HomeMy WebLinkAboutMay 17, 2010
CiN o¢~
Council Meeting
PI ~KERI Agenda
Monday, May 17, 2010
Council Chambers
7:30 pm
1) INVOCATION
Mayor Ryan will call the meeting to order and lead Council in the
saying of the Invocation.
11) DISCLOSURE OF INTEREST
III) ADOPTION OF MINUTES PAGE
Special In Camera Council Minutes, April 19, 2010 Under Separate Cover
Council Minutes, April 19, 2010 1-19
Planning & Development Committee Minutes, May 3, 2010 20-23
In Camera Executive Committee Minutes, May 10, 2010 Under Separate Cover
Executive Committee Minutes, May 10, 2010 24-33
IV) PRESENTATIONS 34
V) DELEGATIONS 35
VI) CORRESPONDENCE 36-64
VII) COMMITTEE REPORTS 65-70
a) Report 2010-04 of the Planning & Development Committee
b) Report 2010-04 of the Executive Committee
VIII) REPORTS - NEW AND UNFINISHED BUSINESS 71-109
IX) MOTIONS AND NOTICE OF MOTIONS 110-111
X) BY-LAWS 112-136.
XI) OTHER BUSINESS
XII) CONFIRMATION BY-LAW
Accessible M For information related to accessibility requirements please contact
P IC K G N G Pho eR 905.420.4660 extension 2928
TTY: 905.420.1739
Email: Iroberts ci.citvofpickerina.com
FOR INFORMATION ONLY
• Minutes of the Committee of Adjustment, April 7, 2010
• Minutes of the Heritage Pickering Advisory Committee, April 20, 2010
• Minutes of the Sustainable Pickering Advisory Committee, April 28, 2010
0 Minutes of the Accessibility Advisory Committee, April 28, 2010
Crrf Council Meeting Minutes
Monday, April 19, 2010
MCXE 7:30 PM
Council Chambers
01
PRESENT:
Mayor David Ryan
COUNCILLORS:
D. Dickerson
R.Johnson
B. Littley
B. McLean
J. O'Connell
D. Pickles
ALSO PRESENT:
T. Quinn - Chief Administrative Officer
N. Carroll - Director, Planning & Development
T. Melymuk - Director, Office of Sustainability
G. Paterson - Director, Corporate Services & Treasurer
T. Prevedel - Division Head, Operations & Facilities
D. Shields - City Clerk
L. Roberts Committee Coordinator
(1) INVOCATION
Mayor Ryan called the meeting to order and led Council in the saying of the
Invocation.
(II) DISCLOSURE OF INTEREST
No disclosures of interest were noted.
(III) ADOPTION OF MINUTES
Resolution #62/10
Moved by Councillor Johnson
Seconded by Councillor McLean
Council Minutes, March 8, 2010
Special In Camera Council Minutes, March 8, 2010
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02 Special Council Minutes, March 29, 2010
Planning & Development Committee Minutes, April 6, 2010
Executive Committee Minutes, April 12, 2010
CARRIED
(IV) DELEGATIONS
1. Karina Clendenning
PAC4Teens
Re: National Youth Week
Karina Clendenning, PAC4Teens appeared before Council and provided a review of
the projects PAC4Teens had been involved with as well as an overview of upcoming
projects with the aid of a power point presentation. She provided an outline of the
group's activities and explained the programs they were involved with. She also noted
the City had launched FACEBOOK in June 2008 and recently TWITTER as well which
continues to obtain new followers every day.
2. Terry Dorgan
Re: Fair Wage Policy for the City of Pickering
Terry Dorgan appeared before Council outlining his request for the City of Pickering to
review their Fair Wage Policy. He noted that other municipalities had reviewed and
updated their Fair Wage Policies and stated that the City of Pickering's policy was
outdated. He informed Council that he would be happy to work with staff in this
regard.
A brief question and answer period ensued..
3. Keith Falconer, Chair
Gwelda MacDonald-Tuttle .
Accessibility Advisory Committee
2009 Annual Report and 2010 Work Plan
Keith Falconer, Chair, Accessibility Advisory Committee appeared before Council
and introduced members of the Committee that were present. He outlined the role
and purpose of the Committee and provided an overview of their plans for 2010.
He then introduced Gwelda MacDonald-Tuttle who presented the 2009 Annual
Report and 2010 Work Plan with the aid of a power point presentation. She also
outlined their plans for an upcoming accessibility forum that the Committee is
planning for next year.
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A question and answer period ensued.
4. a) Peter Rodrigues
Re: Ballot Question Regarding Proposed Pickering Airport
Peter Rodrigues, a resident of Whitevale, appeared before Council with respect to
the ballot question regarding the proposed Pickering Airport. He noted that he had
concerns with the clarity of the question. He stated that there were many
documents which indicated a downward trend in the airline business and noted
there were numerous protests against an airport. He also stated that no one was
coming forward wanting an airport and felt that due to the confusion of what the
question was asking he requested that the question be withdrawn.
b) Catherine Beattie
Re: Ballot Question Regarding Proposed Pickering Airport
Catherine Beattie, Pickering resident, appeared before Council also indicating her
concerns with the question on the ballot and also requested that it be removed from
the ballot or reworded differently. She noted her concerns regarding the clarity of
the question as well as the notification process for the public meetings.
c) Mary Delaney, Co-Chair, Land Over Landings
Re: Ballot Question Regarding Pickering Airport
Mary Delaney, Co-Chair, Land Over Landings, appeared before Council and
provided an overview of the appeal to the By-law which had been submitted to the
City regarding the ballot question. She indicated her concern as well for the lack of
notice provided in respect to the public meetings. Ms. Delaney did note that she
understood that the required procedures were followed but, also noted that lack of
attendance at the public meeting on this issue should have indicated that residents
were not aware of the public meeting. She informed Council that most residents in
the northern areas do not receive the Wednesday edition of the News Advertiser, do
not have Rogers Cable and many do not have access to the internet, making it
difficult to be advised through these means. She noted the second part of the
appeal deals with the confusing nature of the question, being ambiguous and
unclear. She indicated that she would like to see the question removed from the
ballot, but if it is not removed, the wording needs to be changed.
A question and answer period ensued with respect to the options available and any
further action with regards to the question on the ballot.
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Resolution #63/10
Moved by Councillor O'Connell
Seconded by Councillor McLean
That the rules of procedure be suspended in order to allow for the following
delegations;
John Mutton
David Steele
MOTION DEFEATED
ON A RECORDED
VOTE
YES NO
Councillor McLean Councillor Dickerson
Councillor O'Connell Councillor Johnson
Councillor Littley
Councillor Pickles
Mayor Ryan
(V) CORRESPONDENCE
1. CORR. 28-10
MARION E. IRWIN
SECRETARY OF THE BOARD
COMMUNITY JUSTICE ALTERNATIVES
700 Finley Ave., Unit 4
Ajax, ON L1 S 3Z2
A brief discussion period took place respecting the positive aspects of the
Community Justice Alternatives organization.
Resolution #64/10
Moved by Councillor Dickerson
Seconded by Councillor McLean
1. That the City of Pickering provide a grant in the amount of $750.00 to
Community Justice Alternatives to expand their services;
2. That provisions for this grant allotment be included in future budgets; and
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3. That the appropriate City officials be authorized to take the necessary
actions to give effect thereto.
CARRIED
2. CORR. 29-10
TERRY DORGAN, BUSINESS AGENT
IBEW LOCAL 894
Resolution #65/10
Moved by Councillor Johnson
Seconded by Councillor Dickerson
That CORR. 29-10 from Terry Dorgan, Business Agent and representative for
Central Ontario Building Trades requesting the City of Pickering review their Fair
Wage Policy By-law in order to update their policy to mirror other municipalities such
as Oshawa and Clarington be referred to staff for a report prior to Council's summer
recess.
CARRIED
3. CORR. 30-10
STEPHEN REYNOLDS
.DIVISION HEAD, CULTURE & RECREATION
CITY OF PICKERING
One The Esplanade
Pickering, ON L1V 6K7
Resolution #66/10
Moved by Councillor Johnson
Seconded by Councillor McLean
That CORR. 30-10 received from Stephen Reynolds, Division Head, Culture &
Recreation on behalf of the Pickering Museum Village Advisory Committee, seeking
Council endorsement to officially name the newly restored heritage building at the
Pickering Museum Village the Brougham Temperance House be endorsed.
CARRIED
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4. CORR. 31-10
KATHY STRANKS
TORONTO AND REGION CONSERVATION
5 Shoreham Drive
Downsview, ON M3N 1S4
Discussion ensued and questions arose with regards to clarification on the contents
of the letters and what exactly the City would be endorsing. Councillor O'Connell
noted concerns with endorsing a proposed policy without the benefit of having the
policy to review and requested further information in this regard.
Moved by Councillor Dickerson
Seconded by Councillor McLean
That Correspondence Item 31-10, from Toronto and Region Conservation be
divided.
CARRIED
Resolution #67/10
Moved by Councillor Dickerson
Seconded by Councillor McLean
That CORR. 31-10 from Kathy Stranks, Manager, Chair and CAD's Office, Toronto
and Region Conservation, submitting'for Council's information a letter from Jerry
Ouellette, MPP Oshawa and response from the Chair, Conservation Ontario
concerning the legislation, regulations and responsibilities governing conservation
authorities be received for information.
CARRIED
Resolution #68/10
Moved by Councillor Littley
Seconded by Councillor Johnson
That a letter be forwarded to the Toronto and Region Conservation Authority and
Jerry Ouellette, MPP endorsing and supporting their efforts to improve the
effectiveness and efficiency of the organizational responsibilities of Conservation
Authorities.
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CARRIED ON A
RECORDED VOTE
AS FOLLOWS:
YES NO
Councillor Johnson Councillor Dickerson
Councillor Littley Councillor O'Connell
Councillor McLean Councillor Pickles
Mayor Ryan
5. CORR. 32-10
KEITH FALCONER, CHAIR
ACCESSIBILITY ADVISORY COMMITTEE
• Resolution #69/10
Moved by Councillor Dickerson
Seconded by Councillor Littley
That CORR. 32-10 from Keith Falconer, Chair, Accessibility Advisory Committee,
submitting the 2009 Annual Report and the 2010 Work Plan on behalf of the
Accessibility Advisory Committee be received for information.
CARRIED
6. CORR.33-10
a) CHILD FIND ONTARIO
b) TRILLIUM GIFT OF LIFE NETWORK
c) MARISA CARPINO, SUPERVISOR
CULTURE & RECREATION, CITY OF PICKERING
d) CANADIAN HEARING SOCIETY
Resolution #70/10
Moved by Councillor Johnson
Seconded by Councillor Dickerson
That CORR. 33-10 be received for information and the following proclamations be
declared:
May 25th, 2010 - National Missing Children's Day
May, 2010 - Green Ribbon of Hope Month
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April 18 - 25, 2010 - National Organ and Tissue Donation Awareness Week
May, 2010 - Asian Heritage Month
May 1 - 7, 2010 - Youth Week
May, 2010 - Hearing Awareness Month
CARRIED
(VI) COMMITTEE REPORTS
a) REPORT PD 2010-03 OF THE PLANNING & DEVELOPMENT COMMITTEE
1. Director, Planning & Development, Report PD 05-10
Mavij Homes Development Inc.
Plan of Subdivision 40M-2254
Final Assumption of Plan of Subdivision
COUNCIL DECISION
1. That Report PD 05-10 of the Director, Planning & Development regarding the
final assumption of the works and services within Plan of Subdivision 40M-2254
be received;
2. That the highways being Rougewalk Drive and Mahogany Court within Plan
40M-2254 be assumed for public use;
3. That the works and services required by the Subdivision Agreement within Plan
40M-2254, which are constructed, installed or located on lands dedicated to, or
owned by the City, or on lands lying immediately adjacent thereto, including lands
that are subject to easements transferred to the City, be accepted and assumed
for maintenance, save and except from Blocks 57, 58, 59, 60, 61, 62, 63, 64, 65,
66, 67, 68, 69, 70, 71, 74, 75, 76, 77 and 78; and
4. That the Subdivision Agreement and any amendments thereto relating to Plan
40M-2254, save and except from Blocks 57, 58, 59, 60, 61, 63, 64, 65, 66, 70,
74, 75, 76 and 77, be released and removed from title.
2. Director, Planning & Development, Report PD 07-10
Seaton Updates
-Neighbourhood Planninq Review and Other Implementation Studies
COUNCIL DECISION
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That Report PD 07-10 of the Directors, Planning & Development and Office of
Sustainability, respecting a status update on the Seaton Neighbourhood Planning
Review and other implementation studies required under the Central Pickering
Development Plan, be received for information.
Resolution #71 /10
Moved by Councillor Dickerson
Seconded by Councillor Johnson
That the Report of the Planning & Development Committee 2010-03, dated April 6,
2010, be adopted.
CARRIED
b) REPORT EC 2010-03 OF THE EXECUTIVE COMMITTEE
1. Chief Administrative Officer's Report CAO 03-10
Rouge Park Governance Review
-Proposal to Create a Rouge National Park
COUNCIL DECISION
1. That Council receive Report CAO 03-10 regarding the February 2010 Rouge
Park Governance Review report prepared by StrategyCorp and Hemson
Consulting for the Rouge Park Alliance.
2. That Council advise the Rouge Park Alliance as follows:
a) That it supports in principle the creation of a Rouge National Park as outlined
in the February 2010 Rouge Park Governance Review report;
b) That the City of Pickering will participate in further discussions on the.creation
of a Rouge National Park and establishment of a Founding Deal through its
representatives on the Rouge Park Alliance; and
c) That before any final decisions are made on the Rouge National Park and
Founding Deal, the matter be brought back to Pickering Council for
consideration.
3. That a copy of this Report be forwarded to the Rouge Park Alliance.
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2. Chief Administrative Officer's Report CAO 04-10
Updated Horse Riding Establishment Licensing By-law
COUNCIL DECISION
1. That Report CAO 04-10 regarding the licensing of horse riding establishments be
received; and
2. That By-Law No.5684/00 being the existing Horse Riding Establishment By-law
be repealed and a new Horse Riding Establishment By-law, included as
Attachment #1, be enacted to reflect updated regulations and housekeeping
changes.
3. Director, Corporate Services & Treasurer, Report CS 05-10
Statement of the Treasurer Respecting 2009 Remuneration and Expenses of
Members of Council and Council Appointees to Boards, Agencies and Other
Bodies
COUNCIL DECISION
That Report CS 05-10 of the Director, Corporate Services & Treasurer regarding
Statement of the Treasurer respecting Remuneration and Expenses of Members of
Council and Council Appointees for the year 2009 be received.
4. Director, Corporate Services & Treasurer, Report CS 10-10
Section 357/358 of the Municipal Act, Adjustment to Taxes
COUNCIL DECISION
1. That Report CS 10-10 of the Director, Corporate Services & Treasurer be
received;
2. That the write-offs of taxes as provided under Section 357/358 of the Municipal
Act, 2001 be approved; and,
3. That the appropriate officials of the City of Pickering be authorized to take the
necessary action to give effect hereto.
5. Director, Operations & Emergency Services, Report OES 04-10
Frenchman's Bay Stormwater Management Master Plan
-Final Report
COUNCIL DECISION
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1. That Report OES 04-10 of the Director, Operations & Emergency Services
concerning the Frenchman's Bay Stormwater Management Master Plan be
received;
2. That Council endorse the Frenchman's Bay Stormwater Management Master
Plan (April 2009); and
3. That Staff be authorized to implement the recommendations within the Master
Plan subject to budget and further Council approval for individual projects, and
report back to Council on an annual basis to provide a status update on the
progress of the implementation and results from monitoring activities.
8. University of Toronto Grant
Re: Frenchman's Bay Study
COUNCIL DECISION
1. That the City of Pickering support in principle the undertakings of the University
of Toronto and the proposed study; and
2. That the Chief Administrative Officer investigate the proposed study further and
grant permission of the study should he feel it in the best interests of the City of
Pickering and report back to Council on April 19th, 2010.
Resolution #72/10
Moved by Councillor Dickerson
Seconded by Councillor Pickles
That the Report of the Executive Committee EC 2010-03, dated April 12, 2010, save
and except Item Nos. 6 and 7 be adopted.
CARRIED
6. Director, Operations & Emergency Services Report OES 08-10
No Parking By-law, Sheppard Avenue
Amendment to By=law 6604/05
A question and answered period ensued.
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Resolution #73/10
Moved by Councillor Dickerson
Seconded by Councillor Pickles
1. That Report OES 08-10 of the Director, Operations & Emergency Services
regarding a proposed amendment to the municipal traffic by-law 6604/05 be
received; and
2. That the attached draft by-law be enacted to amend Schedule "2" to By-law
6604/05 to provide for the regulation of parking on highways or parts of highways
under the jurisdiction of the Corporation of the City of Pickering and on private
and municipal property.
CARRIED
Councillor Johnson was absent for the vote on Report OES 08-10.
7. Director, Planning & Development, Report PD 10-10
Pickering Nuclear Generating Station A Power Reactor Operating Licence Renewal
-City of Pickering Comments for CNSC May 21, 2010 Day Two Hearing
Discussion ensued and questions were raised with respect to the lack of
communication from Ontario Power Generation, the level of commitment for the City of
Pickering, and the impact the decommissioning will have on the residents of Pickering
as well as Ontario Power Generation employees.
Resolution #74/10
Moved by Councillor Dickerson
Seconded by Councillor Pickles
1. That Report PD 10-10 of the Directors, Planning & Development and Office of
Sustainability, concerning Pickering Nuclear Generating Station A Power Reactor
Operating Licence Renewal be received;
2. That Council inform the Canadian Nuclear Safety Commission that it supports the
recommendation to renew the five year power reactor operating licence for
Pickering Nuclear Generation Station A, provided that Ontario Power Generation:
a) continues its regular effort at keeping the City informed of business at its
Pickering sites through the Pickering Nuclear Generating Station Community
Advisory Council and presentations to City Council; and
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b) initiate formal discussions with the City at the appropriate time during the next
licensing period regarding the impact on the City of the safe shutdown and
decommissioning of the Pickering Nuclear Generation Station; and
3. Further, that Report PD 10-10, and Council's resolution be forwarded to the
Canadian Nuclear Safety Commission, Ontario Power Generation, and the
Canadian Association of Nuclear Host Communities.
CARRIED LATER IN
THE MEETING
[See Following Motions]
Resolution #75/10
Moved by Councillor O'Connell
Seconded by Councillor Pickles
That Item 2 b) of the main motion be amended to read as follows:
b) initiate formal discussions with the City regarding the impact on the City of the
safe shutdown and decommissioning of the Pickering Nuclear Generation
Station; and
CARRIED
Resolution #76/10
Moved by Councillor O'Connell
Seconded by Councillor McLean
That Report PD 10-10 be tabled until such time as representatives from Ontario Power
Generation are available to answer questions.
MOTION DEFEATED
ON A RECORDED VOTE
AS FOLLOWS:
YES NO
Councillor O'Connell Councillor Dickerson
Councillor Johnson
Councillor Littley
Councillor McLean
Councillor Pickles
Mayor Ryan
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The main motion, as amended, was then CARRIED UNANIMOUSLY.
(VII) MOTIONS & NOTICES OF MOTION
a) ENDORSEMENT OF PRIVATE MEMBERS' BILL 18
(LOCAL DEMOCRACY AND ACCOUNTABILITY
Resolution # 77/10
Moved, by Councillor O'Connell
Seconded by Councillor Dickerson
WHEREAS MPP David Caplan has recently introduced Private Members' Bill 18 to
amend the Municipal Act to ensure municipal governments are more democratic and
accountable in regards to the position of the Regional Chair; and
WHEREAS the Council of the City of Pickering recently. passed three separate
resolutions in support of the direct election of the Durham Regional Chair; and
WHEREAS the Region of Durham Council recently passed a resolution to put a
referendum question -on the 2010 municipal election ballot asking Durham Region
residents if they support the direct election of the Durham Regional Chair; and
WHEREAS democracy as defined by Webster's is; government by the people; a
government in which the supreme power is vested in the people and exercised by
them directly or indirectly through a system of representation usually involving
periodically held free elections.
NOW THEREFORE The Council for the City of Pickering resolves the support and
endorsement of Private Members' Bill 18 (Local Democracy and Accountability)
introduced on March 29, 2010 by MPP David Caplan.
And that a copy of this resolution be sent for endorsement to Durham Regional
Council and all municipal Councils within Durham Region.
CARRIED
(VIII) BY-LAWS
7037/10 Being a by-law to appoint By-law Enforcement Officers for the purpose of
enforcing parking restrictions on private property.
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7038/10 Being a By-law to amend By-law 6604/05 providing for the regulating of parking,
standing and stopping on highways or parts of highways under the jurisdiction of
the. City of Pickering and on private and municipal property.
7039/10 Being a by-law to dedicate those parts of Lot 4, Plan 282, Pickering, being Parts
53, 55, 56, 63 and 66, Plan 40R-25121 as public highway (Rockwood Drive).
7040/10 A by-law to licence horse riding establishments.
7041/10 Being a by-law to change the name of Deerhaven Lane, Plan 40M-1875 to
Summerpark Crescent in the City of Pickering.
THIRD READING:
Councillor Johnson, seconded by Councillor McLean moved that By-law Numbers 7037/10
to 7041/10, be adopted, and the said by-laws be now read a third time and passed and that
the Mayor and Clerk sign the same and the seal of the Corporation be affixed thereto.
CARRIED
(IX) OTHER BUSINESS
1) Councillor McLean gave notice of his intention to bring forward a Notice of Motion
regarding changes to the Parole & Privacy Laws and Canada's Privacy Act at the
next scheduled meeting of Council
2) Councillor Littley gave notice of her intention to bring forward a Notice of Motion with
respect to the Municipal Building Standards & Federal Greenbelt Lands.
Resolution #78/10
Moved by Councillor Littley
Seconded by Councillor Pickles
That the rules of procedure be suspended in order to introduce a motion to repeal By-law
No. 7019/10.
CARRIED ON A 2/3
MAJORITY VOTE
Resolution #79/10
Moved by Councillor Littley
Seconded by Councillor Johnson
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That By-law No. 7019/10, being a by-law to submit a question to the electors at the next
regular municipal election with respect to opposing the construction and operation of an
airport in the City of Pickering be repealed due to public and Council concerns regarding
the clarity of the question.
CARRIED
3. The Chief Administrative Officer was instructed to action the following;
a) Councillor McLean requested a follow up with respect to a report coming forward
regarding the scattering of ashes in Duffins Creek. Councillor McLean also
questioned whether information had been obtained yet with respect to his request
for fundraising policies in other municipalities.
b) Councillor Dickerson requested information on outstanding issues regarding the
Frenchman's Bay Festival event.
4) Mayor Ryan provided an update with respect to his meeting with the railways and
noted that they were moving forward with all issues including providing first
responders mock drills for derailment situations, graffiti problems and rail safety.
(X) CONFIDENTIAL MATTERS
In accordance with Procedural By-law 6746/07 and the provisions of. the Municipal Act, an
In Camera meeting of Council was held prior to the regularly scheduled meeting.
Resolution #80/10
Moved by Councillor McLean
Seconded by Councillor O'Connell
That Council go In Camera in accordance with the provisions of the Municipal Act for the
purpose of dealing with matters relating to the receiving of advice that is subject to solicitor-
client privilege, including communications necessary for that purpose; a proposed or
pending acquisition or disposition of land by the municipality or local board and litigation or
potential litigation, including matters before administrative tribunals, affecting the
municipality or local board.
CARRIED
1. Chief Administrative Officer, Confidential Report CAO 06-10
Transfer of City-Owned Lands to 1002 & 1004 Rambleberry Avenue
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-Lands Previously Acquired for Neighbourhood Walkway Connection
Refer to the In Camera minutes for further information. [City Clerk has custody and
control of the In Camera minutes.]
Moved by Councillor McLean
Seconded by Councillor O'Connell
That the recommendations as contained in Confidential Report CAO 06-10 be
adopted.
CARRIED IN AN OPEN
SESSION OF COUNCIL
2. Chief Administrative Officer, Confidential Report CAO 09-10
Closing and Disposition of Remnant Portions of Sheppard Avenue
-Lands Previously Acquired for Road Widening
-Part of Lots 27 &28, Range 3, B.F.C
-Part of Lots 25 & 50, RCP 820
-Part of Block 5, RP 353
-Subject Lands identified as Parts 1 to 11, Plan 40R-XXXXX
Refer to the In Camera minutes for further information. [City Clerk has custody and
control of the In Camera minutes.]
Moved by Councillor Dickerson
Seconded by Councillor Pickles
That the recommendations as contained in Confidential Report CAO 09-10 be
adopted.
CARRIED IN AN OPEN
SESSION OF COUNCIL
3. Chief Administrative Officer, Confidential Report CAO 10-10
Transfer of City-Owned Lands
- Cougs (Valleyfarm) Ltd. c/o Brentmuir Developments
- Lands Previously Acquired for Public Road Connection (Lennox Lane)
- Blocks 39 to 41, RP 40M-2089 and Lennox Lane
Refer to the In Camera minutes for further information. [City Clerk has custody and
control of the In Camera minutes.]
Moved by Councillor Dickerson
Seconded by Councillor McLean
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That the recommendations as contained in Confidential Report CAO 10-10 be
adopted.
CARRIED IN AN OPEN
SESSION OF COUNCIL
4. Confidential Memo from the City Solicitor
- OMB Appeal of P/CA 59/09
- 1703 - 1707 Central Street
(Lot 1 & 2, Plan 12, Pickering
Refer to the In Camera minutes for further information. [City Clerk has custody and
control of the In Camera minutes.]
Moved by Councillor Johnson
Seconded by Councillor Pickles
That the recommendations as contained in Confidential Memo from the City Solicitor
be adopted.
CARRIED IN AN OPEN
SESSION OF COUNCIL
(XI) CONFIRMATION BY-LAW
By-law Number #7042/10
Councillor Johnson, seconded by Councillor McLean, moved for leave to introduce a
By-law of the City of Pickering to confirm those proceedings of the Council of The
Corporation of the City of Pickering at its Regular Meeting of April 19, 2010.
CARRIED
(XII) ADJOURNMENT
Moved by Councillor Johnson
Seconded by Councillor McLean
That the meeting be adjourned at 10:10 pm.
CARRIED
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DATED this 19th day of April, 2010
MAYOR DAVID RYAN
DEBBIE SHIELDS
CITY CLERK
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Planning & Development
Committee Meeting Minutes
PICKEMG Monday, May 3, 2010
7:30 pm - Council Chambers
20 Chair: Councillor Johnson
PRESENT:
Mayor Ryan
COUNCILLORS:
D. Dickerson
R. Johnson
B. Littley
B. McLean
J. O'Connell
D. Pickles
ALSO PRESENT:
T. Quinn - Chief Administrative Officer
N. Carroll - Director, Planning & Development
T. Prevedel - Division Head, Operations & Facilities
C. Rose - Manager, Policy
R. Pym - (Acting) Manager, Development Review
M. Yeung - Planner I
L. Harker - Coordinator, Records & Elections
(1) DISCLOSURE OF INTEREST
No disclosures of interest were noted.
(I1) PART `A' INFORMATION REPORTS
1. Zoning By-law Amendment Application A 04/10
Loblaw Properties Limited
1792 Liverpool Road
(Part Lot 23, Concession 1 South)
City of Pickering
A public information meeting was held under the Planning Act, for the purpose of
informing the public with respect to the above noted application.
Ross Pym, (Acting) Manager, Development Review gave an outline of the
requirements for a Statutory Meeting under the Planning Act. He also noted that
if a person or public body does not make oral or written .submissions to the City
before the by-law is passed, that person or public body are not entitled to appeal
the decision of City Council to the Ontario Municipal Board, and may not be
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C,cq Planning & Development
Committee Meeting Minutes
Monday, May 3, 2010
7:30 pm - Council Chambers
Chair: Councillor Johnson 21
entitled to be added as a party to the hearing unless, in the opinion of the Board,
there are reasonable grounds to do so.
Mila Yeung, Planner I, gave an overview of zoning amendment application A
04/10.
Michelle Doornbosch, a representative for the applicant of the property appeared
in support of the application. Ms. Doornbosch provided an overview of the
purpose of the zoning application and noted that the rezoning will allow
opportunities to use existing space and that the changes are strictly internal.
A question and answer period ensued.
No members of the public spoke in support or opposition of the application.
(III) PART `B' - PLANNING & DEVELOPMENT REPORTS
1. Director, Planning & Development, Report PD 09-10
Licence Agreement Extension - Ontario Parcel Agreement
- Supply of Digital Mapping
RECOMMENDATION
Moved by Councillor O'Connell
Seconded by Councillor Dickerson
1. That Council approve entering into an extension of the agreement with the
Region of Durham for the supply of digital parcel mapping of Pickering for a
five year period at a total cost of $29,245.00 (plus applicable taxes) with an
annual payment of $5,849.00 (plus applicable taxes) to be funded from the
current budget of the Planning & Development Department; .
2. The Mayor and the Clerk be authorized to execute any subsequent
renewals or extensions of this agreement on substantially similar terms and
conditions acceptable to the Director, Planning & Development; and
3. Further, that the appropriate officials of the City of Pickering be authorized
to give effect thereto.
CARRIED
2
Cttq eq Planning & Development
Committee Meeting Minutes
PICKEWNG Monday, May 3, 2010
7:30 pm - Council Chambers
22 Chair: Councillor Johnson
2. Director, Planning & Development, Report PD 11-10
Growth Strategy Program (Part of the Pickering Official Pan Review)
and the Province's Draft Decision on Region of Durham's OPA 128
Discussion ensued with respect to the Growth Strategy Program and the
Province's Draft Decision on Region of Durham's OPA 128.
RECOMMENDATION
Moved by Councillor O'Connell
Seconded by Councillor Dickerson
1. That Report PD 11-10 of the Director, Planning & Development respecting
the Pickering Growth Strategy Program and the Province's Draft Decision
on the Region of Durham's OPA 128, be received for information; and
2. Further, that Report PD 11-10 be forwarded to Ministries of.Municipal
Affairs, Housing and Energyand Infrastructure and the Region of Durham.
CARRIED
3. Director, Planning & Development, Report PD 12-10
West Rouge Canoe Club
Request for Extension of Lease Agreement with
Toronto and Region Conservation Authority
for Paddling Facility on West Spit of Frenchman's Bay
RECOMMENDATION
Moved by Councillor O'Connell
Seconded by Councillor Dickerson
1. That the request of the West Rouge Canoe Club to extend its lease
agreement with the Toronto and Region Conservation Authority for three
years on an annual basis commencing with the period November 1, 2009;
to October 31, 2010, and expiring October 31, 2012, to accommodate a
temporary compound on the west spit of Frenchman's Bay for the storage,
within trailers, of canoes and kayaks associated with the club's paddling
facility, be supported by Council; and
2. Further, that the City Clerk forward a copy of Report PD 12-10 to the
Toronto and Region Conservation Authority.
CARRIED
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Cago0 Planning & Development
Committee Meeting Minutes
PICKE Monday, May 3, 2010
7:30 pm - Council Chambers 23
Chair: Councillor Johnson
(IV) OTHER BUSINESS
1. Councillor Pickles advised Council that he met with MPP Joe Dickson,
Regional staff and residents regarding the proposed Westney Road bypass
and 407. The Region will be taking residents concerns back to staff for their
review.
2. Councillor Johnson requested clarification on the number of units sold at the
Mattamy Sales Pavilion this past weekend and the tentative dates for
occupancy permits. Neil Carroll, Director, Planning & Development advised
Council that building permits may be applied for by December 2010 and that
it is possible that the earliest occupancy be in summer 2011, but that these
dates are all contingent upon getting servicing approval from the Region of
Durham.
(V) ADJOURNMENT
The meeting adjourned at 8:20 pm.
4
f
city c~ Executive Committee
Meeting Minutes
Monday, May 10, 2010
7:35 pm - Council Chambers
24 Chair: Councillor Dickerson
PRESENT:
Mayor Ryan
COUNCILLORS:
D. Dickerson
R. Johnson
B. Littley
B. McLean
J. O'Connell
D. Pickles
ALSO PRESENT:
T. Quinn - Chief Administrative Officer
E. Buntsma - Director, Operations & Emergency Services
G. Paterson - Director, Corporate Services & Treasurer
T. Prevedel - Division Head, Operations & Facilities
D. Shields - City Clerk
A. Allison - City Solicitor
G. Ferguson - Deputy Fire Chief, Training & Fire Prevention
B. Holmes - Fire Inspector
K. Thompson - Manager, Municipal Law Enforcement Services
L. Roberts - Committee Coordinator
(1) DISCLOSURE OF INTEREST
No disclosures of interest were noted.
(II) CONFIDENTIAL MATTERS
In Camera Meetinq of the Executive Committee
In accordance with Procedural By-law 6746/07 and the provisions of the Municipal
Act, an In Camera meeting of the Executive Committee was held prior to the regularly
scheduled meeting.
Moved by Councillor O'Connell
Seconded by Councillor McLean
1 ,
Ctq Executive Committee
PICKERING Meeting Minutes
Monday, May 10, 2010
7:35 pm - Council Chambers
Chair: Councillor Dickerson 25
An In Camera meeting of the Council has been scheduled in accordance with the
provisions of the Municipal Act and Procedural By-law 6746/07, in that the matters to
be discussed relate to labour relations or employee negotiations.
CARRIED
1. Verbal Update from the Chief Administrative Officer
With respect to Personnel Matters (Fire Negotiations)
Refer to the In Camera minutes for further information. [City Clerk has custody and
control of the In Camera minutes]
Moved by Councillor McLean
Seconded by Councillor O'Connell
That Council rise into open session of the Executive Committee.
CARRIED
(III) MATTERS FOR CONSIDERATION
1. Chief Administrative Officer's Report, CAO 05-10
Proposed Nuisance By-law
A discussion period ensued. Council posed various questions and requested
clarification which was provided by the Manager, Municipal Law Enforcement
Services.
RECOMMENDATION
Moved by Councillor Littley
Seconded by Mayor Ryan
That the draft Nuisance By-law, included as Attachment 1, providing restrictions
regarding littering, public urination, spitting, and fixture vandalism within the City of
Pickering, be enacted.
i
REFERRED LATER IN
THE MEETING
[See following motion]
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citqo~ Executive Committee
Meeting Minutes
Monday, May 10, 2010
7:35 pm - Council Chambers
26 Chair: Councillor Dickerson
Moved by Councillor O'Connell
Seconded by Councillor McLean
That Report CAO 05-10 of the Chief Administrative Officer be referred back to staff
for further clarification and to report back at the June 14th, 2010 meeting. .
CARRIED
2. Chief Administrative Officer's Report, CAO 08-10
2010 Toys for Tickets/Food for Fines Promotion
RECOMMENDATION
Moved by Councillor Pickles
Seconded by Councillor Johnson
That the Toys for Tickets/Food for Fines Promotion be implemented for December.16
and 17, 2010.
CARRIED
3. Director, Operations & Emergency Services, Report OES 12-10
New Carbon Monoxide Detector By-law
Discussion ensued with respect to the costs of carbon monoxide detectors and
potential rebates to help offset these costs.
RECOMMENDATION
Moved by Councillor Pickles
Seconded by Councillor Johnson
1. That Report OES 12-10 of the Director, Operations & Emergency Services
regarding "Carbon Monoxide Detector By-law" being a by-law to require the
installation of carbon monoxide detectors in residential occupancies be
received; and
2. That the attached draft "Carbon Monoxide Detector By-law", requiring the
installation of carbon monoxide detectors in residential occupancies be enacted.
CARRIED
3
Ctq °0 Executive Committee
PTOCEMG Meeting Minutes
Monday, May 10, 2010
7:35 pm - Council Chambers
Chair: Councillor Dickerson 27
4. Director, Corporate Services & Treasurer, Report CS 08-10
LAS Energy Procurement Program
RECOMMENDATION
Moved by Councillor Pickles
Seconded by Councillor Johnson
1. That Report CS 08-10 of the Director, Corporate Services & Treasurer be
received;
2. That the Commodity Hedge Pricing Policy attached to this report be approved;
3. That the Director, Corporate Services & Treasurer be authorized to execute
Agency Appointment Agreements with Local Authority Services (LAS) and any
other related documents to provide for the hedging of energy prices;
4. That Council authorizes Local Authority Services, through its appointed agent,
to have access to electricity consumption data from the local electrical utility on
an as needed basis, in order to compile load profile information for the
procurement program; and,
5. That the appropriate officials of the City of Pickering be authorized to give effect
thereto.
CARRIED
5. Director, Corporate Services & Treasurer, Report CS 11-10
Cash Position Report as at December 31,'2009
RECOMMENDATION
Moved by Councillor Pickles
Seconded by Councillor Johnson
It is recommended that report CS 11-10 from the Director, Corporate Services &
Treasurer regarding cash position as at December 31, 2009 be received for
information.
CARRIED
4
Executive Committee
Meeting Minutes
Monday, May 10, 2010
7:35 pm - Council Chambers
28 Chair: Councillor Dickerson
6. Director, Corporate Services & Treasurer, Report CS 12-10
Request by SR&R Bay Ridges Ltd, to Defer Payment of Development Charges
Withdrawn therefore not presented.
7. Director, Corporate Services & Treasurer, Report CS 14-10
Development Charges Reserve Fund - Statement of the Treasurer for 2009
RECOMMENDATION
Moved by Councillor Pickles
Seconded by Councillor O'Connell
That Report CS 14-10 of the Director, Corporate Services & Treasurer respecting the
Development Charges Reserve Fund be received for information.
CARRIED
8. Director, Corporate Services & Treasurer, Report CS 15-10
2010 Tax Rates for all Classes of Property and Final Tax Due Dates for All Realty
Tax Classes Except for Commercial, Industrial & Multi-Residential Realty Classes
RECOMMENDATION
Moved by Councillor Pickles
Seconded by Councillor O'Connell
1. That Report CS 15-10 of the Director, Corporate Services & Treasurer be
received;
2. That the 2010 tax rates for the City of Pickering be approved as contained in
Schedule A of the By-law attached hereto;
3. That the tax levy due dates for the Final Billing be June 28, 2010 and
September 28, 2010 excluding the industrial, multi-residential and commercial
realty tax classes;
4. That the City of Pickering continue its policy of providing property tax relief to
the Royal Canadian Legion Branch 483 (Claremont), for the City's share of
property taxes for the taxation years 2010 to 2020;
5
Executive Committee
Meeting Minutes
Monday, May 10, 2010
7:35 pm - Council Chambers
Chair: Councillor Dickerson 2 9
5. That the attached By-laws providing for the imposition of the tax rates approved
under Recommendation 1 and 4 above, be read three times and approved;
6. That the Director, Corporate Services & Treasurer be authorized to make any
changes or undertake any actions necessary, including altering due dates, in
order to ensure the tax billing process is completed;
7. That the Director, Corporate Services & Treasurer be authorized to make any
changes to the final tax rates to comply with Provincial regulations; and,
8. That the appropriate City of Pickering officials be authorized to take the
necessary actions to give effect thereto.
CARRIED
9. Director, Corporate Services & Treasurer, Report CS 16-10
2009 Building Permit Stabilization Reserve Fund
RECOMMENDATION
Moved by Councillor Pickles
Seconded by Councillor O'Connell
That Report CS 16-10 from the Director, Corporate Services & Treasurer regarding
the 2009 Building Permit Stabilization Reserve Fund be received for information.
CARRIED
10. Director, Corporate Services & Treasurer, Report CS 17-10
Investment Portfolio Activity for the Year Ended December 31, 2009
RECOMMENDATION
Moved by Councillor Pickles
Seconded by Councillor O'Connell
That Report CS 17-10 of the Director, Corporate Services & Treasurer regarding
Investment Portfolio Activity for the Year Ended December 31, 2009 be received for
information.
CARRIED
6
Ciw04 Executive Committee
1 Meeting Minutes
Monday, May 10, 2010
7:35 pm - Council Chambers
30 Chair: Councillor Dickerson
11. Director, Corporate Services & Treasurer, Report CS 18-10
Formal Quotations - Quarterly Report for Information
RECOMMENDATION
Moved by Councillor Pickles
Seconded by Councillor O'Connell
That Report CS 18-10 of the Director, Corporate Services & Treasurer regarding
Formal Quotations - Quarterly Report for Information be received for information.
CARRIED
12. Director, Corporate Services & Treasurer, Report CS 19-10
Section 357/358 of the Municipal Act - Adjustment to Taxes
RECOMMENDATION
Moved by Councillor Pickles
Seconded by Councillor O'Connell
1. That Report CS 19-10 of the Director, Corporate Services & Treasurer be
received;
2. That the write-offs of taxes as provided under Section 357/358 of the Municipal
Act, 2001 be approved; and,
3. That the appropriate officials of the City of Pickering be authorized to take the
necessary action to give effect hereto.
CARRIED
13. Chief Administrative Officer's Report, CAO 11-10
Proposed Firearms By-law
Greg Farrant, Manager, Government Relations & Communications, Ontario
Federation of Anglers and Hunters appeared before the Committee with respect to
the proposed firearms by-law. He noted the Federation's commitment to public
safety through the implementation of mandatory hunter safety education programs
and stated that the assumption of hunting being a threat to public safety is not
factual. He noted the rate of hunting related accidents has been reduced to virtually
zero. He also indicated Provincial and Federal laws currently exist with respect to
7
Ctq o0 Executive Committee
Meeting Minutes
PI Monday, May 10, 2010
7:35 pm - Council Chambers
Chair: Councillor Dickerson 31
the safe use of firearms. He stated that restrictions which drastically impact hunting
would in fact impact the ability to manage the wildlife population. By implementing
restrictive by-laws, the municipality may inadvertently create a larger public safety
hazard in which wildlife populations would increase, possibly creating increased
deer/vehicle collisions and also the farming community with increased loss of
livestock due to nuisance wildlife.
A question and answer period ensued.
Peter Rodrigues, a resident of Whitevale, appeared before the Committee indicating
that he was not opposed to hunting, but that he had some concerns with the
proposed firearms by-law. He noted .that enforcement may be an issue as it would
be difficult to determine who was who. He also noted the safety issues as the
population of Pickering has greatly increased over the years. He informed the
Committee that he felt there needed to be more time for public comment.
A question and answer period ensued.
Peter Dickson, President, Pickering Rod and Gun Club, appeared before the
Committee noting that the proposed by-law satisfies most issues, but not all. He
noted his concerns and indicated a number of amendments he would like to see
incorporated into the proposed by-law as well as a better digitized map to alleviate
confusion. He suggested possibly 3 or 4 maps indicating lots and concessions. Mr.
Dickson noted he would be available to assist with the amendments and provided the
Manager, Municipal Law Enforcement Services with a copy of his delegation.
A question and answer period ensued.
Jay Downey, Conservation Officer with the Ministry of Natural Resources appeared
before the Committee. He noted the negative impact the proposed by-law would
have on the performance of duties for the Ministry by inhibiting their ability to manage
wildlife, which has increased dramatically in recent years, as well as deer/vehicle
collisions. He noted legislation is already in place to address the issues of
trespassing and indicated that landowners can post signs on their property or contact
MNR or police services, noting that the majority of hunters respect the boundaries.
He noted a list of concerns that the Ministry has relating to restricted areas such as
boundaries and retaining archery only areas. He stressed the fact that the use of
archery firearms emit no noise and can safely occur near urban areas. He noted
there is no need for having written permission as regulations are already in place to
have permission to hunt on private property. He indicated he had no knowledge of
other municipalities which have this provision. He also noted the Ministry does not
enforce municipal by=laws. He indicated that a representative from the Ministry of
8
Executive Committee
PTC-IREFING Meeting Minutes
Monday, May 10, 2010
7:35 pm - Council Chambers
32 Chair: Councillor Dickerson
Natural Resources would be available to be involved in any future discussions
relating to the proposed firearms by-law.
A question and answer period ensued.
Anthony Balka, a resident of Ajax, appeared before the Committee, representing a
number of Pickering area hunters. He noted he does support the Ministry of Natural
Resources and the Pickering Anglers and Hunter's position on the proposed firearms
by-law. Through a comparison of the existing by-law with the draft by-law, he noted
areas of concern with respect.to additional restrictions being placed on hunters as a
result of passing this proposed by-law. He discussed the various pros and cons of
bow hunting as well as shotguns and rifles, outlining his suggestions for revisions to
the by-law, noting that his primary suggestion would be to leave the existing by-law
as it is. He noted a change in the by-law would only affect the legal hunter. He also
indicated his concerns with wildlife management, noting the growing deer population
as well as the problems with coyotes in Pickering. He felt that the by-law should not
be changed based on hypothetical risks without having supporting evidence and if
the by-law is to be amended; it should only be minimal changes. He questioned why
this item was even up for discussion, as the evidence does not support changes to
the existing by-law. He noted there should be fair discussions based on evidence.
A question and answer period ensued.
Cat Beattie, a Pickering resident, appeared before the Committee in support of a
more restrictive by-law. She noted that the by-law in place now was adopted in 1975
and felt that the increase in population from that time until now was a good reason to
take a look at a new by-law. She questioned the statistics relating to deer/vehicle
collisions and questioned how many accidents went unreported. She stated that if
we didn't put better restrictions on discharging firearms we would have no wildlife left
to enjoy. Ms. Beattie also stated that she felt the boundaries should be even more
restrictive.
Andy McKinnon, a Pickering resident appeared before the Committee indicating he is
in support of the more restrictive by-law but also noted he is not opposed to hunting.
He noted that the Seaton lands should be prohibited not restricted. He noted that he
realizes that its poachers and unregistered hunters that are doing the real damage to
hunting, not the legal hunters. Common sense should prevail.
RECOMMENDATION
Moved by Councillor Johnson
Seconded by Councillor Pickles
9
Ctq °0 Executive Committee
Meeting Minutes
Monday, May 10, 2010
7:35 pm - Council Chambers
Chair: Councillor Dickerson 33
That the proposed Firearms By-law (Attachment No. .1 to this Report) be adopted.
DEFFERED LATER IN
THE MEETING
[See Following Motion]
Moved by Councillor Johnson
Seconded by Councillor Pickles
That the proposed Firearms By-law be deferred until the new term of Council.
CARRIED
(IV) OTHER BUSINESS
1) Councillor Dickerson gave notice that he would be bringing forward a Notice of
Motion regarding sustainability measures surrounding undergrounding of
overhead wires at the next meeting of Council.
(V) ADJOURNMENT
The meeting adjourned at 10:25 pm.
10
City o~
JI AL ALA& 34
PICKERING M 17
May , 2010
PRESENTATIONS
1. Presentation of Certificate
Gordon Zimmerman
Lieutenant Governor's Ontario Heritage Award
35
PICKERING May 17, 2010
DELEGATIONS
1. Shirley Van Steen, Chair
Pickering Public Library
Re: One Book One Community Program
Cctq 00
36
PICKERING MAY 7, Zoe o
CORRESPONDENCE Pages
1. CORR. 34-10 Motion for Direction
KIM COATES, CLERK 38-47
TOWNSHIP OF SCUGOG
181 Perry St., Box 780
Port Perry, ON L9L 1A7
Letter received from Kim Coates, Clerk, Township of Scugog, seeking direction
with respect to a resolution passed at their April 12, 2010 meeting of Council,
regarding the direct election of the Regional Chair - Question for Election Ballot.
2. CORR. 35-10 Motion for Direction
KIM COATES, CLERK 48-49
TOWNSHIP OF SCUGOG
181 Perry St., Box 780
Port Perry, ON L9L 1A7
Letter received from Kim Coates, Clerk, Township of Scugog, seeking support of
a resolution which was passed at a meeting of Council held on March 29, 2010
regarding the feasibility of changing the Municipal Council term back to three
years.
3. CORR. 36-10 Motion for Direction
BRIAN MCMULLAN, MAYOR 50
CITY OF ST. CATHARINES
50 Church St., Box 3012
St. Catharines, ON L2R 7C2
Letter received from Brian McMullan, Mayor, City of St. Catharines seeking
Council support for the Private Members Bill introduced by Welland MP Malcolm
Allen asking that the Royal Canadian Legion be exempt from the 5% GST on the
purchase of red lapel poppies.
4. CORR. 37-10 Motion for Direction
SANDRA KRANC, CITY CLERK 51-52
CITY OF OSHAWA
50 Centre Street South
Oshawa, ON L1 H 3Z7
Letter received from Sandra Kranc, City Clerk, seeking Council consideration
with respect to the impact on property values of green initiative renovations by
homeowners.
37
5. CORR. 38-10 Motion to Endorse
GILLIS A. PATERSON 53-58
DIRECTOR, CORPORATE SERVICES & TREASURER
CITY OF PICKERING
Copy of a memo to Mayor Ryan and Members of Council from Gillis Paterson,
Director, Corporate Services & Treasurer, seeking Council endorsement with
respect to the AMO position paper on Joint and Several Liability Reform in
Ontario by forwarding support for this reform through a resolution of Council.
6. CORR. 39-10 Motion to Declare
a) PRIDE DURHAM 59-64
b) SPINA BIFIDA & HYDROCEPHALUS ASSOCIATION OF ONTARIO
c) JUNE AS RECREATION AND PARKS MONTH (JRPM)
d) CNIB
e) ONTARIO FEDERATION OF ANGLERS AND HUNTERS
Requests have been received from the above organizations for the City of
Pickering to make the following proclamations:
June 6 - 13, 2010 - Pride Week
June, 2010 - Spina Bifida and Hydrocephalus Awareness Month
June, 2010 - Recreation and Parks Month
May 27, 2010 - CNIB Day
July 3 - 11, 2010 - Licence-Free Fishing Week
TOWNSHIP OF
38
®
9
CJv .9Lf--►Q
fit?` April 14, 2010 h T 0:
x
Ms. Debi Shields
City Clerk
i
City of Pickering`
1 The Esplanade- -°-f
Pickering ON L1 V 6K7 7 lib 4
COR
TAKE PUPP;~.
Re: Direct Election of the Regional Chair
RESOLUTION NO: 10-103 111r,+`0 V` T 5~reJ, v
Dear Ms. Shields:
Please be advised that at the Council meeting held on April 12, 2010, the
Council of the Township of Scugog adopted the following resolution:
"THAT a copy of Correspondence #246-10, the legal opinion
provided by Loopstra Nixon regarding the Direct General Election of
Regional Chair - Question for Election Ballot be forwarded to the
Region of Durham as Scugog's comments regarding the intention to
pass a By-Law to submit a question to the. electors and to local
municipalities within Durham requesting their -support and to the
Minister of Municipal Affairs for Information."
As directed, please find enclosed a copy of Correspondence #246-10 and
an excerpt of the minutes for your consideration.
Your attention to this request would be greatly appreciated.
Yours ruly,
~ry\
Kim oates, A. M. C.T.
Clerk
Encl.
Township of Scugog, 181 Perry St., PO Box 780, Port Perry, ON L9L 1A7
Telephone: 905-985-7346 Fax: 905-985-9914
www.scugog.ca
Council Nleclinq ft6
April 12, 2010
39 6. REPORTS
i. Regional Report - Verbal
Regional Municipality of Durham Council Highlights:
• March 10, 2010 - Volume 8, Issue 3
Mayor Pearce provided an outline of Regional events including;
the Waste Management 2009 Annual Services. Report, a
Comparison of LEED designations, changes to Committee
Schedules (which may impact local committee meetings),
Direct Election of Regional Chair and the passing of the new
Official Plan. The Mayor recommended that Council consider
forwarding a copy of the legal opinion obtained from Loopstra
Nixon to the Region as part of the Township of Scugog's
comments on the Direct Election of the Regional Chair.
RESOLUTION NO: 10-102
Moved by: Councillor Drew
Seconded by: Councillor McMillen
THAT the Regional Report be Received for Information.
Carried
RESOLUTION NO: 10-103
Moved by: Councillor Lamrock,
Seconded by: Councillor Smith
THAT a copy of Correspondence 246-10, the legal
opinion provided by Loopstra Nixon regarding the Direct
General Election of Regional Chair - Question for
Election Ballot be forwarded to the Region of Durham as
Scugog's comments regarding the intention to pass a By-
Law to submit a question to the electors and to local
municipalities within Durham requesting their support and
to the Minister of Municipal Affairs, for Information.
Carried
RESOLUTION NO: 10-104
Moved by: Councillor Hodgson
Seconded by: Councillor Drew
THAT Staff be directed to forward a letter to the Minister
of Municipal Affairs advising of concerns with the
inconsistency in rules for election to Regional Council in
regional municipalities.
Carried
85
4 0
LO
Corr# 246- 10
tluinto M. Annibate'
ltluinto Annibale Professional Corporation
1
Direct Line: 116-7484757
E-mail gannibale(iiloonix.coin
April 9, 2010
By E-Mail
Mayor Pearce and I Icmbcrs of Council
The Corporation of the Fownship of Sctigog
131 Perry St.
Port Perry, Ontario
1,91, I A'7
Attention: Mayor Pearce and 'Members of Council
Dear Mayor and Nlernbers of Council:
RE: Direct Ceneral Election of Regional Chair
Question for Election Ballot
You have asked for our opinion with respect to the legality and effect of a question which
the Region of Durham (the "Region") is considering placing on the next municipal election
ballot with respect to the direct election of the Region's head of council. 'T'ile advice and opinion
contained herein is based on our understanding of the relevant facts as set out below. This
opinion is based on the common law and the laws of the Province of Ontario as of the date of this
letter.
Facts:
The Region currently has a head of council that is appointed by the other. members of
council. On March 10, 2010, Regional Council passed a resolution that Regional Council
consider passing a by-law to submit the following question to electors in all lower-tier
rlunicipalities in the Region on the regular election ballot for October 25, 2010:
y'
4 1
I
Are yon in favour of the C'olincil of the Regional ;municipality of Durha►»
passing the neces.sai-v resohttions and by-laws to change the method of
sclectilig its C1,11air from appointment by the members of the Regional
Council to election by general vote of all electors in the Region.
YES N0
You have asked for our opinion with respect to the legality and effect of this question, and also
what effect section 219(2) of the Municipal Act would have on this matter.
Issncs:
I. Is there legal authority for the I:e-iorr to include the question on the ballot'?
What is the effect of including the question on the ballot'?
3. What effect does section 219(2) of the NNlunicipal Act have on the process'?
Short Answers:
1. The Region has the legal authority to include a question on the ballot pursuant to t11e
Municipal Elections Act. However, there are restrictions with respect to the subject
matter of a question. In particular, a question cannot relate to a matter that has been
prescribed as a subject of provincial interest. Prescribed matters include " any matter
which the municipality does not the authority to implement all aspects of the results of
the question". This has the potential to prevent the question because in order for the
contemplated by-law to take effect, a certain number of lower-tier rnunicipalities are
required to pass resolutions consenting to the by-lave (pursuant to the Nfunicipal Act), Of
greater concern is that prescribed matters also include "any matter for which the
municipality requires an action by the Province of Ontario in order to implement the
results of the question". The Municipal Act states that a regional municipality sliall not
pass a by-law such as the by-lave contemplated in the question until the 1.finistcr has, by
regulation, authorized the regional municipality to do so (Municipal Act, section 218(5)).
2.. The result of the question is binding on the Region if at least 50% of eligible electors in
the Region vote on the question and more than 50% of the votes on the question vote in
favour of that result (either affirmative or negative). Due to these requirements for voter
turnout, it is quite possible that the vote will not be binding. If the vote is in favour and
binding, the Region would be required to initiate steps to implement the process. If the
vote is not in favour anti bindiila, the Region would be prohibited iron initiating the
process for a period of four years If the vote is not binding, it would be at the Region's
discretion whether or clot to initiate the process to change the Bead of council to all
cl xted position.
4 2
3. Section 210(2) provides for conditions under Much a by-law to filter the c0nlpo::itiou of
Regional Council would not be v,ilid. i he by law would 1101 be v,ilid unless:
a. ct nt,ijority ut votes on Regional Col.111CII are cast in its Itivour; .
b. a riiajvrity of the councils of all louver-tier municipalities Forming part the Region
have passed resolutions consenting to the by-law;
c. the total number of electors in the lower tier niunicipalitics that pass such
resolutions unist form a majority of all of the voters in the Region.
Therefore, even it the vote is binding and requires the Region to initiate the process for
riltering the composition of Council, the implementing by-law would not be valued 1.111til
supported by the lower tier.►riunicipalitics as described above.
Analysis:
1. Leggd authority for the question:
The legal authority for the question is provided by.section 8 of the Municipal Elections
Act. Section 8(1)(b) provides that the council of a municipality may pass a by-law to submit to
its electors, subject to section 8.1, a question not otherwise authorized by law but within the
council's jurisdiction. A "municipality" refers either to a lower-tier municipality, upper-tier
municipality, or single-tier municipality.
'The ~tilunicipal Elections Act also provides for procedures that must be followed when
acting under this section. When an upper-tier municipality is acting under this section, its clerk
must transmit a copy of the by-law and the proposed question to the clerk who is responsible for
conducting the election (s.8(4)). In this case, it is the lower-tier municipality that is responsible
for conducting the election. In the case of a regular election, the lower-tier clerk is not required
to submit the question to the electors unless those materials are provided by the upper-tier clerk
on or before June 1 (s.8(5. 1)). If the materials are not provided on time, it does not appear to be
iriandatory that the lower-tier refuse to submit the question to the electors.
The lower-tier clerk is required to provide notice to the electors of the question (s.8(6));
the reasonable cost of providing this notice shall be paid by the upper-tier municipality upon
receiving a certificate verifying the amount, signed by the lower-tier clerk (0(7)).
A by-law to submit a question to the electors must be passed by the Region at least 180
lays before voting flay. 1 ' question cannot be amended after that date, although the question
can be withdrawn entirely on or before nomination day (s.8. I([)). Nomination day for a regular
election is the second Friday in September in the year of thie election (3.31), which in this case is
September 10, 2010.
43
\ qucstiou must crnlpiy \001 the ti►liOMIILU rlllcs, f(AlIll III sct:ti()n 81(") ot' tile
`liuticipul I':lections Act:
It Shall concern a natter within dic kirisdictioll ut,tllc nriltticip.Ility;
• I)cspitc rule I. it shall not concern a matter x0iich has been prescribed by the
:Minister as iI matter of provincial interest;
,1 It shall be clear, concise and neutral;
• It shall be capable of being answered in the affirmative or the negative and the
only permitted answers to the question are "yes" and "no".
hI our 0pini0u, the question concerns a Illatter within tile jill-I.sdictioll of tile municipality.
Section 213(1) of the Municipal Act states that the general powers ;;ranted under sections 9, 10
and I 1 authorize an upper-tier IIILlll►ClpalitV to change the composition of council, subject to
CCrtaill rubs One of these rules is that the head of council shall be elected by general vote, in
accordance with the Municipal Elections Act, or shall be appointed by the members of council.
The matter in question is a matter of altering the composition of Regional Council within the
parameters of this rule, to charge the head of council from a position appointed by members of
Regional Council, to a position elected by general vote.
"File matters which have been prescribed by the Nlinister as matters of provincial interest
(to which a question cannot pertain) are set out in Ontario Regulation 425/00, section 1(1). The
first matter prescribed, which a. question cannot relate to, is "any matter for which the
municipality does not have the authority to implement all aspects of the results in question".
Due to section 219(2) of the Municipal Act (discussed below), a by-law passed with respect to
changing the head of council, to an elected position appears to require a certain number of lower-
tier municipalities to pass resolutions consenting to the by-law. This arguably means that tile
Region does not have the authority on its own to make the change. However, the question as
written refers not to the change itself, but to the passing of by-laws and resolutions required in
order to change the method. In our opinion, a more significant concern is the second prescribed
(natter, which is "any matter for which the municipality requires an action by the Province of
Ontario in order to implement the results of the question. This is of concern due to section
213(5) of the i4funicipal Act which states that a "regional municipality shall not pass a by-law
described in this section until the Nlinister has, by regulation, authorized the regional
municipality to exercise the powers described in this section". This section prevents the Region
from passing a by-law to change the method of selecting members of council until thC-Nfi•nister
has passed a regulation authorizing such a by-law. This appears to place the question under the
category of a matter requiring an action by the Province of Ontario, and therefore the question
would not be validly included oil the election ballot. This also differs from the requirement that
the lower-tie;r councils pass consenting resolutions, because in this case the Region cannot pass
their by-law at all until tile Minister has passed the regulation. "),lunicipal restructuring" is also
prescribed :is a matter of public interest. but is defined in a .v-ay which would not include the
ch,urges conternplated in til.is case, in cur opinion. "Lltinicipal restructuring" means items
including alulexation, t. tinalgam:ition. dissolution, Incorporation, ahd loinim, or sCp.;rr itin", tI
iov,er-tier municipality from an upp.;r-tier inuniciptllity.
L - -
1 ~1
4 4
With respect to bcin4 "clean-, Concise, and neutral", the clnestioll appears to satisfy the
rule. There In;Iy be MI :ir`('untcnt, basal on the paras,raph above, that [he gncstioit is not clitircly
clear th:It [lie Rcoio.ii does trot, "ithout the consent of' a certain number of lower-tier
rlaunicipulitics, have the authority to make the change. I Iowcver, the question does rctcr olily to
the IZegion passing the by-laws :uul resolutions rcquircd, not to the change ifsclf being cnaeted
through the question oil the hallot. III our opinion, this is unlikely to render the clucstion invalid,
but there is in argument that could be made based on this reasoning and the current wording of
the question. See below for a further discussion with respect to notice requirements.
In our opinion the question is capable of being answered with a "yes" or "no" response
and no other responses are permitted by the question as drafted.
'I-lie Municipal Elections ;pct also provides for notice of intent to pass the by-law which
submits tine question. The Region's clerk must provide at least 10 days notice of the intention to
pass the by-law, to the public and the Minister. At least one public meeting must be held.
Report No: 2010-A-7 (from the Regional Clerk to the Finance and Administration Committee,
dated March 24, 2010) states that notice of intention to pass the by-law is to be published in all
local newspapers on April 8, 2010 and. posted on the Region's website. Further notice must be
given within 15 days of passing the by-law.
Both sets of notice must include three aspects, required by section 8(5):
f the wording of the question;
a clear, concise and neutral description of the consequences of the question if it is
approved and the consequences if it is rejected with the special majority Linder
section 8.2, including an estimate of the costs, if any, that the municipality may
incur in implementing the results of the question;
a description of the right to appeal
in our opinion, the second requirement should involve a description of the requirement that a
certain number of lower tier municipalities pass a resolution consenting to the change.
Finally, section 8(6) provides for a right of appeal. Within 20 days after the clerk gives
notice of passage of the by-law, any person or entity may appeal to the Chief Electoral Officer of
the Province on the grounds that the question does not comply with paragraphs 3 or 4 of
subsection 2. Interestingly, this allows only for an appeal on the grounds that the question is not
clear, concise and neutral, or that the question is not capable of being answered in the affirmative
or negative and only in the affirmative or negative. There is no appeal right provided by this
section with respect to whether the clucstion concerns a matter prescribed as a matter of
provincial interest. An objection on those grounds may require a court action, rather than an
appeal to the Chief Electoral Officer.
5
45
.2. 1)/ tilt" (111c.Viioll, VoIC.,
I he el'f"Cd of the vote on the clucstion \~ould depend on two nu►jor IaCte rs: ~0ctlrcr Chia
result is binding under the Nlunicip.►l 1-dections Act, and the result of the vote.
The results of (lie vote are binding only if two conditions exist. First, at least 50 percent
of the eligible electors in the Region must vote on the question; second, more than 50 percent of
the votes on the question arc: in favour of those results, either affirmative or negative (x.8.2(1)).
The first condition Could be difficult to aehicve as turnout for municipal elections typically is
lower than 50 percent of the eligible electors. The second condition •,vill alwvays be met unless
there is an exactly split vote, as there are only two potential answers to the question ('`yes" or
"no"). 13ithcr result is capable of being binding on the Region.
In the event that an affirmative answer to the question is binding, the Region would be
required to do everything in its power to implement the results of the question in a timely manner
(s.8.3(1)(a)). In the event that a negative answer to the question is binding, the Region would be
prohibited from doing anything within its jurisdiction to implement the matter which was the
subject of the question for a period of four years following voting day (s.8.3(1)(b)). 'The Act is
silent with respect to a vote that is not binding. In that case, the Region would be free to either
implement the change or not, regardless of how the vote turned out.
Section 8.3(2) provides some specific examples of actions which the Rcgion would be
required to take between 14 and 180 days alter voting day in the event of a binding vote. If a by-
law or resolution is required to implement the results (which would be the case if the answer
were affirmative), the by-law must be prepared and placed before Regional Council, or if there is
a condition precedent to the.passage of the by-law (e.g. a public meeting, as required in section
219 of the Municipal Act), these initial steps must be taken within the time frame. If
administrative action to change a policy or practice is required to implement the results of the
question, municipal staff must also be instructed to take that action.
Once the by-law has been passed to implement the results of the question, the Region
could not do anything to reverse or substantially change this for a period of four years, unless a
subsequent binding question authorizes such action or Regional Council is of the reasonable
opinion that there has been a material change in circumstances since the original question was
put to the electors (x.8.3(5) - (6)).
3. Ej'j"'el of'Se~c,•tio 12 1901 ojt,%I aLrrue iprtl:let:
A by-law to change the Composition Of RCOJonal Callncil, to ►nake the hear! of Council an
elected position, would be passc;d pursuant to section 213(2)(b) of tllc Municipal Act which deals
h if trti7ority to cl►angc the method of'sclecting nten?bers of the council. A by-la~v pursed
46
(7
u11tler that section is not valid unless the condi.tions described in section 210(2) of' the Municip;d
Act ,ire satistlcd.
Scrtion 1 I1)(2) states the li,Lluwiii
A by-law. described in section 218 making chcutges described in
clauses 213 12) (,a'), (b) and (c) or in subsection 213(3) is nut valid
unless,
(a) a majority of all votes on the upper-tier council are cast in
its favour;
(b) a majority of the councils of all lower-tier municipalities
forming part of the upper-tier municipality have passed
resolutions consenting to the by-law; and
(c) the total number of electors in the lower-tier municipalities
that have passed resolutions referred to in clause (b) form a
majority of all the electors in the upper-tier municipality.
In the event that the response to the question is binding, as described in the previous
section, Regional Council would be required to vote in favour, satisfying subsection (a).
Subsection (b) requires a majority of the lower-tier councils to pass a resolution consenting to
this by-law. In our opinion, even if the response to the question is binding, it is binding only
upon the Region, not the lower-tier councils. A resolution would need to be passed by at least
five of the eight lower-tier councils in the Region in order for the Region's by-law to take effect.
In addition, those lower-tier municipalities that pass resolutions must have sufficient total
number of electors to form a majority of the electors in the Region. If the five lower-tier
municipalities with the lowest populations in the Region were to pass a resolution, and the
remaining three did not, it is possible that the by-law would not take effect. We have not
reviewed the latest electoral Figures of the lower-tier municipalities for the purposes of this
opinion.
Conclusion:
`['he Municipal Elections Act provides for the mechanism by which. a question cvi be
placed on an election ballot by the Region. (here is sorne doubt in this case whether the
question itself is valid, as it appears to relate to a matter of provincial interest as set out in the
regulations. The Act does not provide a clear course of action in the event that the Rcior, asks a
lower-tier municipality to place a question of the ballot that should not properly be included
under the Act; there is no clear authority to refuse to put the question oft the ballot. As noted
above, there are appeal options with respect to a question, but only with respect to whether the
question is clear, concise and neutral and whether the question is capable of beutg answered in
the affirmative or the negative and that the only
permitted answers to the question are "yes" or
47 PA
on the (Ittestior, relating to a maticr of provincial interest appears to
rapirc l court action. In our opinkm We concerns should be note(] to tlic Region.
lfxou lm%c any questjons or rcq&rc addithmad *,;,Skl;trrcc, plc~lsc Contact. ilte i 11d rsined.
Yours MY,
LOOPSTR,1 NIXON LI,P
Per:' j
Quil A Annibale
MW dmmww-~ SAM
TOWNSHIP OF
4 8
P4. 3
S'
lUU90
9
:t
, ~~-I? 35rtD
C?RZ~ RL.:
TO:
r G~ co~~~
F
f
April 13, 2010
r Ms. Debi Shields
City Clerk
City of Pickering
1 The Esplanade
Pickering ON L1 V 6K7
Re: Municipal Council - Length of Term
Dear Ms. Shields:
At a regular meeting of the Council of the Township of Scugog held March
29, 2010, the above captioned matter was discussed.
I wish to advise that the Council, through resolution, requests your support
to identify the feasibility of changing the Municipal Council term back to
three years. A copy of the resolution is enclosed for your information.
We look forward to receiving your response. . Should you have any
questions in this regard, please do not hesitate to advise.
Yours ruiy,
Kim C ates, AMCT
Clerk
Encl.
Township of Scugog, 181 Perry St., PO Box 780, Port Perry, ON 1-91- 1A7
Telephone: 905-985-7346 Fax: 905-985-9914
www.scugog.ca
Council Meeting #5
March 29, 2010
vi. By-Law Number 31-10 - To amend By-Law Number 124-05 to
49 regulate traffic on highways in the Township of Scugog, namely
Carlan Drive.
RESOLUTION NO: 10-97
Moved by: Councillor Smith
Seconded by: Councillor Lamrock
THAT By-Law Number 31-10 be read a First, Second and
Third time and finally passed this 29th day of March, 2010
and the Mayor and Clerk are hereby directed to sign
same and affix the Corporate Seal thereto.
Carried
vii. By-Law Number 32-10 - To authorize the execution of a
revised lease agreement with the Blackstock Agricultural
Society with respect to property municipally known as 3416 and
3440 Church Street, Blackstock.
RESOLUTION NO: 10-98
Moved by: Councillor Smith
Seconded by: Councillor McMillen
THAT By-Law Number 32-10 be read a First, Second and
Third time and finally passed this 29th day of March, 2010
and the Mayor and Clerk are hereby directed to sign
same end affix the Corporate Seal thereto.
Carried
10. NOTICE OF MOTIONS -NIL
11. OTHER MATTERS
i. Provincial Budget and the Impact at the Municipal Level
The Director of Finance provided a brief overview of the key
points of the provincial budget that was released last week
• The Director of Finance advised that the three. key
messages were: that the province is "open for business",
focus will be on protecting public services and the
management and investment for the future via a new 10 year
investment in infrastructure
ii. Municipal Council - Length of Term
RESOLUTION NO: 10-99
Moved by: Councillor Brock
Seconded by: Councillor Lamrock.
THAT this Council seek consultation and support from
area municipalities within the Regional Municipality of
Durham to identify the feasibility of changing the
Municipal Council term back to three years.
Carried
81
THE CORPORATION OF THE Bur 3012. A Church Stre
St. Catharincs. Ontario. Canada 1.2Ii 7,
CITY CAE ST. CATHARINES Tel: 903.688.5600 wa°w.stcaitharincs
BRIAN S6
MAYOR CC3~~-
50
November 24, 2009
Prime Minister Stephen Harper
Office of the Prime Minister
80 Wellington Street
Ottawa, ON K1A OA2
Dear Prime Minister Harper,
On behalf of St. Catharines City Council, I would like to express our support for the Private Members
Bill introduced by Welland MP Malcolm Allen asking that the Royal Canadian Legion be exempt from
GST on purchases of red lapel poppies.
The poppy has come to represent our respect for the sacrifices made by the men and women who
have served our country and sacrificed their lives to protect our freedoms. The sale of poppies every
November is a critical fundraising tool for the Royal Canadian Legion who use the money collected to
support veterans and their families.
By charging 5 per cent GST on the purchase of poppies, a tax that can not be recouped through the
donation box, the federal government is inadvertently having a negative impact on the services
offered to veterans.
St. Catharines City Council urges you to support veterans, their families and the Royal Canadian
Legion by removing the 5 per cent GST charged on poppies.
Thank you for considering this request.
Best regards, 2. .
Brian McMullan
Mayor
Cc Malcolm Allen MP
Rick Dykstra MP CaRRSP.
Jim Bradley MPP Co~ o Tor rcc-t c~
Peter Kormos MPP
St. Catharines I'tee Garden C ly - A 64dcainhkx , and Maturing Cclifirtimlity
Oshawa
Cor orate Services Department
Prepare To Be Amazed P City Clerk Services
ED
CITY ocolc
KERING
File C-2610
APR 1 9 11
April 12, 2010 C RK`s 04VISIR~ _
r=.~_,
(1Ylo-~- o n for zpl r e c+► nn)
The Honourable Dwig uncan
Minister of Financ Municipal Property A ssment Corporation
7 Queen's Par rescent, 7th floor 1305 Pickerin rkway
Toronto, O M7A 1Y7 Pickering, L1V 3P2
Re: Impact on Property Values of Green Initiative Renovations
City Council considered the matter at a meeting held April 6, 2010 and adopted the following
recommendation of the Finance and Administration Committee:
"Whereas all home owners should be encouraged to renovate their homes utilizing
'Green Initiatives' for the betterment of the environment; and,
Whereas Green Initiatives stimulate the economy and create jobs; and,
Whereas residents should not be penalized by having their properties increase in
value for being environmentally mindful;
Therefore be it resolved, the Province of Ontario and Municipal Property
Assessment Corporation (MPAC) be requested to investigate how property values
are increased and establish a program where renovating homes utilizing 'Green
Initiatives' does not increase the property assessment of the home; and,
That a copy of this resolution be sent to MPAC, the Association of Municipalities of
Ontario, Durham MPP's, the Region of Durham and local area municipalities."
Your consideration of this important issue is appreciated. By copy of this letter, I am advising
the Association of Municipalities of Ontario, Durham MPP's, the Region of Durham and local
area municipalities of Council's decision.
The Corporation of the City of Oshawa, 50 Centre Street South, Oshawa, Ontario L1 H 3Z7
Phone 905.436.5639 1.800.667.4292 Fax 905.436.5697
www.oshawa.ca
-2-
If you need further assistance, please contact Chris Brown, Director, Finance Services at the
address listed below, or by telephone at 905-436-5636 extension 2376.
52
"
Sandra Kranc
City Clerk
SK/mm
c. Finance Services
Association of Municipalities of Ontario (AMO)
Christine Elliott, MPP Whitby-Oshawa
Wayne Arthurs, MPP Pickering-Scarborough East
Jerry Ouellette, MPP Oshawa
John O'Toole, MPP Durham
Rick Johnson, MPP Haliburton-Kawartha Lakes/B.rock
Joe Dickson, MPP Ajax-Pickering
Pmt" Madill, Regional Clerk, Region of Durham
,-Debbie Shields, City Clerk, City of Pickering
Martin de Rond, Clerk, :Town of Ajax
Thom S. Gettinby, Clerk, Township of Brock
Patti L. Barrie, Clerk, Municipality of Clarington
Kim Coates, Clerk,' Township of Scugog
Debbie Leroux, Clerk, Township of Uxbridge
Debi Wilcox, Clerk, Town of Whitby
i
Call 0~
ICI
I
PICKERING- memo
<:O" 3F-t-Z)
To: Mayor Ryan and April 28,20,10
Members of Council
From: Gillis A. Paterson
Director, Corporate Services & Treasurer
Copy: Chief Administrative Officer
Subject: AMO Position Paper on Joint and Several Liability Reform in Ontario
File: A-2500-001 ,
On April 13, 2010 the Clerk sent each Member of Council, by email, the AMO Position Paper on
Joint and. Several Liability Reform in Ontario. A copy of that email and the Executive Summary of
the paper is attached (the entire 32 page document is available online).
I
This issue is very important to Ontario Municipalities as it costs millions of dollars every year either
directly or through higher insurance premiums. Several attempts at this reform have been made
over the years with the paper being the latest.. AMO is seeking the support of all municipalities in
these efforts.
Council is encouraged to endorse the AMO position paper.
ORIGIN{ ^
TQ:
s
COPY
TO:
Attachment
a ~
Shields, Debbie
From: Shields, Debbie 54
Sent: April 13, 2010 11:03 AM
To: ******Mayor-, *****Councillors; ****Directors; Quinn, Thomas J.
Subject: FW: AMO Breaking News - Joint and Several Liability Paper
-----Original Message-----
From: communicate@amo.on.ca [mailto:communicate@amo.on.ca]
Sent: April 12, 2010 11:42 AM
To: Shields, Debbie
Subject: AMO Breaking News - Joint and Several Liability Paper
TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL
April 12, 2010
Joint and Several Liability Paper
The Association of Municipalities of Ontario has presented its paper
<http://www.amo.on.ca/AM/TemplateRedirect.cfm?Template=/CM/ContentDisplay.cfm&ContentlD=1
57455> , on joint and several liability reform to the Attorney General's office. The paper highlights
how municipalities have become the targets of litigation when other defendants fail to have the
means to pay high damage awards. The price communities are paying is steep - municipal insurance
premiums and liability claims continue to increase dramatically. This is despite enormous
improvements to safety including new standards for roads, playgrounds, pool safety, better risk
management practices, and the scaling back of some services. Municipalities should not be insurers
of last resort. Many other common law jurisdictions have better approaches and others are pursuing
liability reform. It is time for Ontario to do the same.
Letters of support and resolutions have been received from municipal councils in every corner of the
province since the draft paper was released late last year. Councils wishing to add their voice to this
issue should send a copy of their resolution to Matthew Wilson, Senior Policy Advisor at
mwilson .amo.on.ca <mailto:mwilsonCa~amo.on.ca> or by mail to the Association's office. All
municipal resolutions received will be sent to the Province.
1
55
AL Mit
Association of Municipalities of Ontario
The Case for Joint and
..Several Liability
Reform in Ontario
Presented by the AMO
Municipal Liability Reform
Working Group
April 1, 2010
Association of 200 University Avenue, Suite 801
Toronto, ON M5H 3C6 Canada
Municipalities Tel: 416-971-9856 Fax: 416-971-6191
email: amo aaamo.on.ca
of Ontario website: www.amo.on.ca
i
The Case for Joint and Several Liability Reform in Ontario -56
.
Executive Summary
The joint and several provisions of the Negligence Act, indicate, "Where damages
have been caused or contributed to by the fault or neglect of two or more persons
and, where two or more persons are found at fault or negligent, they are jointly
and severally liable to the person suffering the loss or damage..."
Also known as the 1 % rule, the joint and several provisions may oblige a
defendant, which is only 1 % at fault, to pay the plaintiff's entire judgment
particularly in cases where the other defendant is unable to meet a court ordered
award. As "deep pocket" defendants with seemingly limitless public resources at
their disposal through the power of taxation, municipalities have often become the
targets of litigation when other defendants do not have the means to pay high
damage awards.
Joint and several liability is problematic not only because of the disproportioned
burden on municipalities that are awarded by courts. It is also the immeasurable
impact of propelling municipalities to settle out of court to avoid protracted and
expensive litigation for amounts that may be excessive, or certainly represent a
greater percentage than their degree of fault.
Municipalities exist to connect people to their community and the social and
recreational opportunities which advance the development of a community. In this
paper, there are many examples from across the province where municipalities
have scaled back on what they offer as an unfortunate side effect of this litigious
era. At what cost will this continue? It is time to find a reasonable balance and
follow the lead of so many other jurisdictions which have pursued joint and several
liability reform. In fact various forms of proportionate liability have now been
enacted by all of Ontario's competing Great Lakes states as well as 38 other
states south of the border.'
1 Chartered Accountants of Ontario http://wvww.casforchan2e.ca/LE/index.aspx
Page 2
5 7 The Case for Joint and Several Liability Reform in Ontario
It should be explicitly noted that for all of its faults, joint and several liability does
ensure that plaintiffs are not left empty handed. This paper in no way intends for
aggrieved parties to be denied justice or damages through the courts, rather that
the inequity of how much deep pocket defendants like municipalities are paying
for both in and out of court settlements be addressed.
This paper reveals that the origin of joint and several liability has never been an
explicit legislated intent of common law jurisdictions. Rather the law has evolved
over hundreds of years by default as the result of the combined effect of technical
and often primitive concepts of tort law. Since the industrial era-, many support
mechanisms have been provided by modern societies which did not exist when
joint and several liability principles first originated. Today in Ontario, the following
exist: accident benefit schemes for those injured in automobile accidents, universal
healthcare, employers benefit plans, private disability insurance, new home and
title insurance,. and workers compensation schemes for those injured on the job.
While the legal environment has stayed the same, society has not, and these
advances are further proof of the archaic nature of joint and several liability.
Many common law jurisdictions around the world have adopted legal reforms to
limit the exposure and restore balance. With other Commonwealth jurisdictions'
and the vast majority of state governments in the United States having modified
the rule of joint and several liability in favour of some form of proportionate liability,
it is time for Ontario to 'do the same.2
Ontario municipalities call on the Government to reform joint and several liability as
it exists today, with a particular regard for the impact it has on 'deep pocket'
property taxpayers and their communities. Ontario municipalities ought not to be
insurers of last resort, targeted deliberately in some instances because of joint and
several. If this situation is allowed to continue, the scaling back on public services
in order to limit liability exposure and insurance costs will only continue.
2 Report of the Standing Senate Committee on Banking, Trade and Commerce, Chairman: The Honourable
Michael Kirby, Joint and Several Liability and Professional Defendants- Options Discussion Paper, October 1997
Part 3, Section C.
Page 3
The Case for Joint and Several Liability Reform in Ontario 58
Regrettably it will be at the expense of local' communities, across the province.
Discussion with the Attorney General through the Memorandum of Understanding
process and in other forums which lead to reform can help alleviate the effects
joint and several liability currently have on Ontario municipalities.
Page 4
s
pridenv Pride Durham Inc.
Alive with Pride 2010
C/O Club 717, Unit 7- 717 Wilson Road S
DURHAM Oshawa ON L1 H.6E9 Attn: Jean Guy
Aaron Cleveland 905.429.9966
C Udana Muldoon 289.892.2387
Attn: Elected Board Members of all Municipalities of Durham Region; 3~-to
Mayors, Councilors, Clerks, Staff and Council appointees
Durham Region, Pickering, Ajax, Whitby,.Oshawa, Clarington, Brock, Uxbridge and Scugog
April 19th, 2010
RE: Proclamation of PRIDE WEEK in Durham Region
June 6th -June 13'h 2010 and raising the Pride Rainbow Flag for the week
Pride Durham Inc, a not-for-profit organization, and the Lesbian, Gay, Bisexual, Transgendered
and Queer (LGBTQ) communities of Durham Region have pulled together to build amazing.
events throughout the week of June 6th - 13th, 2010 with the main Pride event on June 12 ,
2010. This event is designed for the LGBTQ and allies to celebrate our communities'
accomplishments, culture and forward movement in equality.
With this celebration, a privileged moment is presented to set up initiatives to show your
commitment to the fight against homophobia. This week calls out to the public in all communities
as well as those actively involved in civil service to take part.
We therefore request that all municipalities of Durham Region (all Cities, Towns and the Region)
to pass a resolution proclaiming June 6' - 13' 2010 to be PRIDE Week in Durham at its next-
meeting. With each passing year, more and more Canadians use this week to send their fellow
citizens a message of tolerance, openness and hope.
The second effort we propose consists of raising the Rainbow Flag on one and all of the
municipality's flagpoles for the week of June 6th -June 13th , 2010. To save costs, staffing and
otherwise; and to better enable you to participate, you could raise the flag on Friday, June 4th .
and remove the flag Monday, June 14t after the week is complete. The Pride flag represents
sexual minorities' victories and struggles for equity/equality; this flag is an international symbol of
gay, lesbian, bisexual, transgender and transsexual (LGBT) communities.
Legislators, governments and municipal administrators are also invited to this large annual
gathering of community and celebration.
We are looking forward to hearing from you and to attend your flag raising ceremony.
Sincerely yours,
PSI
r o:
m .
Udana Muldoon
Public/Media Relations
Pride Durham Volunteer Committee
289.892.2387 .
udanamul@hotmail.com e
SB April 23, 2010
8H, 60
Spina Bifida & Hydrocephalus Mayor David Ryan
Association of Ontario
City of Pickering
One the Esplanade
Pickering, ON L1V 6K7
Dear Mayor David Ryan,
HONOURARY PATRON
Hon. David c. onleyy We are requesting the City of Pickering to consider proclaiming June;
Lieutenant Governor of Qntario
Spina Bifida and Hydrocephalus Awareness Month, in your region to help
raise awareness of these life long, complex conditions. Enclosed please find a
MEDICAL ADVISORY BOARD sample proclamation for your convenience.
Chair
James Drake, BSE, MB, Bch, The Spina Bifida and Hydrocephalus Association of Ontario (SB&H), a .
. NISc, FRCSC, FACS
registered charitable organization is proud of it's 37 year history of delivering
Michael D. Cusimano, MD, IVIHPE,
FRCS, DA.BNIS, PW FACS programs and services, that improve the quality of life of children, youth and
Maureen Dennis, PhD adults with spina bifida and/or hydrocephalus through research, awareness,
Sandrine de Ribaupierre, MD care and advocacy.
i
Ruth. Donnelly, PhD, C.psych.
Miles G. Johnston, BSc, PhD We are working to inform the public through our education campaigns.
Abhaya V. Kulkarni, MD, PhD, FRCSC
Andrea Neufeld, MScN, R'V, APN Folic Acid It's Never Too Early, an important message for all
Adrianna Ranger, MD, Fxcsc women of. child bearing age and women in high risk groups.
Michael Vassilyadi, MD, CM, MSc, SB&H promotes the benefits of folic acid in reducing the incidence
FRCSC, FACS, FAAP
Herta Yu, RN, NIN, APN of neural tube defects, such as spina bifida, by as much as 70%.
Normal Pressure Hydrocephalus (NPH) a neurological condition
that affects adults 55 and older. This little known form of
hydrocephalus is often misdiagnosed as Alzheimer's or
Parkinson s Disease. When NPH is detected early symptoms may
be partially or fully reversed.
Thank you for considering this year's re hest -
TO-TD:
Sincerely, t - `
E
f
Joan Booth }
555 Richmond Street West, P.Q. Sox 103. i
Suite 1006, Toronto, Ontario, M5V 381 Executive Director
rf'
T 416 214-1056-800-387- 1575
i 416-214-1446 r n p
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4,CT~CN
Encl. r E 4\ 7-
provincial@sbhao.on.ca
mvw.sbhao.on.ca Cm~~ 'O +0
Charitable Registration #10799 9310 RR0001
ORIGINAL
TO:
61
TO:
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•
April 15, 2010
Ljn , r~-_Cq PY- O&ROL7LATE TO;
,
_J-77
u.
COUNCIL
a *?V OFFICE SUSTAIN ~
Mayor Dave Ryan
City of Pickerin CEV CLERK X;
9 :D Z& E M E R G LEGAL
One The Esplanade Iy10+iokN +O S, -
17e.~lc~rG M ~ REC HUMAN RES
Pickering, ON L1 V 6K7 CUST CARE
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tti, E MGRCUST&AOM~
To Mayor Ryan and Council: - -
We are excited once again for the upcoming celebration of June as Recreation and Parks Month (JRPM) for 2010. Since 2005,
June has been proclaimed as Recreation and Parks Month helping children, families, organizations, and communities across
Ontario and Canada celebrate the wonderful benefits that parks and recreation provide.
It is with pleasure that I am providing you with copies of new materials that will help you and your community promote the
benefits of recreation and parks within Ontario. Just as the provincial government has made healthy communities a priority,
JRPM is re-affirmed in its commitment to highlight the opportunities and values to participating in recreation, parks, and the
great outdoors within your local community.
Communities that support this approach become 'Community Ambassadors' and I am pleased to provide you with
information and resources to help your community become and remain involved.
June is Recreation and Parks Month 2010 Insert
Enclosed is the JRPM 2010 Insert which shows.,how you, as an elected official, can support this important initiative that will
benefit your municipality. It displays 2009 success stories, Community Ambassadors and photos from the winners of the
Photo Contest!
Municipal Proclamation Template
Help promote healthy communities by being one of many municipalities to proclaim June as Recreation and Parks Month!
Enclosed is a template you can use.
I hope you find this information of use as you strengthen your commitment to a healthy Ontario! For further information
about JRPM, please fee free to contact Tia Wintre at 416.426.7270 or visit our website at www.recandparksmonth.ca
Regards,
~ titer
Darlene Joslin
Chair, Ontario JRPM Advisory Committee
c/o 1 Concorde Gate, Suite 302, Toronto, ON M3C 3N6
TEL 416.426.7270 FAX 416.426.7371 WEB www.recandparksmonth.ca EMAIL jrpm@prontario.org
JRPM Delivery Partners
Heart and Stroke Foundation of Ontario • Ontario Recreation Facilities Association • Ontario Parks Association Parks and Recreation Ontario
From: Shari Lovelock [maiIto: Shari. Lovelock@cnib.ca]
Sent: April 26, 2010 1:57 PM
To: 'mayor@cityofpickering.com'
Subject: CNIB Vision Health Month 62
Shades of Fun: How to Celebrate Vision Health Month in Pickering
Dear Mayor Ryan,
CNIB has declared the month of May Vision Health Month. Fun and informative activities will be
taking place across Canada, encouraging citizens to protect their eyes and have regular exams tor,
prevent eye disease.
Thursday, May 27 is "Shades of Fun" day. Cities, organizations and individuals will be raising
awareness and funds for CNIB in a unique and engaging way that involves wearing sunglasses to
work. Collectively wearing sunglasses on this day demonstrates a commitment to eye health, as
excessive exposure to sunlight. is a contributor to the development of major eye conditions such as
cataracts and age-related macular degeneration.
It's easy for your city to support Vision Health Month. Some ideas are:
declare Thursday, May 27 CNIB Day in Pickering -joining many other Ontario cities including
Oakville, Lindsey, Barrie, Brampton, Ottawa, Brockville, Quinte, Kingston, Belleville, Cornwall,
Sault Ste. Marie and Timmins
- encourage staff to wear sunglasses to work and donate $2 to CNIB
- hold a public yoga event - join the CNIB Great Canadian Yoga Stretch
- host a fundraiser such as a dinner, barbecue or picnic
collaborate with CNIB to leverage. media opportunities
CNIB has been a vital charity in Canada for over 90 years, providing blind and partially sighted
Canadians the confidence, skills and opportunities to reach their goals. Our aging population is
turning to CNIB at a record pace - over one million people contact CNIB each year - and we really
need your support.
1 hope you will celebrate Vision Health Month and show Pickering's shades of fun!
Sincerely,
Shari Lovelock
.1, coov
Shari Lovelock T: -
Director of Development, Central Region ~Y4T
CNIB _
1929 Bayview Ave: F
Toronto ON M4G 3E8' k
T: (416) 486-2500, ext. 7695 L.. a-~ IZ 1 ~.D
F: (416) 480-7700-`°`.'::
CNIB: Vision health. Vision hope. Visit cnib.ca. ~mo+%OA - c> 17~~~ar~~
cnib.ca/shareyourvision
rr ti. 1 { 1~ T r~ N
d
j ~
63
r.
Make vision health your priority this May. CNIB has fun and engaging
activities promoting the importance of protecting your eyes and
preventing eye disease.
Vision Risk Assessment May 1 - 31, 2010
t4 How healthy are your eyes? Visit your eye doctor for regular exams
and take the CNIB Vision Risk Assessment to learn more about risk
jr factors for eye disease at cnib.ca.
A. ~ r
The Great Canadian Yoga Stretch May 1 31, 2010
What is your stretch goal? Between May 1 - 31, take part in CNIB's
national yoga campaign in support of Canadians who are blind or
b partially sighted. Challenge yourself with your own personal stretch
` goal and join CNIB in the Great Canadian Yoga Stretch. Raise funds
and get fit. Whether you are just trying yoga out or are a yogi who
has been practicing for some time, the program is for everyone.
Visit greatcanadianyogastretch.ca for more information.
i.
i t
- Shades of Fun Day May 27, 2010
What is your shade of fun? Protecting your eyes from sun exposure
is important. On May 27, people across the country will be wearing
- their sunglasses to work or school while raising funds for CNIB.
Visit shadesoffunday.ca to participate!
We're Here To Help You
If you or someone you care about is living with vision loss, CNIB can help. We provide the
confidence, skills and opportunities for people who are blind or partially sighted to enjoy
life to the fullest. Contact us today at cnib.ca or 1-800-563-2642 for more information.
cnib inca
vision health. vision hope. santevisuelle,
une vision pour Covenir.
k The Ontario Family Fishing Weekend_ _ 4D4
Steering Committee
OFAH FILE: 422FFW
May 7, 2010 RECEIVED
CITY OF PICKERING
MAY 1 0 2010
radian Natfoq~
TO: All Ontario Municipalities CLERK'S DIVISION
Ao~rIshing Folax acl oo SUBJECT: Something New for 2010!!
Ontario Family Fishing Week
For years the Ontario Family Fishing Weekend Committee has been asking the Province
CSIA of Ontario to increase this popular event a full week to run in conjunction with National
Fishing Week.
Well it's finally happened, and in partnership with many nongovernment organizations,
such as the Ontario Federation of Anglers and Hunters, the summer weekend has now
become a nine-day event to run from Saturday, July 3 through Sunday, July 11, 2010, as
a licence-free fishing week.
This special week now includes two weekends, and a full week of fish festivals, clinics,
or conservation and educational activities that may be held in your area.
Would you please help us publicize the 2010 Ontario Family Fishing Week in any
calendar of summer events you may participate in or publish? In addition, please consider
ti'-'Ontario "declaring" these dates as Ontario Family Fishing Week.
Please be reminded that there will again be an Ontario Family Fishing Winter Weekend
in February 2011. There will be more details on this later in the year.
For further information, please contact the following during business hours:
FW-Wend Oceans P6a $et O06a
Canada Canada
Ontario Federation of Anglers and Hunters (705) 748-6324 Ext 233
Ontario Ministry of Natural Resources (705) 755-1902
Transport Transports
Canada Canada
Yours in Conservation, TO.
~P1
9 TO:
`f' p k
Mark Cousins, Chair
Ontario Family Fishing Weekend Steering Committee
E
c/o Ontario Federation of Anglers and Hunters ;
4601 Guthrie Drive
Peterborough, Ontario K9J 8L5~~
a
/mc $ i.
O-i o n _~C> DCx_k4r~~
Caq°0 6 5
- May 17, 2010
PICKE I G
COMMITTEE REPORTS
a) REPORT PD 2010-04 OF THE PLANNING & DEVELOPMENT COMMITTEE
P & D PAGES BLUE
1. Director, Planning & Development, Report PD 09-10 9-21
Licence Agreement Extension - Ontario Parcel Agreement
-Supply of Digital Mapping
RECOMMENDATION
1. That Council approve entering into an extension of the agreement with the
Region of Durham for the supply of digital parcel mapping of Pickering for a
five year period at a total cost of $29,245.00 (plus applicable taxes) with an
annual payment of $5,849.00 (plus applicable taxes) to be funded from the
current budget of the Planning & Development Department;
2. The Mayor and the Clerk be authorized to execute any subsequent renewals
or extensions of this agreement on substantially similar terms and conditions
acceptable to the Director, Planning & Development, and;
3. Further, that the appropriate officials of the City of Pickering be authorized to
give effect thereto.
2. Director, Planning & Development, Report PD 11-10 22-40
Growth Strategy Program (Part of the Pickering Official Pan Review)
and the Province's Draft Decision on Region of Durham's OPA 128
RECOMMENDATION
1. That Report PD 11-10 of the Director, Planning & Development respecting
the Pickering Growth Strategy Program and the Province's Draft Decision on
the Region of Durham's OPA 128, be received for information; and
2. Further, that Report PD 11-10 be forwarded to Ministries of Municipal Affairs,
Housing and Energy and Infrastructure and the Region of Durham.
3. Director, Planning & Development, Report PD 12-10 41-45
West Rouge Canoe Club
Request for Extension of Lease Agreement with
Toronto and Region Conservation Authority
for Paddling Facility on West Spit of Frenchman's Bay
RECOMMENDATION
66
1. That the request of the West Rouge Canoe Club to extend its lease
agreement with the Toronto and Region Conservation Authority for three
years on an annual basis commencing with the period November 1, 2009, to
October 31, 2010, and expiring October 31, 2012, to accommodate a
temporary compound on the west spit of Frenchman's Bay for the storage,
within trailers, of canoes and kayaks associated with the club's paddling
facility, be supported by Council, and
2. Further, that the City Clerk forward a copy of Report PD 12-10 to the Toronto
and Region Conservation Authority.
Citq 00 .6 7
May 17, 2010
PICKERING
COMMITTEE REPORTS
b) REPORT EC 2010-04 OF THE EXECUTIVE COMMITTEE
EXECUTIVE PAGES YELLOW
1. Chief Administrative Officer's Report, CAO 08-10 7-9
2010 Toys for Tickets/Food for Fines Promotion
RECOMMENDATION
That the Toys for Tickets/Food for Fines Promotion be implemented for December
16 and 17, 2010.
2. Director, Operations & Emergency Services, Report OES 12-10 10-17
New. Carbon Monoxide Detector Bylaw
RECOMMENDATION
1. That Report OES 12-10 of the Director, Operations & Emergency Services
regarding "Carbon Monoxide Detector By-law" being a,by-law to require the
installation of carbon monoxide detectors in residential occupancies be
received; and
2. That the attached draft "Carbon Monoxide Detector By-law", requiring the
installation of carbon monoxide detectors in residential occupancies be
enacted.
3. Director, Corporate Services & Treasurer, Report CS 08-10 18-31
LAS Energy Procurement Program
RECOMMENDATION
1. That Report CS 08-10 of the Director, Corporate Services & Treasurer be
received;
2. That the Commodity Hedge Pricing Policy attached to this report be
approved;
3. That the Director, Corporate Services Treasurer be authorized to execute
Agency Appointment Agreements with Local Authority Services (LAS) and
any other related documents to provide for the hedging of energy prices; .
68
4. That Council authorizes Local Authority Services, through its appointed
agent, to have access to electricity consumption data from the local electrical
utility on an as needed basis, in order to compile load profile information for
the procurement program; and,
5. That the appropriate officials of the City of Pickering be authorized to give
effect thereto.
4. Director, Corporate Services & Treasurer, Report CS 11-10 32-41
Cash Position Report as at December 31, 2009
RECOMMENDATION
It is recommended that report CS 11-10 from the Director, Corporate Services &
Treasurer regarding cash position as at December 31, 2009 be received for
information.
5. Director, Corporate Services & Treasurer, Report CS 14-10 46-53
Development Charges Reserve Fund - Statement of the Treasurer for 2009
RECOMMENDATION
That Report CS 14-10 of the Director, Corporate Services & Treasurer respecting
the Development Charges Reserve Fund be received for information.
6. Director, Corporate Services & Treasurer, Report CS 15-10 54-63
2010 Tax Rates for all Classes of Property and Final Tax Due Dates for All Realty'
Tax Classes Except for Commercial, Industrial & Multi-Residential Realty Classes
RECOMMENDATION
1. That Report CS 15-10 of the Director, Corporate Services & Treasurer be
received;
2. That the 2010 tax rates for the City of Pickering be approved as contained in
Schedule A of the By-law attached hereto; .
3. That the tax levy due dates for the Final Billing be June 28, 2010 and
September 28, 2010 excluding the industrial, multi-residential and
commercial realty tax classes;
4. That the City of Pickering continue its policy of providing property tax relief to
the Royal Canadian Legion Branch 483 (Claremont), for the City's share of
property taxes for the taxation years 2010 to 2020;
69
5. That the attached By-laws providing for the imposition of the tax rates
approved under Recommendation 1 and 4 above, be read three times and
approved;
6. That the Director, Corporate Services & Treasurer be authorized to make any
changes or undertake any actions necessary, including altering due dates, in
order to ensure the tax billing process is completed;
7. That the Director, Corporate Services & Treasurer be authorized to make any
changes to the final tax rates to comply with Provincial regulations; and,
8. That the appropriate City of Pickering officials be authorized to take the
necessary actions to give effect thereto.
7. Director, Corporate Services & Treasurer, Report CS 16-10 64-66
2009 Building Permit Stabilization Reserve Fund
RECOMMENDATION
That Report CS 16-10 from the Director, Corporate Services & Treasurer
regarding the 2009 Building Permit Stabilization Reserve Fund be received for
information.
8. Director, Corporate Services & Treasurer, Report CS 17-10 67-76
Investment Portfolio Activity for the Year Ended December 31, 2009
RECOMMENDATION
That Report CS 17-10 of the Director, Corporate Services & Treasurer regarding
Investment Portfolio Activity for the Year Ended December 31, 2009 be received
for information.
9. Director, Corporate Services & Treasurer, Report CS 18-10 77-79
Formal Quotations - Quarterly Report for Information
RECOMMENDATION
That Report CS 18-10 of the Director, Corporate Services & Treasurer regarding
Formal Quotations - Quarterly Report for Information be received for information.
10. Director, Corporate Services & Treasurer, Report CS 19-10 80-82
Section 357/358 of the Municipal Act- Adjustment to Taxes
RECOMMENDATION
1. That Report CS 19-10 of the Director, Corporate Services & Treasurer be
received;
70
2. That the write-offs of taxes as provided under Section 357/358 of the
Municipal Act, 2001 be approved; and,
3. That the appropriate officials of the City of Pickering be authorized to take the
necessary action to give effect hereto.
City 0¢
71
PICKE May 17, 2010
NEW AND UNFINISHED BUSINESS PAGES
1. Director, Operations & Emergency Services, Report OES 11-10 74-82
Tender for Roof Replacements - Pickering Fire Hall #2 and East Shore
Senior Centre
-Tender No. T-6-2010
RECOMMENDATION
1. That Report OES 11-10 of the Director, Operations & Emergency Services
regarding Roof Replacements at the Pickering Fire Hall #2 and East Shore
Senior Centre be received;
2. That Tender T-6-2010 submitted by Eileen Roofing Inc. at a cost of
$209,685.00 (GST included) be accepted;
3. That the total gross project cost of $232,785 (GST included) and 'a net project
cost of $221,700 including the tender amount and other associated costs be
approved;
4. That Council authorize the Director, Corporate Services & Treasurer to
finance the projects as follows:
a) the sum of $50,000 as provided for in the 2010 approved Capital Budget
and an additional sum of $2,900, for the Fire Hall to be funded from the
Federal Gas Tax Grant;
b) the sum of $105,000 to be funded from the Federal Gas Tax Grant, as
provided for in the 2010 approved Capital Budget for East Shore Senior
Centre be increased to $146,800;
c) the remaining sum'of $22,000 for both the Fire Hall # 2 and East Shore
Senior Centre for the contingency and miscellaneous costs to be funded
from property taxes;
d) the Director, Corporate Services & Treasurer be authorized to take any
actions necessary in order to give effect to the foregoing; and
5. That the appropriate City of Pickering officials be authorized to take
necessary action to give effect thereto.
2. 7Director, Planning & Development, Report PD 13-10 83-86
Appointment of Deputy Chief Building Official
Under the Building Code Act
RECOMMENDATION
That the City's Building By-law 6603/05 which appoints the Chief Building Official,
Deputy Chief Building Official and Inspectors be amended as set out in Attachment
1 to Report PD 13-10.
3. Chief Administrative Officer's Report, CAO 07-10 87-95
Establishment of a Compliance Audit Committee
under the Municipal Elections Act, 1996, as amended
RECOMMENDATION
1. That a Compliance Audit Committee be established in accordance with the
provisions of the Municipal Elections Act, 1996, as amended;
2. That the Compliance Audit Committee be delegated full authority to exercise
all powers and functions related to compliance audit applications;
3. That the Compliance Audit Committee be comprised of three members with
credentials and experience suitable to consider matters related to the
election campaign finance provision of the Municipal Elections Act;
4. That the terms of reference for the Compliance Audit Committee including
the remuneration for Committee members be adopted;
5. That the City Clerk recruit and recommend three qualified individuals for
appointment to the committee; and
6. That the draft by-law attached to Report CAO 07-10 be enacted.
4. Director, Corporate Services & Treasurer, Report CS 13-10 96-109
Fire. Dispatch - Amalgamation with the Town of Ajax
RECOMMENDATION
1. That Report CS 13-10 of the Director, Corporate Services & Treasurer be
approved and received;
2. That the Mayor and Clerk be authorized to sign an agreement between the
City of Pickering and the Town of Ajax, in a form essentially as attached to
this report, acceptable to the Chief Administrative Officer, the Director of
Operations & Emergency Services, the Fire Chief and the Director, Corporate
Services & Treasurer, to provide for the establishment, maintenance and
operation by the Town of Ajax of a centralized communications system for
emergency response purposes providing Dispatch services to Pickering Fire
Services;
3. That the Director, Corporate Services & Treasurer be authorized to enter into
agreements with CriSys Limited, either directly or through the existing 73
agreement with the Town of Ajax, to provide emergency Dispatch
communications systems, including future renewals, extensions, upgrades,
replacements and service agreements;
4. That, notwithstanding the Purchasing Policy, the Director, Corporate Services
& Treasurer or designate, Manager, Supply & Services, be authorized to
issue Purchase Orders and/or enter into agreements to single source with
service, systems, and hardware suppliers required to provide emergency
Dispatch, emergency notification and other related functions including 911,
communications between Fire Halls, and call-out notifications for Fire
Services in the City of Pickering, including future renewals, extensions,
upgrades, replacements and service agreements;
5. That the Chief Administrative Officer, the Director, Operations & Emergency
Services, the Director, Corporate Services & Treasurer and any other
appropriate staff be authorized to sign any other documents required to
complete the amalgamation and ensure the ongoing operations including the
transfer of equipment and staff from Pickering to Ajax;
6. That the 2009 Capital Budget provision of $444,000 for the amalgamation of
Fire Dispatch with Ajax funded by the Investing in Ontario Grant, be
increased to $700,000 with the additional funding to be provided by the same
grant;
7. That the Director, Corporate Services & Treasurer be authorized to pay all
costs associated with the amalgamation of Fire Dispatch Services, including
those above, with funding to be provided by the Investing in Ontario Grant as
approved in the 2009 Capital Budget, and in this report, and to pay any
additional costs from this grant or from funds identified by the Treasurer at
year-end as being available; and,
8. That the appropriate officials at the City of Pickering be given authority to
give effect thereto to complete the amalgamation and ongoing operation of
Fire Dispatch services of the City with those of the Town of Ajax.
City q Report to Council
Report Number: OES 11-10
PICKERING Date: May 17, 2010
74
From: Everett Buntsma
Director, Operations & Emergency Services
Subject: Tender for Roof Replacements - Pickering Fire Hall #2 and East Shore
Senior Centre
- Tender No. T-6-2010
- File: A-1440-001-10
Recommendation:
1. That Report OES 11-10 of the Director, Operations & Emergency Services
regarding Roof Replacements at the Pickering Fire Hall #2 and East Shore
Senior Centre be received;
2. That Tender T-6-2010 submitted by Eileen Roofing Inc. at a cost of $209,685.00
(GST included) be accepted;
3. That the total gross project cost of $232,785 (GST included) and a net project
cost of $221,700 including the tender amount and other associated costs be
approved;
4. That Council authorize the Director, Corporate Services & Treasurer to finance
the projects as follows:
a) the sum of $50,000 as provided for in the 2010 approved Capital Budget
and an additional sum of $2,900, for the Fire Hall to be funded from the
Federal Gas Tax Grant;
b) the sum of $105,000 to be funded from the Federal Gas Tax Grant, as
provided for in the 2010 approved Capital Budget for East Shore Senior
Centre be increased to $146,800;
c) the remaining sum of $22,000 for both the Fire Hall # 2 and East Shore
Senior Centre for the contingency and miscellaneous costs to be funded
from property taxes;
d) the Director, Corporate Services & Treasurer be authorized to take any
actions necessary in order to give effect to the foregoing; and
Report OES 11-10 May 17, 2010
Subject:, Roof Replacement - Pickering Senior Centre and Fire Hall #2
75 Tender No. T-06-2010 Page 2
5. That the appropriate City of Pickering officials be authorized to take necessar y
action to give effect thereto.
Executive Summary: The roof replacement at the East Shore Senior Centre and .
Firehall #2 was approved by Council in the 2010 Capital Budget for the total amount of
$260,000.
The existing roof structures have reached the end of their useful life cycles and currently
are experiencing failure in several key areas. Replacement of the roof structures will
resolve the leakage issues, resulting in the reduction of maintenance costs as well as
improving the insulation factors.
The two (2) roof replacement projects combined are $38,300 less than the approved
budget, in accordance with the low tender. The Firehall project was estimated to be
$50,000 and was received at $52,900 and the East Shore Senior Centre project was
estimated at $210,000 and was received under budget at $146,800. The marginal
additional cost for the Firehall roof will be offset by the savings from the low tender on
the East Shore Senior Centre project.
Financial Implications:
1.
TENDER AMOUNT
T-6-2010 $199,700
GST $9,985
Sub-Total $209,685
GST - 5% ($9,985)
Total $199,700
CORP0227-07/01 revised
Report OES 11-10 May 17, 2010
Subject: Roof Replacement - Pickering Senior Centre and Fire Hall #2 76
Tender No. T-06-2010 Page 3
2.
APPROVED SOURCE OF FUNDS
Senior Centre and Fire Services Capital Budget
Operations & Emergency Services Department Capital Budget
Location Project Code Source of Budget Required
Funds
Roof Replacement 5701.1002.1701 Debt- 5 Year $105,000 $0
- Senior Centre
Roof Replacement 5701.1002.7505 . Federal Gas Tax $105,000 $105,000
- Senior Centre Grant
Roof Replacement 5340.1018.7505 Federal Gas Tax $50,000 $52,900
- Fire Hall #2 Grant
$260,000 $157,900
Total
Change in Financing: -
Roofing Replacement 5701.1002.7505 Federal Gas Tax Grant 41,800
- Senior Centre
Total Required for T-6-2010 $199,700
Misc. & Contingency 5701.1002.2823. Property Taxes 22,000
5430.1018.2823
Total Funds $221,700
3.
ESTIMATED PROJECT COSTING SUMMARY
T-6-2010
$199,700
Tender & Miscellaneous Costs $2,000
Construction Contingency 20,000
Total Project Costs 221,700
GST 11,085
Total Gross Project Cost 232,785
GST Rebate (11,085)
Total Net Project Cost $221,700
Project Cost under (over) approved funds by $38,300
CORP0227-07/01 revised
Repo OES 11-10 May 17, 2010
Subject: Roof Replacement - Pickering Senior Centre and Fire Hall #2
Tender No. T-06-2010 Page 4
Although the budget for the Roof Replacement-East Shore Senior Centre was approved
to be funded 50/50 by Federal Gas Tax Grant and City's share (debt), upon further
analysis, the roof replacement was deemed to be eligible for 100% for Federal Gas Tax
Grant. The source of financing for the City' share has been revised to include both
Federal Gas Tax Grant and property taxes as indicated under Recommendation 4 b)
and c).
With the new Harmonized Sales Tax (HST) coming into effect starting July 1, 2010, the
roof replacement projects will be affected by the HST. Under the HST, municipalities will
be charged 13% on most goods and services and subject to a rebate of 11.24%,
resulting in a net cost of 1.76% to the City. The above table has presented the taxes
based on a 5% GST and the 8% PST embedded in the cost. The impact of the HST will
be shown in the progress billing to the City when the invoices are paid.
Sustainability Implications: The existing roof structures have reached the end of
their useful life cycle, and are currently experiencing failure in several key areas.
Replacement of the four roof structures will resolve the leakage issues, resulting in the
reduction of maintenance costs as well as improving the insulation factors.
Background: Bids have been received to the tendering call, which closed on
Wednesday, April 28th, 2010 for the replacement of the roof structure for the Pickering
East Shore Senior Centre and Firehall #2. An advertisement was placed in the Daily
Commercial News and on the City's website. A mandatory site visit was held on
Tuesday, April 8th, 2010 and seventeen (17) companies attended. Six (6) bidders
submitted bids for this project of which two were rejected.
The low bid was submitted by Eileen Roofing Inc. This company's references have
been checked and are deemed acceptable by the Division Head, Facilities Operations.
The Health and Safety Policy, Clearance Certificate issued by Workplace Safety and
Insurance Board (WSIB), the WSIB Cost and Frequency Record and Certificate of
Insurance as submitted by Eileen Roofing Inc have been reviewed by the Coordinator,
Health & Safety and are deemed acceptable. In conjunction with staff's review of the
contractor's previous work experience and bonding available on this project, the tender
is deemed acceptable.
Upon careful examination of all tenders and relevant documents received, the Facilities
Operations Division recommends the acceptance of the low bid submitted by Eileen
Roofing Inc for Tender No. T-6-2010 in the amount of $209,685 (GST included) and that
the total net project cost of $221,700.00 be approved.
CORP0227-07/01 revised
i
Report OES 11-10 May. 17, 2010
78
Subject: Roof Replacement - Pickering Senior Centre and Fire Hall #2
Tender No. T-;;6-2010 Page 5
This report has been prepared in conjunction with the Fire Chief, Senior Financial
Analyst-Capital & Debt Management and the Manager, Supply & Services who concurs
with the foregoing.
Attachments:
1. Supply & Services Memorandum dated April 30, 2010
2. Record of Tenders opened and checked
Prepared By: Approved / Endorsed By:
l
e Dwinnell d2 A4- Everett Buntsma
Supervisor, Facilities Operations Director, Operations & Emergency Services
Caryn Kong Gillis Paterson
Senior Financial Analyst-Capital & Director, L. orate Services & Treasurer
Debt Management
Tony revedel
Division Head, Operations & Facilities
Bill Douglas1
Fire Chief
Vera A. Felgemacher
C.P.P., CPPO, CPPB, C.P.M., CMM III
Manager, Supply & Services
TP:mld
Copy: Chief Administrative Officer
CORP0227-07/01 revised
Reno OES 11-10 May 17, 2010
Subjecyct: Roof Replacement - Pickering Senior Centre and Fire Hall #2
Tender No. T-06-2010 Page 6
Recommended for the consideration
of Pickering City Council
Thomas J. Quinn, RD R, CM III
Chief Administrative Officer
CORP0227-07/01 revised
Carr 00 ATTACHMENT#_I TOREPORT#
PICKERING MEMO 80
To: Tony Prevedel April 29, 2010
Division Head, Operations & Facilities
From: Vera A. Felgemacher
Manager, Supply & Services
Copy: Superintendant, Facilities Operations
Subject: Tender No. T-6-2010
Tender for Roof Replacement - Pickering Fire Hall #2 and East Shore Community
Centre
Closing: Wednesday, April 28., 2010
Tenders have been received for the above project. An advertisement was placed in the Daily
Commercial News and posted on the City's website. Seventeen (17) bidders signed-in at the
mandatory held on Thursday, April 8, 2010 at 11:OOAM.
A copy of the Record of Tenders Opened and Checked used at the public tender opening is attached.
Tenders shall be irrevocable.for 60 days after the official closing date and time.
Purchasing Procedure No. PUR 010-001, Item 10.03 (r) provides checking tendered unit prices and
extensions; unit prices shall govern and extensions. will be corrected accordingly, which has been
done.
Copies of the tenders are attached for your review along with the summary of costs.
SUMMARY
PST INCLUDED/GST INCLUDED
Total Tendered After Calculation Total Tendered
Bidder Amount Option 1 Check Amount Option 2
(Base Bid) (Alternate Bid)
I Eileen Roofing Inc. $206,685.00 $209,685.00 No Bid
Nortex Roofing Inc. $220,500:00 $220,500.00 No Bid
Aseal Roofing & Sheet Metal Ltd' $237,510.00 $237,510.00 No Bid
Crawford Roofing Corp. $245,647.50 $245,647.50 No Bid
ATTACFi~ENT# TO REPORT#~~ O
Tenders received from the following bidders were rec ed'.
81
Bidder Reference
T. Hamilton & Son Automatic rejection - Tendering deposit not submitted with the
Roofing Inc. tender Reference: Purchasing By-law No. 5900-01, Procedure
No. PUR 010-001, 10.04, Item 7-9(c), 7-(15); Information to
;Bidders Items 16, 17, 18, Tendering Specifications Items 1, 2, 3.
Pop's Restoration Ltd. Automatic rejection - Late - Bid received after the specified
closing date, and time. Reference: Purchasing By-law No. 5900-
01, Procedure No. PUR 010-001, 10.04, Item 7-(1); Information
to Bidders Items 1,13, 17(b), 18...
Include the following items in your Report to Council:
(a) without past work experience, if reference information is acceptable;
(b) the appropriate account number(s) to which the equipment is to be charged;
(c) the budget amount(s) assigned thereto;
(d) Treasurer's confirmation of funding;
(e) related departmental'approvals;
(f) any reason(s) why the low bids are not acceptable; and
(g) related comments specific to the project.
Please do not disclose any information to enquiries except you can direct them to the City's
website for the unofficial bid results as read out at the Public tender opening. Bidders will be
advised of the outcome in due course.
If you require further information, please feel free to contact me or a member of Supply &
Services.
A
i
VAF
Attachments
April 29, 2010
Tender No. T-6-2010 Page 2
Tender for Roof Replacements Pickering Fire Hall
#2 and East Shore Community Centre
ATTACFiMENT# , MREPORT;; S //-/o
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CL Report To
Council
. . PICKERIlyG Report Number: PD 13-10
83 Date: May 17, 2010
From: Neil Carroll
Director, Planning & Development
Subject: Appointment of Deputy Chief Building Official
under the Building Code Act
Recommendation:
1. That the City's Building By-law 6603/05 which appoints the Chief Building
Official, Deputy Chief Building Official and Inspectors be amended as set out in
Attachment 1 to Report PD 13-10.
Executive Summary: This report recommends that the appointments schedule and
the definitions section of the City's Building By-law 6603/05 be amended to reflect staff
changes and the appointment of a Deputy Chief Building Official.
Financial Implications: Not applicable.
Sustainability Implications: Not applicable.
Background: Council currently has in place By-law 6603/05, which is required to
provide for the administration and enforcement of the Building Code Act within the City.
This By-law includes a schedule of persons appointed pursuant to that Act. The recent
resignation of Tim Moore, Chief Building Official (effective May 17, 2010) requires that
his name be removed from the schedule. Further, and as outlined in the CAO's
correspondence to Mayor and Council of April 26, 2010, it is appropriate at this time to
establish the position of Deputy Chief Building Official as an interim step in filling the
Chief Building Official position. The City's Building By-law 6603/05 (Schedule A)
provides for a deputy, but the position is not currently assigned. This appointment was
scheduled to be made in 2010 in any event, due to increasing building activity. The
appointment of a Deputy Chief Building Official will provide an acting capacity to sustain
the City's ability to issue building permits and regulate construction until such time as a
Chief Building Official is appointed.
Report PD 13-10 May 1T.2010
84
Subject: Appointment.of Deputy Chief Building Official
under the Building Code Act Page 2
Consequently, it is recommended that Brenda Yarush be added to the schedule as
Deputy Chief Building Official. A corresponding revision is also necessary in the
definitions section of the By-law to address the Deputy Chief Building Official position.
A chief building official will be appointed through the City's normal recruiting procedure.
Attachment:
1. Recommended revised Building By-law incorporating appointment of Deputy
Chief Building' Official.
Prepared By: Approved/Endorsed By:
Tim Mo Neil Carrol RPP
Chief Building Official Director, PI ning & Development
NC:kb
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering City Co
e
d
Th s J. Quinn D , CM
Chief Administrative Officer
85
The Corporation of the City of Pickering
'By-law No. XXXX/10
Being a by-law to amend the definition section
and Schedule A of By-law 6603/05 appointing
the Chief Building Official, Deputy Chief Building
Official and Inspectors.
Whereas, pursuant to the provisions of subsection 3(1) of the Building Code Act, 1992,
S:O. 1992, chapter 23, provides that the Council of The Corporation of the City of
Pickering is responsible for the enforcement of the Act within the City of Pickering;
Whereas, pursuant to By-law 6603/05, Council appointed a Chief Building Official and
such Inspectors as are necessary for the enforcement of the Act within the City of
Pickering; and
Whereas, as a result.of staff changes, the By-law to appoint these individuals must be
amended.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. The definition of "chief. building official" in Section 2 (1) is amended adding the
following at the end of the definition: "or the deputy chief building official acting in
the capacity of the chief building official from time-to-time in respect of Section 1.1
(6)(c) of the Act
2. Schedule A of By-law 6603/05 is hereby deleted and replaced with Schedule A
attached hereto
By=law read a first, second and third time and finally passed this 17th day of May 2010.
David Ryan, Mayor
Debbie Shields, City Clerk
86
Schedule A
Appointments
Item 1 Column 1 Column 2
1. chief building official
2. deputy chief building official Brenda Yarush
3. inspector Toby Hill
4. inspector Robert Lalonde
5. inspector Albert Alvero
6. inspector Brenda Yarush
7. inspector Taylor Young
8. inspector Paul Nishikawa
9. inspector Andras Szon i
10. inspector Matthew Seward
11. inspector Brian Holmes
City 4 Report To Council
PI CKERIN Report Number: CAO 07-10
87 Date: May 17, 2010
From: Andrew C. Allison
City Solicitor
Subject: Establishment of a Compliance Audit Committee
under the Municipal Elections Act, 1996, as amended
Recommendation:
1. That a Compliance Audit Committee be established in accordance with the
provisions of the Municipal Elections Act, 1996, as amended;
2. That the Compliance Audit Committee be delegated full authority to exercise all
powers and functions related to compliance audit applications;
3. That the Compliance Audit Committee be comprised of three members with
credentials and experience suitable to consider matters related to the election
campaign finance provision of the Municipal Elections Act;
4. That the terms of reference for the Compliance Audit Committee including the
remuneration for Committee members be adopted;
5. That the City Clerk recruit and recommend three qualified individuals for
appointment to the committee; and
6. That the draft by-law attached to Report CAO 07-10 be enacted.
Executive Summary: Bill 212 has made certain amendments to the Municipal
Elections Act, 1996, as amended, one of which is the requirement for Council to appoint .
a Compliance Audit Committee. Previously, the appointment of such a Committee was
optional.
An elector who is entitled to vote in an election and believes on reasonable grounds that
a candidate has contravened a provision of this Act relating to election campaign
finances may apply for a compliance audit of the candidate's election campaign
finances. In this regard the Municipal Elections Act, 1996, as amended, requires that all
municipal councils and local boards must appoint a Compliance Audit Committee before
October 1, 2010, to address applications requesting a review of a candidate's campaign
finances.
Report CAO 07-10 May 17, 2010
Subject: Municipal Elections Compliance Committee Page 2 $ 8
The City Clerk is responsible for the recruitment of the committee and also responsible
for the establishment of administrative practices and procedures for the committee and
shall carry out any other duties required under the Act to implement the committee's
decisions. The Municipality is also responsible for paying all costs in relation to the
Committee's operation and activities.
Financial Implications: Factors involved in determining Compliance Audit
Committee costs include the number of compliance audit applications that might be
received, the number of meetings that are required to be held and the complexity of the
audits that may need to be conducted.
The Municipality is responsible for any costs resulting from the review of applications
submitted to the Municipal Election Compliance Audit Committee. These costs include:
- costs related to the Committee's operations and activities.
- auditor's costs to perform an audit if required.
- legal costs related to an appeal to the Ontario Court of Justice with respect to a
decision of the Committee.
legal costs to undertake legal action against the candidate for violations of the
elections finance provisions of the MEA.
costs related to the recovery of auditor costs where the auditor's report
indicates that there was no apparent contravention and the committee finds that
there were no reasonable grounds for the application.
Staff have been in consultation with GTA municipalities and while many municipalities
have yet to finalize their committee structure and processes most are recommending
providing remuneration to the Members of the Committee. It is felt that the provision of
remuneration will be a more effective means to attract candidates as it will compensate
the Members for the time away from their professions. Suggested costs within the
terms of reference for Council approval are:
- $250.00 retainer fee
- $200 per meeting
The suggested remuneration costs are average amounts being suggested by GTA
municipalities.
i
Staff is recommending that the retainer fee for 3 members be taken from the 2010
Election budget. If any requests for Compliance Audits for the 2010 municipal election
are received they would occur in 2011. Council annually sets aside funding in the
Election Reserve in order to spread out the impact of the cost of the municipal election.
Staff would recommend that additional funding be placed in the Election Reserve for
2011 that would cover any potential compliance audit expenses. If the City is not in
receipt of any requests, the level of contributions to the Election Reserve in future years
could be adjusted accordingly.
Report CAO 07-10 May 17, 2010
Subject: Municipal Elections Compliance Committee Page 3
Should more compliance audit applications be received than are anticipated or if the
audits are complex, it will be necessary to seek Council's authorization for additional
funds.
Sustainability Implications: Not applicable.
Background: The. Municipal Elections Act, 1996, as amended by Bill 212, now
requires that every municipality appoint a Compliance Audit Committee prior to October
1St, 2010. The Act enables a qualified elector who believes on reasonable ground that a
candidate has contravened the election campaign finance provisions of the Act to apply
to the Clerk in writing requesting a compliance audit of the candidate's election
campaign finances.
The following is a brief overview of the compliance audit application and review process:
- an application must be made within 90 days of a candidate's financial statement
filing deadline, it must be made in writing and it must "set out the reasons for the
elector's belief";
- within 30 days of receiving an application, it must be decided whether to grant or
reject the application;
- within 15 days after the decision is made, it may be appealed to the Ontario Court
of Justice and the court may make any decision that the local authority could have
made;
if the request is granted, an auditor licensed under the Public Accounting Act, 2004
shall be appointed to conduct the compliance audit. The auditor is granted broad
powers for the purpose of conducting the audit and the auditor's costs are paid by
the municipality;
- the auditor shall conduct the audit and prepare a report which outlines apparent
contraventions, if any;
- the auditor's report shall be considered within 30 days and legal proceedings to
address any apparent contraventions may be commenced against the candidate;
and
if the auditor's report indicates that there have been no apparent contraventions
and it is determined that there are no reasonable grounds for the application, the
auditor's costs may be recovered from the applicant.
Committee Structure
With the amendment to the MEA, 444 municipalities as well as all of the various school
boards, and several upper-tier municipalities will now be seeking applicants to appoint
to their Compliance Audit Committees. This may result in competition for qualified
candidates. The competition will be even greater when one factors in the conflicting
interests between appointments to these Committees and the need for accountants and
auditors to work on the financial statements for all candidates running for offices across
the Province.
Report CAO 07-10 May 17, 2010
Subject: Municipal Elections Compliance Committee Page 4
90
The Act provides that the Compliance Audit Committee must consist of a minimum of
three to a maximum of seven members. Staff is recommending a three member
committee. The Committee cannot include Council Members or City staff and must be
established prior to October 1St, 2010. The recruitment process, selection criteria, terms
of reference and compliance audit procedures are outlined below.
Recruitment of Compliance Audit Committee Members
Staff have consulted with area municipalities and have concluded that the recruitment
process for committee members varies. In all cases, minimum qualifications were
defined. Most municipalities will be posting advertisements soliciting applications,
reporting back to Council with applications that meet the minimum qualifications and
some municipalities will seek out suitable candidates through professional organizations
(ie. Chartered Accountants of Ontario, the Law Society of Upper Canada etc.) and
report to Council with recommendations for appointments.
Compliance Audit Committee members must possess an in-depth knowledge of the
campaign financing rules of the Act. If not, they will not be in a position to reach an
independent decision on the merits of the application and may look to City staff for
guidance. This would put staff in a conflict situation, particularly if the application
concerned a Member of Council
As the Committee will operate as a quasi-judicial committee, prior experience on a
Committee, task force or tribunal would also be an asset from a meeting management
perspective.
To ensure a fair, open and transparent process, staff recommend that the recruitment
process for the City of Pickering include an advertisement in the local paper and on the
municipal website detailing the selection criteria. The following selection criteria are
recommended:
- the individual's knowledge of the campaign financing rules of the Municipal
Elections Act, 1996,
- proven analytical and decision making skills;
- experience working on a committee, task force, disciplinary committee, or a similar
body;
- availability and willingness to attend meetings; and
- excellent oral and written communications skills.
To avoid a conflict of interest, care must be taken that any auditors or accountants
appointed to the Compliance Audit Committee do not audit or prepare the financial
statements of any candidate running for office on City Council. Accordingly, any auditor
or accountant appointed to the committee will have to agree in writing to not undertake
the audits or preparation of the financial statements of any candidates seeking election
on City of Pickering Council.
Report CAO 07-10 May 17, 2010
S 9j1 ct: Municipal Elections Compliance Committee Page 5
It is recommended, at the close of the application period, that all applications meeting
the minimum qualifications be forwarded to Council for consideration, selection and
appointment.
Terms of Reference:
The mandate for the Compliance Audit Committee is outlined in section 81 of the
Municipal Elections Act.
The term of the Committee is the same as the term of office of Council (2010 - 2014).
While the last day for compliance audit requests for the December 31, 2010 reporting
period is June 23, 2011, a by election could result in the need for the Compliance Audit
Committee to sit during the term of Council.
The City Clerk will act as the main contact between the Compliance Audit Committee
and Council. Staff administrative support to the Committee would be supplied by the
City Clerk.
A detailed Terms of Reference for the Compliance Audit Committee is included as
Attachment 1 to this report.
Attachments:
1. Committee Terms of Reference
2. Draft By-law
Prepared By: Approve Endorsed By:
L_v_~
Debbie Shields Andrew Allison
City Clerk City Solicitor
DS:lh
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering City Co i
Th a J. Quinn, MR, MM III
Chief Administrative Officer
ATTACHI,EWTV VO REPORT# ~ R O CU
City of Pickering 92
2010 Election
Compliance Audit Committee
Terms of Reference
Name:
The name of the Committee is the "City of Pickering 2010 Election Compliance Audit
Committee" (the Committee).
Mandate:
The powers and functions of the Committee are set out in Section 81 of the Municipal
Elections Act, 1996.
- Within 30 days of receipt of an application requesting a compliance audit, the
Committee shall consider the compliance audit application and decide whether it
should be granted or rejected;
If the application is granted, the Committee shall appoint an auditor licensed under
the Public Accounting Act, 2004 to conduct a compliance audit.
The Committee will review the auditor's report within 10 days of receipt and decide
whether legal proceedings should be commenced; and
If the auditor's report indicates that there were no apparent contraventions and if
there appears there were no reasonable grounds for the application, the
Committee shall advise Council accordingly.
Reporting and Functional Relationships:
The City Clerk will act as the main contact between the Committee and Council and will
report on Committee activity as required to the appropriate individuals and Council.
Committee Membership:
The Committee shall consist of three members appointed by the Council of the City of
Pickering. The City Clerk will recruit and recommend three qualified individuals for
appointment to the Committee.
The following persons are not eligible for appointment to the Committee:
- Employees or officers of the City of Pickering
- Members of Council
- Any candidates running in the election for which.the Committee is established
All Committee Members must agree in writing that they will not work/volunteer for any
candidate, provide advice to, prepare or audit the election financial statements of any
candidate for office on the City of Pickering Council or become a candidate in the 2010
Municipal Elections and any by-elections during Council's term, if they do, their
appointment will be terminated.
1
All ommittee Members must have the ability to understand and apply the election
campaign finance provisions of the Act and should be considered impartial with respect
to their ability to fulfill their responsibilities. Preference shall be given to candidates that
have applicable experience in accounting, law, law enforcement and academics from
related fields.
Remuneration to appointed members will be as follows:
- $250.00 retainer fee (includes compensation for review of any background
materials)
- $200.00 per meeting
Membership Selection Criteria:
The recruitment process shall include an advertisement in the local paper and on the
municipal website detailing the selection criteria. Additionally, staff will contact the
Institution of Chartered Accountants of Ontario, the Law Society of Upper Canada,
Durham Regional Police Services and The University of Ontario Institute of Technology.
All applicants will be required to complete an application form outlining their
qualifications and experience.
All applications will be forwarded to Council for consideration and appointment.
The selection process will be based upon clearly understood and equitable criteria.
Members will be selected on the basis of the following:
- demonstrated knowledge and understanding of municipal election campaign
financing rules; -
- proven analytical and decision-making skills;
- experience working on a committee, task force or similar setting;
- availability and willingness to attend meetings;
- excellent oral and written communication skills;
Meeting Structure:
The Committee will be called to order when an application for a compliance audit has
been received. The date and time of the meeting will be determined by the City Clerk
and communicated directly to the committee members. All time frames outlined in the
Act and regulations will be adhered to.
Committee activity will be determined primarily by the number and complexity of
applications for compliance audits that may be received. The frequency and duration of
Committee meetings will be determined by the Committee in consultation with the City
Clerk.
An agenda shall be prepared for each Committee meeting. Minutes of each meeting
shall outline the general deliberations and specific actions and recommendations that
result.
2
94
The Committee members will select a Chair from amongst its members at 'its first
meeting.
The Committee will conduct its meetings in public, subject to the need to meet in closed
session for a purpose authorized by section 239 of the Municipal Act, 2001.
The City's web site will be used to communicate meeting notices, agendas and
decisions.
Conflict of Interest:
Members of the Committee must abide by the Municipal Conflict of Interest Act.
Members shall not use their status on the Committee for personal or political gain.
Term of the Committee:
The mandate of the City of Pickering 2010 Election Compliance Audit Committee will be
considered complete at the end of the four year term of Council (2014), at which time, a
successor committee shall be appointed.
Exception - Any outstanding applications that have not yet been completed at the end
of the four-year term shall be completed by the Committee which first accepted the
application.
3
ATfi CHMENT# TO RERORT# C fNO O,7-10
95 The Corporation of the City of Pickering
By-law No.
Being a by-law to establish a Compliance Audit
Committee for the 2010 - 2014 Term of Council
Whereas.section 81 of the Municipal Elections Act, 1996, as amended, requires the
Council to establish a Compliance Audit Committee, before October 1, 2010, for the
purposes of section 81 of the Act, and
Whereas the City of Pickering is committed to ensuring a consistent, open and
transparent process for receiving and processing compliance audit applications.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. A Compliance Audit Committee consisting of three (3) members with full
delegation of the permitted authority be established under the provisions of the
Municipal Elections Act, 1996, as amended.
2. That the "Terms of Reference" attached as Schedule "A" and forming part of this
by-law, shall guide the structure and responsibilities of the Compliance Audit
Committee.
3. That the Compliance Audit Committee's authority shall extend only to
applications made with respect to candidate campaign finances related to the
2010 municipal election.
By-law read a first, second and third time and finally passed this 17th day of May, 2010.
David Ryan, Mayor
Debbie Shields, City Clerk
;Citq Report To
Council
PICKERING Report Number: CS 13-10
Date: May 17, 2010
96
From: Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject: Fire Dispatch - Amalgamation with the Town of Ajax
Recommendation:
1. That Report CS 13-10 of the Director, Corporate Services & Treasurer be
approved and received;
2. That the Mayor and Clerk be authorized to sign an agreement between the City of
Pickering and the Town of Ajax, in a form essentially as attached to this report,
acceptable to the Chief Administrative Officer, the Director of Operations &
Emergency Services, the Fire Chief and the Director, Corporate Services &
Treasurer, to provide for the establishment, maintenance and operation by the
Town of Ajax of a centralized communications system for emergency response
purposes providing Dispatch services to Pickering Fire Services;
3. That the Director, Corporate Services & Treasurer be authorized to enter into
agreements with CriSys Limited, either directly or through the existing agreement
with the Town of Ajax, to provide emergency Dispatch communications systems,
including future renewals, extensions, upgrades, replacements and service
agreements;
4. That, notwithstanding the Purchasing Policy, the Director, Corporate Services &
Treasurer or designate, Manager, Supply & Services, be authorized to issue
Purchase Orders and/or enter into agreements to single source with service,
systems, and hardware suppliers required to provide emergency Dispatch,
emergency notification and other related functions including .911, communications
between Fire Halls, and call-out notifications for Fire Services in the City of
Pickering, including future renewals, extensions, upgrades, replacements and
service agreements;
5. That the Chief Administrative Officer, the Director, Operations & Emergency
Services, the Director, Corporate Services & Treasurer and any other appropriate
staff be authorized to sign any other documents required to complete the
amalgamation and ensure the ongoing operations including the transfer of
equipment and staff from Pickering to Ajax;
6. That the 2009 Capital Budget provision of $444,000 for the amalgamation of Fire
Dispatch with Ajax funded by the Investing in Ontario Grant, be increased to
$700,000 with the additional funding to be provided by the same grant;
l
Report CS 13-10 May 17, 2010
Subject: Fire Dispatch - Amalgamation with the Town of Ajax Page 2
97
7. That the Director, Corporate Services & Treasurer be authorized to pay all costs
associated with the amalgamation of Fire Dispatch Services, including those
above, with funding to be provided by the Investing in Ontario Grant as approved
in the 2009 Capital Budget, and in this report, and to pay any additional costs from
this grant or from funds identified by the Treasurer at year-end as being available;
and,
8. That the appropriate officials at the City of Pickering be given authority to give
effect thereto to complete the amalgamation and ongoing operation of Fire
Dispatch services of the City with those of the Town of Ajax.
Executive Summary: The following is a brief background to this undertaking. The
Fire Headquarters building was first occupied around 1968. At that time Dispatch and
communications equipment consisted of land line telephones. In the late 1980s, with
the advent of the 911 service being brought into Durham, that equipment was replaced
and tape recording equipment for this Dispatch calls was included. That equipment is
approximately 23 years old, the technology is antiquated, not serviceable and parts are
no longer available. Therefore, the City of Pickering does not have the luxury of waiting
until a new Fire Headquarters is built. This amalgamation of Dispatch with Ajax is the
only solution available, as Council has recognized and approved in principal over the
last years. Knowing the current and forthcoming problems with the equipment,
approximately 12 years ago the CAO entered into discussions with the former CAO of
Whitby regarding a potential amalgamation of Fire Dispatch with these two
municipalities and Ajax. These discussions did not succeed for financial reasons and
Council asked the CAO to initiate discussions with the former CAO of Ajax.
Pickering's equipment not only must be replaced but additional staff need to be hired
due to population growth over the last decade. Pickering does not have the room in its
current Dispatch room so significant additional space would be required. This can only
be accommodated in a new Fire Headquarters that has.been the subject of some
discussion over the years. However, the land to build it on still has to be acquired and a
building constructed, both of which would be very expensive and at least several years
away. The Operations Centre must be constructed first on land yet to be acquired.
The amalgamation of Dispatch is the only intermediate step available.
In the meantime, Ajax has constructed a new Fire Headquarters that includes a fully
equipped and staffed Dispatch Centre. They have offered to provide Fire Dispatch
services for Pickering Fire Services and Pickering will share in the equipment and
operating costs. The arrangements with Ajax will solve Pickering's immediate problems.
The costs will be significant, currently estimated at $700,000, however, the costs
avoided: buying new equipment, hiring more staff on our own; together with the costs
postponed: the acquisition of land and the multi-million dollar construction of a new
headquarters; make the business case for this arrangement. There is no other option
available. Furthermore, Ajax is not proposing to charge Pickering for a proportionate
Report CS 13-10 May 17, 2010
Subject: Fire Dispatch - Amalgamation with the Town of Ajax Page 3
98
share of the capital cost of the Fire Dispatch facility as Whitby was, only the share of the
equipment, staffing and operating costs. Moreover, the joint Dispatch equipment, the
alerting system within our Fire halls and the communications equipment will now be the
same as the other lakeshore municipalities in Durham. j
i
These discussions have continued to this day with Ajax's current CAO leading to the
pending amalgamation of Pickering's Fire Dispatch with that of Ajax. Progress continues
to be made in the complete processing amalgamation of Fire Dispatch services of the
City with those of the Town of Ajax. This rather intensive process was first considered
several years ago and again in early 2008. In December 2008, after much initial
discussion and consideration the CAO had Fire Services prepare a presentation at an
In-Camera meeting of Council. Council passed the following Resolution:
"That Council approve in principle to continue with the negotiations for the Joint
amalgamation of Fire & Emergency Services Dispatch Centres between the Town
of Ajax and the City of Pickering."
As discussions between Ajax and Pickering continued Council approved the project in
the 2009 Capital Budget in the amount of $444,000 being the known costs at that time.
As discussions continued both internally and externally, additional costs were identified.
The CAO continues to oversee all aspects of this endeavour and it is now appropriate to
seek Council's approval to single source certain aspects of this work with Ajax's service
provider, CriSys Limited, and to pay for that work as provided for in the 2009 Capital
Budget. Ajax has already purchased their equipment and Pickering needs to either pay
its share of these costs or pay directly to the same service provider. Other supplier's
equipment purchases will be identified and single sourced. The City needs to authorize
the Director., Corporate Services & Treasurer, in conjunction with the CAO and the
Director, Operations & Emergency Services to sign agreements and pay for goods and
services, in order to bring this exercise to a successful conclusion in 2010.
i
Financial Implications: The 2009 Capital Budget as approved by Council contained
a provision of $444,000, to be funded by a Provincial grant, Investing in Ontario, to
provide for the amalgamation of the two .Fire Dispatch services. This grant, distributed
by the Province to all Ontario municipalities in the fall of 2008, came from the Provincial
budget surplus. This grant had no conditions on the use of the $3,912,528 provided
that it only be spent on capital projects. The sum of $350,000 was used for the
Dunbarton Pool and the 2009 Capital Budget included almost $2.1 million of this grant
funding for various approved projects. The 2010 Capital Budget included $555,000 of
funding from this grant which included $444,000 for Fire Dispatch Amalgamation.
There is approximately $940,000 that was anticipated to be used in the 2011 Capital
Budget. However, given the importance of the amalgamation to the City and its
residents it was felt that the additional funding required of approximately $256,000
should come from the same grant. This will leave approximately $684,000 of this grant
for the 2011 Capital Budget.
Report CS 13-10 May 17, 2010
Subject: Fire Dispatch - Amalgamation with the Town of Ajax Page 4
99
Ajax has already purchased much of the required equipment and Pickering must pay
Ajax for its share of those costs. Other costs will be incurred by Ajax to be shared with
Pickering and the City will also be incurring some costs on its own. Ajax has gone
through its process and selected service providers and Pickering must contract with
these same companies.
Now that all the necessary equipment related to the amalgamation is believed to have
been identified, including replacing old equipment within and between the City's
Firehalls, an increase in the original estimates as follows is required:
Costs included in 2009 Budget
CriSys Computer Aided Dispatch & Records $184,000
Management System
Initial Data Transfer 20,000
MOSCAD Radio Alerting System 240,000
$444,000
Additional Costs not previously identified:
Paging System Upgrade $129,000
(4 stations) (1)
Fibre Connection Pickering to Ajax (1)
Additions to Computer Aided 25,000
Dispatch System (Pickering's share)
Maintenance on Pickering's Share of
CriSys Software 35,000
Fibre connection to between Pickering and 52,000
Ajax
Contingency and Incidentals 15,000
$256,000
$700,000
(1) Further review will be undertaken to confirm need prior to actual expenditure taking
place
While it is not anticipated at this time, should costs exceed the revised estimate, the
Director, Corporate Services & Treasurer will identify other funds that could be used to
complete this exercise and ensure complete and modern notification and
communication capabilities are available for Fire Services and to ensure completion of
the amalgamation of Fire Dispatch.
Sustainability Implications: This report does not contain any sustainability
implications.
Report CS 13-10 May 17, 2010
Subject: Fire Dispatch - Amalgamation with the Town of Ajax Page 5
100
Background: At its in-camera meeting of December 16, 2008, Council received a
presentation on the amalgamation of Pickering's Fire Dispatch services with those of
Ajax. Council will recall that the main consideration in this presentation were the
necessity of upgrading the City's aging Dispatch system, the benefits and the costs
avoided by amalgamating the City's Dispatch service with the Town of Ajax. Ajax was
in the process of installing an entirely new system and had to be advised at that time of
Pickering's interest in such an amalgamation. Council approved the continuation of
negotiations with Ajax to this end. Subsequently, in the 2009 Capital Budget for Fire
Services, Council approved $444,000 for this purpose. Since that time the CAO has
been involved in extensive negotiations with his counterpart in Ajax and the Fire Chiefs,
and the City management staff have also been involved. Over the last months the
internal discussion has centered on HR issues. It is.now appropriate to proceed with
the technical aspects of the actual amalgamation in order to have it accomplished by
year-end.
The firm of CriSys Limited, a company with extensive expertise in this area, has been
engaged by Ajax to provide software and services for their Dispatch which will also
facilitate the amalgamation. It is in the City's best interest and only option to contract
with the same firm, whether through the Town of Ajax or on its own, depending on the
nature of the goods or services to be provided. The immediate task for CriSys and
Pickering will be the collection, verification and inputting of City data into the
amalgamated system.
The project of amalgamating the joint Dispatch centres is estimated to take 6 to 10
months just for accumulating and transferring Pickering-based data used by the
Dispatch Centre. It is Pickering's objective to complete this project before January 1,
2011. Pickering Fire Services states that CriSys Limited must be the sole source
provider of this project based upon Ajax's selection through its purchasing process.
Notwithstanding the City's Purchasing Policy, single sourcing, either in conjunction with
Ajax, or on its own by the City is necessary to ensure compatibility of equipments,
systems and data. For these reasons Pickering will not be seeking competitive bids but
instead will rely upon the process Ajax has already performed in its acquisitions of the
required hardware, software and systems. Pickering has to follow Ajax as it is their
Dispatch system.
CriSys Limited is presently the current provider of all computerized Dispatch services
within the lakeshore municipalities of the Region of Durham. Pickering Fire Services
must use the same provider in order to integrate our present data into the Ajax Fire
Services- computerized Dispatch system. There is also a cost savings opportunity to
participate in Ajax's existing contract with CriSys Limited. It is important that we
expedite our efforts in order to remain on target to complete this change over by
January 1, 2011.
Another example is the MOSCAD radio alerting system, station to station, that is
already used by Ajax, and several other Durham municipalities, and Pickering must
Report CS 13-10 May 17, 2010
Subject: Fire Dispatch - Amalgamation with the Town of Ajax Page 6
1
follow suit to match systems. Pickering's current alerting system is very old and needs
to be replaced anyway. For individual alerting for emergency purposes the City will be
switching from pagers to Blackberrys and cell phones through Wallace Wireless.
Some services, hardware or other goods will be provided by Ajax with the City paying its
share while others may be arranged and paid for directly by the City. This report has
been prepared in conjunction with the Director, Operations & Emergency Services, Fire
Services and the Manager, Information Technology.
Attachments:
1. Draft Agreement Between the City of Pickering and the Town of Ajax Providing for a
Centralized Emergency Response Communications System and Fire Dispatch
Services for the Two Municipalities
Prepared By: Approved/Endorsed By:
rl%
Gillis A. Paterson Gillis A. Paterson
Director, Corporate Services & Treasurer Director, Corporate Services & Treasurer
Approved/Endorsed By:
Everett Buntsma
Director, Operations & Emergency
Services
Copy: Chief Administrative Officer
Recommended for the consideration
`of Pickering City Counci`
Thomas J. Quinn, 1 MR, CAM
Chief Administrative Officer
ATTACHMENT#_,t_TO REPORT#15-8- (D
THIS AGREEMENT made this _ day of 20OX O
BETWEEN:
THE CORPORATION OF THE TOWN OF AJAX
("Ajax")
of the First Part
and -
THE CORPORATION OF THE CITY OF PICKERING
("Pickering")
of the Second Part
WHEREAS Section 5(1) of the Fire Protection and Prevention Act, 1997 (S.O. 1997, c. 21, Sch.
A, s.3, as amended) (the "Act") provides that a fire department shall provide fire suppression
services and may provide other fire protection services to a group of municipalities;
AND WHEREAS the Act defines "fire protection services" as including communication and the
delivery of communications;
AND WHEREAS subsection 116(1) of the Municipal Act, 2001 (S.O. 2001 c. 25, as amended)
provides that a municipality may establish, maintain and operate a centralized communication
system for emergency response purposes and whereas Ajax does maintain such a system;
AND WHEREAS Ajax's Municipal Council has passed By-law No. to establish,
maintain and operate a centralized communication system for emergency response purposes
providing fire dispatch services for both the Ajax Fire and Emergency Services and Pickering
Fire Services serving the geographic areas under the jurisdiction of Ajax and Pickering
respectively, subject to the terms of this AGREEMENT, and to authorize the Mayor and Town
Clerk to execute this AGREEMENT on behalf of Ajax;
AND WHEREAS Pickering's Municipal Council has passed By-law No. approving
the establishment, maintenance and operation by Ajax of a centralized communication system
for emergency response purposes providing dispatch services to Pickering Fire Services, subject
to the terms of this AGREEMENT and to authorize the Mayor and City Clerk to execute this
AGREEMENT on behalf of Pickering;
NOW THEREFORE THIS AGREEMENT WITNESSES that, in consideration of the
premises, other good and valuable consideration (the receipt and sufficiency of which each of the
parties hereby acknowledge) and the mutual convenience and agreements hereinafter contained,
the parties hereto covenant and agree as follows:
Section 1 Interpretation
1.1 Wherever a term set out below appears in the text of this AGREEMENT in capital letters,
the term shall have the meaning set out for it in this Section 1.
(a) AGREEMENT means this agreement, including its recitals, schedules and appendices,
which form an integral part of it, as amended from time to time.
(b) AJAX FIRE AND EMERGENCY SERVICES means the Fire Department as
established and/or maintained by Ajax under the Act.
103
(c) CAD means the CriSys Computer Aided Dispatch system or its successor or
replacements as determined by Ajax.
i
(d) CAPITAL COSTS means the actual cost to Ajax to provide any equipment used in the
provision of the DISPATCH SERVICES acquired after the EFFECTIVE DATE.
(e) COMMUNICATION CENTRE means the AJAX FIRE AND EMERGENCY
SERVICES dispatch centre.
(f) CONTRACT YEAR means the period between January 1 and December 31 except the
first CONTRACT YEAR means the period between the EFFECTIVE DATE and
December 31 of the same year.
(g) DISPATCH SERVICES means:
(i) the receipt of a request for the services of the PICKERING FIRE SERVICES or
any other emergency services with respect to a location or property within the
geographic boundaries of Pickering; and
(ii) the relaying of the request for services to the PICKERING FIRE SERVICES
and/or their personnel
from the COMMUNICATION CENTRE.
(h) EFFECTIVE DATE means 12:01 a.m. on the first day DISPATCH SERVICES are
provided by Ajax under this AGREEMENT.
(i) "EVENT OF DEFAULT" means a default of any party in the performance of any of its
obligations under this AGREEMENT which is not cured within the time permitted under
Section 6;
0) OPERATING COSTS means the actual cost to Ajax to provide the DISPATCH
SERVICES including the following:
i) All wages, benefits and pension(s), including but not limited to statutory pay,
recognition pay and overtime 'for all Dispatchers and the Communications
Officer;
ii) Mileage, Seminars and Education for all Dispatchers and the Communications
Officer;
iii) ' Uniforms and clothing for all Dispatchers and the Communications Officer;
iv) Books, subscriptions, publications, printing/copying/postage costs and office
supplies;
V) Costs payable under service contracts with Bell Canada, Motorola, CriSys and
Wilmac, or their successors or replacements or additional service contracts as
deemed necessary by Ajax;
vi) Costs to equip each dispatcher with the required equipment;
vii) Software and associated maintenance and support agreements, and;
viii) Insurance as set out in Section 4.1 of this Agreement.
(k) OPERATING POLICES AND PROCEDURES means the detailed manner of
receiving, recording and dispatching requests for DISPATCH SERVICES.
(1) PROPORTIONATE SHARE of a party means that fraction of the OPERATING
COSTS or the CAPITAL COSTS, or incurred liability (as provided for in subsection 4.2
hereof) as the context requires, which is equal to the base population from the latest
census adding the population growth based on the residential units projected for each
year over a five (5) to ten (10) year period with 3.5 people per projected residential unit.
(m) TAXES mean the Goods and Services Tax and Provincial Sales Tax, if applicable.
(n) PICKERING FIRE SERVICES means the Fire Department as established and/or .
maintained by Pickering under the Act.
(o) RUNNING ASSIGNMENTS means the predetermined selection of fire apparatus that
are to be dispatched to each emergency incident defined in the CAD, including both 04
electronic versions in CriSys and back-up hard copies.
Section 2 Dispatch Service Provision
2.1 As at the EFFECTIVE DATE Ajax will provide DISPATCH SERVICES to Pickering,
subject to and in accordance with the provisions of this AGREEMENT.
2.2 The staff provided by Ajax to perform its obligations under this AGREEMENT shall be
exclusively employees of Ajax. They shall not be deemed to be employees of Pickering
for any purpose.
2.3 Ajax shall provide all of the personnel, infrastructure, hardware and software necessary to
provide the DISPATCH SERVICES, the costs of which shall be included in
OPERATING COSTS or CAPITAL COSTS., as applicable.
2.4 Pickering will be responsible for providing Ajax with up-to-date addressing, geographic
information systems data and current RUNNING ASSIGNMENTS from time to time
respecting every property in the geographic area of Pickering in a format consistent with
the CAD.
2.5 Pickering will be responsible to provide and maintain all required telephone or data
connection(s) in each of its fire halls to connect with the computer server located in the
geographic boundaries of Ajax. Such costs shall not be included in OPERATING
COSTS OR CAPITAL COSTS and shall be the sole responsibility of Pickering.
2.6 Pickering will be responsible to provide and maintain current contact information for all
personnel to be dispatched by Ajax and, where paging or cellular systems are to be used
to contact individuals as provided by the OPERATING POLICIES AND
PROCEDURES, Pickering shall be responsible for providing and maintaining these
systems in good repair.
2.7 All software and hardware used in the provision of the DISPATCH SERVICES, and any
interest therein whether licensed or owned, is and shall remain the sole property of Ajax.
2.8 Pickering shall deliver to the COMMUNICATION CENTRE upon notice by Ajax the
following which are presently owned by Pickering:
i) Bramic "Vision 5" dispatch console;
ii) Motorola "CentraCom Gold Elite" dispatch consoles;
iii) All dispatch related 800 MHz Motorola dispatch equipment; and
iv) 24 hour dispatch chair.
2.9 Pickering will be responsible to provide and maintain all required MOSCAD, or its
successor or replacements as determined by Ajax, and station alerting equipment in each
of its fire halls. Such costs.shall not be included in OPERATING COSTS OR CAPITAL
COSTS and shall be the sole responsibility of Pickering.
2.10 Pickering will be provided remote electronic access to the CAD data and reporting tools
relating to the provision of DISPATCH SERVICES for the purposes of accessing their
records only. Pickering shall be responsible for maintaining the required electronic
connectivity and security to the satisfaction of Ajax.
2.11 Notwithstanding Section 2.10, the parties agree to meet approximately once every six (6)
months in order to review the DISPATCH SERVICES. Additionally, the Pickering Fire
Chief may make any inquiries, concerns, questions or requests for information arising
from the provision of DISPATCH SERVICES but such inquiries may be in writing and
addressed to the Ajax "Fire Chief depending on the scope of the request.
2.12 The implementation and operation of this AGREEMENT does not alter, impact or affect
any responsibilities relating to the ownership and operation of the shared 800 MHz radio
system.
r
1 0 5 Section 3 Costs
3.1 Pickering shall pay Ajax its PROPORTIONATE SHARE of the OPERATING COSTS
for each CONTRACT YEAR, plus any TAXES that may be applicable.
3.2 Ajax shall for each CONTRACT YEAR estimate the OPERATING COSTS and
Pickering shall pay its PROPORTIONATE, SHARE, as so estimated, in quarterly
installments in advance on the first day of each quarter.
3.3 On or before sixty (60) days following determination of the OPERATING COSTS for a
CONTRACT YEAR, Ajax shall deliver to Pickering a statement of the actual
OPERATING COSTS for such CONTRACT YEAR and Pickering agrees to pay Ajax,
within sixty (60) days of delivery of such statement, the difference between its
PROPORTIONATE SHARE of the estimated OPERATING COSTS paid to Ajax
pursuant to paragraph 3.2 and its PROPORTIONATE SHARE of the OPERATING
COSTS and, where the amount so paid for the estimated OPERATING COSTS for the
CONTRACT YEAR was greater than Pickering's PROPORTIONATE SHARE of the
OPERATING COSTS, Ajax agrees that it shall reimburse Pickering the difference.
3.4 Ajax shall meet with Pickering no less than six (6) months in advance of any proposed
CAPITAL COSTS being incurred in order to permit Pickering to prepare accordingly.
3.5 On or before sixty (60) days following Ajax providing notice to Pickering of incurring a
CAPITAL COST, Pickering agrees to pay Ajax its PROPORTIONATE SHARE of the
said CAPITAL COST.
Section 4 Insurance and Limitation of Liability
4.1 Ajax agrees to maintain, at its sole expense, which expense shall not form a part of the
OPERATING COSTS unless there is an increase in the premium payable for such policy
as a result of the coverage available to Pickering, adequate general liability insurance in
an amount of not less than fifteen million dollars ($15,000,000) in which Pickering is
named as anadditional insured party with respect to the obligations expressed in this
AGREEMENT. The policy shall contain a waiver of subrogation clause as between the
parties and a cross liability clause in favour of the parties, as approved by both the parties,
acting reasonably. Notwithstanding the foregoing, where an increase in the premium for
the above insurance is charged or incurred by Ajax as a result of a claim pertaining to the
provision of the DISPATCH SERVICES, such an increase over the premium as it would
otherwise have been but for the said claim shall be deemed to be included in the
OPERATING COSTS and Pickering shall pays its PROPORTIONATE SHARE of that
increase.
4.2 The parties hereby agree that any and all liability resulting from all actions, suits, claims,
demands, losses, costs, charges and expenses arising out of actions, incidents, grievances
or investigations which occurred prior to the EFFECTIVE DATE against any party shall
remain the sole liability of that party, shall not be transferred hereunder and that party
shall wholly indemnify the other party with respect to any and all liability, including
defence and legal costs pertaining thereto.
Section 5 Temporary Withdrawal of Services
5.1 In the event of a labour shortage, strike, lock-out, labour dispute, power loss or
equipment failure which would prevent the provision of the DISPATCH SERVICES,
Ajax shall be excused from the performance of its obligations hereunder, but not its
obligations under Section 4, until the cause of the inability of Ajax to provide the
DISPATCH SERVICES is remedied, but subject to the remaining provisions of this
Section.
5.2 In the event that Ajax anticipates or actually does temporarily withdraw DISPATCH 06
SERVICES under this Section, Ajax shall provide notice of such withdrawal or
anticipated withdrawal to Pickering as soon as reasonably possible, including the reasons
therefore.
5.3 In the event that Ajax has temporarily withdrawn DISPATCH SERVICES under this
Section and cannot restore the provision of the DISPATCH SERVICES within five (5)
days following the date the services are first withdrawn, Pickering,shall be entitled to
terminate this AGREEMENT on five (5) days written notice to Ajax. Ajax shall be
entitled to payment for all DISPATCH SERVICES provided under this AGREEMENT to
the date of termination.
Section 6 Term and Termination and Default
6.1 This AGREEMENT shall come into force commencing on the EFFECTIVE DATE and
shall continue in force for a period of ten (10) years.
6.2 This AGREEMENT shall automatically renew for additional terms of five (5) years
unless either party provides written notice to the contrary not less than eleven (11)
months in advance of the last day of the then current term, in which case this
AGREEMENT shall terminate on the last day of the then current term. Ajax shall be
entitled to payment for all OPERATING COSTS and CAPITAL COSTS under this
AGREEMENT to the date of termination. Where the determination of OPERATING
COSTS and/or CAPTIAL COSTS is not made until after the termination of this
AGREEMENT the obligation of Pickering to pay its PROPORTIONATE SHARE and
the obligations of the parties set out in Section 4.2 shall survive the termination of this
AGREEMENT.
6.3 Notwithstanding termination of this AGREEMENT, Ajax covenants and agrees to
maintain all accounts and records with respect to the provision of the DISPATCH
SERVICES for not less than seven (7) years following such termination and to make the
same available for examination and/or copying by Pickering on request during regular
business hours at the administrative offices of Ajax.
6.4 The requirement to maintain insurance in accordance with subsection 5.1 shall continue
for not less than two (2) years following termination of this AGREEMENT, and may
continue longer with the mutual consent of the parties.
6.5 In the event of the occurrence of an EVENT OF DEFAULT by or with respect to any
party (the party committing such default hereinafter referred to as the "Defaulting Party"
and the other party being referred to for the purposes of this Article as the "Non-
Defaulting Party"), the Non-Defaulting Party shall have the right to give the Defaulting
Party a notice of an EVENT OF DEFAULT specifically setting forth the nature of the
default and stating that the Defaulting Party shall have a period of 30 days to cure such
EVENT OF DEFAULT or (in the case of an EVENT OF DEFAULT which cannot be
cured within such 30 day period) such longer period as may be reasonably necessary to
cure such EVENT OF DEFAULT if the Defaulting Party commences to cure such default
within such 30 day period and thereafter diligently proceeds with such curative efforts.
107
6.6 If the Defaulting Party does not cure or diligently proceed to cure any EVENT OF
DEFAULT specified in the notice of default referred to in subsection 6.5 within the
period referred to therein, the Non-Defaulting Party shall have the right until the
Defaulting Party is no longer in default under this Agreement, to:
a) bring any proceedings in the nature of specific performance, injunction or
other equitable remedy, it being acknowledged by each of the parties
hereto that damages at law may be an inadequate remedy for a default or
breach of this AGREEMENT;
b) remedy such EVENT OF DEFAULT and any other default of the
Defaulting PARTY under this AGREEMENT and the Non-Defaulting
Party shall be entitled on demand to be reimbursed by the Defaulting Party
for any monies expended to remedy any such EVENT OF DEFAULT and
any other expenses (including legal fees on a solicitor and client basis)
incurred by such Non-Defaulting Party (and to bring any legal proceedings
for the recovery thereof), together with interest at 10% per annum,
calculated and compounded monthly;
C) bring any action at law as may be necessary or desirable in order to
recover damages;
d) in the EVENT OF DEFAULT by Pickering, suspend the provision of
DISPATCH SERVICES; and/or
e) terminate this AGREEMENT.
Section 7 Notice
7.1 Any notice under this AGREEMENT shall be in writing and shall be served personally or
by regular mail or facsimile transmission upon each of the parties at the following
addresses:
The Corporation of the Town of Ajax
65 Harwood Avenue South
Ajax, Ontario LIS 2H9
Attention: Town Clerk
The Corporation of the City of Pickering
1 The Esplanade
Pickering, Ontario LI V 6K7
Attention: City Clerk
Receipt of notice shall be deemed on:
(a) the date of actual delivery of a hand delivered document on the last party to be
provided with the notice; or
(b) the business day next following the date of facsimile transmission; or
(c) five (5) days following the date of mailing of the notice;
whichever is applicable.
Any party may change its address for notice by giving notice of change of address
pursuant to this Section.
108
Section 8 General
8.1 Ajax shall keep proper and detailed accounts and records in accordance with generally
accepted accounting practices of all factors entering into the computation of the amounts
payable pursuant to this AGREEMENT and maintain same for no less than seven (7)
years following"each CONTRACT YEAR to which the accounts and records relate.
Pickering may during regular business hours at the offices of Ajax, upon giving
reasonable notice and at Pickering's sole expense, audit and inspect all accounts, records,
receipts, vouchers and, other documents relating to the provision of the DISPATCH
SERVICES and shall have the right to make copies and take extracts at its own expense.
Ajax shall afford all reasonable facilities, physical and otherwise, for such audits and
inspections.
8.2 The parties hereto shall with reasonable diligence do all such things and provide all such
reasonable further assurances as may be required to fulfill their obligations pursuant to
this AGREEMENT. Each party agrees to provide whatever further documents or
instruments may be considered by the other parties to be reasonably necessary or
desirable to effect the purpose of this AGREEMENT and carry out its provisions at any
time during the currency of this AGREEMENT.
8.3 In the event that any covenant or term of this AGREEMENT should at any time be held
by any court or competent tribunal to be void or unenforceable, then the AGREEMENT
shall not fail, but the covenant, provision or term shall be deemed to be severable from
the remainder of this AGREEMENT, which shall otherwise remain in full force and
effect.
8.4 No party or parties shall call into question, directly or indirectly, in any proceedings
whatsoever in law or in equity or"before a court or any administrative tribunal, the right
of the parties or any of them to enter into this AGREEMENT or the enforceability of any
"term, agreement, provision, covenant and/or condition contained in this AGREEMENT,
and this clause may be pleaded as an estoppel as against any such party in any
proceedings.
8.5 Subject to the requirements of the Municipal Freedom of Information and Protection of
Privacy Act, (Ontario) (or successor legislation), Ajax shall give Pickering a quarterly
written record of any complaints received respecting the DISPATCH SERVICES
provided to Pickering during the previous quarter and how each has been responded to or
dealt with by Ajax.
8.6 Subject to the requirements of the Municipal Freedom of Information and Protection of
Privacy Act, (Ontario) (or successor legislation), the parties shall not divulge any
information of which they have knowledge to be confidential whether communicated to
or acquired by them in the course of carrying out the obligations or roles provided
pursuant to this AGREEMENT. No such information shall be used by either party in any
way without the approval of the other party.
8.7 Ajax and Pickering will comply with all applicable legislation in performing its
obligations under this AGREEMENT.
8.8 This AGREEMENT contains the entire agreement between the parties with respect to the
provision of the DISPATCH SERVICES and it is agreed that there is no covenant,
promise, agreement, condition precedent or subsequent, warranty or representation or
understanding, whether oral or written, other than as set forth in this AGREEMENT with
respect to the subject matter of this AGREEMENT.
8.9 No supplement, amendment or waiver of or under this AGREEMENT (excepting notice
of change of address as contemplated in Section 8) shall be binding unless executed in
writing by the party or parties to be bound thereby and no waiver by a party of any
provision of this AGREEMENT shall be deemed or shall constitute a waiver of any other
provision or a continuing waiver unless otherwise expressly provided.
109
8.10 This AGREEMENT shall not be construed as creating a joint venture between Ajax and
Pickering.
8.11 This AGREEMENT cannot be assigned to another party without the written consent of
both parties. Ajax shall not subcontract the provision of DISPATCH SERVICES under
this AGREEMENT to any third party without the prior written consent of Pickering.
8.12 The parties shall act co-operatively in good faith, and with expedition in implementing
the intent of this AGREEMENT.
8.13 The parties agree to review this AGREEMENT from time to time, but in any case not
less than once every five (5) CONTRACT YEARS, to determine whether the method of
calculating PROPORTIONATE SHARE remains reasonably equitable and, in the event
both parties agree, the definition of PROPORTIONATE SHARE shall be amended.
8.14 This Agreement shall enure to the benefit of and be binding upon the parties and their
respective successors and permitted assigns.
IN WITNESS WHEREOF each of the parties hereto has affixed its corporate seal by the hands
of its proper officers on the date inscribed on the first page of this Agreement.
THE CORPORATION OF THE
TOWN OF AJAX
)Mayor
)Clerk
THE CORPORATION OF THE
CITY OF PICKERING
)
)Mayor
)Clerk .
I
City O0
1 1 0
PICKERING May 17, 2010
NOTICE OF MOTION
a) Councillor Dickerson and Councillor McLean gave notice that they will at this
meeting of Council be presenting a motion as follows:
UNDERGROUNDING OF OVERHEAD WIRES
WHEREAS it is the expressed desire of the City of Pickering to use all means of
Sustainability, in all of its many forms, be utilized at every opportunity and, in particular,
when considering "Greenfield" construction, and that fiscal responsibility in meeting
those goals must be considered as but one of the many considerations; and
WHEREAS the Council of the City of Pickering will utilize every means at its disposal to
see built, within its borders, all new construction meeting a high level of Sustainability;
and
WHEREAS the City of Pickering desires the removal of overhead wires along Brock
Road from just north of the 3rd Concession to Taunton Road; and
WHEREAS the City of Pickering also serves notice that all wires within the Duffins
Height Precinct and in Seaton be located underground and that development charges
be reflective of this;
NOW THEREFORE BE IT RESOLVED that the City of Pickering commit to the
undergrounding of overhead wires along Brock Road from just north of the 3rd
Concession to Taunton Road and that costs to the City be mitigated by contributions
from land owners and, in any event, not exceed $2.5 million contribution from the City,
to be debentured on a report to be prepared by the Treasurer.
b) Councillor O'Connell and Councillor Johnson gave notice that they will at this
meeting of Council be presenting a motion as follows:,
APPOINTMENT TO GREATER TORONTO AIRPORT AUTHORITY (GTAA) BOARD
WHEREAS the Region of Durham appoints a member of the public to the Greater
Toronto Airport Authority (GTAA) board at the beginning of every Council term; and
WHEREAS the issue involving an airport in Durham Region is of paramount concern to
the residents of Pickering; and
WHEREAS the impact of a new airport is of greater importance to the City of Pickering
and our residents because the airport is proposed to be located on the Federal Lands in
North Pickering; and
WHEREAS the accountability and the openness of information from the GTAA board to
the Councils of Durham Region and the City of Pickering is paramount however the
current process has a member of the public appointed to the GTAA board which does
not report to Pickering or Durham Regional Council; and
WHEREAS currently the minutes of all GTAA board meetings are not made public and
therefore lacks accountability and accessibility of information for Pickering and Durham
despite having a regionally appointed member who sits on the board.
NOW THEREFORE The Council for the City of Pickering request Durham Regional
Council to amend the current process for the appointment to the GTAA board to ensure
that a resident of Pickering is appointed to the GTAA Board of Directors.
Caq o¢ 1 1 2
PICKERING
May 17, 2010
BY-LAWS
7043/10 Being a by-law to adopt the estimates of all sums required to be
raised by taxation for the year 2010 and to establish the Tax Rates
necessary to raise such sums and establish the final due dates for
the residential, pipeline, farm and managed forest realty tax
classes. [Refer to Executive Pages 59 - 62]
7044/10 Being a by-law to provide Royal Canadian Legion Branch 483 an
exemption from City property taxation for a period not exceeding
ten years effective January 1, 2010. [Refer to Executive Page 63]
7045/10 Being a by-law to stop up and close those portions of Service Road,
Plan 509, Pickering, being Parts 3 to 9, Plan 40R-26369 as public
highway, for the purpose of sale to the adjacent owner and to the
Region of Durham. (By-law attached)
7046/10 Being a by-law to dedicate that part of Lot 26, RCP 819, Pickering,
designated as Part 4, Plan 40R-25901, as public highway. (By-law
attached)
7047/10 Being a by-law to dedicate that part of Lot 18, Concession 1,
Pickering, designated as Part 1, Plan 40R-26242, as public
highway. (By-law attached)
7048/10 Being a by-law to exempt Part of Lots 1, 2 and 3, Plan 40M-1918,
being Parts 6, 7, 8, 9 and 10, Plan 40R-19416 from part lot control
(By-law attached)
7049/10 A by-law to require the installation of carbon monoxide detectors in
residential occupancies. [Refer to Executive Pages 14 - 17]
7050/10 Being a by-law to repeal Referendum By-law No. 7019/10. (By-law
attached)
7051/10 Being a by-law to dedicate Blocks 13 to 18, Plan 40M-2402,
Pickering, as public highway. (By-law attached)
7052/10 Being a by-law to provide for advance votes to be held prior to the
2010 Voting Day. (By-law attached)
~113
7053/10 Being a by-law to appoint By-law Enforcement Officers for the
purpose of enforcing parking restrictions on private property. (By-
law attached)
7054/10 Being a by-law to repeal the appointment of Thomas J. Quinn as
the Chief Administrative Officer effective June 1, 2010. (By-law
attached)
7055/10 Being a by-law to establish a Compliance Audit Committee for the
2010-2014 Term of Council. (Refer to New and Unfinished
Business Page 95]
7056/10 Being a by-law to amend the definition section and Schedule A of
By-law 6603/05 appointing the Chief Building Official, Deputy Chief
Building Official and Inspectors. (Refer to New and Unfinished
Business Page 85]
CLtq O~
PICKERING Memo
To: Debbie Shields April 27, 2010
City Clerk 11 4
From: Neil Carroll
Director, Planning & Development
Copy: Chief Administrative Officer
Director, Corporate Services & Treasurer
Coordinator, City Development
Subject: Disposal of City-Owned Lands
Untraveled Portion of Glenview Road
Legally known as Part of Service Road, Plan 509, Pickering
Parts 3 to 9, Plan 40R-26369
File: L-4610-037
The subject lands are known as the untraveled portion of Glenview Road (legally described as
Part of Service Road, Plan 509, Pickering, being Parts 3 to 9, Plan 40R-26369). A property
location map is attached.
i
On May 22, 2009, Council passed Resolution #133/09 authorizing staff to initiate the process of
having the subject lands stopped-up and closed and declared surplus for the purpose of
conveying, subject to any easements:
(a) Parts 3 and 6 to 9, Plan 40R-26369 to VIVA Retirement Living, for market value'-
determined to be $95,589.00, to consolidate with their adjacent lands to support the
construction of a 125-unit (approximate) retirement facility; and
(b) Parts 4 and 5, Plan 40R-26369 to the Region of Durham, for nominal consideration, for
reserve and Kingston Road widening purposes.
Council has since approved Zoning By-law Amendment Application A18/09, establishing zoning
over the consolidated VIVA Retirement Living and City-owned lands to support the proposed
retirement facility. It is now appropriate for Council to enact the attached draft by-law formally
declaring the lands surplus, stopping-up and closing them as public highway and authorizing their
conveyance to VIVA Retirement Living and the Region of Durham.
115
The subject lands will be disposed of in accordance with the provisions of the Municipal Act and
the City's Acquisition and Disposal of Land Policy. In accordance with the City's Notice Policy, the
appropriate notice respecting this road closure has been published in the local newspaper and on
the City's website for two consecutive weeks.
The attached draft by-law is for the consideration of City Council at its meeting scheduled for May
17, 2010.
NC:DB:bg
J:\Documents\Prop & Dev1L4650 DISPOSAMI 10 - ServiWmemosWemo to Debbie2010fomardinp bylaw(mvisionsRl).doc
Attachments
April 27, 2010 Page 2
Disposal of City-Owned Lands
Untraveled Portion of Glenview Road
116
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City of Pickering Planning & Development Department
PROPERTY DESCRIPTION Part of Service Road, Plan 509, being Parts 3-9, 40R-26369
OWNER City of Pickering DATE APR. 26, 2010 DRAWN BY JB
FILE No. Disposal of City-Owned Land SCALE 1:2500 CHECKED BY DR Af
oTera ne lroEnterpr'~aea Inc. antl ila suppliers. All rights Reserved. Not plan of survey. PN-9
2005 ,.AC ontl its su ppl iera. All right. Re.e_ed. Not o plop of ,"_y
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7 The Corporation of the City of Pickering
By-law No. tr .
'Being a by-law to stop-up and close those
portions of Service Road, Plan 509,
Pickering, being Parts 3 to 9, Plan
40R-26369 as public highway, for the
purpose of sale to the adjacent owner and to
the Region of Durham.
Whereas, pursuant to the Municipal Act, the Council of the City may pass by-laws to
acquire or dispose of land or interests in land and. to stop-up a highway, or part thereof,
and to authorize its sale or the sale of a part thereof.
Whereas, Notice of this By-law has been published for two (2) consecutive weeks.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. The following portions of highway are hereby stopped-up and closed to both
vehicular and pedestrian traffic:
• Those parts of Service Road, Plan 509, Pickering, being Parts 3 to 9, Plan
40R-26369
2. Parts of Service Road, Plan 509, Pickering, being Parts 3 and 6 to 9, Plan
40R-26369 are deemed surplus to the needs of the Corporation and shall be
offered for sale to the abutting owner, subject to any required easements.
3. Parts of Service Road, Plan 509, Pickering, being Parts 4 and 5, Plan 40R-26369
are deemed surplus to the needs of the Corporation and shall be conveyed to the
Region of Durham for road purposes, subject to any required easements.
4. The City shall ensure that all utility easements are conveyed to the appropriate
utility authority for nominal consideration ($2.00) prior to the conveyance of the
lands.
I
5. The Mayor, City Clerk, Director, Planning & Development and City Solicitor are
authorized to obtain and execute all relevant documentation required to effect the
stopping-up and closing of those portions of Service Road, Plan 509, Pickering,
being Parts 3 to 9, Plan 40R-26369 and to effect their conveyances..
By-law read a first, second and third time and finally passed this 17th day of May, 2010.
David Ryan, Mayor~.1-p~,
Debbie Shields, City Clerk
1 1 8
PICKERI Memo
To: Debbie Shields April 20, 2010
City Clerk
From: Denise Bye
Supervisor, Property & Development Services
Copy: Director, Planning & Development
Division Head, Engineering Services
Manager, Development Control
Subject: Request for Road Dedication By-law
Owner: Bhajan Sahota
Part Lot 26, RCP 819, Pickering, being Part 4, 40R-25901 (Fairport Road)
File: Roadded.517
The Owner has applied to sever that part of Lot 26, RCP 819 to create two additional lots through
Land Division Applications LD 053/08 and LD 054/08. One of the conditions of those land
severance applications was for the Owner to convey land for road widening purposes fronting the
two newly severed lots on Fairport Road to the City. As the Owner has conveyed Part 4, Plan
40R-25901 (road widening block) to the City, it is appropriate to dedicate it as public highway
(Fairport Road).
Attached are a location map and draft by-law for the consideration of City Council at its meeting
scheduled for May 17, 2010.
DB:bg
PDocumentstProp & Dev\ROADDEMSECt517 FairportWemo to City Clerk.ooc
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PROPERTY DESCRIPTION Part Lot 26, RCP 819, being Part 4, 40R-25901 007\
OWNER City of Pickering DATE APR. 21, 2010 DRAWN BY JB
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FILE No. Roadded. # 517 SCALE 1:5000 CHECKED BY 1313
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The Corporation of the City of Pickering -120
By-law No. AO"JOT
Being a by-law to dedicate that part of Lot
26, RCP 819, Pickering, designated as'Part
4, Plan 40R-25901, as public highway.
Whereas The Corporation of the City of Pickering is the owner of that part of Lot 26,
RCP 819, Pickering, designated as Part 4, Plan 40R-25901 and wishes to dedicate it as
public highway.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. That part of Lot 26, RCP 819, Pickering, designated as Part 4, Plan 40R-25901 is
hereby dedicated as public highway (Fairport Road).
By-law read a first, second and third time and finally passed this 17th day of May, 2010..
David Ryan, Mayor `
Debbie Shields, City Clerk
Roadded.517
Citq O~
ON 1
PICKERING Memo
121
To: Debbie Shields April 26, 2010
City Clerk
From: Denise Bye
Supervisor, Property & Development Services
Copy: Director, Planning & Development
Division Head, Engineering Services
Division Head, Operations & Facilities
Manager, Development Control
Subject: Request for Road Dedication By-law
Owner: Direct Line Holdings One Corp.
Part Lot 18, Con. 1, Pickering, being Part 1., 40R-26242 (Toy Avenue)
File: Roadded.516
On December 17, 2009 the owner herein entered into a Site Plan Agreement with the City
respecting the additional development of 1070 Toy Avenue. One of the conditions of that Site
Plan Agreement was for the owner to convey a portion of its lands for turning circle purposes (Part
1, Plan 40R-26242).
As the owner has now conveyed the turning circle lands to the City, it is appropriate to dedicate it
as public highway.
Attached are a location map and a draft by-law for the consideration of City Council at its meeting
scheduled for May 17, 2010.
DB:bg
JMocumentsTrop & DMROADDED1.4EM516 ToyWemo to Debbie April 10.doc _
Attachments
122
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City of Pickering Planning & Development Department
PROPERTY DESCRIPTION Part Lot 18,ConceSSlon 1, being Part 1, 40R-26242
OWNER City of Pickering DATE APR. 21, 2010 DRAWN BY JB
FILE No. Roadded. # 516 SCALE 1:5000 CHECKED BY DB
oTero el cEn[erprises Inc. ,r d its suppliers. All rights Reserved. Not a pion of ,s„r..ey. PN-4
2005 MPAC and ila suppliers. All ri hls Re servetl. Not c plan of Survey.
1 2 3 The Corporation of the City of Pickering
By-law No.
Being a by-law to dedicate that part of Lot
18, Concession 1, Pickering, designated as
Part 1, Plan 40R-26242, as public highway.
Whereas The Corporation of the City of Pickering is the owner of that part of Lot 18,
Concession 1, Pickering, designated as Part 1, Plan 40R-26242 and wishes to dedicate
it as public highway.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. That part of Lot 18, Concession 1, Pickering, designated as Part 1, Plan
40R-26242 is hereby dedicated as public highway (Toy Avenue).
By-law read a first, second and third time and finally passed this 17th day of May, 2010.
David Ryan, Mayor
Debbie Shields, City Clerk
Roadded.516
CLtq O~
1 2 4
PICKERI Memo
To: Debbie Shields April 27, 2010
City Clerk
From: Denise Bye
Supervisor, Property & Development Services
Copy: Director, Planning & Development
Subject: Request for Part Lot Control By-law
Owner: E. Raponi
Part of Lots 1, 2 and 3, Plan 40M-1918
(Parts 6, 7, 8, 9 and 10, 40R-19416)
File: 40M-1918.2
The above-noted lands are being developed in accordance with the appropriate Subdivision
Agreement and Zoning By-law in such a manner to allow the realignment of lot lines within Plan
40M-1918.
In 2003, By-law 6086/03 was enacted to exempt the lots within Plan 40M-1918 from the part lot
control provisions of the Planning Act however, that by-law expired prior to the above-noted lots
being transferred into separate ownership.
The City has received another request from the developer for the enactment of a part lot control
by-law for Part of Lots 1, 2 and 3, Plan 40M-1918, designated as Parts 6, 7, 8, 9 and 10, Plan
40R-19416 (location map attached) as it is anticipated these will close within one year.
This by-law, which will remain in effect until May 17, 2011, is attached for the consideration of City
Council at its meeting scheduled for May 17, 2010.
DB:bg
J1DocumentstPiop 8 Dev\PLC\se640M-1918\Memo to Debbie2010Lots1,2,3.doc
Attachments
125
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PROPERTY DESCRIPTION PT LOTS 1-3, 40M-1918,BEING PARTS 6-10,40R-19416
OWNER E. RAPONI DATE APR. 27, 2010 DRAWN BY JB
FILE No. PART LOT CONTROL SCALE 1:5000 CHECKED BY DB H
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126
The Corporation of the City of Pickering
By-law No.
Being a by-law to exempt Part of Lots 1, 2 and 3,
Plan 40M-1918, being Parts 6, 7, 8, 9 and 10,
Plan 40R-19416 from part lot control.
Whereas pursuant to the provisions of section 50 of the Planning Act, R.S.O. 1990,
chapter P.13, the Council of a municipality may by by-law provide that section 50(5) of
the Act does not apply to certain lands within a plan of subdivision designated in the
by-law;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, does not apply to
the lands described as follows:
• Part Lot 1, Plan 40M-1918, being Parts 9 and 10, Plan 40R-19416
• Part Lot 2, Plan 40M-1918, being Parts 7 and 8, Plan 40R-19416
• Part Lot 3, Plan 40M-1918, being Part 6, Plan 40R-19416
2. This By-law shall remain in force and effect from the date of the. passing of this
By-law and shall expire on May 17, 2011.
By-law read a first, second and third time and finally passed this 17th day of May, 2010.
t~ N, i Ft
David Ryan, Mayor
Debbie Shields, City Clerk
127
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a by-law to repeal Referendum By-law No. 7019/10
WHEREAS, the Council of the Corporation of the City of Pickering passed By-
law No. 7019/10 to submit a question to the electors at the next regular
municipal election;
AND WHEREAS, at a meeting of Council dated April 19th, 2010, the Council
of the Corporation of the City of Pickering approved a motion to remove the
question from the ballot after concerns by residents that the question was not
clear;
i
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY
OF PICKERING HEREBY ENACTS AS FOLLOWS:
REPEAL OF EXISTING BY-LAW
1. Referendum By-law No. 7019/10 is repealed.
EFFECTIVE DATE
2. This by-law shall come into force and take effect on the day of the final
passing thereof.
BY-LAW read a first, second and third time and finally passed this 17th day of
May, 2010.
David Ryan, Mayor
Debbie Shields, City Clerk
City o~
1 2 8
TICKERING Memo
To: Debbie Shields May 7, 2010
City Clerk
From: Denise Bye
Supervisor, Property & Development Services
copy: Director, Planning & Development
Division Head, Engineering Services
Division Head, Operations & Facilities
Manager, Development Control
Subject: Request for Road Dedication By-law
Developer: 946037 Ontario Limited
Blocks 13 to 18, Plan 40M-2402 (Wingarden Crescent / Shade Master Drive)
File: Roadded.518
When the above-noted plan was registered, Blocks 13 to 18 were conveyed to the City for turning
circle purposes.
As the road works within this plan have been constructed to standards sufficient to permit public
access, the required dedication should be made.
Attached are a location map and a draft by-law for the consideration of City Council at its meeting
scheduled for May 17, 2010.
DB:bg
JA)ocumentsTrop & Dev\ROADDED\SEC\518 Winganlen Shade Mastememo to Debi 2010.doc
Attachments
129
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City of Pickering Planning & Development Department
PROPERTY DESCRIPTION Blocks 13 to 18, 40M-2402
OWNER City of Pickering DATE May 6, 2010 DRAWN BY JB
- At
FILE No. Roadded. 518 SCALE 1:5000 CHECKED BY DB
aTerone lrCEnlerprise. Inc. and its suppliers. All rights Reserved. Not. plan or survey. PN-7
2 M,.A. gntl its suppliers. All right. Reserved. Not a plan pf Survey.
The Corporation of the City of Pickering 130
By-law No.
Being a by-law to dedicate Blocks 13 to 18,
Plan 40M-2402, Pickering, as public
highways.
Whereas The Corporation of the City of Pickering is the owner of Blocks 13 to 18, Plan
40M-2402, Pickering and wishes to dedicate them as public highways.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Blocks 13 to 16, Plan 40M-2402, Pickering, are hereby dedicated as public
highway. (Shade Master Drive)
2. Blocks 17 and 18, Plan 40M-2402, Pickering, are hereby dedicated as public
highway. (Wingarden Crescent)
By-law read a first, second and third time and finally passed this 17th day of May, 2010.
David Ryan, Mayor "
Debbie Shields, City Clerk
Roadded.518
Caq D~
PICKERING Memo
131
To: Mayor Ryan and May 17, 2010
Members of Council
From: Debbie Shields
City Clerk
Copy: Chief Administrative Officer
Subject: 2010 Municipal Election
By-law for Advance Votes
- File:. A-2000-001
Further to the passing of By-law 7025/10, (attachment #1) being a by-law to provide for advance
votes please find attached an amending by-law (attachment #2)for advance voting.
Through the election process it has come to the City Clerk's attention that it would be more
efficient to have two set times instead of four for advance voting. The number of hours for
advance voting has not changed it has just been standardized. Therefore the City Clerk is
suggesting that By-law 7025/10 be repealed and that the attached draft by-law be passed by
Council.
Debbie Shields
City Clerk
Attachment
f'UCH14FENtI-#_,1
132
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 7025/10
Being a by-law to provide for advance votes
to be held prior to the 2010 Voting Day.
Whereas Section 43(1) of the Municipal Elections Act, 1996, S. 0., provides that a
municipal Council shall pass a by-law establishing one or more dates for an advance
vote, and the hours during which voting places shall be open on that date or dates;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. An advance vote shall be held on Friday, October 15, 2010 between the hours of
3:00 pm and 8:00 pm at.the Picke'ring Civic Complex, One The Esplanade.
2. A second advance vote shall be held on Saturday, October 16, 2010 between the
hours of 10:00 am and 6:00 pm at the Pickering Civic Complex, One The
Esplanade.
3. A third advance vote shall be held on Monday, October 18, 2010 between the
hours of 3:00 pm and 8:00 pm at the Pickering Civic Complex, One The
Esplanade.
4. A fourth advance vote shall be held on Tuesday, October 19, 2010 between the
hours of 10:00 am and 8:00 pm at the Pickering Civic Complex, One The
Esplanade.
BY-LAW read a first, second and third time and finally passed this 16th day of February,
2010.
David Ryan, Mayor
Debbie Shields, City Clerk
CORP0223-07/01
133
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. /10
Being a,by-law to provide for advance votes
to be held prior to the 2010 Voting Day.
Whereas Section 43(1) of the Municipal Elections Act, 1996, S. 0., provides that a
municipal Council shall pass a by-law establishing one or more dates for an advance
vote, and the hours during which voting places shall be open on that date or dates;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. An advance vote shall be held on Friday, October 15, 2010 between the hours of
12:00 pm and 6:00 pm at the Pickering Civic Complex, One The Esplanade.
2. A second advance vote shall be held on Saturday, October 16, 2010 between the
hours of 12:00 pm and 6:00 pm at the Pickering Civic Complex, One The
Esplanade.
3. A third advance vote shall be held on Monday, October 18, 2010 between the
hours of 12:00 pm and 8:00 pm at the Pickering Civic Complex, One The
Esplanade.
4. A fourth advance vote shall be held on Tuesday, October 19, 2010 between the
hours of 12:00 pm and 8:00 pm at the Pickering Civic Complex, One The
Esplanade.
5. That By-law 7025/10 is repealed.
BY-LAW read a first, second and third time and finally passed this 17th day of May,
2010.
David Ryan, Mayor
Debbie Shields, City Clerk
THE CORPORATION OF THE CITY OF PICKERING 134
BY-LAW NO. 7050/10
Being a by-law to appoint By-law Enforcement Officers for the Purpose of
Enforcing Parking Restrictions on Private Property
WHEREAS pursuant to section 15(I) of the Police. Services Act, R.S.O. 1990, c.P.15, as
amended, a municipal council may appoint persons to enforce the by-laws of the
municipality; and
WHEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement
officers are peace officers for the purpose of enforcing municipal by-laws;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. That the following people be hereby appointed as municipal law enforcement
officers in and for the City of Pickering in order to ascertain whether the
provisions of By-law 2359/87 are obeyed and to enforce or carry into effect the
said By-law and are hereby authorized to enter at all reasonable times upon
lands municipally known as:
a) 1345 Altona Road, 905 Bayly Street, 1915 & 1945 Denmar Road, 1310
Fieldlight Blvd., 1655 & 1665 Pickering Parkway, 1235 Radom Street,.
1995 Royal Road and 1100 Begley Street
David Kenny
Richard Salmon
Piero Guido
b) 1330 Altona Road & 400 Kingston Road
Mark Layne
2. The authority granted in section 1 hereto is specifically limited to that set out in
section 1, and shall not be deemed, at any time, to exceed the authority set out in
section 1.
3. This appointment shall expire upon the person listed in section 1 a) ceasing to be
an employee of Authorized Parking or upon Authroized parking ceasing to be
agents for 1345 Altona Road, 905 Bayly Street, 1915 & 1945 Denmar Road,
1310 Fieldlight Blvd., 1655 & 1665 Pickering Parkway, 1235 Radom Street,. 1995
Royal Road and 1100 Begley Street, and 1 b) ceasing to be an employee of
Nemesis Security or upon Nemesis Security ceasing to be agents for 1330
Altona Road & 400 Kingston Road, whichever shall occur first.
135
By-law No. 7050 /10 Continued Page 2
4. The provisions of this by-law shall come into force and take effect on the day of
the final passing thereof.
BY-LAW read a first, second and third time and finally passed this 17th day of May,
2010.
David Ryan, Mayor
Debbie Shields, City Clerk
136
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a by-law to repeal the appointment of Thomas J. Quinn as the Chief
Administrative Officer
WHEREAS, the Council of the Corporation of the City of Pickering passed By-
law No. 5423/98 establishing the Office of the Chief Administrative Officer and
appointing Thomas J. Quinn as the Chief Administrative Officer;
AND WHEREAS, Thomas J. Quinn retires effective May 31, 2010;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY
OF PICKERING HEREBY ENACTS AS FOLLOWS:
REPEAL OF SECTION 3 OF EXISTING BY-LAW
1. That Section 3 of By-law No. 5423/98 appointing Thomas J. Quinn as.
Chief Administrative Officer is repealed.
EFFECTIVE DATE
2. This by-law shall come into force and take effect on June 1, 2010.
BY-LAW read a first, second and third time and finally passed this 17th day of
May, 2010.
I,
David Ryan, Mayor
Debbie Shields, City Clerk
Cif o¢~ Committee of Adjustment
Meeting Minutes
e =-~W Wednesday, April 7, 2010
PLIB" M FIRNG 7:00 pm
Main Committee Room
PRESENT:
Kevin Ashe
David Johnson Chair
Eric Newton - Vice-Chair
Keith Wilkinson
ALSO PRESENT:
Ross Pym, Secretary-Treasurer
Lesley Dunne, Assistant Secretary-Treasurer
ABSENT:
Susan Kular
(1) ADOPTION OF AGENDA
Moved by Eric Newton
Seconded by Keith Wilkinson
That the agenda for the Wednesday, April 7, 2010 meeting be adopted.
CARRIED UNANIMOUSLY
(11) ADOPTION OF MINUTES
Moved by Keith Wilkinson
Seconded by Kevin Ashe
That the minutes of the 4th meeting of the Committee of Adjustment held
Wednesday, March 17, 2010 be adopted.
CARRIED UNANIMOUSLY
1
Citq co - Committee of Adjustment
Meeting Minutes
Wednesday, April 7, 2010
PICKE ' 7:00 pm
Main Committee Room
(III) REPORTS
Moved by Eric Newton
Seconded by Keith Wilkinson
That application P/CA 08/10 by S. Beninato, be moved to the first item on the
agenda.
CARRIED UNANIMOUSLY
1. P/CA 08/10 - S. Beninato
603A Liverpool Road
(Part Block 3, Plan 40M-2149, Part 9, 10 40R-22918)
City of Pickering
The applicant requests relief from Zoning By-law 3036, as amended by By-law
5938/02 to permit a commercial school use to be located below the ground floor
of the dwelling having a maximum floor area of 46 square metres, whereas the
by-law permits non-residential uses within this zoning to be operated only within
the ground floor.
The applicant requests approval of this variance in order to obtain a building
permit.
The Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department recommending refusal. Written comments
were received from the City's Development Control Manager expressing no
concerns.
Written comments were received from the City's Senior Building Examiner
advising the buildings were originally constructed and approved as residential
townhouses with unfinished basements, building permits were issued to
authorize limited ground floor commercial use and below ground floor storage
conversions, commercial use below ground floor would not be barrier-free
accessible, to obtain a building permit, a design would have to address serious
building code requirements, it may be difficult or impractical to come up with a
building code compliant design for this proposal and no relief is available for
minimum building code standards.
2
Citqoo Committee of Adjustment
*1 Agg, Meeting Minutes
Wednesday, April 7, 2010
7:00 pm
Main Committee Room
Written comments were received from Architectural Glass & Metal Contractors
Association of 619 Liverpool Road opposed to the application submitted and
expressed there is limited public parking to accommodate such commercial use.
Debbie Broomer, agent, was present to represent the application. Janice
Simonds of 605 Liverpool Road and Sandy Schofield of 601 Liverpool Road
were present in objection to the application.
Correspondence received by Debbie Broomer advising the Committee she is
exploring other avenues and would like the application to be tabled.
Moved by Eric Newton
Seconded by Keith Wilkinson
That application P/CA 08/10 by S. Beninato, be Tabled to allow the applicant to
explore other avenues.
CARRIED UNANIMOUSLY
2. P/CA 06/10 - W. & N. Neill
1897 Woodview Avenue
(Part Lot 24, Plan 329, Blocks 45, Part Block 44, Plan 40M1700)
(Part 2, 3, 4, 40R17588)
City of Pickering
The applicant requests relief from Zoning By-law 3036 to permit a lot frontage of
24.5 metres, a lot area of 1,405 square metres, a rear yard depth of 7.5 metres,
a side yard width of 2.6 metres and a lot coverage of 18 percent whereas the
by-law requires a minimum lot frontage of 60 metres, a minimum lot area of
8,000 square metres, a minimum rear yard depth of 12 metres, a minimum side
yard width of 3.0 metres and a maximum lot coverage of 10 percent.
The applicant requests approval of this variance in order to obtain zoning
compliance for a proposed land severance.
The Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department recommending approval subject to
conditions. Written comments were received from the City's Development
Control Manager expressing no concerns. Written comments were received
from Councillor Rick Johnson in support of the application.
.3
Cif o¢~ Committee of Adjustment
Meeting Minutes
- Wednesday, April 7, 2010
nT 7:00 pm
Main Committee Room
Written comments were received from Kevin Cahill of 1425 Sandhurst Crescent
expressing no objections. Written comments were received from Fatim Basse of
1827 Nordane Drive and Fazal Mabood at 1829 Nordane Drive opposed to the
application if Nordane Drive is to be opened up and the construction of a road to
allow for a frontage for the severed lot.
Written comments were received from Grant Morris of Grant Morris Associates
Ltd. providing a history on the development which currently exists along Nordane
Drive. Grant Morris also noted they have questions on some of the variances
being applied for they do not consider them to be significant and therefore has
no objections to the application.
William & Nancy Neill, owners, were present to represent the application.
Joseph Hayworth of 1413 Sandhurst Crescent was present to obtain additional
information on the application.
William Neill explained the application. In response to questions from a resident,
he explained there is no potential buyer right now, no current plans to develop
the proposed severed parcel and may sell off the property in the future.
Joseph Hayworth requested information on the future plans for the proposed
severed lots and was opposed to any development that did not fit in with the
neighbourhood.
Moved by Kevin Ashe
Seconded by Eric Newton
That application P/CA 06/10 by W. & N. Neill, be Approved on the grounds that
the proposed lot frontage of 24.5 metres, a lot area of 1,405 square metres, a
rear yard depth of 7.5 metres, a side yard width of 2.6 metres and a lot coverage
of 18 percent are minor variances that are desirable for the appropriate
development of the land, and in keeping with the general intent and purpose of
the Official Plan and the Zoning By-law, subject to the following conditions:
1. That these variances apply only to the existing building, as generally sited
and outlined on the applicant's submitted plans with this application.
2. That the applicant submits a registered reference plan as part of a future land
severance application outlining the dimensions of the existing dwelling and
the proposed new lot.
4
Cif o¢~ Committee of Adjustment
Meeting Minutes
Wednesday, April 7, 2010
I 7:00 pm
Main Committee Room
3. That the applicant obtains final clearance for a future land severance by
December 30, 2011, or this decision shall become null and void.
CARRIED UNANIMOUSLY
3. P/CA 07/10.- P. Wobbe & J. Davis
1250 St. Martins Drive, Unit 21
(Part of Block Y, Plan M16, Part 21,151, 40R-25699)
City of Pickering
The applicant requests relief from Zoning By-law 2520, as amended by By-law
6705/06 to permit a rear yard depth of 3.5 metres and side yard widths of
0.6 metres to a proposed raised rear yard deck whereas the by-law requires a
minimum rear yard depth of 5.0 metres and a minimum side yard width of
1.2 metres.
The applicant requests, approval of these variances in order to obtain a building
permit.
The Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department recommending refusal. Written comments
were received from the City's Development Control Manager expressing no
concerns. Written comments were also received from Derek Rozen of 1250
St. Martins Drive in support of the application.
Paul Wobbe & Julie Davis, owners, were present to represent the application.
No further representation was present in favour of or in objection to the
application.
Paul Wobbe submitted a response to the Committee of Adjustment report along
with pictures of the subject property. Paul Wobbe outlined that the proposed
raised rear yard desk will make the amenity space more usable, the townhouse
block was developed with lighting and electrical outlets on the second storey and
this would allow individual owners to erect a raised rear yard deck in the future
and noted that appropriate buffer space will be maintained.
5.
Citq Committee of Adjustment
Meeting Minutes
Wednesday, April 7, 2010
7:00 pm
Main Committee Room
Moved by Keith .Wilkinson
Seconded by Kevin Ashe
That application P/CA 07/10 by P. Wobbe & J. Davis, be Deferred until the next
meeting in order to give the Committee Members an opportunity to visit the site.
CARRIED UNANIMOUSLY
4. P/CA 09/10 - M. Sauter
562 West Shore Blvd.
(North Part Lot 2, Plan 311)
City of Pickering
The applicant requests relief from Zoning By-law 2511 to permit a front yard
depth of 4.8 metres to a new deck, whereas the by-law requires a minimum of
7.5 metres.
The applicant requests approval of this variance in order to obtain a building
permit and" zoning compliance.
The Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department recommending approval subject to
conditions.
Mark Sauter, owner, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Moved by Kevin Ashe
Seconded by Eric Newton
That application P/CA 09/10 by M. Sauter, be Approved on the grounds that the
front yard depth of 4.8 metres to a new deck to be a minor variance that is
desirable for the appropriate development of the land, and in keeping with the
general intent and purpose of the Official Plan and the Zoning By-law, subject to
the following conditions:
1. That this variance applies only to the new deck, as generally sited and
outlined on the applicant's submitted plans with this application.
2. That the applicant obtains a building permit for the proposed construction by
April 7, 2011 or this decision shall become. null and void.
CARRIED UNANIMOUSLY
6
Committee of Adjustment
Meeting Minutes
Wednesday, April 7, 2010
7:00 pm
Main Committee Room
(IV) ADJOURNMENT
Moved by Keith Wilkinson
Seconded by Eric Newton
That the 5th meeting of 2010 the Committee of Adjustment be adjourned at
7:32 pm and the next meeting of the Committee of Adjustment be held on
Wednesday, April 28, 2010.
CARRIED UNANIMOUSLY
4"
.Dale
1
Chair
Assistant Secretary-Treasurer
7
Czrq 0¢ Minutes
Heritage Pickering Advisory Committee
i i April 20, 2010
P~ ~KERIN 7:00 pm
Main Committee Room
Attendees: Rhonda Lawson, Vice Chair
Councillor Johnson
Terence Arvisais
Keith Falconer
Wickham Jamadar
Rey Moreno
Peter Rodrigues
Isa James, Planner II
L. Roberts, Recording Secretary
Absent: Joanne Glasser
Margaret Woods
Item / Details & Discussion & Conclusion Action Items /Status
Ref # (summary of discussion) (include deadline as
appropriate)
1.0 Welcome RL
W. Jamadar, Acting Vice Chair welcomed everyone to the
meeting.
2.0 Approval of Minutes All
Moved by K. Falconer
Seconded by R. Moreno
That the minutes of the March 23, 2010 meeting be approved
as amended. [Correction was made to name spelling on Item
3.3 on page 2]
CARRIED
3.0 New and Unfinished Business - All
3.1 Heritage Permit Application Review
425 Whitevale Road
W. Jamadar introduced Richard Gosling, who appeared before
the Committee with respect to his heritage permit application
for 425 Whitevale Road.
Page 1
Item / Details & Discussion & Conclusion Action Items / Status
Ref # (summary of discussion) (include deadline as
appropriate)
Mr. Gosling provided the Committee with an overview of the
application, noting that all site plan and zoning approvals had
been received. He noted the long history of the Mill, indicating
the plans were revised to enable them to use reclaimed brick to
be more in keeping with the original building. He provided the
Committee with a copy of the revised plan. He stated the plans
for the building are for a Bed and Breakfast including a medical
health spa and retail. He noted they are ready to start
immediately.
1. James provided background information with respect to the
application. She noted that the structure is not a designated
heritage building, but is located within the Whitevale Heritage
District. She noted the revised plans which the applicants were
proposing would be a significant improvement.
A discussion period ensued. I. James indicated she would stay
in touch with the applicants and discuss the permit application I. James to action
process with T. Moore.
The Committee members reviewed the plans that were
presented and it was the general consensus to reserve
comments until such time as the completed plans are available
to view. The Committee was in agreement that the application
was going in the right direction. It was also noted that pictures I. James to action
would be helpful.
3.2) Work Plan and Inventory Work Discussion
Update Bi-Centennial Project Work
The Committee reviewed the work plan and R. Lawson
indicated she had made revisions as directed from the previous
meeting and had forwarded the revised Work Plan to the
membership. Some additional revisions were recommended
respecting timelines for designations. R. Lawson asked for
feedback respecting the possibility of doing the designations
this year and the following was noted;
• Revise dates for designation process to reflect the
timelines
• Bi-Centennial - Doors Open - need to coordinate dates
with Katrina at the Pickering Museum - R. Lawson will
provide contact information
• School Presentations - need to get a project plan
• R. Lawson requested subcommittees to report at each
general meeting of Heritage Pickering
• I. James provided an update on her meeting with
Page 2
Item / Details & Discussion & Conclusion Action Items / Status
Ref # (summary of discussion) (include deadline as
appropriate)
Markham regarding their use of the Amanda system,
which she noted will be recommended for Pickering
• R. Lawson has started work on the binders
3.3) Evaluation System for Heritage Designations
Discussion ensued with respect to the worksheets to be used
for evaluation purposes. Packages had been distributed to the
members with samples from Kitchener and Brampton. After
review and discussion it was the consensus of the Committee
to combine the City of Kitchener and the Ministry's template.
The Committee was in agreement to keep it simple, cover all
types of properties and have explanatory notes to help explain
how you arrive at a score.
Discussion took place regarding a field trip.
1. James noted she had a number of brochures as well as an I. James to action
exterior recording training manual and that she would look into
having them photocopied for the members.
R. Lawson noted she would prepare an evaluation form in R. Lawson to action
consultation with Bert Duclos and bring it back to the
Committee at the next meeting for final approval.
3.4) Review of Designation Process
The Committee reviewed the designation process which is
listed on page 34 of the "Designated Heritage Properties" in the
tool kit. They reviewed the steps involved and the importance
of involving the property owners.
A discussion period ensued and it was decided to continue to
move ahead with the research of the properties for designation
in order to make.a decision on which properties to prepare
reports on. R. Lawson requested the members to bring their
research findings to the next meeting.
3.5) Survey - Equity and Inclusive Education Policy
Correspondence was received from the Durham District School
Board seeking input on a draft Equity & Inclusive Education
Policy. This correspondence was received for information, as
the content of the survey does not directly relate to this
Committee.
Page 3
r
Item / Details & Discussion & Conclusion Action Items/ Status
Ref # (summary of discussion) (include deadline as
appropriate)
3.6) Rogers Farm Update
P. Rodrigues provided the Committee with an update on
Rogers Farm. He noted he had been to the property and
indicated that repairs had been started. The plastering of the
ceiling appeared to be in keeping with the style of the period.
He noted there was extensive interior restoration work required.
4.0 Correspondence All
4.1) Upcoming Pickering Earth Week Initiatives
Correspondence was received from the City of Pickering with
respect to Earth Week initiatives which are taking place the
week of April 19-27, 2010.
R. Lawson suggested we think about this for participation next
year as art of the Committee's Bi-Centennial involvement.
5.0 Other Business
5.1) R. Lawson advised the Committee of upcoming public
workshops regarding the Seaton Neighbourhood Plans. She
encouraged members to attend the May 4, 2010 public
workshop regarding Whitevale Road Heritage, stating that this
should be of particular interest to the Committee as it will focus
on the cultural heritage attributes of Whitevale Road. The
meeting will take place at the Recreation Complex on Valley All
Farm Road beginning at 7:15 pm. Anyone wishing to attend
must pre-register with the Pickering Planning Department.
5.2) P. Rodrigues provided the Committee with an update with
respect to a meeting he had attended regarding the Seaton
community which was held at the Herongate Barn Theatre. He
noted the major impact on the Whitevale community with all the
upcoming major projects.
6.0 Adjournment/Next Meeting All
Moved by K. Falconer
Seconded by W. Jamadar
That the meeting be adjourned.
CARRIED
The meeting adjourned at 9:05 pm
Next Meetin : May 18, 2010
Copy: City Clerk
Page 4
Ctrq o~ Minutes/Meeting Summary
Sustainable Pickering Advisory Committee
_ i April 28, 2010
PICKER! 2;00 pm
CAO Boardroom
Attendees: Doug Dickerson, City Councillor, Ward 2 (Chair)
Jennifer O'Connell, City Councillor, Ward 1 (Vice-Chair)
David Pickles, City Councillor, Ward 3
Tom Melymuk, Director, Office of Sustainability
Lynn Winterstein, Manager, Marketing & Business Development
Catherine Rose, Manager, Policy
Kristy Kilbourne, (Acting) Coordinator, Sustainability
Marla Shim, Executive Assistant, Council (Recording Secretary)
Absent: Jack McGinnis - Durham Sustain Ability
Item/ Details & Discussion & Conclusion Action Items/Status
Ref # (summary of discussion) (include deadline as
a ro riate
1. Sustainable Pickering Da /Earth Hour Event
L. Winterstein reported that Sustainable Pickering Day/Earth
Hour was a great success and partnering with Pickering
Town Centre resulted in good cost savings for the City.
Councillor Dickerson requested that a banner with a
photograph of the Committee members be displayed at next
year's event to assist the public in identifying members.
K. Kilbourne advised that to date, a total of 422 people have
registered for the Earth Hour Challenge, and a significant
number of people were added to the Sustainable Pickering e-
mail distribution list.
Seventy-three City staff members registered to "Take the
Challenge". A draw was held and the winner received an
Earth Hour cake.
On average, the Sustainable Pickering website receives
1,600 hits, but increased to 2,300 in March.
The event was also posted on Facebook, Flickr and
YouTube.
i
Councillor O'Connell suggested developing a Sustainable Staff to action.
Pickering application for Smart phones.
Pagel
CORP0228-2/02
Councillor Pickles recommended checking with Durham Staff to action.
College or University of Ontario Institute of Technology
(UOIT) to ask if they might be able to do an application for us
as a school project.
2. Measuring Sustainabili Report
T. Melymuk and L. Winterstein advised that the Measuring
Sustainability Report will be distributed mid-May, pending
Committee Members' approval.
Committee Members are asked to provide their comments by
Friday, May 7, 2010.
Councillor Dickerson requested that hard copies be provided to the
Federation of Canadian Municipalities (FCM) and the Association
of Municipalities of Ontario (AMO).
To be more sustainable, it was agreed that the report would be Staff will look into the
made available on USB sticks and that hard copies only be cost of purchasing 100
provided upon request. USB sticks.
Discussion ensued and it was decided that a FAQ sheet (e.g. Staff to action.
recycling facilities - drop-off for batteries, paint cans, etc.) will
be added as a link to the Sustainable Pickering website.
''3. Marketing of,theRdport
L. Winterstein informed Committee Members that once a date is
confirmed, the Measuring Sustainability Report will be posted
on the Sustainable Pickering website.
The report will be promoted through the following:
o Place an executive summary on the Sustainable Pickering
. website and mention in the City's Fall tax insert
o Advertise in a variety of newsletters, including Municipal
Matters and the new Economic Development newsletter
o Send a-post card to Ajax-Pickering Board of Trade, Altona
Forest Stewardship Committee, etc.
o Place community page ads in local newspapers
o Engage schools by providing the report to encourage their
participation
o Encourage staff to distribute through email
o Send to Sustainable Pickering contributors and ask that
they distribute to their staff
o Place notice of website on banners in the Civic Complex,
Recreation Complex and libraries
The indicators will be monitored approximately every two years
in order to keep track of progress beyond the benchmark base.
Page 2
CORP0228-2/02
4. Community Survey
T. Melymuk advised that the pre-test of the Community Survey
is complete. The feedback received from pre-test participants
is that the survey is too detailed and contains too many
questions.
The survey will be amended accordingly.
5. Partners for Climate Protection Report
T. Melymuk informed Committee Members that a report.
providing an update on the City's Partners for Climate
Protection program will be forwarded to the June 14th
Executive Committee meeting.
6. Sustainable Development Guidelines
T. Melymuk advised that staff from Planning & Development
and the Office of Sustainability are starting work on Version 2 of
the City's Sustainable Development Guidelines. Staff will be
examining the merits of using LEED-ND as a basis for the new
version of the Guidelines. Consultants currently working for the
City on the Seaton Neighbourhood Planning review are
extremely familiar with the LEED-ND program and may be able
to provide some assistance in this regard. (Dan Leeming of The
Planning Partnership).
Staff will provide Dan Leeming's bio to Committee Members C. Rose to action.
and try to arrange for Dan to attend the next Committee
meeting in order to provide information on LEED-ND.
7. Other Business
K. Kilbourne informed members that the City will be
participating in Energy Conservation Week being held towards
the end of May. It is being organized by the Ontario Power
Authority (OPA) and the theme is "The Power Pledge".
Staff will approach IT with regards to having a laptop for the
Challenge as part of the display.
8. Next Meeting
To be determined.
Meeting Adjourned: 3:25 pm
Copy: City Clerk
Page 3
CORP0228-2/02
City o~ Minutes / Meeting Summary
iii Accessibility Advisory Committee
_ 1 i Wednesday, April 28, 2010
I KERIN 7:00 pm
CAO Boardroom
Attendees: Keith Falconer, Chair
Councillor Littley
Terence Arvisais
Gwelda MacDonald-Tuttle
Aisha Natifa-Heywood
Marilyn Wallace
Susan Wilkinson
Stephanie Wilson
Prem Noronha-Waldriff
Lisa Harker, Recording Secretary
Absent: Stephen Little, Co-Chair
Item / Details Discussion & Conclusion Action Items / Status
Ref # (summary of discussion) (include deadline as
appropriate)
1.0 Welcome
K. Falconer welcomed everyone to the meeting.
2.0. Adoption of Minutes - March 24, 2010 All
Moved by Councillor Littley
Seconded by T. Arvisais
That the minutes of the March 24, 2010 meeting be adopted.
i
CARRIED
3.0 Accessible 2010 Municipal Election Procedures LH
i
L. Harker provided an overview of the draft Accessible 2010
Municipal Election Procedures and advised the Committee that
the City Clerk is seeking approval of the procedures prior to the All members to action
election. A question and answer period ensued. L. Harker
advised the Committee that they may review the procedures
and provide her with any comments. The Procedures will be
coming. back to the Committee for approval on May 26rn
Page 1
CORP0228-2/02
4.0 CNIB Presentation All
Two representatives from the CNIB appeared before the
Committee to provide them with an overview of what the CNIB
is and what they do. They showed the Committee their website
and described the "Accessibility Consulting Unit" and its
responsibilities. The representatives also provided an overview
of available workshops, courses and consulting services.
A question and answer period ensued.
5 0 2009; Annual Re oit 12010 Work Ian Update KF
G. MacDonald Tuttle and K. Falconer provided an overview of
the PAAC's presentation to Council on the 2009 Annual Report
and 2010 Workplan Update. K. Falconer advised the
Committee that the presentation was a success and thanked
members that attended the .meeting.
6:0 'Accessibility Awareness Event All
K. Falconer advised the Committee that the Accessibility
Awareness Event was originally set for October 2, 2010 but
that due to the upcoming municipal elections, the event has
been postponed to April or June 2011. P. Noronha-Waldriff to P. Noronha-Waldriff to
confirm a date that the Pickering Town Centre is available for action
this event.
P. Noronha-Waldriff suggested that once the date for the
event is set, that members reserve one hour in each meeting
dedicated to planning this event. The Committee should start All members to action
brainstorming a list of speakers to attend the event.
The Committee will also place advertisements in the
Community Page to ask organizations to attend the event.
7.0 Site Plan Review All
S. Little will review the site plans and provide comments to
the Planning & Development Department on the Committee's S. Little to action
behalf.
8."0 Other Business &'-Adjournment All,
8.1. P. Noronha-Waldriff distributed flyers and posters for the
upcoming Regional Accessibility Expo taking place on June
17th
8.2. Business brochure - G. MacDonald Tuttle to revise the G. MacDonald-Tuttle
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CORP0228-2/02
business brochure to a one-page handout. to action
8.3. P. Noronha-Waldriff to create a standard Power Point P. Noronha-Waldriff to
presentation for the Committee to take to their community action
events.
8.4. S. Wilkinson updated the Committee on the outcomes of
a letter she had sent to the City discussing various
accessibility issues in Pickering. The response received from
the Region of Durham on traffic signal control timings was
that there was no reason to look at the issue right now. The
issue of curb cuts at the mall and the parking lot at Loblaws
are still being addressed by the City's By-law Enforcement
Services.
8.5. P. Noronha-Waldriff advised the Committee of an
individual who contacted her regarding issues with barriers at
a local rehabilitation centre. P. Noronha-Waldriff contacted
the City's Chief Building Official, who suggested that the
PAAC write a letter to the organization gently lobbying them
to make changes. L. Harker to advise the Committee on the L. Harker to action
process for the Committee issuing letters to organizations.
8.6. K. Falconer advised the Committee that April 28th is the
"Day of Mourning" and that this day draws attention to the
importance of safety in the workplace.
8.7. Councillor Littley asked if Grant McGregor, Principal P. Noronha-Waldriff to
Planner - Policy could be invited to attend the May meeting action
to discuss the new downtown.
Moved by Councillor Littley
Seconded by G. MacDonald Tuttle
That-the meeting be adjourned.
CARRIED
9.0 Next Meeting All
The next meeting has been scheduled for May 26, 2010.
Meeting Adjourned: 9:20 pm
Copy: City Clerk
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