oak Ridges Moraine" in the Durham Regional Official Plan. Accessory uses.to an 100% Post Consumer REP0~ d 'PD~ Page 2 existing residential use, including hOme bus nesSes and.bed and breakfast establishments, are permitted provided they. meet the tests for maintenance, restOration or enhancement of ecologica! and hydrological integrity and specific policies contained in the ORMCP. .ServiCing The subject property is serviced by private well and private sewage -disposal system. Additional servicing .information is required for the total daily.sewage fl'ow, as it is unknown of the existing private sewage disposal system is sized for this 'increase. ProvinCial Plan Review Responsibilities The application has been screened in acCordance with the provincial plan reviewresponsibilities. No provincial' interests appear to be.affected by the proposal: If you have any questions or require additional information, please call me. Yours truly, · Ray Davies, Planner Plan Implementation Current Operations Branch Copy: KarI.Kiproff,'Durham Region Health Department R:'u'd'~.o ni ng'~picke d n ~ a03-J34.d0~' ATTACHUENT #~TO REPORT # PD servahon for. The Living ..City August 10, 2004 ' A U~ ~ I 3, ~LOo/~ LgJ C;ITY OF PICKE. RING PICKERING, ONTARIO :BY FAX'AND MAIL (905,420~9685) CFN Ms. Carla.Pierini' Planning Department .City of PiCketing Pickering :Civic Complex:.: ' Qne The Esplanade .. Pickering, Ontario LlV 6K7 Dear Ms. Pierini: AU6 2 3 2004 CITY OF PICKERINGi PLANNII~IG & DEVELOPMENT DEPARTMENT RE: . 1Zoning By4aw Amendment Application A03/04 Part .Lot 14,'ConcesSion 9 2195.'Uxbridge-Pickering Townline Road' City* of Pickering . (DaVid Chester) The. Toronto and Region Conservation Authority (TRCA) has reviewed the above noted by-law amendment, .received June 30, 2004, and offers the following comments: Background The' subject property is lOcated south.of Uxbridge-Pickering'Towntine Road' and east of Sideline 14, in the City .of-Pickering, The purpose of the application is to amend the zoning of the proPerty to permit an increase in floor area for an existing home-based.business and to .permit a bed and breakfast establishment as an additional use; It is our Understanding that the aPplicant has.recently amended the application to consider relocating the home,based business within' an-.aocessory structure located on the. west portion .of the property that may 'be renovated and expanded in the future. Applicable Policies and Regulations The northwest portion'of the subject proped7 is. traversed by a tributary of the Duffins .Creek identified within the TRCA's Fill 'Line ExtenSion Program. The purpose of the Fill Line Extension Program is to identify yalley .and stream corridors that are currently not included in the ~ registered Fill Schedules listed under Ontario RegUlation 158, The proposed Fill LiCe.es are in draft form only and have not.been approved bythe Province. HoweVer, while.the TRCA has no · 'flood mapping for this area, we do regulate any alteration of these watercourses and the construction of buildings and structures within the Regional Storm FloOd Plain of these watercourses. As such, in accordance'with Ontario Regulation 158, a permit is currently required from the TRCA prior to any of the'following works taking, place: a) construct any building or structure or permit any building or structure to be constructed n or on a pond or swamp or inany area susceptible to flooding during a Regional Storm; b) straighten, change, dived or interfere in any way with the existing channel of a nver, Creek, stream or watercourse. F:\PRS\CLAU284\PUB U C\A304.wpd 5 Shoreham Drive. Downsview, Ontario M3N 154 (416) 66'1-6600 FAX 66.1-6898 www. trca.on.ca /t~'t~. REPORT # PD Ms. Carla Pierini - 2 - August 10, 2004 In addition, the property is located on the Oak Ridges Moraine, within the Natural Core Area land use designation of the Oak Ridges Moraine Conservation Plan (ORMCP). We note that there are a number of Key Natural Heritage Features (KNHF's) on the property, as identified within the ORMCP (i.e., watercourse providing fish habitat, woodlands, wetland, etc.) The TRCA has an interest in conserving, maintaining and enhancing natural heritage features and functions within the Oak Ridges.Moraine. As the current proposal does not involve.any changes to the existing development envelope, the adjacent KNHF's will not be affected by the proposed change in use. That said, if there are any future proposals to renovate, expand or~ relocate the accessory buitding on the property, there may be potential impacts on the natural features of.the property;As such, any future redevelOpment on the property should be contained within the cleared portion of the site,, on which there is no existing vegetation. The TRCA should be circulated any proposals for the-redevelopment on the site. In terms of the proposed change in use being consistent with the ORMCP, we defer to the City to determine whether or not the proposed .use is permitted within the Natural Core Area, however we note that home businesses and bed and .breakfast establishments are permitted under Section 11 (3) of the ORMCP. Recommendation In light of the above, the TRCA has no objectione to the approval of zoning by-law amendment A03/04. Please note that any future redevelopment on the property should be contained within the cleared portion of the site and future applications circulated to the TRCA for review and approval. Fees By copy of this letter., the TRCA confirms receipt of the required processing fee ($750) associated with review of the subject application. We trust 'this is of assistance. Should you have any questions please do not hesitate to contact the undersigned. Yours truly, Kireten Kontor, B.Sc., M.E.S. (PI) Plans Analyst Development Services Section Extension 5370 c.c: Anthony Van Dam (Fax: 905-884-3350) kk/cl F:\PRS\CLAU284\PUBLIC'~,304,wpd 022 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That a) b) c) d) by-laws be enacted to: amend By-law 2632/88 for the erection of stop signs within Plan 40M-1607; and assume roads and services within Plan 40M-1607 (save and except Blocks 80, 87 and 88 which are in Regional ownership and Blocks 89 and 90 which are reserves that have not been dedicated as public highway), Plan 40M- 1609 (save and except Block 25 which is in TRCA ownership, Blocks 33, 36 and 37 which are in Regional ownership and Blocks 34 and 35 which are reserves that have not been dedicated as public highway) and Plan 40M- 1616; and amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1607, 40M-1609 and 40M-1616; and authorize the release and removal of the Subdivision Agreements from title relating to Plans 40M-1607, 40M-1609 and 40M-1616. ICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: PD 41-04 Date: November 30, 2004 From: Neil Carroll Director, Planning & Development Subject: Erin Amelia Investments Ltd. Plan of Subdivision 40M-1607 Security-Benron Developments Inc. Plan of Subdivision 40M-1609 Sandbury Building (Pickering) Corporation - Plan of Subdivision 40M-1616 Final Assumption of Plans of Subdivision Recommendation: By-laws should be enacted to: amend By-law 2632~88 for the erection of stop signs within Plan 40M-1607; assume roads and services within Plan 40M-1607 (save and except Blocks 80, 87 and 88 which are in Regional ownership and Blocks 89 and 90 which are reserves that have not been dedicated as public highway), Plan 40M-1609 (save and except Block 25 which is in TRCA ownership, Blocks 33, 36 and 37 which are in Regional ownership and Blocks 34 and 35 which are reserves that have not been dedicated as public highway) and Plan 40M-1616; amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1607, 40M-1609 and 40M-1616; and authorize the release and removal of the Subdivision Agreements from title relating to Plans 40M-1607, 40M-1609 and 40M-1616. Executive Summary: The City entered into Subdivision Agreements with the above-nOted developers for the development of Plans 40M-1607, 40M-1609 and 40M-1616. As the developers have now completed all works and services within these Plans to the satisfaction of City staff, it is now appropriate to assume the M-Plans under the jurisdiction of the City and release the developers from the provisions of the respective Subdivision Agreements. Financial Implications: There are no new financial implications to the City as a result of this recommendation. O24 Report PD 41-04 Subject: Final Assumption of Plans of Subdivision 40M-1607, 40M-1609 and 40M-1616 Date: November30,2004 Page 2 Background: The City entered into Subdivision Agreements with the above-noted developers for the development of Plans 40M-1607, 40M-1609 and 40M-1616. As the developers have now completed all works and services within these Plans to the satisfaction of City staff, it is now appropriate to assume the M-Plans under the jurisdiction of the City and release the developers from the provisions of the respective Subdivision Agreements. The assumption of Plans 40M-1607, 40M-1609 and 40M-1616 and the release of the Subdivision Agreements must be acknowledged by the enactment of various By-laws relating to stop signs, assuming the roads and services within the Plans, amending By-law 1416/82 relating to Places of Amusement and authorizing the release and removal of the Subdivision Agreements from title. Accordingly, it is recommended that the following By-laws be enacted to: amend By-law 2632/88 providing for the erection of stop signs within Plan 40M-1607; assume roads and services within Plan 40M-1607 (save and except Blocks 80, 87 and 88 which are in Regional ownership and Blocks 89 and 90 which are reserves that have not been dedicated as public highway), Plan 40M-1609 (save and except Block 25 which is in TRCA ownership, Blocks 33, 36 and 37 Which are in Regional ownership and Blocks 34 and 35 which are reserves that have not been dedicated as public highway) and Plan 40M-1616; amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1607, 40M-1609 and 40M-1616; and authorize the release and removal of the Subdivision Agreements from title relating to Plans 40M~1607, 40M-1609 and 40M-1616. Attachments: 2. 3. 4. o Location Map - Plan 40M-1607 Location Map - Plan 40M-1609 Location Map - Plan 40M-1616 By-law to amend By-law 2632/88 for the erection of stop signs within Plan 40M-1607 By-law to assume roads and services within Plan 40M-1607 (save and except Blocks 80, 87 and 88 which are in Regional ownership and Blocks 89 and 90 which are reserves that have not been dedicated as public highway), Plan 40M-1609 (save and except Block 25 which is in TRCA ownership, Blocks 33, 36 and 37 which are in Regional ownership and Blocks 34 and 35 which are reserves that have not been dedicated as public highway) and Plan 40M-1616 By-law to amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1607, 40M-1609 and 40M-1616 Report PD 41-04 Subject: Final Assumption of Plans of Subdivision 40M-1607, 40M-1609 and 40M-1616 Date: November 30, 2004 Page 3 By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1607 By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1609 By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1616 Prepared By: Denise Bye,/Coordinator Property & Development Services DB:vd Attachments Copy: Chief Administrative Officer (Acting) Chief Administrative Officer Recommended. J. or-~e consideration of Picke~-~~ Thomas J,.~n~ Administrative Officer Recommendation approved: Chief Administrative Officer Director, Operations & Emergency Services Director, Planning & Development Director, Corporate Services & Treasurer Approved I Endorsed By: Di r~ctoar~°pIIl'a~~evelo p me nt City Clerk ATTACHMENT dr J 1'0 REPORT dr PD ~ I -'~__~q FINCH AVEN U E CANBOROUGH SILVERTHORN SQUARE KITLEY MALDEN HONEYWOOD City of Pickering Planning & Development Department PROPER'iY DESCRIPTION PLAN 40M-1607 OWNER VARIOUS FEB. 24, 2004 I DRAWN BY JB FILE No. SUBDIVISION COMPLETION AND ASSUMPTION DATE SCALE 1:5000 CHECKED BY DB FOR DEPARTMENT USE ONLY PN-12 PA- REPORT ~ PD ..... ~ I -'~ [~' ?, HYDF~o ~ ' ~ ~~-*-~--~ J~ ~1~ ~ ~ __ FINCH ~ AVENUE , -- I ~ ~ ~ SUBDIWSIi~I ~ ~~1 I ~ o--~ ~ EVERTON STRE~ , ' ~ ~: ~S~ ZX~lll ~ ~ ~ ~ ,~ ~~_~_~ ~ ,,, ~ ~ ~ ~ ~' ..... , , = = .... , ANTON SQUARE ~ ~ ~ ~ ~ ~ o m " P~- ~~ -~vA~ ' "o ~ ~//~o~Z ~ ~os~.D' ~&~ ' Oity of. Piokering Planning & Development Depa~ment P~OPE~ DESO~IPTION PLAN OF SUBDIVISION 40M-1609 OWNE~ VARIOUS DATE FEB. 25, 2004 D~AWN BY FILE No. SUBDIVISIOB OOBPLETION AND ASSUBPTION SOALE 1:5000 OHEOKED BY DB FO~ DEPARTMENT USE ONLY PN-12 PA- r t ATTACHMENT #.,,,, ~ TO, REPOR'I' # PD ~L/-~ I-~ Lit City of Pickering Planning & Development Depa~ment PROPER~ DESCRIPTION P~N OF SU~DIVI~IO~ 4~-161~ OWNER VARIOUS DATE NOV. 5, 2004 ~ ~RAWN BY JB ... FILE No. S~IVISlO~ OO~PLEIO~ A~D ASSU~TION SCALE 1:5000 CHECKED BY FOR DEPARTMENT USE ONLY ~N-1 PA- THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO, Being a By-law to amend By-law 2632/88 providing for the erection of stop signs. WHEREAS, Pursuant to section 27(1) of the Municipal Act, S.O. 2001, c.25 as amended, the Council of The Corporation of the City of Pickering may, by By-law, provide for the erection of stop signs at the intersections of highways under its jurisdiction. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. Stop signs shall be erected at the intersection of the highways set out in Column I, facing the traffic bound in the directions set out in Column I1. Schedule A to By-law 2632/88, thereto the following item: Column I Intersection Ridgewood Court and Lydia Crescent 40M-1607 as amended, is hereby further amended by adding Column II Facing Traffic Southbound on Lydia Crescent BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk 029 030 REPORT # PD~ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to assume the roads as public highways and the services within Plan 40M-1607 (save and except Blocks 80, 87, 88, 89 and 90), Plan 40M-1609 (save and except Blocks 25, 33, 34, 35, 36 and 37) and Plan 40M-1616, under the jurisdiction of the City of Pickering. WHEREAS above ground and underground services required for the development of the above-noted Plans have been completed to the City's satisfaction; and WHEREAS the City of Pickering has jurisdiction over the roads shown on Plans 40.M-1607, 40M-1609 and 40M-1616; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c.25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c.25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services required by the Subdivision Agreements relating hereto, or any amendments thereto, which are to be constructed or installed in the development of the above-noted Plans or which are located on lands that are dedicated to, or owned by the City, in Plan 40M-1607 (save and except Blocks 80, 87, 88, 89 and 90), Plan 40M-1609 (save and except Blocks 25, 33, 34, 35, 36 and 37) and Plan 40M-1616, or on lands lying immediately adjacent thereto are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. The underground services that are required to be constructed or installed in the development of the above-noted Plans including the storm drainage system and related appurtenances, located on lands that are dedicated to, or owned by the City, in Plan 40M-1607 (save and except Blocks 80, 87, 88, 89 and 90), Plan 40M-1609 (save and except Blocks 25, 33, 34, 35, 36 and 37) and Plan 40M-1616, or lands lying immediately adjacent thereto, are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. In sections 1 and 2, the phrase "lands that are...owned by the City" includes lands that are subject to an easement transferred to the City, but only with respect to the specific service or services referred to in the easement transfer document. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Pickering: · Ridgewood Court, Lydia Crescent and Gloucester Square, Plan 40M-1607 · Linwood Street, Parkdale Street, Cornell Court and Rosefield Road, Plan 40M-1609 · Moorelands Crescent, Plan 40M-1616 BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk ATTACHMENT #~T0 , REPORT # PD~/¥-~_ ....... THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c.25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licensing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. Schedule A to By-law 1416182, as amended, is hereby further amended by adding thereto the following: (a) (b) (c) Ridgewood Court, Lydia Crescent and Gloucester Square, Plan 40M-1607; and Linwood Street, Parkdale Street, Cornell Court and Rosefield Road, Plan 40M-1609; and Moorelands Crescent, Plan 40M-1616, all in the City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk 031 03£ ATTACHMENT#_ :~ REPORT # PD.. )~.~./ C~.t;._- THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1607, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Erin Amelia Inves~nents Ltd. entered into a Subdivision Agreement dated October 17, 1988, Notice of which was registered as Instrument No. LT458822, respecting the development of Plan 40M-1607, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated October 17, 1988, Notice of which was registered as Instrument No. LT458822 between Erin Amelia Investments Ltd. and The Corporation of the City of Pickering, respecting the development of Plan 40M-1607, Pickering. BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk ATTACHMENT ~ -~ .T~,~ ~ REPOR'I' # PD_ ~ ~.. THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law.to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1609, Picketing, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, ' The Corporation of the City of Pickering and Secudty-Benron Developments Inc. entered into a Subdivision Agreement dated September 19, 1988, Notice of which was registered as Instrument No. LT468176, respecting the development of Plan 40M-1609, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated September 19, 1988, Notice of which was registered as Instrument No. LT468176 between Secudty-Benron Developments Inc. and The Corporation of the City of Pickering, respecting the development of Plan 40M-1609, Pickering. BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk 03o O34 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1616,. Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Sandbury Building (Pickering) Corporation entered into a Subdivision Agreement dated June 20, 1989, Notice of which was registered as Instrument No. LT476605, respecting the development of Plan 40M-1616, Pickering; and WHEREAS the terms and Conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated June 20, 1989, Notice of which was registered as Instrument No. LT476605 between Sandbury Building (Pickering) Corporation and The Corporation of the City of Pickering, respecting the development of Plan 40M-1616, Picketing. BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk 035 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That by-laws be enacted to: a) dedicate those parts of Lot 171, Registrar's Compiled Plan 816, being Parts 2 and 3, 40R-12593 as public highway; and b) assume roads and services within Plan 40M-1590, Plan 40M-1599 (save and except Block 10 which is in Regional ownership and Blocks 11 and 12, which are reserves that have not been dedicated as public highway) and Plan 40M-1600 (save and except Blocks 43, 44 and 45, which are reserves that have not been dedicated as public highway); and c) amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1590, 40M-1599 and 40M-1600; and d) authorize the release and removal of the Subdivision Agreements from title relating to Plans 40M-1590, 40M-1599 and 40M-1600 and their respective amendments. 038 REPORT TO EXECUTIVE COMMITTEE Report Number: PD 43-04 Date: November 30, 2004 From: Nell Carroll Director, Planning & Development Subject: Sandbury Building Corporation Plan of Subdivision 40M-1590 Runnymede Development Corporation Limited - Plan of Subdivision 40M-1599 Garthwood Homes Limited - Plan of Subdivision 40M-1600 Final Assumption of Plans of Subdivision Recommendation: By-laws should be enacted to: dedicate those parts of Lot 171, Registrar's Compiled Plan 816, being Parts 2 and 3, 40R-12593 as public highway; assume roads and services within Plan 40M-1590, Plan 40M-1599 (save and except Block 10 which is in Regional ownership and Blocks 11 and 12, which are reserves that have not been dedicated as public highway) and Plan 40M-1600 (save and except Blocks 43, 44 and 45, which are reserves that have not been dedicated as public highway); amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1590, 40M-1599 and 40M-1600; and authorize the release and removal of the Subdivision Agreements from title relating to Plans 40M-1590, 40M-1599 and 40M-1600 and their respective amendments. Executive Summary: The City entered into Subdivision Agreements with the above-noted developers for the development of Plans 40M-1590, 40M-1599 and 40M-1600. As the developers have now completed all works and services within these Plans to the satisfaction of City staff, it is now appropriate to assume the M-Plans under the jurisdiction of the City and release the developers from the provisions of the respective Subdivision Agreements. Financial Implications: There are no new financial implications to the City as a result of this recommendation. Report PD 43-04 Subject: Final Assumption of Plans of Subdivision 40M-1590, 40M-1599 and 40M-1600 Date: November 30, 2004 Page 2 037 Background: The City entered into Subdivision Agreements with the above-noted developers for the development of Plans 40M-1590, 40M-1599 and 40M-1600. As the developers have now completed all works and services within these Plans to the satisfaction of City staff, it is now appropriate to assume the M-Plans under the jurisdiction of the City and release the developers from the provisions of the respective Subdivision Agreements. The assumption of Plans 40M-1590, 40M-1599 and 40M-1600 and the release of the Subdivision Agreements must be acknowledged by the enactment of various By-laws dedicating that part of Lot 171, Registrar's Compiled Plan 816, being Parts 2 and 3, 40R-12593 as public highway, assuming the roads and services within the Plans, amending By-law 1416/82 relating to Places of Amusement and authorizing the release and removal of the Subdivision Agreements from title. Accordingly, it is recommended that the following By-laws be enacted to: dedicate that part of Lot 171, Registrar's Compiled Plan 816, being Parts 2 and 3, 40R-12593 as public highway; assume roads and services within Plan 40M-1590, Plan 40M-1599 (save and except Block 10 which is in Regional ownership and Blocks 11 and 12, which are reserves that have not been dedicated as public highway) and Plan 40M-1600 (save and except Blocks 43, 44 and 45, which are reserves that have not been dedicated as public highway); amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1590, 40M-1599 and 40M-1600; and authorize the release and removal of the Subdivision Agreements from title relating to Plans 40M-1590, 40M-1599 and 40M-1600, and their respective amendments. Attachments: 2. 3. 4. Location Map - Plan 40M-1590 Location Map - Plan 40M-1599 Location Map - Plan 40M-1600 By-law to dedicate that part of Lot 171, Registrar's Compiled Plan 816, being Parts 2 and 3, 40R-12593 as public highway By-law to assume roads and services within Plan 40M-1590, Plan 40M-1599 (save and except Block 10 which is in Regional ownership and Blocks 11 and 12, which are reserves that have not been dedicated as public highway) and Plan 40M-1600 (save and except Blocks 43, 44 and 45, which are reserves that have not been dedicated as public highway) By-law to amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1590, 40M-1599 and 40M-1600 035 Report PD 43-04 Subject: Final Assumption of Plans of Subdivision 40M-1590, 40M-1599 and 40M-1600 Date: November30,2004 Page 3 By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1590 and its related amendment By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1599 By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1600 and its related amendments Prepared By: Denise ByeS, 'Coordinator Property & Development Services DB:vd Attachments Approved I Endorsed By: Neil Carroll, "~-/', ~PP Director, Planning & Development Copy: Chief Administrative Officer (Acting) Chief Administrative Officer Recommen½ eration of Pickerin§~ homas J. ¢ jYnn, C~z[~YAdministrative Officer Recommendation approved: Chief Administrative Officer Director, Operations & Emergency Services Director, Planning & Development Director, Corporate Services & Treasurer City Clerk ATTACHMENT REPORT # Pi) 039 FIDDLERS ROAD GATE BROOKRIDGE ROUGE HIL City of Pickering Planning & Development Department PROPERTY DESCRIPTION PLAN OF SUBDIVISION, 40M-1590 OWNER VARIOUS FILE No. SUBDIVISION COMPLETION AND ASSUMPTION DATE OCT. 1, 2004 SCALE 1:5000 DRAWN BY JB CHECKED BY DB FOR DEPARTMENT USE ONLY PN-6 PA- i" ATTACHMENT #., ¢.~ TO ( · 0 4 ~ REPORI' ~ PD_ q-.-'"5'-~(--IIL i o -- ~ :',: 0 -- .--- ': --:LL~ '-l--~'-'~ ' ' :~ _~ -- " ~ ' -- ,, ,',, , ~ CRESCENT :" ' ' z -- "' '- i ~~~~/11 IIIIII I IJ .111, ~,~--~5~ ...... ~- ~ o ~ ' ~-, ~~ 8 ~ ~~ ~ ~ ~ c.~.~ City of ~ickerin~ ~lannin~ & Dovelo~mont Do~a~ment PROPER~ DESCRiPTiON PLAN OF SUBDIVISION 40M-I599 OWNER VARIOUS ~ DATE OCT. 1, 2004 DRAWN BY JB FILE No. SUBDIVISION COMPLETION AND ASSUMPTION SCALE 1:5000 CHECKED BY DB FOR DEPARTMENT USE ONLY PN-12 PA- ATTACHMENT ~ ,~:..:..:..:..:..:.~ TO, REPORT# PD c.I, ~ -C-,,)c.,, 0 41 HYDRo OOF~/DOFR BRIDGE ~~ ' S~UARE' ~ ~ ~iCIRCLE ~ PARKDALE ~ STREET FINCH City of Pickering Planning & Development Depa~ment PROPER~ DESCRIPTION 'P~N OF SUBDIVISION, 40M-I600 OWNER VARIOUS DATE OCT, 1,2004 · DRAWN BY JB F~LE NO. SUBDIVISION COMPLETION AND ASSUMPTION SCALE 1:5~ CHECKED BY FOR D~PARTMBNT USE ONLY PN-12 PA- ATTACHMENT #~T0. REPORI' # PD~ ~~___ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to dedicate those parts of Lot 171, Registrar's Compiled Plan 816, Pickering, being Parts 2 and 3, Plan 40R-12593 as public highway. WHEREAS The Corporation of the City of Pickering is the owner of those parts of Lot 171, Registrar's Compiled Plan 816, Pickering, being Parts 2 and 3, Plan 40R-12593 and wishes to dedicate them as public highway; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Those parts of Lot 171, Registrar's Compiled Plan 816, Pickering, being Parts 2 and 3, Plan 40R-12593 are hereby dedicated as public highway (Rouge Hill Court). BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk ATTACHMENT REPORT ~' PD THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to assume the roads as public highways and the services within Plan 40M-1590, Plan 40M-1599 (save and except Blocks 10, 11 and 12) and Plan 40M-1600 (save and except Blocks 43, 44 and 45), under the jurisdiction of the City of Pickering. WHEREAS above ground and underground services required for the development of the above-noted Plans have been completed to the City's satisfaction; and WHEREAS the City of Pickering has jurisdiction over the roads shown on Plans 40M-1590, 40M-1599 and 40M-1600; and WHEREAS pursuant to the MunicipalAct, S.O. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services required by the Subdivision Agreements relating hereto, or any amendments thereto, which are to be constructed or installed in the development of the above-noted Plans or which are located on lands that are dedicated to or owned by the City within Plan 40M-1590, Plan 40M-1599 (save and except Blocks 10, 11 and 12 and Plan 40M-1600 (save and except Blocks 43, 44 and 45) or on lands lying immediately adjacent thereto are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. The underground services that are required to be constructed or installed in the development of the above-noted Plans including the storm drainage system and related appurtenances, located on lands that are dedicated to or owned by the City in Plan 40M-1590, Plan 40M-1599 (save and except Blocks 10, 11 and 12 and Plan 40M-1600 (save and except Blocks 43, 44 and 45) or lands lying immediately adjacent thereto, are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Picketing. In sections 1 and 2, the phrase "lands that are...owned by the City" includes lands that are subject to an easement transferred to the City, but only with respect to the specific service or services referred to in the easement transfer document. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Pickering: · Rouge Hill Court, Plan 40M-1590 · Glen Eden Court, Plan 40M-1599 · Ferncliff Circle, Forest Park Drive, Linwood Street and Cottonwood Circle, Plan 40M-1600 BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk 043 044 ATTACHMENT RE~OR'[ # PD~~~ THE CORPORATION OF THE CITY OF PICKERINC-; BY-LAW NO. Being a By-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416182 providing for the regulation and licensing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: (a) (b) (c) Rouge Hill Court, Plan 40M-1590; Glen Eden Court, Plan 40M-1599; and Ferncliff Circle, Forest Park Drive, Linwood Street and Cottonwood Circle, Plan 40M-1600, all in the City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement relating to Plan 40M-1590, Picketing and the Amending Subdivision Agreement relating to Blocks 12 and 13, Plan 40M-1590, Pickering, together with those parts of Lots 170 and 171, Registrar's Compiled Plan 816 Pickering, being Parts 1, 4 and 5, Plan 40R-12593, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Sandbury Building Corporation entered into a Subdivision Agreement dated September 19, 1988, Notice of which was registered as Instrument No. LT442055 and which Agreement was amended on December 20, 1993 to deal with the development of Blocks 12 and 13 within Plan 40M-1590 together with those parts of Lots 170 and 171, Registrar's Compiled Plan 816 Pickering, being Parts 1, 4 and 5, Plan 40R-12593, Notice of which was registered on January 4, 1994, as Instrument Nos. LT665558 and D425397; and WHEREAS the terms and conditions of the Subdivision Agreement and the amendment thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement 'dated September 19, 1988, Notice of which was registered as Instrument No. LT442055; and (b) the Amending Subdivision Agreement dated December 20, 1993, Notice of which was registered as Instrument Nos. LT665558 and D425397, between Sandbury Building Corporation and The Corporation of the City of Pickering, respecting the development of Plan 40M-1590, Pickering. BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk 045 TTACHMENT ##--T0 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement relating to Blocks 1 to 6, Plan 40M-1599, Picketing, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Runnymede Development Corporation Limited entered into a Subdivision Agreement dated October 17, 1988, Notice of which was registered as Instrument No. LT451371, respecting the development of Plan 40M-1599, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removall of the Subdivision Agreement dated October 17, 1988 from title, Notice of which was registered as Instrument No. LT451371 between Runnymede Development Corporation Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-1599, Pickering. BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk ATTACHMENT #~-~TO THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to authorize the release and removal from title of the Subdivision Agreement relating to Plan 40M-1600, Pickering and respective amending agreements. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Garthwood Homes Limited entered into a Subdivision Agreement dated December 19, 1988, Notice of which was registered as Instrument No. LT451385 and which Agreement was amended on Mamh 19, 1990 to reflect the development of Future Development Block 37, Notice of which 'was registered as Instrument No. LT496868; and WHEREAS on August 24, 1998 the Subdivision Agreement was further amended to reflect the development of Future Development Blocks 41 and 42, together with Part 1, 40R-17493, which was registered on September 30, 1998 as Instrument Nos. LT871110 and D523274. WHEREAS the terms and conditions of the Subdivision Agreement and the amendments thereto have been complied with to the satisfaction of the City; and NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement dated December 19, 1988, Notice of which was registered as Instrument No. LT451385; (b) the Amending Subdivision Agreement dated March 19, 1990, Notice of which was registered as Instrument No. LT496868; and the Amending Subdivision Agreement dated August 24, 1998, Notice of which was registered as Instrument Nos. LT871110 and D523274, between Garthwood Homes Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-1600, Pickering. BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk 047 oas RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY 1. That by-laws be enacted to: a) assume roads and services within Plan 40M-1602 (save and except Blocks 12 and 13 - reserves not yet dedicated) and Plan 40M-1603 (save and except Lot 1 and Block 26 - not yet developed due to no road frontage and Block 27 - reserve not yet dedicated); and b) amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1602 and 40M-1603; and c) authorize the release and removal of the Subdivision Agreements and related amending agreement from title relating to Plan 40M-1602 and Plan 40M-1603 (save and except Lot 1 and Block 26 - not yet developed). REPORT TO EXECUTIVE COMMITTEE Report Number: PD 44-04 Date: November 30, 2004 049 From: Nell Carroll Director, Planning & Development Subject: J.D.S. Investments Limited J. Israeli (Brock) Limited - Plan of Subdivision 40M-1602 Sereno Holdings Limited Plan of Subdivision 40M-1603 Final Assumption of Plans of Subdivision Recommendation: By-laws should be enacted to: assume roads and services within Plan 40M-1602 (save and except Blocks 12 and 13 - reserves not yet dedicated) and Plan 40M-1603 (save and except Lot 1 and Block 26 - not yet developed due to no road frontage and Block 27 - reserve not yet dedicated); amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1602 and 40M-1603; and authorize the release and removal of the Subdivision Agreements and related amending agreement from title relating to Plan 40M-1602 and Plan 40M-1603 (save and except Lot 1 and Block 26 - not yet developed). Executive Summary: The City entered into Subdivision Agreements with the above-noted developers for the development of Plans 40M-1602 and 40M-1603. As the developers have now completed all works and services within these Plans to the satisfaction of City staff, it is now appropriate to assume the M-Plans under the jurisdiction of the City and release the developers from the provisions of the respective Subdivision Agreements. Financial Implications: There are no new financial implications to the City as a result of this recommendation. 05O Report PD 44-04 Subject: Final Assumption of Plans of Subdivision 40M-1602 and 40M-1603 Date: November 30, 2004 Page 2 Background: The City entered into Subdivision Agreements with the above-noted developers for the development of Plans 40M-1602 and 40M-1603. As the developers have now completed all works and services within these Plans to the satisfaction of City staff, it is now appropriate to assume the M-Plans under the jurisdiction of the City and release the developers from the provisions of the respective Subdivision Agreements. The assumption of Plans 40M-1602 and 40M-1603 and the release of the Subdivision Agreements must be acknowledged by the enactment of various By-laws assuming the roads and services within the Plans, amending By-law 1416/82 relating to Places of Amusement and authorizing the release and removal of the Subdivision Agreements and related amending agreement from title. Accordingly, it is recommended that the following By-laws be enacted to: assume roads and services within Plan 40M-1602 (save and except Blocks 12 and 13 - reserves not yet dedicated) and Plan 40M-1603 (save and except Lot 1 and Block 26 - not yet developed due to no road frontage and Block 27 - reserve not yet dedicated); amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1602 and 40M-1603; and authorize the release and removal of the Subdivision Agreements and related amending agreement from title relating to Plan 40M~1602 and Plan 40M-1603 (save and except Lot 1 and Block 26 - not yet developed). Attachments: Location Map - Plan 40M-1602 Location Map - Plan 40M-1603 By-law to assume roads and services within Plan 40M-1602 (save and except Blocks 12 and 13 - reserves not yet dedicated) and Plan 40M-1603 (save and except Lot 1 and Block 26 - not yet developed due to no road frontage and Block 27 - reserve not yet dedicated) By-law to amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1602 and 40M-1603 By-law to authorize the release and removal of the Subdivision Agreement and relating amending agreement from title relating to Plan 40M-1602 By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1603 (save and except Lot 1 and Block 26 - not yet developed) Report PD 44-04 Subject: Final Assumption of Plans of Subdivision 40M-1602 and 40M-1603 Date: November 30, 2004 Page 3 Prepared By: Denise Bye, Coordinat6r Property & Development Services Approved / Endorsed By: I~cCt~[~Opl~j~& ~evel~pment DB:vd Attachments Copy: Chief Administrative Officer (Acting) Chief Administrative Officer Recommen ~ th~/consideration of Pickeri~~ ~. ~ _.Thomas J~ j,~n, Chi"ef'Administrative Officer Recommendation approved: Chief Administrative Officer Director, Operations & Emergency Services Director, Planning & Development Director, Corporate Services & Treasurer City Clerk 05£ ATTACHMENT d,,, J TO. CRESCENT FINCH AVENUE SUBJECT SUBDIVISION COURT ROAD DRIVE DRIVE City of Pickering Planning & Development Department PROPERTY DESCRIPTION PLAN OF SUBDIVISION 40M-1602 OWNER VARIOUS DATE FILE No. SUBDIVISION COMPLETION AND ASSUMPTION SCALE NOV. 11, 2004 DRAWN BY JB 1:5000 CHECKED BY DB FOR DEPARTMENT USE ONLY PN-9 PA- FINCH AVENUE--F::::~''~ City of Pickering Planning & Development Department PROPERTY DESCRIPTION PLAN OF SUBDIVISION 40M-1603 OWNER VARIOUS DATE NOV 11,2004 DRAWN BY JB "~/~ FILE No. SUBDIVISION COMPLETION AND ASSUMPTION SCALE 1:5000 CHECKED BY DB FOR DEPARTMENT USE ONLY PN-9 PA- ATTACHMENT # REPOR'I' # PD~ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to assume the roads as public highways and the services within Plan 40M-1602 (save and except Blocks 12 and 13) and Plan 40M-1603 (save and except Lot 1 and Blocks 26 and 27), under the jurisdiction of the City of Pickering. WHEREAS above ground and underground services required for the development of the above-noted Plans have been completed to the City's satisfaction; and WHEREAS the City of Pickering has jurisdiction over the roads shown o~n Plans 40M-1602, and 40M-1603; and WHEREAS pursuant to the MunicipalAct, S.O. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services required by the Subdivision Agreements relating hereto, or any amendments thereto, which are to be constructed or installed in the development of the above-noted Plans or which are located on lands that are dedicated to or owned by the City within Plan 40M-1602 (save and except Block 12 and Part of Block 13) and 40M-1603 (save and except Lot 1 and Blocks 26 and 27), or on lands lying immediately adjacent thereto are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering The underground services that are required to be constructed .or installed in the development of the above-noted Plans including the storm drainage system and related appurtenances, located on lands that are dedicated to or owned by the City in Plan 40M-1602 (save and except Blocks 12 and 13) and 40M-1603 (save and except Lot 1 and Blocks 26 and 27), or lands lying immediately adjacent thereto, are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. In sections 1 and 2, the phrase "lands that are...owned by the City" includes lands that are subject to an easement transferred to the City, but only with respect to the specific service or services referred to in the easement transfer document. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Pickering: · Bainbridge Ddve, Plan 40M-1602 · Burnside Drive, Plan 40M-1603 BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk ATTACHMENT #~T0 REPOR7 # PD~~,. THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend By-law 1416182 providing for the regulation and licensing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licensing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416182, as amended, is hereby further amended by adding thereto the following: (a) Bainbridge Drive, Plan40M-1602; and (b) Burnside Drive, Plan 40M-1603, all in the City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk 0 5',5 056 ATTACHMENT# ~ TO ~ REPOR'I' # PD THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement and related amending agreement respecting Plan 40M-1602, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering, J.D.S. Investments Limited and J. Israeli (Brock) Limited entered into a Subdivision Agreement dated October 17, 1988, Notice of which was registered as Instrument No. LT457814, and which Agreement was amended on November 20, 1989, Notice of which was registered on January 18, 1990 as Instrurnent No. LT487449, respecting the development of Plan 40M-1602, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement arid the amendment thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal from title of.' (a) the Subdivision Agreement dated October 17, 1988, Notice of which was registered as Instrument No. LT457814; and (b) the amending Subdivision Agreement dated November 20, 1989, Notice of which was registered as Instrument No. LT487449, between J.D.S. Investments Limited, J. Israeli (Brock) Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-1602; Pickering. BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk R£POR;r ~ PD... THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1603, Picketing (save and except Lot 1 and Block 26), from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Picketing and Sereno Holdings Limited entered into a Subdivision Agreement dated February 7, 1989, Notice of which was registered as Instrument No. LT453130, respecting the development of Plan 40M-1603, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated February 7, 1989, Notice of which was registered as Instrument No. LT453130 between Sereno Holdings Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-1603, Picketing (save and except Lot 1 and Block 26). BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk 053 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report CS 49-04 of the Director, Corporate Services & Treasurer, be received; and That the temporary borrowing limit to meet 2005 current expenditures pending receipt of taxes and other revenues be established at $25,000,000 for the period January 1, 2005 to September 30, 2005 inclusive, and $12,500,000 thereafter until December 31, 2005; and That the temporary borrowing limit for capital purposes for 2005 be established at $15,000,000; and That the attached By-law be read three times and passed; and That the appropriate officials of the City of Picketing be authorized to take the necessary actions to give effect thereto. PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: CS 49-04 Date: NOvember 9, 2004 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2005 Temporary Borrowing By-law Recommendation: 1. That Report CS 49-04 from the Director, Corporate Services & Treasurer be received; and that: the temporary borrowing limit to meet 2005 current expenditures pending receipt of taxes and other revenues be established at $25,000,000 for the period January 1, 2005 to September 30, 2005 inclusive, and $12,500,000 thereafter until December 31,2005; the temporary borrowing limit for capital purposes for 2005 be established at $15,000,000; the attached By-law be read three times and passed; and, the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. Executive Summary: Not applicable Financial Implications: At this time it is difficult to estimate the interest costs as it is uncertain how much temporary financing may be required and for how long. An estimate will be provided at a later date in the 2005 Current Budget. With internal borrowings being undertaken to the maximum advisable, we will be resorting to external borrowing from the Region in 2005 for approved expenditures. For Current purposes, the $24 million limit for 2004 has been increased to $25 million for 2005 and the $12 million has been increased to $12.5 million. The limit for Capital purposes has been increased from $13 million for 2004 to $15 million for 200!5. This may have to be adjusted once 2005 Capital budget has been approved. 060 Report CS 49-04 Subject: 2005 Temporary Borrowing By-law D at e: November 9, 2004 Page 2 Background: The borrowing of funds for current and capital purposes may become necessary during the normal course of operations during 2005. Under the provisions of Section 407 of the Municipal Act, 2001, (the Act), the Council of the City of Pickering may pass a by-law to provide for the temporary borrowing of funds to meet current operating expenditures pending receipt of taxes and other revenues of the City. Under the Act, the Corporation may also undertake temporary borrowings, under individual project approvals, for capital projects pending permanent financing, including the issuance of debentures by the Region. Current Budqet Financinq: The amount of such temporary borrowing outstanding at any one time is generally limited by the Act, unless otherwise approved by the Ontario Municipal Board, to 50 per cent of the estimated annual revenues from January 1 to September 30 and to 25 per cent thereafter. Until the current year's estimates are adopted, the limitation may be calculated upon the revenues set forth in the estimates adopted for the next preceding year. Based upon the 2004 estimates of the Corporation, the allowable level of temporary borrowing outstanding under legislation is estimated at $25,000,000 from January 1 to September 30 and $12,500,000 thereafter. The requested $25,000,000 should be sufficient to meet the current expenditures of the City until the levies for 2005 are received. It is hoped that this amount will provide a sufficient level of temporary borrowings taking into account the potential effects of Taxation Legislation and its impact on cash.flows. Capital Budqet Financinq: Borrowing for capital purposes under the Act can only be undertaken on projects approved by Council and will only be undertaken in the event that sufficient funds are not available at the time they are required. Recommendation 3 provides the authority for the Treasurer to obtain additional temporary interim financing (internal or external) for capital projects approved by Council. The $15 million capital borrowing limit would provide sufficient funds to cover the estimated 2005 capital expenditures. Attachments: 1. 2005 Temporary Borrowing By-law Report CS 49-04 Subject: 2005 Temporary Borrowing By-law Date: November 9, 2004 Page 3 06_ . Prepared By: Caryn Kong Senior Financial Analyst Approved / Endorsed By: -~illis A. Paterson Director, Corporate Services & Treasurer :ck Attachment Copy: Chief Administrative Officer Recommended/f~r th(~ideration of Pickering C~ Thomas d. :[/Administrative Officer 062 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to authorize the temporary borrowing of moneys to meet the current and capital expenditures of the City of Pickering for the year 2005. WHEREAS Section 407(1) of the Municipal Act, 2001, provides that the Council of the City of Pickering may by by-law authorize the Mayor and Treasurer of the Municipality to borrow from time to time by way of promissory note such sums as the Council may deem necessary to meet, until the taxes for the current year are collected and other revenues are received, the current expenditures of the Municipality for the year, including the amounts required for principal and interest falling due within the year upon any debt of the Municipality, and the sums required by-law to be provided by the Council for any local board of the Municipality; and, WHEREAS Section 407(2) limits the total of such borrowings to not exceed 50 per cent of the estimated annual revenues from January 1, 2005 to September 30, 2005 and 25 per cent thereafter; and, WHEREAS it is deemed necessary by the said Council to borrow the sum of twenty five million dollars ($25,000,000) to meet, until the taxes for the current year are received, the current expenditures of the Municipality for the year 2005, including the amounts and sums aforesaid; and, WHEREAS the said sum of twenty five million dollars ($25,000,000) plus any similar borrowings that have not been repaid, is less than 50 per cent of the total amount of the estimated revenues of the Municipality from January 1 to September 30 as set forth in the estimates adopted by the said Council for the year 2004 exclusive of revenues derivable from the sale of assets, borrowings or issues of debentures or from a surplus including arrears of levies and $12,500,000 is less than 25 per cent thereafter; and, WHEREAS the Municipal Act provides that if a municipality has by by-law approved an undertaking to be financed in whole or in part by incurring long-term debt, the council may by by-law authorize temporary borrowing to meet expenditures made in connection with the undertaking; and, WHEREAS it is deemed necessary by the said Council to borrow the sum of fifteen million dollars ($15,000,000) to meet the capital expenditures approved by Counci!. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Treasurer of the City of Pickering are hereby authorized to borrow from time to time by way of promissory notes a sum or sums not exceeding twenty five million dollars ($25,000,000) to meet, until the levies for the year 2005 are received, the current expenditures of the Municipality for such year, including the amounts required for principal and interest falling due within the year upon any debt of the Municipality for the period January 1, 2005 to September 30, 2005 inclusive and $12,500,000 thereafter until December 31, 2005. The Mayor and Treasurer of the City of Pickering are hereby authorized to borrow from time to time by way of promissory notes a sum or sums not exceeding in all the sum of fifteen million dollars ($15,000;000) to meet the capital expenditures as approved by Council, of the Municipality including the amounts required for principal and interest. o 063 Any promissory notes made under the authority of this By-law shall be sealed and signed in accordance with the provisions of the Municipal Act and may be countersigned in writing by the Manager, Accounting Services of the Corporation .in accordance with the provisions of the said Act, 4. This By-law shall come into effect on the first day of January 2005. BY-LAW read a first, second and third time and finally passed this 20 day of December, 2004, David Ryan, Mayor Bruce Taylor, Clerk 06, RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report CS 52-04 of the Director, Corporate Services & Treasurer concerning Compliance with Procurement Requirements of Section 271, Municipal Act, 2001, S.O. 2001, Chapter 25 (The Act), be received for information. PICKERING REPORT TO t)65 EXECUTIVE COMMITTEE Report Number: CS 52-04 Date: November 26, 2004 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Compliance with Procurement Requirements of Section 271, Municipal Act, 2001, S.C. 2001, Chapter 25 (The Act) Recommendation: It is recommended that report CS 52-04 of the Director, Corporate Services & Treasurer be received for information. Executive Summary: Under the Municipal Act, 2001, municipalities are required to have policies in place governing the acquisition of goods and services. Council adopted its current Purchasing By-law on Policy and Procedures on November 1, 2001 governing the acquisition of goods and services. The Purchasing Policy & Procedures in place meets the requirements of the new Municipal Act. Financial Implications: Not applicable Background: In December 2001, the new Municipal Act (Municipal Act, 2001, S.C. 2001, Chapter 25), hereinafter referred to as the "Act" was passed by the Ontario Legislature. As part of this requirement, before January 2005, municipalities and local boards must develop policies - adopted by bylaw or in the case of local boards by resolutions - that will be used for procuring goods and services. On November 1,2001, Council approved a Purchasing By-law and the Policy & Procedures for procuring goods and services. The APTA Purchasing Policy & Procedure was developed from the City's Purchasing Policy & Procedure to include some variances best suited to APTA's operational requirements. In May 2002, the APTA Board approved the APTA Purchasing Policy & Procedure, Report #APTA 08-02. The Purchasing Policy being prepared by the Pickering Public Library for the Board's approval is based upon the policy adopted by the Council of the City of Pickering on November 2, 2001 as described above, with necessary modifications. For example, the Corporate Structure of the Library differs from that in the City. In particular, there is neither a named position of Manager, Supply & Services nor that of Director, Corporate Services & Treasurer. These authorities rest with the Chief Executive Officer. Furthermore, the Board has delegated all authority for purchases, contracts, tenders 06G Report CS 52-04 Compliance with Procurement Requirements of Section 271, Mun/cipa/Act, 2001, S.O. 2001, Chapter 25 (The Act) Date: November 26, 2004 Page 2 etc. to the CEO who exercises this authority in conjunction with the City Treasurers when appropriate. Therefore, certain sections or descriptions in the City's policy are not applicable to the Library. However, generally the purchasing limits, definitions, policies and procedures described in the City's policy have been in use by Library staff for many years. However, all purchasing limits, definitions, policies and procedures described in the City's policy had been adopted by the Library Board and have been in use by Library staff for many years. Procurement Requirements Required Under Section 271 of the Municipal Act, 2001 271. (1) Before January 1, 2005 a municipaftty and a local board shaft adopt policies with respect to its procurement of goods and services, including policies with respect to: The municipality adopted a purchasing policy on March 20, 1989 by Resolution #35/89 and a purchasing guideline was developed in 1995 implemented into business practise. In essence, the municipality has had practises and procedures in place for many years with respect to its procurement of goods and services. On November 5, 2001, Council repealed Resolution #35/89 and any other by-laws or resolutions governing the subject matter and approved the recommendation of Report CS 35-01 adopting a policy with respect to its procurement of goods and services. Purchasing Bylaw No. 5900/01 establishing policies governing the purchase and disposal of goods and services for the City was approved by Council Resolution #136/01 and amendment approved by Council Resolution #25/03, Item 3. (a) the types of procurement processes that shaft be used The types of procurement processes that shall be used are identified in Policy Items 04, 05, 06, 07, 11, generally referred to as authorities and dollar limits when types of processes take place such as tenders, quotations, informal pricing, negotiation, emergency purchase, co-operative purchasing and exemptions. Types of procurement processes are further identified in Procedure No. PUR 010-001, Items 05, 06, 08, 09, 10, 11, 12, 14. Generally the sections refer to requisitioning goods and services, where Iow dollar value procurement tools (e.g. procurement card, credit card) can be used, where types of requisitions, purchase orders and blanket purchase orders can be utilized to acquire goods and/or services and where a systems contract (e.g. stationery supplies) can be utilized. Furthermore, types of procurement processes noted in the purchasing procedures include methods known as expression of interest, request for quotation, tenders and proposals. Emergency purchases and co-operative purchasing are detailed further within the procedures. Report CS 52-04 Compliance with Procurement Requirements of Section 271, MunicipalAct, 2001, S.O. 2001, Chapter 25 (The Act) Date: November 26, 2004 Page 3 (b) the goals to be achieved by using each type of procurement process The goals to be achieved by using each type of procurement process are identified in Policy Item 04, authorities and dollar limits. For example, employees may be delegated authority to purchase goods and services up to a specified dollar value and the objectives of this policy in any competitive or direct purchase are to be met. Informal pricing may be obtained for a specified dollar value and the award be approved upon such terms and conditions deemed beneficial to the City, on the understanding the objectives of this policy in any competitive or direct purchase are met. Formal quotations for a specified dollar value where the compliant quotation meeting specifications and offering best value is acceptable, which includes approving an award, upon such terms and conditions deemed beneficial to the City on the understanding that the objectives of this policy in any competitive or direct purchase are met. The dollar value for tendering and acceptance of a tender are to be in keeping with policy directives as well. The goals identified in Policy Items 05 negotiation, 06 emergency purchase, 07 co- operative purchasing, 11 exemptions include goal directives such as most cost-effective or beneficial; lowest obtainable prices given the emergent nature of the situation; economic advantages and where the best interests of the City would be served in so doing. The goals to be achieved by using each type of procurement process are identified in Policy Items 03.02, 03.03, 03.04, 03.06 and 03.07 within the purchasing principles. General examples of directives include arrange for procurement in an efficient and cost effective manner; ensure the greatest value is obtained; encouraging where practical standardization and open and competitive bidding. Furthermore, to promote acceptance of bids based on total acquisition and life cycle cost rather than lowest bid received; assist in the comparison and assessment of alternative service delivery options and encourage wherever applicable, specifications that are environmentally responsible and friendly. (c) the circumstances under which each type of procurement process shall be uSed The circumstances under which each type of procurement process shall be used are identified in Policy Item 04, authorities and dollar limits where the dollar value identifies the circumstance to which a procurement process will apply such as direct purchase without a purchase order, informal pricing, formal quotations, calling for tenders. Circumstances determining process are also identified within Procedure No. PUR 010- 001, Items 05 requisitioning goods and services, 06 purchase orders, Iow value purchase arrangements i.e. purchasing cards, credit cards and other forms of contract agreements, limited purchase order forms, blanket order forms, 08 expression of interest, 09 request for quotations, 10 request for tenders, 11 request for proposals, 12 emergency purchases over $1,000, and 14 co-operative purchasing, each identifying the circumstance under which the types of procurement processes shall be used. Report CS 52-04 Compliance with Procurement Requirements of Section 271, Municipal Act, 2001, S.C. 2001, Chapter 25 (The Act) Date: November 26, 2004 Page 4 (d) the circumstances under which a tendering process is not required The circumstances under which a tendering process is not required is identified in Policy Items 05 negotiation, generally stated as when an event could not be foreseen occurs that is a threat to public health, service, welfare or public property and requires immediate delivery of supplies, or performance of services; when competition is precluded because of the existence of sole source, patent rights or similar circumstances; when no responsive bid has been received or the lowest bid exceeds the estimated cost. The circumstance under which a tendering process is not required is identified in Policy Item 06 and Procedure No. PUR 010-001 Item 12 emergency purchase, generally a situation where the immediate purchase is essential to prevent serious delays and further damage, restore minimum service, given the emergent nature of the situation. the circumstances under which in-house bids will be encouraged as part of a tendering process Work, which can be performed in-house, is reviewed by the City and where it can be, is performed in-house. Inviting bids is not considered until work is deemed to be that which cannot be performed in-house. Therefore, in-house bids are not part of the City's tendering process. how the integrity of each procurement process will be maintained and how the interests of the municipality or local board, as the case may be, the public and persons participating in a procurement process will be protected The integrity of each procurement process will be maintained, and the interests of the municipality, the public and persons participating in a procurement process will be protected by policy statement Policy Item 02. The policy statement identifies responsibilities of Council, Chief Administrative Officer, Department and DiviSion Heads, Director, Corporate Services & Treasurer and Manager, Supply and Services to actively support the purchasing policy and as assigned, to recommend or approve amendments to the purchasing policy, prepare and maintain administrative procedures required to implement the provisions of the policy therein aiming to protect the integrity and the interests of the municipality, public and persons participating in the procurement process. Mitigating risks associated to fairness, effectiveness, objectivity, openness and transparency can maintain integrity in a process and protect the interests of the municipality, the public and persons participating in a procurement process. Mitigating such risks are provided within Policy Item 03.03 purchasing principles, Manager, Supply & Services, exercising professional purchasing practices, free from influence and interference, encourage where practical, standardization and open and competitive bidding. Item 05 negotiation, identifying the perimeters of the process and permission to do so. Item 09 prohibitions, generally stating no member of the City Council, or officer of the City will become interested directly or indirectly as a contracting party or in Report CS 52-04 Compliance with Procurement Requirements of Section 271, Municipal Act, 2001, S.C. 2001, Chapter 25 (The Act) Date: November 26, 2004 Page 5 069 the performance of the contractor or in the supplies, goods or business, the City shall make no personal purchase for any employee, member of City Council and no requirement shall be divided to avoid the requirements of the policy. Item 10 code of purchasing ethics, shall apply to all staff involved in the procurement process; Item 11 exemptions, permitting operating outside of policy directive within a controlled manner, and Item 12 administrative procedures, all of which reinforce the requirement to maintain integrity and protect the interest of the municipality, public and persons participating in the procurement process. Furthermore, interdepartmental procedures outlined throughout Procedure No. PUR 010-001 provides additional guidance and directives towards mitigating such risks. Generally, Items 10 tenders, identifies evaluating bids, opening committee, tendering irregularities, advertising methods to notify prospective bidders; bonding requirements to mitigate performance and financial risks; 15 vendor performance to ensure compliance to contract terms and to provide some basis for resolving disputes; 11 use of an evaluation committee during an RFP process to maintain objectivity are some examples. Risks can arise where perceived unfairness in a procurement process exists. For example, suppliers, consultants or persons who provide design services or specifications or retained in preparing the work to be tendered, quoted upon or to invite proposals, may have inside or privileged information revealed during the preparation phase. Such a supplier, consultant or person also bidding for the work can have an advantage over other bidders in what should be a competitive bidding process, creating an unfair playing field among the bidders and risks to the municipality can occur. how and when the procurement processes will be reviewed to evaluate their effectiveness The processes are reviewed and evaluated for effectiveness in response to concerns of internal clients, suppliers, public, external auditors, departmental issues and changes, as well as comparing against other similar organizations. Concerns are discussed internally and to bring clarity and resolution to the issue measures are implemented by directive, operating procedure or as otherwise required, as soon as practicable. At least once annually, the Director, Corporate Services & Treasurer and the Manager, Supply & Services review the policy and procedures. Further discussion may be held with appropriate City staff and any recommendations for change are reviewed with the Chief Administrative Officer before forwarding to Council for approval. 070 Report CS 52-04 Compliance with Procurement Requirements of Section 271, Municipal Act, 2001, S.O. 2001, Chapter 25 (The Act) Date: November 26, 2004 Page 6 Attachments: Not applicable Prepay: Vera ,~. Felge~acher Manager, Supply & Services Approved / Endorsed By: Gillis A. Paterson Director, Corporate Services & Treasurer Copy: Chief Administrative Officer / Recommended for the coCsideration of Pickering City C~t~ Thomas J. Ot~:~,l~hie[)~dministrative Officer %., 071 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report CS 56-04 of the Director, Corporate Services & Treasurer concerning Establishment of the Dedicated Gas Tax Reserve Fund, be received; and That Council authorize and approve the establishment of the Dedicated Gas Tax Reserve Fund; and That Council endorse the use of the 2004 gas tax funds to offset Pickering's share of the costs for funding the Ajax Pickering Transit Authority; and That the attached by-law be read three times and passed; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. 072 REPORT TO EXECUTIVE COMMITTEE Report Number: CS 56-04 Date: November 26, 2004 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Establishment of the Dedicated Gas Tax Reserve Fund Recommendation: It is recommended that Report CS 56-04 from the Director, Corporate Services & Treasurer be received and that: Council authorize and approve the establishment of the Dedicated Gas Tax Reserve Fund; Council endorse the use of the 2004 gas tax funds to offset Pickering's share of the costs for funding the Ajax Pickering Transit Authority; 3. the attached By-law be read three times and passed; and, the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto, Executive Summary: reserve account for guidelines. the Council's formal approval is required to set up a separate receipt of Provincial gas tax revenues as per Ministry Financial Implications: Not applicable Background: Council report CS 54-04 outlined the new Provincial Gas Tax Revenue program. Under this program, the Provincial Government will provide one cent a litre of provincial gas tax funding for public transit. This Will increase to 1.5 cents in 2005 and two cents in 2006. Ajax and Pickering's share for the 12 month period (October 1, 2004 to September 30, 2005) is estimated to be $1,176,793. The first payment of $294,198 is for the period October 1 to December 31, 2004. These funds ($294,198) will be allocated between Pickering (55%) and Ajax (45%). As per the Provincial guideline, the 2004 gas tax funds can be used to fund transit costs. Recommendation 2 will provide the Treasurer the authority to applY the gas tax funds to offset Pickering's cost of funding APTA. Report CS 56-04 Subject: Establishment of the Dedicated Gas Tax Fund Date: November 26, 2004 Page 2 Under the Provincial guidelines, issued for this program, the City is required to establish a dedicated "gas tax fund". Funds received from the Province must be deposited into this account including any interest earned. Funds deposited into this account must be used only towards eligible public transportation expenditures. Ajax is taking similar actions and setting up a Reserve Fund. Attachments: 1. Dedicated Gas Tax Reserve Fund By-law 2. Ministry of Transportation "Dedicated Gas Tax Funds For Public Transportation Program - 2004 Guidelines and Requirements". Prepared By: Approved / Endorsed By: ~;tan Karwowski Manager, Finance & Taxation '-GTiiis A. Paterson Director, Corporate Services & Treasurer GAP:vw Attachments Copy: Chief Administrative Officer Reco m mendecl_fo~r~ ~}~sl~eratio n of Pickering Ci~~ Thomas J. Quinn,~ef A'd~34fqistrative Officer '074 THE CORPORATION OF THE ciTY OF PICKERING BY-LAW NO. /04 Being a By-law to provide for the establishment of a Reserve Fund to be known as the Dedicated Gasr Tax Reserve Fund. WHEREAS under the Municipal Act, S.O., 2001 as amended, Section 417(1), the Council of the City of Pickering may establish and maintain a reserve fund for any purpose for which it has authority to expend funds. WHEREAS the City Of Picl(eriqg passed BY-law 5873/01 to execute the transit system merger agreement between the Corporation of the Town of Ajax and the Corporation of the City of Pickering that established the Ajax Pickering Transit Authority. WHEREAS the Council of the city of Pickering approved CounCil Report CS 54- 04 endorsing the City's participation in the Provincial Gas Tax Funds for Public TransPortation Program. WHEREAS it is desirable for the City of Pickering to establish such a reserve fund for the purpose of receiving funding from the Province for the paying of transit related expenses in 2004 and beginning in 2005 to pay for those. expenses (capital and current) that are intended to increase ridership. NOW THEREFORE THE COUNCIL OF THE CoRpORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The establishment of a reserve fund known as the Pickering Gas Tax Reserve Fund is hereby authorized. The Dedicated Gas Tax Reserve Fund shall consist of such moneys paid by the Province for the specific purpose in 2004 for transit related expenses and beginning in 2005 for those expenditures (current and capital) that are intended to increase ridership together With investments made and earnings derived there from. 3. -This By-law shall come into force on the date of its enactment. BY-LAW read a first, second and third time and finally passed the 20th day of December, 2004. Dave Ryan ,Mayor 'Bruce Taylor, Clerk ATTACHHENT #~?0 I~POP, T #~£ ~.-~ ~ ~.- ~ ~ .075 Ontario Ministry of Transportation Dedicated Gas Tax Funds For Public Transportation Program 2004 Guidelines and Requirements Issued October 2004 MTO/Urban & Rural Infrastructure Policy Branch 07 3 TABLE OF CONTENTS ,, 2. 3. 4. 5. 6. 7. 8. o 10. 11. 12. DEDICATED GAS TAX FUNDS FOR PUBLIC TRANSPORTATION PROGRAM DEFINITIONS INTRODUCTION ALLOCATION METHODOLOGY AND PROCESS ELIGIBILITY REQUIREMENTS ,ACCOUNTABILITY AND REPORTING REQUIREMENTS COMMUNICATIONS PAYMENT OF FUNDS ADJUSTMENT, WITHHOLDING AND REPAYMENT OF GAS TAX F. UNDING RECORDS AND AUDIT LIABILITIES AND INDEMNITIES WHERE TO REQUEST OR PROVIDE INFORMATION APPENDIX A 1. Reporting Forms 3 4 4 5 8 8 8 9 10 10 11 12 13 2 077 DEDICATED GAS TAX FUNDS FOR PUBLIC TRANSPORTATION PROGRAM 2004 GUIDELINES & REQUIREMENTS · 1. DEFINITIONS When used in these guidelines and requirements, the words set out below that import the singular include the plural and vice versa: "Asset Management Plan" means a long range plan developed by the municipality or transit operator to manage the capital assets used in providing its public transportation services. "dedicated gas tax funds" means the funds provided by the Ministry strictly towards eligible expenditures, in the opinion of the Minister, directly related to the provision of public transportation services. "dedicated gas tax funds reserve account" means an interest bearing account set up by a municipality to keep dedicated gas tax funds separate and apart from either municipal or any other funds, or both, for use strictly towards public transportation related eligible expenditures. "GTA Fare System" means the public transportation fare collection system between GTA municipalities to support more seamless use by public transportation customers and the collection of public transportation fares. "GTA Transportation Strategy" means a Greater Toronto Transportation Strategy developed by the province in consultation with GTA stakeholders for a blueprint for an innovative and integrated transportation system. "guidelines and requirements" means these guidelines and requirements entitled "Dedicated Gas Tax Funds for Public Transportation Program - 2004 Guidelines and Requirements", including Appendix A to these guidelines and requirements. "host municipality" means a host municipality as defined in Section 7. "Ministry" and "Minister" respectively means the Ministry of Transportation who is responsible for the administration of the Dedicated Gas Tax Funds for Public Transportation Program and the Minister responsible for the Ministry. "municipal own account spending on public transportation" means the funds a municipality contributes towards public transportation expenditures. These amounts include municipal contributions towards operating costs, passenger fare revenue, total public transportation capital costs, and local public donations. 3 073 "program" means the Dedicated Gas Tax Funds for Public Transportation Program set up by the Ministry to provide municipalities with dedicated gas tax funds subject to and in accord~ance with these guidelines and requirements. "public transportation" means any service for whiCh a fare is charged for transporting the public by vehicles operated by or on behalf.of a municipality or local board as defined in the MunicipalAffairs Act, or under an agreement between a municipality and a person, firm or corporation and includes special transportation facilities for the physically disabled, but does not include transportation by special purpose facilities such as school buses or ambulances. "Ridership Growth Plan" means a plan developed by the municipality to increase public transportation' ridership that include target markets (e.g. Colleges/Universities) and other municipal policies (e.g. land use and parking policies) that support public transportation ridership growth. 2. INTRODUCTION The province has a vision for a stronger Ontario built around strong communities, a vibrant economy and healthier, more liveable cities with increased access to public transportation, reduced commute times and cleaner air for all Ontarians. By providing a portion of the gas tax for public transportation, the province will assist municipalities become more self-sustaining in that regard. As of October 2004, the funds provided will be 1 cent/iitre. That amount will increase to 1.5 cents/litre in October 2005 and 2 cents/litre in October 2006. When fully implemented, the program will generate about $312 million per year for public transportation, which will be subject to change based on annual sales of gasoline. The program is an important element of the ongoing relationship between the .province and Ontario municipalities. Municipalities receiving dedicated gas tax funds must meet the requirements set out in these guidelines and requirements. 3. ALLOCATION METHODOLOGY AND PROCESS Based on the consultation with municipalities, public transportation operators and stakeholders, the province recognizes the varying needs of public transportation within Ontario municipalities including those related to large established public transportation systems and communities with different growth rates and levels of public transportation service. Consistent with the above, an allocation formula based on a combination of ridership and population has been established by the province. This formula balances the needs of large established public transportation systems, the growth needs of rapidly growing municipalities, and the needs of smaller municipalities that provide public transportation services. 073 The province is implementing an allocation based on 70% transit ridership and 30% municipal population. This means that when fully implemented 70% of about $312 million (about $218 million) will be distributed to municipalities on the basis of their public transportation ridershilS' levels. Thirty percent (30%) of about $312 million (about $94 million) will be distributed on the basis of population levels. Public transportation ridership will include the totals of both conventional and specialized public transportation services. 2003 ridership numbers have been used in this initial calculation from the 2003 Ontario Urban T. ransit Fact Book, which is collected and produced annually by the Canadian Urban Transit Association (CUTA) on behalf of the ministry. Where 2003 CUTA ridership data was not available, data has been directly provided to the ministry by the municipality. Population data for 2003 has been provided by the Ministry of Finance based on estimates derived from 2001 Statistics Canada figures. Both ridership and population figures will be Updated and revised annually for use in the calculation of dedicated gas tax funds. Dedicated gas tax funds provided to each municipality in 2004/2005 are not to exceed 75% of "municipal own account spending on public transportation" based on 2003 municipal public transportation spending data as provided in the CUTA fact book. Any amounts of moneys dedicated for but that remain undistributed through the program shall be re-allocated by the province in support of increasing public transportation ridership. The Minister will advise each municipality, on an annual basis, as to the amount of dedicated gas tax funds it is eligible to receive. The Minister, will send a letter of agreement to be signed by the head of municipal council and chief financial officer of the municipality to each municipality that provides public transportation services. The letter of agreement will set out the terms and obligations, upon which the dedicated gas tax funds will be released to the municipality and by which the municipality will have to agree to be bound. The province will undertake an annual review of the dedicated gas tax allocation methodology and eligibility requirements to ensure these funds support the desired outcome of increased public transportation ridership. Municipal public transportation spending will also be reviewed on an annual basis to determine if the limits of the dedicated gas tax funds need to be applied where the gas tax allocation may exceed 75% of "municipal own account spending on public transportation" 4. GENERAL ELIGIBILITY REQUIREMENTS The purpose for providing 'dedicated gas tax funds to Ontario municipalities are to ensure that local public transportation services continue and increase overall ridership through the expansion of public transportation capital infrastructure and levels of service. To be eligible to receive dedicated gas tax funds a municipality must contribute financially towards their public transportation service. 5 080 Beginning in 2005, only municipalities that have submitted their 2004 annual data survey to the Canadian Urban Transit Association (CUTA) will be eligible to receive dedicated gas tax funds. Municipalities that are not currently providing public transportation, but decide to begin providing such services will be eligible for funding, subject to the provision of a municipal by- law indicating their intent to Provide public transit services. Notification of their intent to provide public transportation services will be required prior to October 1,2005 when the gas tax funds allocation for each municipality will be revised. Dedicated gas tax funding will be then available beginning the last quarter of 2005 and into 2006. A municipality receiving dedicated gas tax funds must ensure that all funds received are used exclusively towards the provision of public transportation service. Each municipality will be required to develop a Ridership Growth Plan and Asset Management Plan that sets out how the municipality is planning on using dedicated gas tax funds. These plans need to ensure that the achievement of municipal public transportation accessibility objectives are met according to local accessibility plans developed by all municipalities in response to the Onfarians With Disabilities Act (ODA). Municipalities will be required to provide an annual report of their spending on public transportation services it offers. Reporting templates for 2005 and 2006 will be provided by the Ministry to municipalities as soon as they are developed in consultation with municipal public transportation stakeholders. The Ministry may withhold payment of dedicated gas tax funds until reporting requirements are met. Beginning in 2005, gas tax revenues are intended to support increased municipal public transportation expenditures and not to reduce or replace current levels of municipal public transportation funding. Eligibility requirements for use of dedicated gas tax funds will be implemented in a progressive fashion recognizing the time required to develop and implement public transportation ridership growth strategies. Dedicated gas tax funds, including all interest earned, must be kept in a dedicated gas tax funds reserve accoUnt and remain the property of the Ministry pending payment of such costs for eligible expenditures. Funds deposited in the dedicated gas tax funds reserve account must be used only towards eligible public transportation expenditures. Interest on funds deposited in a dedicated gas tax funds reserve account must accrue on any carryover funds at the appropriate Chums One rate for an equivalent term. The interest must also be reported annually as set out in Appendix A and be applied towards eligible public transportation expenditures. (a) 0 Eligibility Requirements for All Dedicated Gas Tax Funds Received in 2004 In 2004 the municipality must use dedicated gas tax funds received exclusively for public transportation. 6 (b) 'Eligibility Requirements for All Dedicated Gas Tax Funds Received in 2005 In 2005 municipalities must give priodty to increased capital expenditures and then increased operating expenditures that support increased ridership. Municipalities that have already developed a Ridership Growth Plan and an Asset Management Plan shOuld submit these plans in 2005 as part of the reporting requirements. Development of the Ridership Growth Plan and an Asset Management Plan will be considered as an eligible expenditure. (c) Eligibility Requirements for All Dedicated Gas Tax Funds Received in 2006 Starting in 2006, dedicated gas tax funds will be required to be spent on: - Increased capital expenditures or increased operating expenditures that promote increased ridership - Incremental expenditures on public transportation (above a baseline public transportation expenditure level which will equal the average "municipal own account spending on transit" for the years 2001 to 2003. A Ridership Growth Plan and an Asset Management Plan will be required from municipalities and have to be submitted by the end of 2006 as a basis for receiving any future dedicated gas tax funds. Development of the Ridership Growth Plan and an Asset Management Plan will be considered as an eligible expenditure. (d) For GTA Municipalities: Regions of Durham, Halton, Peel Region, York, and Cities of Hamilton and Toronto Beginning in 2005, these municipalities will be required to: - Develop Ridership Growth Plans that are aligned with the GTA Transportation Strategy. - Demonstrate participation in the GTA Farecard project. - Where municipalities are required to provide one-third of capital expansion costs for GO Transit expansion, demonstrate that these payments are current prior to the release of dedicated gas tax funds. The eligibility requirements for dedicated gas tax funds will be determined in accordance with applicable Ministry policies and guidelines, which may change from time to .time. The eligibility for any dedicated gas tax funds is at the sole discretion of the Ministry. A municipality should consider consulting with Ministry staff when in doubt as to whether dedicated gas tax funds will be available prior to making expenditures or commitments involving the use of such funds. 7 5. ACCOUNTABILITY AND REPORTING REQUIREMENTS Municipalities will be acCountable to use dedicated gas tax funds to achieve increased public transportation ridership. Municipalities will be required to report prior to'March 31,2005 on how dedicated gas tax funds were spent during 2004 and thereafter on an annual basis. Where municipalities have already developed ridership growth and asset management plans thes~ plans should be submitted in 2005 as part of the reporting requirements. Each municipality will be required to develop a Ridership Growth Plan and an Asset Management Plan by March 31, 2006 as a requirement for receiving future dedicated gas tax funds. Appendix A contains the reporting form required for submission prior to March 31,2005. Reporting requirements using standardized reporting forms for 2005 and 2006 will be developed in consultation with municipal public transportation stakeholders and provided to municipalities as part of the October 2005 Ontario Dedicated Gas Tax Funds Allocations. This will include the development of the main elements to be included in a Ridership Growth.Plan and an Asset Management Plan. 6. COMMUNICATIONS Municipalities will be required to provide and implement dedicated gas tax funding communication and recognition events to be developed as part of their marketing and public event plans that should be included and support their Ridership Growth Plan. Details regarding dedicated gas tax funding recognition requirements are under development and will be provided to municipalities as part of the 2005 Ontario Dedicated Gas Tax Allocation Funds Allocation process. 7. PAYMENT OF DEDICATED GAS TAX FUNDS Payment of dedicated gas tax funds will be made based on the annual calculation by the Ministry of the allocation formula based on a combination of 70% ridership and 30% population. .Funds provided to each municipality in 2004/2005 are not to exceed 75% of "municipal own account spending on public transportation" based on 2003 municipal publiC transportation spending data as provided in the CUTA fact book. Any amounts of moneys dedicated for but that remain undistributed through the program shall be re-allocated by the province, in support of increasing public transportation ridership. Payment of dedicated gas tax funds to a municipality will only be made after receipt of a letter of agreement, provided by the Ministry to the municipality, signed by the head of the municipal council and chief financial officer, and a copy of a municipal by-law permitting the municipality 8 083 to enter into the letter of agreement. Any amount provided to the municipality under the program will be subject to adjustment as set out under section 8. In addition, any amount provided by the Ministry to a municipality will have to be used by the municipality exclusively for public transportation purposes and~ in accordance with eligibility and annual reporting requirements. If a municipality has an agreement with another municipality to provide public transportation services on behalf of both municipalities (the "host municipality"), dedicated gas tax funds will be flowed either to the host municipality, or to each municipality that contributes financially towards the operation of the public transportation services. Prior to payment of dedicated gas tax funds being made by the Ministry, all the municipalities that contribute financial assistance towards the operation of the public transportation services provided by the host municipality will be required to provide to the Ministry with copies of the municipal by-laws and legal agreement cleady indicating which municipality will be receiving dedicated gas tax funds from the Ministry for the public transportation services provided by the host municipality. In the case where the host municipality.and the other municipality wish to receive individual payments they will be required to provide to the Ministry an individual breakdown of 2003 ridership by municipality as well as their individual financial contribution towards the public transportation services provided. The Ministry will provide payment of annual gas tax funds on a quarterly basis. In addition, the payment of any dedicated gas tax funds is subject to annual appropriations of such funds by the Legislative Assembly of Ontario. Municipalities will be advised on an annual basis as to the amount of dedicated gas tax funds available for that year. 8. ADJUSTMENT, WITHHOLDING AND REPAYMENT OF DEDICATED GAS TAX ~ FUNDS If, in the opinion of the Ministry, a municipality fails to comply with any i)f the requirements set out in these guidelines and requirements, uses any of the dedicated gas tax funds for a purpose not authorized without the prior written consent of the Ministry, provides erroneous or misleading information or fails to provide information to the Ministry for any reason whatsoever ("unacceptable conduct"), including any related interest, will become immediately due and payable by the municipality. Any money due by a municipality in relation to the dedicated gas tax funds is a debt due. to the Crown of the Province of Ontario under the Financial Administration Act, R.S.O. 1990, c. F.12, as amended, ("FAA") and, in addition to any remedy the Crown may have under the FAA, the Ministry may decide to withhold or adjust the amount of any current or future dedicated gas tax funding that may be provided to the municipality in an amount equal to such debt or have the amount of such debt deducted from financial assistance payable on any other project(s) of the municipality under any other initiative in which the province is involved (either current or future). 9 Any decision made by the Minister regarding dedicated gas tax funds is final. 9. RECORDS AND AUDIT A municipality receiving dedicated gas tax funds for public transportation must maintain separate records and documentation for funding received for a minimum of seven (7) years after the final settlement of accounts, i.e. once payment of dedicated gas tax funds has been made to the municipality and all requirements under these guidelines and requirements have been met. Upon request by the Ministry, the municipality must submit documentation, including all evidence of payment, relating to public transit expenditures to which such funds apply. The Ministry may require the assistance of an external auditor to carry out an audit of the records referred to above. If so, a municipality must upon request retain and pay for the cost of an external auditor acceptable to the Ministry. The municipality must ensure that the auditor who conducts the audit provides a copy of the audit report to the Ministry for its consideration at the same time as the audit report is provided to the municipality. 10. LIABILITIES AND INDEMNITIES A municipality receiving dedicated gas tax funds is responsible, in whole and in part, for anything that may arise directly or indirectly, in relation to the transit 'expenditures to which such funds apply. The Ministry's involvement in relation to the program is for the sole purpose. of, and is limited to, the provision of the dedicated gas tax funds. As such, as a condition of receiving dedicated gas tax funds, a municipality must warrant and agree that under no circumstances will the municipality enter into any contract or commitment in the name of or on behalf of the Ministry, and the municipality must acknowledge that it is not through the Ontario Gas Tax Program or otherwise, granted any right or authority to assume or create any obligation or responsibility, expressed or implied, on behalf of or in the name of the Ministry or to bind the Ministry in any manner whatsoever. Furthermore, a municipality receiving dedicated gas tax funds must understand and agree that in no event whatsoever is the Ministry to be held liable for any bodily injury, death or properiy damage to the municipality, its employees, agents, contractors, persons responsible for controlling access and the like to the municipality's property or for any claim, demand or action by any third party against the municipality, its employees, agents, contractors or anyone responsible for controlling access and the like to the municipality's property, and without restricting the generality of the foregoing any users (including any member of the public, whether paying or not paying and/or using or being in any way on the municipality's property with or without the permission of the municipality or any body in a position of authority; this · includes any trespasser or the like), arising out or in any way related to funding received under the program. 10 085 The Ministry will not be liable for any incidental, indirect, special or consequential damages or any loss of use, revenue or profit the municipality, its employees, agents or contractors suffers, arising out of or in any way related to funding received under the program. A municipality receiving dedicated gas tax funds must agree to indemnify the Ministry and hold . harmless Her Majesty the Queen in right of Ontado,'Her directors, officers, employees and agents, from and against all suits, judgements, claims, demands, expenses, actions, causes of action and losses, including, without limitation, reasonable legal expenses and any claim other claims and for any and all liability for damages to property and injury to persons (including death), howsoever caused, as a result of any claim, demand or action arising out of or in any way related to funding receiVed under the program. A municipality receiving dedicated gas tax funds must acquire, provide and maintain, at its own expense, appropriate insurance in order to protect itself and the Ministry and support the indemnification, as set oUt above, provided to the Ministry. 11.WHERE TO APPLY AND REQUEST OR PROVIDE INFORMATION Any questions regarding the program are to be directed to the Ministry Transit Policy & Programs Office at phone (416) 235-4204 or fax (416) 235-4180. Reporting requirement forms or information to be provided to the Ministry under these guidelines and requirements must be proVided by personal delivery or mailed 15y first class registered mail, prepaid postage, or by transmittal by facsimile at the following address: Ministry of Transportation Transit Policy & Programs Office 3rd Floor, Building C 1201 Wilson Avenue Downsview, ON M3M 1J8 11 0~ APPENDIX A 12 Ontario Ministry of Transportation The Corporation of the A. Ontario Dedicated Gas Tax Funds Allocation Summary of Dedicated Gas Tax Funds for Public Transportation Program 2004 Reporting Template 08'7 1. Dedicated gas tax funds allocated in the fiscal year: 2004 B. , Dedicated Gas Tax Funds Disbursements 2. Conventional public transportation capital costs 3. Conventional public transportation operating costs $ 4. Specialized public transportation capital costs $ 5. Specialized public transportation operating costs $ Sub-total $ 6. Amount deposited in dedicated gas tax reserve account 7. Total disbursements C. Municipal Transit Expenditures / Source of Funds Conventional Specialized = Total Public Transportation Public Transportation 8. Total operating expenses $ $ $ 9. Total capital expenses $ $ $ 10. Total public transportation expenditures (8 + 9) $ $ 11. Municipal contributions (where more than one, $ $ $ provide municipal names and individual amounts) $ S $ $ $ S $ $ $ $ $ $ $ S $ 12. Provincial contributions $ $ $ 13. Federal contributions $ $ $ 14, Donations / other $ $ $ Treasurer's declaration I solemnly declare that the municipality is in compliance, in all material respects, with the Dedicated Gas Tax Funds for Public Transportation Program - 2004 Guidelines and Requirements as of ,20 Treasurer MT-O-16 (10/2004) . . ON-T-16 083 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report CS 45-04 regarding the designation of the Tullis Cottage, 1705 Seventh Concession Road, be received; and 2. That the Tullis Cottage be designated asa Heritage Property. Report CS 45-04 Designation of Tullis Cottage November 22, 2004 Page 2 window frames but one appear original and all aspects of the main T-shaped body of the house appear original. The features worthy of designation are its simplicity, proportions and uniform delicacy of its wood detailing and the chimney that appears to be unique and original. An appraiser's report describes Tullis Cottage as being "historic" with "exceptional qualities". Tullis Cottage has remained in the hands of the Barclay family from the time it was built right up to the time the federal government expropriated it in the early 1970s. The house has continued to be occupied - the present tenant is a descendant of the Rev. George Barclay. Rev. George Barclay served the community in many capacities, involving himself in matters of local interest and making significant contributions to the community. He was a teacher and farmer, but more significantly he was one of the founders of the Disciples Church in Pickering. He held several offices in the community including serving a term as pathmaster alongside Peter Matthews, as Town Warden and Tax Collector, he was Brougham's first postmaster, and served as Township Clerk. He played a large role in the Rebellion of 1837, probably a much more significant role than that of local hero Peter Matthews. His farm was a meeting place for reformers in the months leading up to the march on Yonge Street - two of his sons, George and William, also participated in the uprising and George Jr. was imprisoned for his role in the battle at Montgomery's Tavern. While there, he carved a small wooden box that is now part of the museum artifacts at Fort York in Toronto. Tullis Cottage is of great significance from a local and provincial perspective for both its architecture, but especially for its long association with the Barclay family and their significant contributions to the community of Pickering. Council should be aware that the Tullis Cottage is located on the airport lands that is owned and controlled by Transport Canada. It is the intent of Heritage Pickering to ensure that the historical and architectural importance of this building is recognized by Transport Canada so that in the event that this building is part of the construction envelope for the future airport, consideration will be given to preserving this building in some way. Attachments: The Barclay Houses Historical Report prepared by John Sabean, Historical Consultant. Report CS 45-04 DesignatiOn of Tullis Cottage November 22, 2004 Page 3 Prepared By: '~/Pamela Fuselli Chair, Heritage Pickering Approved / Endorsed By: ruCe Taylor City Clerk Approved By: Gillis A. Paterson, Director, Corporate Services & Treasurer BT:dw Attachment Recom mend~d- Pickering~ Thomas J. Oui~ 092 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report CS 46-04 regarding the designation of Ever Green Villa, 3970 Brock Road, be received; and 2. That the Ever Green Villa be designated as a Heritage Property. REPORT TO EXECUTIVE COMMITTEE Report Number: CS 46/04 Date: November 22, 2004 093 F rom: Bruce Taylor, AMCT, CMM City Clerk Subject: Ever Green Villa Designation 3970 Brock Road, Concession $, Lot 19 Recommendation: That Report CS 46-04 regarding the designation of Ever Green Villa, 3970 Brock Road, be received; and 2. That the Ever Green Villa be designated as a Heritage Property. Executive Summary: Not Applicable Financial Implications: $300 plaque - Account 2743-5400 Background: The house is associated with both the Barclay and the Burton families. The builder, Eli Barclay, was active in the community, including one of the founders of the prominent Disciples' Church (along with his wife and other members of the family). The Burtons were tradesmen in the community. Two members of that family became prominent figures in their chosen fields, one as a business leader (CEO of Simpson's Company), the other as a celebrated physicist at the University of Toronto who played a leading role in the development of the electron microscope. Ever Green Villa was built in early 1850s by Eli Barclay, a son of the Rev. George Barclay. The property remained in Barclay hands until expropriation. Ever Green Villa is an interestingly unique elaboration of Victorian vernacular. It is one of the few vertical board and batten houses in Pickering. It is a two storey frame residence clad in board and batten and V-groove siding, unusual floor plan. Built at a time of economic 094 Report CS 46-04 Designation of Ever Green Villa November 22, 2004 Page 2 prosperity in Pickering, the farm's own clear white pine was the chief material of the home. In plan, it is picturesque with many component parts, all of which would seem to have been built at one time. The south wing has a very unique upper window or door over a door-like opening with signs of a verandah which would appear to have continued around the east and north facades, as do the barge boards in the gables. The east-facing, central, projecting portion shows signs of a center entrance with entabliture. The north wing appears to be a "groszdaddy" wing with its own entrance off the common verandah. The very interesting north-facing drive shed with belvedere may have been joined to the house. Original elements are still visible at the rear of the house and all of the above-noted building elements are notable or unique enough to support designation on architectural merit. The 1974 federal-provincial inventory stated that this was a structure "of substantial architectural merit and cultural importance that should be preserved." At least two images of the house have been preserved from the early years: · a photograph taken c1865 shows a mature landscaping and the house was graced by one of the earliest gardens in the community, carefully developed and tended by Mrs. Barclay and her descendants well into the 20th century (within living memory) · a drawing in the 1877 Beers Atlas, which gives a good representation of the settled, well-established residence The house and grounds should be restored to their former conditions with a proper period window to replace the inappropriate bay window at the front, a restoration of the porch, and a recreation of the gardens. There is significant evidence of original elements that would make restoration and re-use of the building possible. This house and grounds deserve designation as a heritage site for the architectural merit, the former prominence of its show-case gardens, and for the association with the Barclay and Burton families. Council should be aware that the Ever Green Villa is located on the airport lands that is owned and controlled by Transport Canada. It is the intent of Heritage Pickering to ensure that the historical and architectural importance of this building is recognized by Transport Canada so that in the event that this building is part of the construction envelope for the future airport, consideration will be given to preserving this building in some way. Attachments: The Barclay Houses Historical Report prepared by John Sabean, Historical Consultant. Report CS 46-04 Designation of Ever Green Villa November 22, 2004 Page 3 095 Prepared By: .~/Pamela Fuselli Chair, Heritage Pickering Approved / Endorsed By: Bruce Taylor City Clerk Approved By: Gillis A. Paterson, Director, Corporate Services & Treasurer BT:dw Attachments Recommend~ '/' '' of /~ IThomas J.~ I ATTACHMENT # .... TO 14EPOFIT # c s v.~F?ov' Historical Report THE BARCLAY HOUSES Tullis Cottage & Ever Green Villa 1705 Seventh Concession Road & 3970 Brock Road Concession 6, Lot 19 City of Pickering October 2004 by John W. Sabean Historical Consultant 097 THE BARCLAY HOUSES Concession 6, Lot 19 City of Pickering Tullis Cottage 1705 Seventh Concession Road Ever Green Villa 3970 Brock Road Location Tullis Cottage sits facing the Seventh Concession Road on the northeast corner of Lot 19, Concession 6, in the City of Pickering. Around the comer on the same Lot, but facing Brock Road, is Ever Green Villa. Both have long been associated with the pioneer Barclay family. The two houses are situated about a kilometre north of Brougham, a village located in the approximate centre of Pickering. Brock Road, running north and south, is a major county road. Provincial Highway 7 runs through the centre of Brougham and the new Highway 407, which parallels it, passes just to the south of Brougham. Highway 401 is another 10 kilometres or so further south. The Land Lot 19, Concession 6 was part of a Crown grant, made on 8 July 1799, to United Empire Loyalist Mary Ruttan Matthews, daughter of Peter Ruttan, a Captain in the American Revolutionary War, and wife of UEL Thomas Elmes Matthews, veteran of both the Revolutionary War and the War of 1812. In 1819, the year that Thomas died, twenty years after receiving the property, Mary Matthews sold the northern (rear) half of the 200-acre lot to the Rev. George Barclay. Three times Barclay mortgaged all or part of the property--for £400 to Joseph Warner on 17 January 1837 (discharged in October 1838), for £200 to Robert Stewart on 19 May 1840 (discharged 13 July 1848), and to William Douglass for £200 on 28 February 1853 (discharged 10 April 1855).~ George Barclay's youngest son, Eli Gorham Barclay, inherited the homestead, recorded as a Bargain and Sale on 1 March 1854. He in turn left the property undivided to his second son Charles Albert Barclay (by Agreement dated 31 January 1893 and by will dated 7 July 1892 and registered 2 May 1899). At Charles' death in 1926, his widow, Caroline Susan (Stevenson) Barclay assumed ownership. Parts of the half lot were sold or severed, including Tullis Cottage to Helen Beatrice Barclay Auld, but the largest part, including Ever Green Villa, went to Harold Goldman Barclay (1942), Charles' second son, who raised a large family in the house. Subsequently tenants occupied the house, but the ownership remained in Harold's hands until expropriation in 1972 by Her Majesty the Queen? 093 2 The Houses Shortly after he purchased the property, George Barclay built a log house just west of where Tullis Cottage now sits. This log house served the family for over 40 years--30+ years as home and another 10 years or so as smoke house--until it burned down in 1862. The log house was still occupied by Barclay and some of his family at the time of the 1851-52 census.3 By 1853, George's youngest son, Eli, had constructed a new frame house just around the corner and moved his family to this house. It is most likely that George and his wife Janet retired to the little cottage now known as Tullis Cottage at the same time, abandoning the log house to another purpose. It is not known, however, exactly when the cottage was built. According to family tradition it was constructed about 1840. After Barclay's death in 1857, Tullis Cottage remained in the hands of the Barclay family right up to the time the federal government expropriated it in the early 1970s for the purposes of constructing a new international airport. Shortly after the airport project was announced G.M. Yost Associates conducted an inventory of heritage properties for a joint federal and provincial project co-ordinating committee. The inventory, released in 1974, described this cottage as a "Clapboard residence, relatively early example of modest size. Suitable for housing stock.''4 It was given a rating of Class 3, and three photographs of it were shown. Class 3 was defined as: Structures of architectural merit that have considerable regional, cultural or historic interest and which could be preserved for residential or commercial occupancy on current sites or elsewhere.5 Three years later the former owners had the property appraised, presumably to determine a rate of compensation. The appraisers concluded: The house on the property is historic, has exceptional qualities and has been maintained to a higher standard than the great majority of similar historic properties. At the time of the Airport-Townsite Scheme announcement and up to the time of my inspection its condition was immaculate. Taken together, its environment, historic quality, facilities, condition, and surplus developable land make the subject extremely desirable.6 The house has continued to be occupied--the present tenant is a descendant of the Rev. George Barclay. 3 093 Ever Green Villa, the home built by Eli Barclay, also remained in Barclay hands until expropriated by the federal government, although in recent years it had been rented out to a series of tenants. It has been empty and boarded up now for a number of years. The 1974 federal-provincial inventory of the airport lands rated Ever Green Villa Class 2 ("Structures of substantial architectural merit and cultural importance that should be preserved."), and described it as a Frame residence clad in board and batten and V-groove siding, unusual floor plan; "Ever Green Villa" built in 1865, by Eli Barclay, earlier a sympathizer with W.L. Mackenzie. House and attached shed merit restoration; suitable for housing stock. Pickering, Brock Road.7 While Eli Barclay, son of the Rev. George Barclay, was almost certainly a "sympathizer with W.L. Mackenzie," he was only 12 years old at the time of the Rebellion and took no active part as did two of his older brothers, one of whom was arrested after the march to York and imprisoned for two years. Several sources date the construction of Ever Green Villa from 1865--and the inventory adopted this time frame--but the date is almost certainly wrong. The photo (see appendix 2) of the house in 1865 shows a well-developed garden, something which would have taken years to achieve. Eli's grandson, C.L. Burton, provides a better key to the date of construction. If his information is correct the house would appear to have been built between 1850 and 1853. Burton wrote that his mother was born (in 1850) in the old log house, but the other children, from 1853, were bom in the new house.8 Burton continues his story: How this fine new pine house came to be built is a story that might be paralleled in every settled township of the country at that time. War, as I shall have occasion to repeat in chapters far beyond this, is a bountiful jade. The Crimean War, 1853-56 and the American Civil War, 1861-65, poured riches into Canada. Wheat went to $2.00 a bushel. The prices of most other produce, including timber, rose to fantastic heights. All over Eastern Canada, you can see to this day the fine old farm houses, the old-fashioned mansions in villages, which owe their origin to this period of sudden wealth in what was still, in some measure, a pioneering land. So far as money was concerned, Canada had until then been poor. The older members of many of the families solidly settled in Canada, though living still in rather primitive log or frame houses, could vividly remember the more gracious homes of the Old Country. .tOO 4 Now when money poured into Canada, long-nurtured dreams were realized. Fine farm houses of brick or frame, decorative, spacious, with gardens and ornamental drives, sprang up all over the land. You will see them yet, though many of them are fallen into decay. Compared, however, to the modem farmhouse, they have a certain old dignity. It was war that built them. For the first time, the Barclays had some cash--several hundred dollars !--and Ever Green Villa was built and gardened. Such a house would cost $30,000 or more today. The farm's own white pine, clear white pine, was the chief material of the new home. White pine, at that time, was currency. It was bartered, stick by stick, for all sorts of needs. The day had not yet come when the railroads would facilitate the cutting and removal of all the white pine that stood in the woodlots of the farms throughout the land. The pine was part of every farm's wealth, and stood there as ready cash. From the Barclay's own pine, the house was built. The actual building was done by the family and the neighbours. The only cash laid out was for masonry, brick chimneys and plastering. The total of cash spent was $800 .... The Barclay house was an open house, and neighbours were neighbourly. The horse drawn buggy was a leisurely vehicle, and nearly everyone who passed by drove in for a visit or to see my grandmother's famous garden. As a child I have seen as many as thirty, all unexpected guests, drive in for a cup of tea and an armful of flowers. Those were the days when nearly every family was a large family, though practically every family had its record marred by the death in infancy of one or more children. The youngest of my mother's brothers was only a few years older than my older brother. The two-storey dwelling once had a porch that spanned the front of the house, but this was removed at some point, and the front window has undergone several alterations. At least two images of the house have been preserved from the 19th century--the photograph of 1865 of the house with the family posed in the front, and the drawing presented with some artistic licence in the Illustrated Historical Atlas of Ontario County of 1877.9 Eliza Barclay, the eldest child of Eli and Mary Ann Barclay, grew up in Ever Green Villa. She married George Burton who ran the general store in near-by Green River (along the Sixth Concession Road, now Highway 7, near the west end of the township and raised two children who were to become prominent in their chosen professions. Businessman Charles Luther Burton rose to become CEO and Chairman of the Board of Robert Simpson Company.l° When he 5 101 retired he turned over the reins to his son G. Allan Burton who also served as CEO then Chairman of the Board. Allan was married to Betty Kennedy the former panelist on TV's Front Page Challenge, and former Senator. Eli Franklin Burton, named for his grandfather, distinguished himself as a physics scholar, rising to the head of the Physics Department at the University of Toronto. He served as a member of the National Research Council from 1937 to 1946, was involved in secret research on radar during World War II, and played a leading role in the development of the electron microscope, n THE REVERAND GEORGE BARCLAY (1780-1857): Weaver, Teacher, Preacher, Farmer, Postmaster, Reformer, Township Clerk George Barclay was bom 3 July 1780 in Cupar, Fifeshire, Scotland, son of George Barclay (also spelled Bartlet or Berthlet) and Elspeth Gibson. The Barclays were weavers and had been for several generations--as far back as the record goes.~2 Most of the sources say that Barclay received his education at St Andrews University in Fife, which is undoubtedly correct, since he was an educated man and St Andrews was the closest and most natural university for him to have attended. However, there is no record of his attendance in the university's Muniments.~3 On 24 January 1801, not yet 21 years of age, Barclay married Janet Tullis, a native of nearby Forgan in Fife. Apart from the above scanty information we know little about Barclay's life before he emigrated to Upper Canada. All we know is that he had taken up the family trade of weaving for a time and had become an Elder in the Baptist Church. According to Kathleen Barclay, the early years of the 19th century were an ideal time for weavers. New water-powered lint mills, introduced in the late 18th century, she says, "made it possible for spinners all over Scotland to produce fine linen and cotton thread in quantity and for weavers, in consequence, to purchase extra looms and hire apprentices." As the century ended, she continues: [M]arket demand encouraged entrepreneurs to supply flax to spinners and to pay them for yams to be passed on to weavers. By 1801 both spinners and weavers were able to earn a reasonable wage through the efforts of the dealers who financed the preparation and marketed the finished products. Handloom weavers came into great demand after the introduction in 1803 of the shawl woven into patterns brought from India. Living conditions improved, Kirk bonds 102 6 loosened, and dissenting churches grew most rapidly in Glasgow, Sterlingshire and Fife--areas of lively industry.~4 So, for the years Barclay worked at the trade of his ancestors he probably prospered and was able to put aside some money for later use. Unfortunately, the good times in the weaving industry did not continue for long; the replacement of waterpowered mills by steam power had a profound affect on the industry. Kathleen Barclay reports: "With the coming of steam power, weavers were driven into the factories. Handloom weavers were forced into poverty, and the flowering of their culture ended." She adds: By 1816 ... the prosperity of the weavers, encouraged by the water-powered lint mills, was now threatened by the advent of steam-powered weaving mills. Very soon the whole rhythm of life changed from its agricultural-based cycles. Weavers and spinners who had worked in their homes and cared for their land and families were forced to seek work in the mills and endure the rigid routines of the factories. In addition, the end of the Napoleonic wars meant that armies no longer had to be clothed, and demobilized soldiers and sailors were returning in great numbers to the villages where there was no work for them. A great trade depression was beginning.~5 Perhaps it was the change of fortune in the industry, or it may have been a calling to a different life, in any case, George Barclay became a lay preacher in the Baptist Church and moved to Paisley in Renfrewshire, near Glasgow, where he became an Elder in the Baptist Church. However, he soon became attracted to an offshoot of the Baptist Church, espousing the doctrines of the Church of the Disciples of Christ. This led to a break with the Paisley Church and may have been the deciding factor in his removal to Upper Canada? At the age of 37, George Barclay set sail for North America, possibly to seek his fortune as a Baptist or Disciples' minister. His first occupation when he arrived in Upper Canada was as a teacher in Newmarket, Whitchurch Township, for about six months. He then became a missionary ministering to Baptist congregations between Markham and Whitby. That he was successful is attested by the report a gentleman made to a grandson about the late Elder George Barkley who came to Upper Canada about 1817 and was my own and my Father's friend. I remember well the first sermon I heard him present in Markham in '18 or '19. I was then some 10 years old. It was from Psalm 14.2,3 verses 'The Lord looked down from heaven to see if any did understand.' ~7 103 On the other hand, he quickly ran into controversy when he became the minister of the First Baptist Church in Markham Township in the early 1820s. In 1821, a section of the congregation split off and formed the First Baptist Church of Picketing (later Claremont Baptist Church). The caused of the split was over paying the minister (Barclay) a salary. Randall Wixon, clerk of the new congregation formed in Claremont, described the breakaway: The disorderly walk for which Br. Amos Wixon and Sister Rachel Wixon were excluded was contending against paying a salary to Elder George Barclay, which had also been opposed by Brother Joshua Wixon as an unscriptural practice, as Christ says that an hireling careth not for the sheep because he is an hireling and not the owner of the sheep. In opposing this idea a sharp debate ensued in which Br. Amos and Sister Rachel Wixon were degraded for lack of knowledge, called ignorant persons, and at length ordered to a total silence by Elder Barclay, who appeared to be angry,la It has been suggested that Barclay came to Canada ahead of his family to make sure that the life of a minister was what he wanted. He earned his living at the beginning as a teacher, but as an educated man and a fervent Christian, the Baptist families in Whitchurch Township "conscripted" him to be their minister. It may have been at this point that he was ordained, although he may well have been ordained before he came to the New World. Within a few years he was chosen to be the Moderator of the Haldimand Baptist Association.~9 He continued his preaching throughout the rest of his life, travelling to Whitby and Uxbridge Townships, but apparently did not have another congregation once his term at Markham was over. After 1831 he was allowed to perform marriages and a list of the marriages he conducted may be found in the Home District Marriage Register.2° The rest of George Barclay's family followed him to Upper Canada a year or two after his arrival. The eldest son, George, Jr., may have accompanied his father in 1816, but the other children, Jane, Betsy, Margaret, Nancy and James, all accompanied their mother. Three more sons--David, William and Eli--were born in Upper Canada. Meanwhile, on 3 December 1817, Barclay had petitioned for a grant of land, stating: That your petitioner is a native of Scotland. That he left Scotland for the Province in 1816. That he has been resident in this Province, the greater part of the time in the Home District since the month of October 1816 and was employed as Teacher of the Common School at Newmarket about six months. That he has a family of a wife and six children who are now all in this Province.2~ 104 8 He was granted two hundred acres but apparently did not take up the grant. Instead he purchased, for £50, the rear 100 acres of Lot 19, Concession 6--the farm along with livestock and implements--from UEL grantee Mary Ruttan Matthews (the mother of Peter Matthews). In 1824 (10 May) Barclay, describing himself as "Baptist Minister," once more petitioned the government for land. He said that, although he had previously been granted 200 acres in 1817, "owing to my being employed as a Missionary the first years of my residence in this Province I did not then locate it." Now, however, he has settled down in Pickering, midway between Markham and Whitby where he has been "called to take charge" of the Baptist churches, and is prepared to claim the 200 acres. He specifically asks for Lot 19 of Concession 4, Pickering Township, a lot that had not yet been claimed. However, in the meanwhile that acreage was claimed by a descendant of the grantee. So Barclay applied again in April 1825, this time asking for 200 acres for each of his five sons. Whether that petition received a favourable reply is not clear, but in time each of his sons did hold land in Pickering, mostly in the Seventh Concession.22 Probably from about the mid-1820s Barclay gave up his full-time responsibilities with the Markham and Whitby churches and turned to farming and matters of local interest. In 1826 he served a term (alongside Peter Matthews) as Pathmaster and the following year he was both Town Warden and Collector.23 From 26 August 1836 to 13 December 1837 he served as Brougham's first Postmaster.24 The end of his term as Postmaster, after less than a year and a half, was due to Barclay's commitment to the reform movement. George Barclay played a large role in the organization and persuasion of patriots in Pickering Township. His farm was a meeting place for reformers in the months leading up to the march on Yonge Street? But the pulpit was probably his most effective vehicle for promoting the cause of the reformers. There is on record a heated letter by Major George Garnet about "this vile old preaching traitor that stimulated the people of Picketing ... to take part in the late Rebellion.''26 As Ronald Stagg wrote in the Dictionary of Canadian Biography: Barclay was an outspoken critic of the policies of the "family compact," which he had experienced as a Baptist minister; his was one of those sects forbidden to carry out marriages prior to 1831. Peter Matthews's wife insisted after the rebellion that it was George Barclay's attitude towards reform which had persuaded her husband to join the rebels. Two of Barclay's sons, George and William, also participated in the uprising.27 George Barclay, Jr. "took a somewhat active part in the political disturbances of 1837" as one local author stated it.28 By 1837 he had a family of four and farmed about 200 acres very near his father's land. He was among those who assembled at Montgomery's Tavern, 4 December 9 105 1837. At the defeat of the motley group of insurgents on 7 December, Barclay was close to William Lyon Mackenzie. As his descendants tell the story, Barclay, when Mackenzie's horse was shot from under him, secured a fresh horse for him from the tavern stable, and Mackenzie made good his escape? Barclay, himself, was not so fortunate. Francis Leys, Justice of the Peace for the Home District, issued a warrant on 15 December for the arrest of George Barclay, Jr. and four others. Two days later Barclay was arrested.3° George's wife Jane made a petition to the government on behalf of her husband, and he in turn petitioned the government under 1 Vict. C. 107~ Because his involvement was fairly significant he was sentenced by the presiding judge "to be confined in penitentiary, Kingston, for three years and then banished from the province for life." He served nearly two years of the sentence then was released in the general amnesty and did not have to face banishment. While he was imprisoned for his role in the battle at Montgomery's Tavern, George Barclay, Jr. carved a small wooden box that is now part of the museum artifacts at Fort York in Toronto. The box bears a dedication on the top "IN MEMORY OF LOUNT and MATTHEWS Executed at Toronto U.C. April 13th 1838." A second box, handed down in the family is inscribed: To Jane Barclay from her husband George Barclay to be kept as a memorial for him while confined for high treason in a land of oppression. June 26, A.D. 1838."32 Of George Barclay, Jr. there is recorded in the Colonial Office Records a comment signed by Sir George Arthur, Lieutenant Governor, that also tells us something of the father's role in the Rebellion: George Barclay Jun'r was in arms at Montgomery's and an active follower of Matthews in his expedition to burn the Don Bridge and houses adjoining. His case is aggravated by the robbery of a person whom he and his companions pillaged on the highway. The father of this young man is a Baptist preacher and bears a very bad character for disaffection.~3 (My italics) After his release, George Barclay, Jr. taught school in the Pickering area for a few years. Then, in 1848 he sold his farm to John Miller and set out with his family for the Township of Lobo, Middlesex County, near London, where he had secured a 200-acre farm. The Rebellion divided the Township of Picketing perhaps more so than any other community. For example, in the south, the newly formed Presbyterian Church was nearly rent by the action. The minister for the Presbyterian church was the well-known Rev. Robert Thornton, who favoured the reform movement, and who was fired upon by the militia in the aftermath of the 105 lO Yonge Street march. A number of prominent members of his congregation, led by William Dunbar, founder of Dunbarton and an Elder in the church, marched with the patriots. Dunbar was among those arrested. On the other hand, another Elder, James Greig, who also served as the church clerk, renounced fellowship in the church and was one of the ringleaders of the mob actions that subsequently preyed unhindered on suspected sympathizers.34 The Baptist community was also sorely divided on the issue. There were, in the north of Picketing, three separate Baptist communities. The first was that which worshipped in communion with the Baptists of Markham (and Whitby). This was the community with which the Rev. George Barclay, and presumably Peter Matthews, were associated. First Baptist (Claremont), as we have seen, was formed out of disaffection from this community and centred around the Wixon family (Joshua and Randall Wixon were its first Elders). While these two communities were split over the issue of the pastor's salary they were united in their opposition to the Family Compact. Joshua Wixon hosted at least one visit by Mackenzie, and he and several of his sons marched to York. Randall, who by 1837 was residing in Brock township, served as Mackenzie's secretary for a time, and led the contingent from Brock and Uxbridge (which included Joseph Gould).35 On the other hand the "Gostick" Church, made up of Baptists of the seventh and eighth concessions of Pickering Township were very strongly opposed to the Rebellion. They issued this communiqu6 on 8 December 1837: A Dark Cloud has for some Days Been suspended over the City of Toronto, Devoted to Destruction by a misguided faction Led on by the unprincipled McKenzie, the tool of a few influential Democrats. To-day the Cloud had Burst and overwhelmed the Assailants with Confusion and Dismay. Prayer has been heard; the City is spared and we are call'd upon to Bless God that tho surrounded by the Disaffected not one individual connected with this Place of worship Has taken any Part in their Rebellious proceedings and to Record our Humble Hope that Peace and tranquillity may be speedily Restored? Presbyterian minister and local historian the Rev. William McKay summarized in his sesquicentennial history of Pickering the Barclay connection to the Rebellion: The Barclays were members of the Reform Party and since they were active non- conformists, opposed the King's College grants very strenuously. Elder Barclay, an ordained university-trained clergyman from Scotland must have bitterly resented the power and privileges of another Scottish immigrant of poorer family than he, John 11 107 Strachan. Barclay was not allowed to marry his own parishioners who either travelled to Squire Leys' house in Pickering or invited the good-natured Justice of Peace to their homes to marry them. The Barclays felt most strongly about the injustices not only of an established Church, but also the poor local school, provided entirely by the settlers, the overbearing attitude of William Allan, the lakefront absentee who assessed the settlers' farms carved out with so much blood, sweat and tears; who collected the taxes and made up the voters' lists for York East, and who in 1835, imported Orangemen tenants on his farm, Lot 18, and 19, Range 3. Unquestionably, George Barclay, a deeply religious man of strong character must have felt morally tight in taking an active part in the rebellion. He, like all the other rebels who were fighting for an executive responsible to the Assembly, for vote by ballot, education for all, was not pro-American and was British and not pro-republican. There does not seem to be any evidence in any of the many family records consulted in this book of the pro-Americanism, Mackenzie adopted in later life. The fight in Picketing seemed to be local, against the Family Compact, who had swallowed up so much of the land.37 In his later years, George Barclay, Sr., was one of the founders, and perhaps the prime mover, of the Disciples' Church on the Kingston Road just west of Picketing Village. According to a letter he wrote from Brougham, dated 12 May 1855, but now lost, after he broke with the Baptist Church at Paisley he came to Upper Canada and preached among the Baptists attempting to convert them to the Disciples' doctrine. He failed in this self-appointed mission, owing, as he wrote, to "the gross ignorance of the people at that time and their small acquaintance with the Book of Books.''38 Barclay also continued to serve his community in an administrative role. In 1854 he is recorded as chairing a meeting of the local School Section (No. 12, known as Mount Pleasant School, on the Seventh Concession Road, just down the road from his home). Apart from how much students fees should be, the main resolution of the meeting was "that the Bible and Testament are fit and proper books to be used as school books along with the authorized books and are not to be excluded from this school.''39 For five years, from 1844 through 1848, Barclay was township clerk.4° All the By-laws that were passed during these years were proclaimed under his signature. He was succeeded in office by Hector Beaton who professionalized the position and held the job for many years. 108 12 The Rev. George Barclay died on 10 August 1857, in Pickering Township, Canada West. He was buried, not in the Disciples' cemetery, but in the Claremont Baptist Church cemetery "among the graves of those who had disagreed with him in 1821 and had founded this congregation.''4~ The fact that the Rev. George Barclay, who did not march to Montgomery's Tavern, is profiled in the Dictionary of Canadian Biography, not his son George Barclay, Jr, who was imprisoned for his efforts, is a measure of the relative significance in their respective roles in the Rebellion. The senior Barclay was deeply influential in persuading the citizens of Picketing to espouse the cause of reform. This is attested by the comments of Hannah Matthews, Major Garnet, and Sir George Arthur. Ronald Stagg adds this observation about Barclay's loss of the Postmasters position: That he was appointed to this position indicates he had some standing in the community. That he was removed in the general purge of postal officials whose loyalty was deemed suspect following the rising of 1837 indicates that his behaviour caused concern among more than members of his congregation.42 Peter Matthews suffered the extreme penalty for his leadership role in the Rebellion, so historians have concentrated on the contributions and sacrifices of the Matthews family and have ignored the part played by other Pickering residents. It is obvious from the record that the Wixon and Barclay families, among others, were also deeply committed to reforming the government and achieving some equity for their community. If their method of bringing about change was not immediately successful, it did set in motion the process that would soon transform the operations of government, and they would live to see those desired changes effected one by one. 13 Notes: ~Abstract Index of Deeds, Concession 6, Lot 19. 2Abstract Index of Deeds. 3Census of 1851-52. 4G.M. Yost Associates, Architectural Evaluation of the North Pickering Project and the Toronto Area Airports Project Sites (2nd ed., June 1974), p. 23. 5Ibid., p. 2. °"An Appraisal of the Helen Beatrice Auld Property" (Borden and Elliot, Barristers and Solicitors, 1977), p. 11. *Yost, Architectural Evaluation of the North Pickering Project, p. 23. 8C.L. Burton, A Sense of Urgency (Toronto: Clarke, Irwin and Company, 1952), pp. 16-17. 9Illustrated Historical Atlas of the County of Ontario, Ont. (Toronto: J.H. Beers, 1877), p. 37. ~°A Sense of Urgency is his biography. ~See J.C. Phillipson, "Burton, Eli Franklin," The Canadian Encyclopedia: Year 2000 Edition (Toronto: McClelland & Stewart, 1999), p. 330. ~2parochial Register of Cupar, as compiled by the Scots Ancestry Research Society (1954). ~3Robert M. Fuller and Kathleen Bowley, Barclays of Pickering (Windsor, ON: Privately published, 1976), p. 6. ~4Kathleen Richmond Barclay, The Twlles Sampler, 1793 (Peterborough, ON: Privately published, 1999), p. 20. ~Slbid., pp. 20-21. 14 ~6Orlo Miller, "Descendant of Famous Barclay Family Clerk of Lobo Tp. 57 Years," The Free Press (London, ON) (27 January 1934), p. 8. Miller was unaware that Barclay was from Fife and only moved to Paisley at a later date, so he makes the false assumption that he was a native of Paisley. With this in mind, it is possible to bring the data of his article into line with other sources. ~TFuller and Bowley, Barclays of Pickering, p. 7. ~SMinutes of the Claremont Baptist Church, as quoted in William R. Wood, Past Years in Pickering (Toronto: William Btiggs, 1911), p. 88. ~gMinutes of the Haldimand (District of Newcastle) Baptist Association held at Markham on the thirtieth and thirty-first January and first February 1824. 2°Home District Marriage Register. 2~Upper Canada Land Petitions. 22Upper Canada Land Petitions. 23Minutes of the Pickering Township Council. 24Quebec Almanac of 1837, as cited in Max Rosenthal, "Early Post Offices in Pickering Township," 1965. 25William A. Mckay, The Pickering Story (Picketing: Picketing Township Historical Society, 1961), p. 200. 26Fuller and Bowley, Barclays of Pickering, p. 7. 27Ronald J. Stagg, "Barclay, George." in Dictionary of Canadian Biography 8: 61. 28Wood, Past Years in Pickering, p. 217. 29Miller, "Descendant of Famous Barclay Family Clerk," p. 8. 3°Colin Read and Ronald Stagg (ed.), The Rebellion of 1837 in Upper Canada (Ottawa: Carleton University Press, 1988), p. 352. 3~Upper Canada State Papers. 32"Another Rebellion Box," Families 29, 3 (1990), 158. 33Colonial Office Records. 34Wood, Past Years in Pickering, pp. 37-39; 35W.H. Higgins, The Life and Times of Joseph Gould (Toronto: Fitzhenry and Whiteside, 1972), pp. 106-107. 36Wood, Past Years in Picketing, p. 32. 37Mckay, The Pickering Story, p. 199. 38Miller, "Descendant of Famous Barclay Family Clerk," p. 8. 39Wood, Past Years in Pickering, p. 174. 40 Minutes of the Pickering Township Council, 1811-1876. 4~Stagg, "Barclay, George." in DCB 8: 61. 42Ibid. 15 111 1!2 APPENDIX 1: Maps 16 Ridout Map, 1823 Tremaine Map, 1860 113 17 Beers Atlas, 1877 Goad Map, 1895 18 Guidal Map, 1917 Centennial Map, 1967 APPENDIX 2: Photographs 19 The Rev. George Barclay Janet Barclay George Barclay's Headstone in Claremont Baptist Cemetery Marriage certificate of James Barclay and Hannah Pamham, 1837 Eli Barclay Mary Ann Barclay 20 The family of Beorge Burton and Eliza Barclay, c1887 C.L. Burton is standing second from right E.F. Burton is in the centre George Burton's Green River General Store, c1882 George Burton and his wife Eliza Barclay stand at the front of the store with their children. li7 21 Aerial View of Evergreen Villa at left and Tullis Cottage at the centre. The view is towards the west. Aerial View -- looking northwest Photographs by William Keenan, 2001 22 Photos from G.M. Yost Associates, Architectural Evaluation of the North Pickering Project, 1974 25 Drawing of Tullis Cottage in Fuller & Bowley, Barclays of Pickering, 1976 Photographs by William Keenan, 2001 1 .0 24 Ever Green Villa, 1865 From Robert A. Miller, The Ontario Village of Brougham, 1973 Ever Green Villa, 1877 From Illustrated Historical Atlas of the County of Ontario, 1877 121 25 Ever Green Villa, c 1960 From Robert M. Fuller & Kathleen Bowley, Barclays of Pickering, 1976 Ever Green Villa, 1972 From Jane Buckles, Historic Pickering, 1972 122 26 Ever Green Villa, 1974 From G.M. Yost Associates, Architectural Evaluation of the North Pickering Project, 1974 Ever Green Villa, 2001 Photos by John W. Sabean 28 Ever Green Villa, 2001 Photos by William Keenan APPENDIX 3: Documents 29 1,25 Early Records from Parochial Register of Cupar: (Scots Ancestry (1954) Parents marriage, 1763 "19th August 1763 George Berthlet and Elspeth Gibson married." Sister's birth, 1766 [Margaret, baptised 30:11:1766] George Barclay's birth, 1780 "July 5th 1780 baptised George son to Geo. Bartlet, weaver, and Elspeth Gibson." George's marriage; son's birth, 1801 "January 11th 1801 George Bartlet and Janet Tullis both of this parish, proclaimed." [George, born 16:12:1801 (father's occupation--weaver)] Land Petition, 1817 "To His Honor Samuel Smith Esquire, Administrator of the Province of Upper Canada, &ca &ca &ca. The Petition of George Barclay of Whitchurch Humbly Sheweth That Your Petitioner is a Native of Scotland. That he left Scotland for this Province in 1816. That he has been resident in this Province the greater part of the time in the Home District since the Month of October 1816 and was employed as Teacher of the Common School at Newmarket about six months. That he has a family of a wife and six children who are now all in this Province. That your petitioner being desirous of settling on some of the waste land, craves leave to refer Your Honour to the accompanying recommendatory Certificates in his favor and humbly Prays of Your Honor that you would be pleased to grant him such portion of the waste lands of the Crown under the existing Regulations as Your Honor may deem meet. And Your Petitioner shall ever pray George Barclay York 3ra Decem 1817" Upper Canada Land Petitions. NAC: C-1624 126 30 Minutes of the First Baptist Church in Markham, 1821 "Saturday, 4th August, 1821. This day were separated from the said church Joshua Wixon, Rachel Wixon and Amos Wixon. The crimes were said to be Heresy and causing confusion in the Church or disorderly walk. Here it may be proper to observe that the heresy for which Bro. Joshua Wixon was excluded was for pleading the right of brotherhood in favor of an excommunicated member upon his confession of his wrong. The disorderly walk for which Br. Amos Wixon and Sister Rachel Wixon were excluded was contending against paying a salary to Elder George Barclay, which had also been opposed by Brother Joshua Wixon as an unscriptural practice, as Christ says that an hireling careth not for the sheep because he is an hireling and not the owner of the sheep. In opposing this idea a sharp debate ensued in which Br. Amos and Sister Rachel Wixon were degraded for lack of knowledge, called ignorant persons, and at length ordered to a total silence by Elder Barclay, who appeared to be angry. R. Wixon." "NOTE.--It was on the 2nd June, 1821, that Brother Joshua Wixon pled the right of brotherhood as above stated, and on the 30th June the debate aforesaid happened. At the day of separation, neither of the above three were present, neither had any labor been taken with any of them. R.W." "1 st September, 1821.--This day were separated sixteen more for not giving a voice against the other three, called taking part with the heresy and disorder. R. Wixon. Men's Names. Joshua Wixon Amos Wixon Randall Wixon Abraham Wurts Cornelius Johnson Ira Sherman John Marr Asa Wixon Joel Wixon Peter Johnson Casper Kile. Women's Names. Rachel Wixon Elizabeth Wurts Mary Marr Deborah Wixon Mary Johnson Sarah Johnson Phebe Sherman Ruth Wixon Elizabeth Wixon 31 127 Immediately after the meeting of the 1st September, where sixteen were separated, we called a meeting of those who had been separated and it was then and there universally agreed to by all present that we should continue to hold meetings for public worship as usual concluding patiently to wait the event of Providence. 2nd. Agreed to hold meeting on the next day at Mr. John Wurts's. 3rd. Agreed to hold a meeting for the transaction of our business on the 4th Saturday in this month at the school house by Mr. Boyle's. Lord's Day, 2nd Sept. Elizabeth Wixon declared herself to be one with us, although not yet separated from Markham Church. R. Wixon." [A week later a committee was appointed to seek counsel from the Church in Whitby. On Sept. 22nd, the congregation met and] "heard the report of the brethren who were sent to Whitby who stated that the petition was refused and that individuals among them had advised to relinquish holding meetings of any kind at present as our situation was considered to be rather precarious. But after mature consideration of the matter it was unanimously agreed to be expedient to continue to hold our meetings as formerly agreed upon." [On October 27th, 1821, a meeting was held at Joshua Wixon's in Pickering, of which the following minutes are recorded:] "1 st. Opened meeting by singing and prayer. 2nd. Chose Br. R. Wixon moderator for the day. 3rd. Proceeded to exhort and comfort each other by the word of truth. 4th. Took into consideration whether it is expedient for us to organize ourselves under the title of a church. Whereupon it was unanimously agreed to by all present that we should unite under the title of the first Baptist Church of Christ in Pickering. 5th. Left it as a matter of contemplation who shall be appointed to serve us as deacons." [The first official appointments were made on January 26th, 1822, when the following minute is recorded:] "Voted in Joshua Wixon and Randall Wixon to serve us in the office of Elders. Voted that Bros. Cornelius Johnson and Joel Wixon shall serve us in the office of Deacons." Canadian Baptist Archives, as quoted in Wood, pp. 88-89. ir,t3~ 32 Land Petition, 1824 "To His Excellency Sir Peregrine Maitland K.C.B. Lieutenant Governor of the Province of Upper Canada &c &c &c The Petition of George Barclay Baptist Minister Humbly Sheweth Your Petitioner is a native of Scotland who Emigrated to this Province in the year One Thousand Eight Hundred and Sixteen and applied for a Grant of Land on the 3a Dec 1817. The Board was pleased to give a Grant of 200 Acres But Owing to my being employed as a Missionary the first years of my residence in this Province I did not then locate it, However having been settled upwards of four years being called to take charge of the Baptist Church in Markham and also in Whitby and having settled in Pickering as the centre between them, Having a large family, a wife and eight children and our emoluments being small, I have thought good to make this application to Your Excellency for a Lot of Land in the Township of Pickering 4 Con N 19 1 was informed that by a deed of Council this lot was laid open for claim a considerable time ago and no claim has been made; your Petitioner would advertise six months if necessary, Providing Your Excellency would be pleased to favour me with a Grant of said lot if then found free from all encumbrances. And your Petitioner as in duty bound will ever pray George Barclay York 10~ May 1824 Upper Canada Land Petitions. NAC: C-4613). Minutes of the Haldimand Baptist Association, 1824 "1. Met at eleven o'clock a.m. Elder Abraham Sloot delivered the Introductory Sermon from St. Luke 13 and 14 .... 2. Chose Elder George Barclay, Moderator, and Brother Isaac N. Reed, Clerk. 15. Appointed Elder Barclay, Deacon Still, Caleb Elsworth, Peter Degear, Jabez Hall, and Isaac Cummings, to be our Messengers to the Upper Canada Association. 21.1st February--Met according to appointment.--After closing the business of the Association, Elder Barclay preached from Col. 2 and 6, 'As ye have therefore received Jesus Christ the Lord, so walk ye in him .... '" [The Minutes conclude with a "Circular and Corresponding Letter" sent to all the Association churches. It is signed on behalf of the Association by George Barclay, Moderator and Isaac N. Reed, Clerk.] Minutes of the Haldimand (District of Newcastle) Baptist Association held at Markham on the thirtieth and thirty-first January, and first February, 1824. NAC: RG 5, Al, 66:35157 - 35164. Land Petition, 1825 "Under an Order in Council of 3ra December 1817 two hundred acres of land were granted to a George Barclay a native of Fifeshire, then of Whitchurch in the Home District, schoolmaster, supposed to be the same person with the petitioner--of which 200 acres no location has been made. The lot No. 19 in the 4th concession of Pickering, under Your excellency's Order in Council of the 15th June 1820, was permitted to be claimed under the Commission by the heir at law of Cornelius Burley, the original nominee of the said lot. Surveyor General's Office 9/Feb/1825 Upper Canada Land Petitions. NAC: D. Ridout Sur. Gen. Land Petition, 1825 To His Excellency Sir P. Maitland KCB Lieutenant Governor, etc., etc. The Petition of George Barclay, Baptist Minister Humbly sheweth That your petitioner is a native of Scotland and migrated to this Province in the Year of Our Lord one thousand eight hundred and sixteen has a wife and nine children. Your petitioner made a former application to Your Excellency for a grant of land to his sons and received as answer that he might have land in some of the back townships. May it therefore please Your Excellency to grant unto my sons George, James, David, William and Eli 2 hundred acres each in the Township of Brock or some adjoining Township. and your Petitioner as in duty bound will pray. Pickering 19th April 1825 George Barclay Upper Canada Land Petitions. NAC: B. Misc. 1788-1895, vol. 67 #29 to 1793- 1840, vol. 68 #140, vol. 68 #136. 0 ~.J 34 Minutes of the Gostick Baptist Church, Picketing Township, 1837-1838 "Dec. 8th, 1837. A Dark Cloud has for some Days Been suspended over the City of Toronto, Devoted to Destruction by a misguided faction Led on by the unprincipled McKenzie, the tool of a few influential Democrats. To-day the Cloud had Burst and overwhelmed the Assailants with Confusion and Dismay. Prayer has been heard; the City is spared and we are call'd upon to Bless God that tho surrounded by the Disaffected not one individual connected with this Place of worship Has taken any Part in their Rebellious proceedings and to Record our Humble Hope that Peace and tranquillity may be speedily Restored." "Feb. 6th, 1838. This being the Day fix'd by His Excellency the Governor as a Day of General Thanksgiving for the interposition of Divine providence By which the Late Rebellion has been Quell'd we submit to this tho an ordinance of man for the Lord's Sake Not because we Recognize Human Authority in matters of Religion But Because we think the spirit of the Governor's Requisition in this matter Requires nothing of us but what we owe and feel bound to render to our Lord Jesus Christ we therefore met on this Day for Prayer and Thanksgiving when an address was delivered by T. Gostick from Psalm 124, verses 6-7." Entries in the records of the Gostick Baptist Church, Eighth Concession, Picketing Township, as quoted in Wood, pp. 31-32. Census Record, 1851-1852 Occup. Place Religion Age George Barclay Farmer Scotland Baptist 72 Jane Barclay do do 73 Ely Barclay Farmer C.W. do 27 Mary Ann Barclay England do 27 Elisa Barclay C.W. do 2 Joshua Barclay do do 16 Harriet Walker do do 14 Log House, 1 storey Census Records, Picketing Township, 1851-52, p. 153 35 131 Meeting of School Section No. 12 (Mount Pleasant School, Lot 23, rear Concession 6), 1854 [George Barclay was named chairman. It was decided that each scholar should pay ls. 3d. per month.] "It was moved and seconded and unanimously resolved that the Bible and Testament are fit and proper books to be used as school books along with the authorized books and are not to be excluded from this school." Records of School Section No. 12, for 11 January 1854, as quoted in Wood, p. 174. Inventory of George Barclay's Estate, 1859 An Inventory of the Personal Estate of the Late George Barclay lately of the Township of Pickering in the County of Ontario in the Province of Canada yeoman, deceased intestate taken and appraised by John Miller and Ira Sharrard both of the said Township of Pickering, yeomen, in the presence and at the desire and request of the executors of the said George Barclay, deceased and of Janet Barclay born Tully the widow of the said George Barclay this 28 day of June in the year 1859 One mare $100 One Buggy and harness 70 Two cows 36 Household furniture 40 $246 We the undersigned John Miller and Ira Sharrard above named having taken upon ourselves at the request of Janet Barclay, born Tully the widow of the above named George Barclay deceased and in her presence to appraise the value of the personal property, goods, and chattels exhibited to us by his said widow, as the whole of such property which were of the said George Barclay at the time of his decease do hereby certify and declare that the statement above written is just true impartial and correct according to our respective ability knowledge and belief. In witness whereof we have hereto set our hands and seals this 28th day of June in the year 1859. [Signed:] John Miller and Ira Sharrard Pickering Township Papers. PAO: MS 658, Reels 393-395. 132 36 SOURCES Manuscripts: Abstract Index to Deeds, Land Registry Office, Whitby. "An Appraisal of the Helen Beatrice Auld Property." Borden and Elliot, Barristers and Solicitors, 1977. Barclay, Charles A. "Elder George Barclay." c1911. Barclay, Charles A. "Rev. George Barclay." c1911. With corrections by K.R. Barclay Bowley. Canadian Baptist Archives, McMaster Divinity College, Hamilton, ON. Census Records, Town of Pickering, 1851-52. Home District Marriage Register, 1: 16. PAO. Letterbooks of Divisional Inspectors [Post Office]. Vol. 572 (1838-39), Item 69 (pp. 40-41); Item 191 (p. 144). NAC: T 4539. Minutes of the Haldimand (District of Newcastle) Baptist Association. NAC: RG 5, Al, 66: 35157 - 35164 (mfm C-4613). Minutes of the Pickering Township Council, 1811-1876. PAO: MS 281 (1). Pickering Township Papers. PAO: MS 658 Reels 393-395. Rosenthal, Max. "Early Post Offices in Pickering Township." 1965. Scots Ancestry Research Society. "Report on the Ancestry of James Barclay .... "Edinburgh, 19 October 1954. Upper Canada State Papers. NAC: RG 1, E3, 33:61-63 (mfm C-1193) and 64:236-257 (mfm C- 1198). Will of George Barclay. PAO: RG 22, ser. 264; and Land Registry Office, Whitby: reg. A, no. 138. 37 133 Books: Barclay, Kathleen Richmond. The Twlles Sampler, 1793. Peterborough, ON: Privately published, 1999. Buckles, Jane. Historic Pickering. [Pickering:] Privately published, 1972. Burton, C.L. A Sense of Urgency: Memoirs of a Canadian Merchant. Toronto: Clarke, Irwin and Company, 1952. Fuller, Robert M. and Kathleen Bowley. Barclays of Pickering. Windsor, ON: Privately published, 1976. Higgins, W.H. The Life and Times of Joseph Gould. Toronto: Fitzhenry and Whiteside, 1972. Illustrated Historical Atlas of the County of Ontario, Ont. Toronto: J.H. Beers, 1877. Johnson, Leo A. History of the County of Ontario 1615-1875. Whitby: The Corporation of the County of Ontario, 1973. McKay, William A. The Pickering Story. Pickering: Township of Pickering Historical Society, 1961. Miller, Robert A. The Ontario Village of Brougham: Past.t Present.t Future ? Brougham: The Author, 1973. Read, Colin and Ronald J. Stagg (ed). The Rebellion of 1837 in Upper Canada. Ottawa: Carleton University Press, 1988. Sabean, John W. Time Present and Time Past: A Pictorial History of Pickering. Picketing: Altona Editions, 2000. Walton, George. The City of Toronto and the Home District Commercial Directory and Register. Toronto: T. Dalton and W.J. Coates, 1837. Wood, William R. Past Years in Pickering. Toronto: William Briggs, 1911. Yost Associates, G.M. Architectural Evaluation of the North Picketing Project and the Toronto Area Airports Project Sites. 2nd ed. June 1974. 134 Articles: "Another Rebellion Box." Families 29, 3 (1990), 158. 38 Miller, Orlo. "Descendant of Famous Barclay Family Clerk of Lobo Tp. 57 Years." The Free Press (London, Ontario) Saturday, 27 January 1934, p. 8. Phillipson, J.C. "Burton, Eli Franklin," The Canadian Encyclopedia: Year 2000 Edition. Toronto: McClelland & Stewart, 1999. P. 330. Stagg, Ronald J. "Barclay, George." in Dictionary of Canadian Biography 8: 61. Maps Atlas of Ontario County, Province of Ontario. Toronto: Chas. E. Goad, 1895. Guidal Landowners' Map of Pickering Township. Map and Advertising Co., 1917. Ridout, Thomas. Picketing Township Map. 1823. PAO: A.23. Smith, George. Map of Pickering Township: Centennial Souvenir. Picketing: Picketing Township Historical Society, 1967. Tremaine ' s Map of the County of Ontario, Upper Canada. Drawn by John Schier. Toronto: George C. Tremaine, 1860. RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report CS 58-04 of the Director, Corporate Services & Treasurer concerning Section 354/357/358 of the Municipal Act - Adjustment to Taxes, be received; and That the write-off of taxes as provided under Section 354/357/358 of the Municipal Act, 2001 be approved; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. 136 PICK REPORT TO EXECUTIVE COMMITTEE Report Number: CS 58-04 Date: November 26, 2004 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Section 354/357/358 of the Municipal Act- Adjustment to Taxes Recommendation: 1. It is recommended that Report CS 58-04 of the Director, Corporate Services & Treasurer be received and that: 2. the write-offs of taxes as provided under Section 354/357/358 of the Municipal Act, 2001 be approved; and, 3. the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Executive Summary: Not Applicable Financial Implications: If approved, the write-off of taxes as contained in this report represents a gross cost of $10,162.78 with a net cost to the City of approximately $2,609.90, the balance being charged back to the Region of Durham and the School Boards. Pickering's share of the costs will be charged to the 2004 Current Budget allocation under General Government - Provision for Uncollectable Taxes. The 2004 recommended budget provision is $173,163 and $144,624 including the abo~e has been spent to date. Background: The Municipal Act provides the Treasurer with various tax tools regarding the administration and collection of property taxes. Under the provisions of the new Municipal Act, 2001, as amended, Section 357 of the Act (formerly Section 442) provides for the reduction of taxes due to fire, demolition, exemption, assessment change or error and the tax reduction is applicable to the current year only. Section 358 of the new Municipal Act (formerly Section 443) allows for the reduction of taxes due to assessment error and this section can be applied to property taxes for the two preceding years (2002 & 2003). Section 354 allows for removal of unpaid taxes due to a clerical error by MPAC. When a government body such as the City of Pickering, Region of Durham, Province of Ontario or Government of Canada acquires property, the property 'becomes exempt Report CS 58-04 Date: November 26, 2004 Subject: Section 357/358 of the Municipal Act- Adjustment to Taxes Page 2 137 from taxation and therefore, the taxes have to be cancelled, as reflected in the attached report. Demolitions, and other physical changes to a property, such as removing or filling in a swimming pool, or damage caused by fire result in a reduction in assessment and taxes. Attachments: 1. Section 354/357/358 Adjustment to Taxes Prepared By: Tax Analyst Approved / Endorsed By: GAP:tp Attachment Copy: Chief Administrative Officer Recommended~ ~tion of 'O-~icer Gillis A. Paterson Director, Corporate Services & Treasurer 138 ATTACHMENT #~TO REPORT #~ ~'0 q. I.[1 RECOMMENDATION OF THE EXECUTIVE COMMITTEE 139 DATE MOVED BY SECONDED BY That Report OES 38-04 recommending Regional Road construction priorities within the City of Pickering be received, endorsed and forwarded to the Regional Municipality of Durham requesting that its recommendations be considered in the 2005 Budget and Four-Year Capital Forecast. 140 PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: OES 38-04 Date: November 19, 2004 From: Richard W. Holborn, P.Eng. Division Head Municipal Property & Engineering Subject: Construction Priorities for Regional Roads - Within the City of Pickering Recommendation: That Report OES 38-04 recommending Regional Road construction priorities within the City of Pickering be received, endorsed and forwarded to the Regional Municipality of Durham requesting that its recommendations be considered in the 2005 Budget and Four-Year Capital Forecast. Executive Summary: The following Regional Road construction priorities listed' in the table below, identify the City's priorities for consideration by the Region of Durham. PRIORITY ROAD NAME IMPROVEMENT REQUIREMENTS 1 BROCK ROAD Widening from Dellbrook Avenue to Fifth Concession Road including CPR Grade Separation south of Taunton Road to address impacts created by the construction of Hwy. 407. 2 ALTONA ROAD Widening from Kingston Road to Strouds Lane from 2 to 4 lanes. 3 KINGSTON ROAD Corridor Improvements from Walnut Lane to Glenanna Road as per recommendations from the Kingston Road Corridor Study. 4 WHITES ROAD Widening from Oklahoma Drive to Hwy. 401 from 2 to 4 lanes including Intersection Improvements at Oklahoma Drive/Granite Court. 5 BROCK ROAD Widening from Bayl¥ Street to Finch Avenue from 5 to 7 lanes (immediate need for additional southbound lane from Kingston Road to Highway 401). 6 FINCH AVENUE Intersection Improvements and Signalization at Rosebank Road. Report OES 38-04 Subject: Construction Priorities for Regional Roads - Within the City of Pickering Date: November 19, 2004 Page 2 141 7 BROCK ROAD Widening from Fifth Concession Road to North of Hwy, 7 from 2 to 4 lanes (the Brougham By- ... pass). 8 KINGSTON ROAD Corridor Improvements from Steeple Hill to Delta Boulevard as per recommendations from the Kingston Road Corridor StUdy. 9 KINGSTON ROAD Corridor Improvements from Dixie Road to Fairport Road as per recommendations from the Kingston Road Corridor Study. 10 KINGSTON ROAD Corridor Improvements from Brock Road to Notion Road as per recommendations from the Kingston Road Corridor Study. 11 FINCH AVENUE Intersection & Signalization Improvements at Liverpool Road. 12 BAYLY STREET Intersection Improvements at Sandy Beach Road. Financial Implications: Regional Road construction costs are borne entirely by the Regional Municipality of Durham with the exception of streetlights, sidewalks and some aesthetic improvements. Traffic Control Signals at intersections on Regional Roads that do not meet warrants require funding to be provided by others. Background: The Municipal Property & Engineering Division of the Operations & Emergency Services Department annually reviews and recommends the Regional Road construction priorities for Council's consideration. The last report, OES 39-03 'was considered at the January 19, 2004 Council meeting, Resolution 1/04 Item #1. It was forwarded to the Region for their consideration for the 2004 budget and Four-Year Capital Forecast. This report is being presented to City Council for their endorsement, and is to be forwarded to the Regional Municipality of Durham for their information and input to their 2005 Budget and Four-Year Forecast. The Executive Summary is a list of the City's top priorities of the Durham Regional Roads within or along the boundaries of the City of Pickering. The report has been reviewed and discussed with the City's Planning & Development Department and their input has been incorporated. The following is a list of all Regional Roads within the City of Pickering boundary limits and are listed in order of Regional Road number. It is provided for information only. 142 Report OES 38-04 Subject: Construction Priorities for Regional Roads - Within the City of Pickering Date: November 19, 2004 Page 3 RR #1 RR Hwy. 2 RR #4 RR #5 RR #22 RR #23 RR #24 RR #27 RR #29 RR #31 RR #37 RR #38 Taunton Road Brock Road from Montgomery Park Road to Uxbridge Townline Kingston Road from Toronto border (Rouge River) to Ajax boundary from Markham Townline (York Road #30) to Ajax boundary Concession 9 Road (Cent'ral Street) from Markham Townline (York Road #30) to RR #23 (Lakeridge Road) Whitby boundary Bayly Street from RR #38 (Whites Road) to RR #24 (Church Street) Ajax boundary Lakeridge Road from Ajax boundary (Conc. 5 Road) to Uxbridge Townline (Conc. 10 Road) Church Street from RR #22 (Bayly Street) to Ajax boundary (CN Rail line) Altona Road from RR #2 (Kingston Road) to Whitevale Road thence westerly to Markham Townline (York Road #30) Liverpool Road from RR #22 Bayly Street to RR #37 Finch Avenue Westne¥ Road from Fifth Concession Road (Ajax boundary) to Seventh Concession Road, thence westerly to RR #1 Brock Road Finch Avenue Whites Road Road) from RR #27 Altona Road to RR #1 Brock Road from south of Broadgreen Street to R.R. #4 (Taunton Report OES 38-04 Subject: Construction Priorities for Regional Roads - Within the City of Pickering Date: November 19, 2004 Page 4 Prepared By: Approved / Endorsed~,By: ~li.¢~'a'r~l W. I--~"born, P.Eng. ,Division Head ~/?Municipal Property & Engineering Everett~,ut~tsm (Acting) Chief Administrative Officer DS:ko Copy: Chief Administrative Officer Director, Planning & Development Recommended for the consideration of Pickering ~ Thomas J. C~Uinn, U-~'hief Administrative Officer 144 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report CAO 05-04 regarding the Flag Protocol Policy for The Corporation of the City of Pickering be received; and That Council endorse the Flag Protocol as set out in the Flag Protocol Policy and Procedure. REPORT TO EXECUTIVE COMMITTEE Report Number: CAO 05-04 Date: November 8, 2004 145 From: Everett Buntsma (Acting) Chief Administrative Officer Subject: Flag Protocol Policy/Procedure File: A-3100-001 A-1010-001 Recommendation: 1. That Report CAO-05-04 regarding the Flag Protocol Policy for The Corporation of the City of Pickering be received; and that 2. Council endorse the Flag Protocol as set out in the Flag Protocol Policy and Procedure. Executive Summary: The Corporation of the City of Pickering is committed to ensuring that the protocol by which flags are flown at City Hall and its properties follows the rules applied by the Federal Government, as established by the Department of Canadian Heritage, and those established by the Government of Ontario Office of International Relations and Protocol (OIRP). Financial Implications: Not Applicable Background: In an effort to ensure applicable protocols are followed, a City Policy was prepared outlining protocols and procedures for: · Half-Masting of Flags, · Displaying Flags / Flag Raisings, · Flag Placement Etiquette, and · Flag Maintenance. The Policy was prepared in accordance with Federal and Provincial Protocols, and in consultation with GTA municipalities. 146 Report CAO 05-04 Flag Protocol/Policy Date: November 8, 2004 Page 2 Criteria has been established to ensure communication to the public and staff, and streamline the process and responsibilities. Of particular interest are the guidelines for the half-masting of flags. Flags are flown at half-mast as a sign of respect and condolence, or to commemorate significant dates. The flags at City properties shall only be flown at half-mast on: · the death · the death · the death · the death · · of the Mayor, of a Member of Council, of a current City of Pickering employee, of a former Mayor, the death of the Chair of the Regional Municipality of Durham, or on the direction of the majority of Members of Council, and in accordance with the Federal and Provincial protocol, flags will also be flown at half-mast on: · the death of the Sovereign or a member of the Royal Family related to the Sovereign (spouse, son or daughter, father, mother, brother, sister), the Governor General, the Prime Minister, a former Governor General or Prime Minister; · the death of the Lieutenant Governor, the Premier of Ontario or another person similarly honoured by the Province of Ontario; and · the death of the local Member of Parliament or local Member of Provincial Parliament, and flags will also be flown at half-mast, in recognition of the following dates: · November 11, Remembrance Day (the flag is to be flown at half mast from 11:00 am to coincide with the start of the Ceremony at the National War Memorial). · April 28, the Day of Mourning for Persons Killed or Injured in the Workplace; and · December 6, the National Day of Remembrance and Action on Violence Against Women All other criteria and processes are identified in the attached Policy. This Policy has been reviewed and endorsed by the Board of Management and the Policy Coordinating Committee. CORP0227-07/01 Report CAO 05-04 Flag Protocol/Policy Date: NoVember 8, 2004 Page 3 147 Attachments: ¸1. Flag Protocol/Procedure Prepared By: Manager, Customer & Administrative Services Approved, En..d~e..~d By:,/ (Acting) C Administrative Officer EB:jh Attachments Copy: Chief Administrative Officer City Clerk Division Head, Culture & Recreation .,Thomas J. ~qnn, I r~ !i~'consideration of ;f Administrative Officer CORP0227-07/01 148 I ATTACHMENT#,I TO REPORT# , CITY POLICY/PROCEDURE Approval: Reference: Policy Title: Date Originated: Date Revised: FLAG PROTOCOL/PROCEDURE Policy Number: Classification: Category: 001/001 Subject: POLICY STATEMENT: The Corporation of the City of Pickering (the City) is committed to ensuring that the protocol by which flags are flown at City Hall and its properties follows the rules applied by the Federal Government, as established by the Department of Canadian Heritage, and City of Pickering Protocol/Procedures. POLICY OBJECTIVE: The objective of this Policy is to convey protocol for: 2. 3. 4. Half-masting of flags, Displaying Flags/Flag raisings, Flag Placement Etiquette, and Flag Maintenance. GENERAL: 01 Definitions: 01.01 01.02 01.03 01.04 After-Hours - refers to anytime after regular business hours at City Hall. City Hall - refers to the Pickering Civic Complex. City Properties - City facilities including: Pickering Museum Village, Operations Centre, all Fire Halls, and any other facilities, or city-owned lands. Death - may be taken to include the day of death and up to and including the day of the funeral. Page 1 of 9 CITY POLICY/PROCEDURE Approval: Reference: Date Originated: Date Revised: Policy Number: Classification: Category: Subject: 001/001 Policy Title: FLAG PROTOCOL / PROCEDURE 01.05 01.06 01.07 01.08 Courtesy Flagpole - The courtesy flagpole can be identified as the flag at City Hall that normally holds the Provincial Flag. This flagpole is considered our "guest flagpole", and will be used to hold flags of other nations, or for awareness campaigns. Half-mast Position - The flag is brought to the half-mast position by first raising it to the top of the mast, then immediately lowering it slowly to the half-mast position. Flag-raising - A scheduled event whereby the Mayor, Members of Council or designate convene at City Hall to raise a flag (in accordance with the Policy). Sovereiqn - The supreme ruler / monarchy of a country. 02 Responsibilities: 02.01 Council to: 02.02 (a) Actively support this Policy. (b) Approve this Policy, and required from time to time. Chief Administrative Officer to: (a) (b) any Actively support this Policy. Provide direction, notification application of the Policy. amendments, as and consistent Page 2 of 9 150 [ATTACHMENT#. I TO REPDRT c' i'[ CITY POLICY/PROCEDURE Approval: Reference: Date Originated: Date Revised: Policy Number: Classification: Category: Subject: 001/001 Policy Title: FLAG PROTOCOL / PROCEDURE 02.03 02.04 02.05 02.06 Director, Operations & Emergency Services: (a) Actively support this Policy. (b) Provide direction to Facilities staff during after-hours in the absence of the Division Head, Culture & Recreation in the event of special circumstances not identified in this Policy. Division Head, Culture & Recreation: (a) Actively support this Policy. (b) Provide direction to facilities staff during after-hours in the event of special circumstances not identified in the policy. City Clerk: (a) Actively support this Policy. (b) Approve requests to use the courtesy flagpole at City Hall. (c) Notify Supervisor, Facilities Operations and Office of the CAO of approved requests. (d) Notify the Mayor's Office to coordinate a flag-raising ceremony if requested. Manager, Customer & Administrative Services: (a) Actively support this Policy. Page 3 of 9 IATTACHMENT#i TO REPORT CITY POLICY/PROCEDURE 151' Approval: Reference: Date Originated: Date Revised: Policy Number: Classification: Category: Subject: 001/001 Policy Title: FLAG PROTOCOL / PROCEDURE 02.06 03 Protocol: (b) Communicate flag-raising and half-masting to staff and post details on the website for public information (when possible). 03.01 SuPervisor, Facilities Operations (a) Actively support this Policy. (b) (c) Coordinate the lowering and raising of flags (during both regular business hours and after-hours) at City properties. Coordinate the maintenance 0f flags and flagpoles. Flags are symbols that identify people belonging to a group. The National Flag of Canada and the flags of the provinces and territories are symbols of honour and pride for all Canadians. The Canadian flag (when flown in Canada) always takes precedence over all other national flags. The only flags to which precedence is given over the Canadian flag are the personal standards of members of the Royal Family and of Her Majesty's representatives in Canada. Half-masting: - Flags are flown at the half-mast position as a sign of respect and condolence or to commemorate significant dates. The flags flown at City properties shall only be flown at half-mast on: · the death · the death · the death · the death · · of the Mayor, of a Member of Council, of a current City of Pickering employee, of a former Mayor, the death of the Chair of the Regional Municipality of Durham, on the direction of the majority of Members of Council, Page 4 of 9 15£ CITY POLICY/PROCEDURE Approval: Reference: Date Originated: Date Revised: Policy Number: Classification: Category: Subject: 001/001 Policy Title: FLAG PROTOCOL / PROCEDURE and in accordance with Federal and Provincial protocol, flags will also be flown at half-mast on: · the death of the Sovereign or a member of the Royal Family related to the Sovereign (spouse, son or daughter, father, mother, brother, sister), the Governor General, the Prime Minister, a former Governor General, a former Prime Minister, or a Federal Cabinet Minister; · the death of the Lieutenant Governor, the Premier of Ontario or another person similarly honoured by the Province of Ontario; and · the death of the local Member of Parliament or local Member of Provincial Parliament, and flags will also be flown at half-mast, in recognition of the following dates: · November 11, Remembrance Day. (The flag is to be flown at half- mast from 11:00 am to coinCide with the start of the ceremony at the National War Memorial). · April 28, the Day of Mourning for Persons Killed or Injured in the Workplace; and · December 6, the National Day of Remembrance and Action on Violence Against Women. 03.02 Process for Half-mastinq - For circumstances not identified in the criteria outlined in 03.01, the Office of the CAO shall notify all departments regarding the half-masting of flags with respect to the location, the reason and the duration that the flag will be flown at half- mast. Department contacts responsible for facilities and City properties shall lower and raise the flags upon receipt of the appropriate notification. (a) During regular business hours notification will be sent by the Office of the CAO to the Supervisor, Facilities Operations. The following staff will be copied on the request: Page 5 of 9 CITY POLICY/PROCEDURE 153 Approval: Reference: Date Originated: Date Revised: Policy Number: Classification: Category: Subject: 001/001 Policy Title: FLAG PROTOCOL / PROCEDURE · Director, Operations & Emergency Services · Division Head, Culture & Recreation · City Clerk (b) After-hours notification will be the responsibility of the Division Head, Culture & Recreation and Supervisor, Facilities Operations to follow up accordingly, based on the protocol information and reference information (see Appendix 2). For special circumstances not identified in the Policy may be referred to the Director, Operations & Emergency Services or the CAO if necessary. 03.03 City Properties - Half-masting of flags must be effected at all City properties. Culture & Recreation staff will notify the Operations Centre and Fire Halls to ensure flags are attended to accordingly. 03.04 Notification to Staff / Public - Time and circumstances permitting, information will be posted on the City's website for the public's information. An email will be sent by the Office of the CAO notifying staff to enable them to respond to any public enquiries. 04 Displaying Fla_qs / Fla.q Raisinq~ 04.01 The courtesy flagpole at City Hall, only, will be used for the display of flags or flag raisings. (a) Requests for displaying flags and flag raisings, may be approved for: · non-profit or charitable organizations; · recognition of a state visiting the Mayor and Members of Council; and · public awareness campaigns. (b) Requests for displaying of flags and flag raisings shall not be approved for: · political parties or political organizations; Page 6 of 9 154 TO REPORT CITY POLICY/PROCEDURE Approval: Reference: Date Originated: Date Revised: Policy Number: Classification: Category: Subject: 001/001 Policy Title: FLAG PROTOCOL / PROCEDURE 04.02 04.03 · religious organizations or the celebration of religious events; · if the intent is to defame the integrity of Pickering Council; or · if the event or organization has no direct relationship to the City of Pickering. Process for Displaying Flags/Flag Raisings - Requests to use the courtesy flagpole at City Hall must be submitted by application to the Clerk's Division and will be confirmed on a first come, first served basis. Application requests must include the following information: · organization name, address, contact, title, email telephone and fax numbers; · proposed date and time (not to exceed one month); · identify whether request is for displaying a flag raising; and · type of flag to be raised. address, and/or flag The application will also be available on the City's website: cityofpickering.com (See Appendix 2). Notification to Staff / Public - Time and circumstances permitting, information will be posted on the City's website for the public's information. An email will be sent by the Office of the CAO notifying staff to enable them to respond to any public enquiries. O5 05.01 Flag Placement Etiquette Position of Honour ~ Due consideration shall be given to flag etiquette and precedence whenever the National Flag of Canada or other sovereign national flag or provincial/territorial flag is displayed. Page 7 of 9 IATTACHMENT# I TO REPORT CITY POLICY/PROCEDURE 155 Approval: Reference: Date Originated: Date Revised: ,,, Policy Number: Classification: Category: Subject: 001/001 Policy Title: FLAG PROTOCOL / PROCEDURE (a) (b) Alone - When the National Flag of Canada is flown alone, on top of, or in front of a building where there are two flagpoles, it should be flown on the flagpole to the left. When the National Flag of Canada is flown alone, on top of, or in front of a building where there are more than two flagpoles, it should be flown as near as possible to the centre. With flags of sovereign nations, provinces/territories, international organizations, cities, companies, etc. ~ When flown with other flags, all flags should be flown on separate flagpoles and at the same height, all being of the same size, with the National Flag of Canada occupying the position of honour (the National Flag shall not be larger than the other flags). (c) With another flag, the National Flag of Canada should be on the left, and both flags should be at the same height. (d) With three flags - According to the North American Flag Protocol Etiquette, as reported by the Public Works Department in Ottawa, when three flags are displayed, the National Flag of Canada is placed in the centre. While facing the display, (i.e. viewing a building from the street), the Provincial flag is positioned on the left, and the Municipal flag is positioned on the right. (e) No more than one flag shall be displayed on each flagpole. O6 06.01 Half-mastinq for Mourninq (a) The flag is brought to the half-mast position by first raising it to the top of the mast then immediately lowering it slowly to the half-mast poSition; The position of the flag when flying at half-mast will depend on the size of the flag and the length of the flagstaff. It Page 8 of 9 CITY POLICY/PROCEDURE Approval: Reference: Policy Title: Date Originated: Date Revised: FLAG PROTOCOL/PROCEDURE Policy Number: Classification: Category: Subject: 001/001 must be lowered at least to a position recognizably "half-mast" to avoid the appearance of a flag, which has accidentally fallen away from the top of the mast owing to a loose flag rope. (b) Under no circumstances should any flag surrounding the Canadian Flag. fly at a higher level than the National Flag of Canada. Hence, all flags will fly at half-mast upon the lowering of the Canadian Flag. (c) When half-masting a flag upon the death of a City employee, only the municipal flag shall be lowered at City Hall. Direction to lower flags at other properties will be determined by the Chief Administrative Officer. 07 Fla,q Maintenance 07.01 Civic Complex flags shall be checked on a weekly basis to ensure they are in good repair, and shall be replaced semi-annually or as required. Claremont Community Centre and the Museum flags are checked monthly. Flags at Fire Halls are raised and lowered daily and are checked accordingly. 07.02 Flagpoles are to be maintained, painted and replaced as required. Page 9 of 9 IATTACHMENT # Protocol Resource Contacts REPORT 157 Appendix 1 Public Works & Government Services Canada website 613.993.5587 pwgsc.gc.ca Canadian Heritage 819.994.1616 819.994.2453 Government of Ontario Office of International Relations and Protocol (OIRP) Ministry of Economic Trade and Tourism 416.325.8535 416.325.8511 Toronto Protocol Office 416.392.7666 website toronto.ca/protocol email protocol@toronto.on.ca 158 IATTAcHMENT # SAMPLE ....... Appendix 2 Raising / Display Contact Name Address Organization/Group Name Address Telephone Number City Telephone Number City Other Contact Numbers (i.e. email, fax) Province Postal Code Other Contact Numbers (i.e. email, fax) Province Postal Code Are you representing a non-profit or cl~aritable organiz ation'? [] yes [] no Is t~is request for a [] Flag Display [] Flag Raising Ceremony Please describe the purpose of the flag raising ceremony/flag display Date(s) t From (dd/mm/yy) To (dd/mm/yy) Requested I Type of Flag: Additional Information / Comments Applicant's Signature Date City Clerk's signature Date [] Approved [] Denied Notification [] Facilities [] Office of the CAO [] Mayor's Office (to coordinate flag raising ceremony if requested) Personal information on this form is coflected under the authority of Section 8 of the Municipal Act, S. O. 2001, c. 25, as amended, and shall be used to administer the raising and display of flags for our community. Questions about this collection should be directed to the City Clerk, One The Esplanade, Picketing, ON L1V 6K7, 905.420.4611. CL0405-09/16