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Home My WebLink AboutNovember 19, 2012 Cali 00 • Its Council Meeting • Agenda PICKERING Monday, November 19, 2012 Council Chambers 7:00 pm I) Invocation • Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. II) Disclosure of Interest III) Adoption of Minutes Page Council Minutes, October 15, 2012 1-15 Special Council Minutes, November 5, 2012 16-22 Executive Committee Minutes, November 12, 2012 23-33 IV) Presentations 34 V) Delegations 35 VI) Correspondence 36-41 VII) Committee Reports 42-45 a) Report EC 09-2012 of the Executive Committee VIII) Reports — New and Unfinished Business 46-86 IX) Motions and Notice of Motions X) By-laws 87-94 XI) Confidential Council - Public Report XII) Other Business XIII) Confirmation By-law Accessible • For information related to accessibility requirements please contact PICKS ( G Linda Roberts Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: Irobertsepickerina.ca FOR INFORMATION ONLY • Minutes of the Committee of Adjustment, September 26, & October 17, 2012 • Minutes of the Accessibility Advisory Committee, October 24, 2012 • Minutes of the Heritage Pickering Advisory Committee, October 25, 2012 • Minutes of the Advisory Committee on Diversity, November 8, 2012 • • • Ciiq 00 = Council Meeting Minutes Monday, October 15 2012 ,, i=i-tea: MM 1 7:00 PM • Council Chambers • • - Present: • Mayor David Ryan • Councillors: K. Ashe B. McLean J. O'Connell D. Pickles • P. Rodrigues Absent: • D. Dickerson Also Present: • T. Prevedel - Chief Administrative Officer P. Bigioni - Director, Corporate Services & City Solicitor N..Carroll - Director, Planning & Development T. Melymuk - Director, Office of Sustainability S. Karwowski - (Acting) Division Head, Finance &Treasurer • D. Shields - City Clerk • B. Douglas - Fire Chief L. Harker - Coordinator, Records & Elections • (I) 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. • (Ill) Adoption'of Minutes • Resolution # 118/12 Moved by Councillor McLean • Seconded by Councillor Pickles • 1 1 C r c1 A. Council Meeting Minutes Monday, October 15, 2012 iS t4I [ 7:00 PM Council-Chambers • In Camera Council Minutes, September 18, 2012 Council Minutes, September 18, 2012 Planning & Development Committee Minutes, October 1, 2012 Executive Committee Minutes, October 9, 2012 Carried (IV) Presentations Royal Canadian Legion Branch 606 A representative from the Royal Canadian Legion Branch 606 appeared before Council to kick off their annual poppy campaign, which begins on October 26th. She invited the Mayor, Councillors and Don Terry from OPG to come forward for the poppy fitting ceremony and presented Mayor Ryan with the official poppy flag to fly at City Hall during the campaign. (V) Delegations 1. Blaisdale Montessori School (Winster Investments) • Alex Tsoulis, appeared before Council representing a number of area residents who are in opposition to the expansion of the Blaisdale Montessori School. Mr. Tsoulis provided an overview by Power Point presentation of the Committee of Adjustment decision and outlined why he does not support the expansion of the Montessori school, including traffic issues. He questioned whether Blaisdale has a nuclear evacuation procedure and would like to obtain support from Council for the upcoming OMB Appeal rejecting the application to change the by-law. A question and answer period ensued. Mark Vigna appeared before Council to support Blaisdale Montessori School. Mr. Vigna • discussed not taking sides and questioned why community members were picking on Blaisdale. He questioned why the City was spending tax dollars on doing traffic and noise studies. Cathy Boland appeared before Council to support Blaisdale Montessori School. Ms. Boland works at Blaisdale and discussed the need for this school and the effects that the school has on their student's successes. Mike Vasilianu appeared before Council to support Blaisdale Montessori School. Mr. Vasilianu has three children who attend Blaisdale Montessori School and believes this is an attack on the school as a business. Mr. Vasilianu stated that the City should not be driving 2 2 Cat/ 00 . Council Meeting Minutes Monday, October 15, 2012 110 M 7:00 PM Council Chambers businesses away from Pickering and believes the hiring of a lawyer is a waste of taxpayer's dollars. Juanita Jones appeared before Council to support Blaisdale Montessori School. Ms. Jones works at Blaisdale and expressed fears about losing her job. Laurrell Mohammed appeared before Council to support Blaisdale Montessori School. Mr. Mohammed's son goes to this school and would like to encourage the community to come together to come up with a solution to the problem. Debbie Carkner appeared before Council to support Blaisdale Montessori School. Ms. Carkner's daughter goes to Blaisdale and she described the high-quality schooling that the. school provides. Linda Rendulich appeared before Council to support Blaisdale Montessori School. Ms. Rendulich's daughter goes to Blaisdale and described the high-quality schooling that the school provides. Ms. Rendulich stated that Blaisdale adds to the quality of life in the neighbourhood and that forcing the school to close or reduce in numbers would create undue hardship to the community. Annika Cann appeared before Council to support Blaisdale Montessori School. Ms. Cann provided letters of support from schoolmates to the City Clerk. Laurie Simoneau appeared before Council to support Blaisdale Montessori School. Ms. Simoneau's son goes to Blaisdale and she described the high-quality schooling that the school provides. She does not support taxpayer's dollars going towards paying lawyers to fight this case. Melissa Price-Mitchell appeared before Council to support Blaisdale Montessori School. She strongly opposes using taxpayer's dollars to fight this case and would like the community to come together to come up with a solution to the traffic and noise issues. Darrin Homer appeared before Council to support Blaisdale Montessori School. Mr. Homer does not support taxpayer's dollars going to this appeal and would like to work out a compromise. A question and answer period ensued. Katrina Woodhouse appeared before Council to support Blaisdale Montessori School. Ms. Woodhouse's daughter attends Blaisdale and does not believe the noise and traffic of the school is an issue. • 3 3 Cu/00 Council Meeting Minutes Monday, October 15, 2012 7:00 PM Council Chambers • Stephen D'Agostino, Thomson Rogers, and Heather Wilson from Blaisdale Montessori School appeared before Council in support of Blaisdale Montessori School. Mr. D'Agostino provided clarification of some of the points raised and advised Council that the school is taking great steps to bring itself into conformity. The school would like to work with the community to deal with the various issues raised to ensure that concerns on both sides are addressed. A question and answer period ensued. • 2. Corr. 18-12 Designation of Durham Region as a designated area under the Provincial French Languages Services Act Serge Paul, Conseil Scolaire Viamonde, appeared before Council in support of Durham Region being a designated area under the Provincial French Languages Services Act. Mr. Paul described French language schools as dynamic, and proud of their heritage and cultural diversity. Cindy Zamiska, Catholic Family Services of Durham, appeared before Council in support of Durham Region being a designated area under the Provincial French Languages Services Act. Ms. Zamiska described services that are provided by the Catholic Family Services of • Durham to better respond to the francophone community. A question and answer period ensued. Sylvie Landry, Assemblee des communautes francophones de l'Ontario, appeared before Council, to ask Council's support to designate Durham Region under the Provincial French Languages Services Act. Their mission is to raise awareness of the francophone community and to encourage support. Ms. Landry clarified that this is not a municipal Act, but a provincial Act, therefore municipalities must still apply to be designated. A question' and answer period ensued. Daniel Cayen, Assistant Deputy Minister for the Office of Francophone Affairs was present to answer questions. Samuel Montas, L'Amicale, appeared before Council in support of Durham Region being a designated area under the Provincial French Languages Services Act. Ann Lewis, Parent comite, appeared before Council in support of Durham Region being a designated area under the Provincial French Languages Services Act. Dominique Auger, Entite #4, appeared before Council in support of Durham Region being a designated area under the Provincial French Languages Services Act. Ms. Auger described • the impact of language barriers on health care delivery. - • 4 4 C1tq Council Meeting Minutes _ = � ' '� Monday, October 15, 2012 ��►� ��\ 7:00 PM Council Chambers (VI) Correspondence 1. Corr. 16-12 Lisa Harker Coordinator, Records & Elections Accessibility Advisory Committee • Resolution # 119/12 Moved by Councillor Ashe Seconded by Councillor McLean That Corr. 16-12 from Lisa Harker on behalf of the Accessibility Advisory Committee, to advise the Ministry of Community and Social Services that they are seeking an extension beyond October 1, 2012 to formally respond to the draft Accessibility Standards for the Built Environment be endorsed. Carried 2. Corr. 17-12 Lisa Harker Coordinator, Records & Elections Accessibility Advisory Committee Resolution # 120/12 Moved by Councillor Ashe Seconded by Councillor McLean That Corr. 17-12 from Lisa Harker on behalf of the Accessibility Advisory Committee, to request to the Province the need for full serve gas stations to be included in the Accessibility for Ontarians with Disabilities Act and the Planning Act and that this request be forwarded to the Region of Durham be endorsed. Carried 3. Corr. 18-12 Sylvie A. Landry 707 rue Simcoe Sud, bureau 207 Oshawa, ON L1 H 4K5 • 5 5 Cis 00 Council Meeting Minutes Monday, October 15, 2012 IS1 t . - 7:00 PM Council Chambers • Resolution # 121/12 Moved by Councillor Ashe Seconded by Councillor McLean That Corr. 18-12 from the Board of Directors of L'Assemblee des communautes francophones de ('Ontario, Durham — Peterborough be referred to staff for a report on impact and costs. Carried 4. Corr. 19-12 Association of Municipalities in Ontario and The Township of Scuqog • Resolution #122/12 Moved by Councillor Ashe Seconded by Councillor McLean i in • That Corr. 19-12 from the Association of Municipalities n O ntario and the Township of Scugog requesting support that the Ontario Legislature continue to work collectively with AMO and Ontario municipalities on translating interest arbitration reform into prudent legislation be endorsed. Carried 5. Corr. 20-12 Special Constable Edo van Belkom Peel Regional Police Association 10675 Mississauga Road Brampton, ON L7A OB6 Resolution #123/12 Moved by Councillor Ashe Seconded by Councillor O'Connell That Corr. 20-12 from Special Constable Edo van Belkom, Peel Regional Police Association, thanking Mayor and Members of Council for their support with respect to • changing the eligibility requirements for the Peace Officer Exemplary Service Medal be received for information. • Carried 6 6 Ca Council Meeting Minutes tio- Monday, October 15, 2012 7:00 PM • Council Chambers Council took a ten minute recess and reconvened at 10:15 pm. (VII) Committee Reports a) Report PD 07-2012 of the Planning & Development 1. Director, Corporate Services & City Solicitor, Report CAO 15-12 Silver Lane Estates Inc. - Plan of Subdivision 40M-2339 - Blocks 35 and 39, 40M-2119 - Block 46, Plan 40M-2119 (Parts 1 to 5, Plan 40R-24314) - Block 16, 40M-1943, Plan 40R-24313, Plan 40R-21358 - Final Assumption of Plan of Subdivision Council Decision 1. That Calvington Drive and Treetop Way within Plans 40M-2339 and 40R-21358 be assumed for public use; 2. That the works and services required by the Subdivision Agreement within Plan 40M-2339, Plan 40R-21358, Blocks 35 and 39, Plan 40M-2119, Block 16, Plan 40M-1943, Parts 1, 3 and 4, Plan 40R-24313 and Block 46, Plan 40M-2119, being Parts 1 to 5, Plan 40R-24314, 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 17 and 18, Plan 40M-2339 and Part 2, Plan 40R-24313; and 3. That the Subdivision Agreement and any amendments thereto relating to the above-noted lands, including Blocks 17 and 18, Plan 40M-2339 be released and removed from title. Resolution # 124/12 Moved by Councillor McLean Seconded by Councillor Pickles That Report PD 07-2012 of the Planning & Development Committee dated October 1, 2012, be adopted. • Carried 7 7 00 A Council Meeting Minutes � Monday, October 15, 2012 � � 7:00 PM Council Chambers 1111 b) Report EC 08-2012 of the Executive Committee 2. Director, Community Services, Report CS 48-12 Hiring of a Project Manager for the Design and Construction of the New Operations Centre Council Decision 1. That Report CS 48-12 from the Director, Community Services be received; 2. That Council approve to engage the services of Independent Project Managers • (IPM) for project management services for the design and construction of the New Operations Centre in accordance with the City's Purchasing Policy Item 10:05; 3. That the total gross project cost of$395,640.00 (HST included), and a net project • cost of$356,286.00 (net of HST rebate), including the proposed amount and associated costs be approved; 4. That the (Acting) Division Head, Finance & Treasurer be authorized to finance. • the project as follows: a) the sum of$355,000.00 be debt financed, or through an internal loan, or from the proceeds of the sale of City owned land; b) the sum of$1,286.00 be funded from Development Charges Reserve Funds; c) the (Acting) Division Head, Finance & Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms and conditions, or take any actions necessary in order to effect the foregoing; and d) That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. 3. Director, Corporate Services & City Solicitor, Report CAO 16-12 Liquor Licence Act— Special Occasion Permit -Events that are deemed as Events of"Municipal Significance" Council Decision 1. That Council delegate authority to the City Clerk to consider requests and, if • appropriate, to deem events as "events of municipal significance" under the 8 8 • o1 Council Meeting Minutes Monday, October 15, 2012 71111M12 7:00.PM Council Chambers • • Liquor Licence Act (Ontario), as amended; and 2. That the attached Procedure entitled "Special Occasion Permits — Public Events of Municipal Significance" be adopted, as amended. 4. Director, Corporate Services & City Solicitor, Report CAO 17-12 2013 Standing Committee and Council Meeting Schedule Council Decision That the 2013 Standing Committee and Council Meeting Schedule included as Attachment 1 to this report be approved, as amended. Resolution # 125/12 • Moved by Councillor McLean • Seconded by Councillor Pickles That Report. EC 07-2012 of the Executive Committee dated October 9, 2012, save and except Item #1 and #5, be adopted. Carried • 1. Cathy Grant, CEO Pickering Public Library, Report LIB 01-12 Central Library Expansion and Renovation • A question and answer period ensued. Resolution # 126/12 Moved by Councillor McLean .Seconded by Councillor Pickles 1. That Council receive the Central Library: Expansion and Renovation Study; 2. That staff be directed to include the design and construction costs for a combined Library and Civic Centre expansion in the five year capital forecast. Carried on a Recorded Vote as follows • 9 • 9 • Ca A Council Meeting Minutes Monday, October 15, 2012 7:00 PM Council Chambers • • Yes • No•Councillor Ashe Councillor Rodrigues • Councillor McLean Councillor O'Connell • Councillor Pickles Mayor Ryan • 5. Chief Administrative Officer's Report, CAO 18-12 • 2013 Base Budget Guideline A question and answer period ensued. • • Resolution # 127/12 Moved by Councillor Ashe Seconded by Councillor Pickles Council Decision • 1. That Report CAO 18-12 of the Chief Administrative Officer be received; • • 2. That staff be authorized to prepare for Council's consideration a-2013 base budget with the increase not to exceed 4.9%; • 3. That 2013 user fees be increased, where possible, to the estimated inflation rate of 2.3% (Ontario CPI); and, 4. That the appropriate officials be authorized to take the necessary actions to give effect thereto. Carried Later in the meeting [Refer to following motion] Resolution # 128/12 • Moved by Councillor Ashe Seconded by Councillor Pickles • That item #2 of the main motion be amended to read as follows; That staff be authorized to prepare for Council's consideration a 2013 base budget with the increase not to exceed 3.75%. • • 10 . 10 Ca c4 A Council Meeting Minutes 'Kal' Monday, October 15, 2012 IM till 7:00 PM Council Chambers Carried on a Recorded Vote as follows Yes No Councillor Ashe • Councillor Rodrigues Councillor McLean Mayor Ryan Councillor O'Connell Councillor Pickles The main motion was then Carried as amended. (VIII) New and Unfinished Business 1. Director, Corporate Services & City Solicitor, Report CST 29-12 Veridian Corporation - Promissory Note Renewal Resolution # 129/12 Moved by Councillor Pickles Seconded by Councillor Ashe • 1. That Report CST 29-12 of Director Cor orate Services & City Solicitor be p ty received; 2. That the maturity date on the Promissory Note in the amount of$7,095,000 owed by Veridian Corporation to the City be amended to December 31, 2015 at its face value subject to the existing terms and conditions and bearing interest at the greater of 6% or the Ontario Energy Board Deemed Rate as indicated on the Note; 3. That a By-law in the form attached providing for the approval and execution of a Note Amending Agreement be passed; 4. That the Mayor and Clerk be authorized to execute the Note Amending. Agreement on behalf of the City of Pickering in the form attached; 5. That the Director, Corporate Services & City Solicitor be authorized-to undertake any actions including negotiations or amendments to the terms and conditions of the Promissory Notes and/or the Note Amending Agreement which may be necessary in order to put the foregoing into effect; and, 6. That the appropriate officials at the City of Pickering be given authority to give 1, effect thereto. Carried 11 11 00 Council Meeting Minutes _'� �'= Monday, October 15, 2012 kW-MAW 7:00 PM Council Chambers • (IX) Motions and Notice of Motions Duffin Creek Water Pollution Control Plant Resolution # 130/12 Moved by Councillor O'Connell Seconded by Councillor McLean WHEREAS The current outfall of the Duffin Creek Water Pollution Control Plant (WPCP) extends from the onshore for a distance of approximately 1 kilometre offshore under the bed of Lake Ontario; AND WHEREAS Current Ministry of the Environment (MOE) approvals allow effluent flows to be released up to a limit of 520 MLD, and Durham and York Regions (the Regions) may be allowed to increase to 540 MLD if MOE's Central Region Director is satisfied that effluent limits set out in the Certificate of Approval (CofA) for sewage works, including Total Phosphorus loading limits, can still be met; AND • WHEREAS approval for the Regions to operate the WPCP above 540 MLD cannot be granted by MOE until the Regions have implemented a Preferred Alternative to address the Outfall-Diffuser limitations associated with the recent Stage 3 Expansion to the WPCP; AND WHEREAS Through the Outfall EA process, the Regions are requesting to be allowed to release 630 MLD; AND WHEREAS In Spring 2012, a more detailed study that builds on the University of Waterloo study and Dr.'Auer's review was initiated by MOE Great Lakes researchers. MOE's fieldwork is expected to be completed in 2013, followed by analyses and a final report;AND WHEREAS Dr. Todd Howell of the MOE Great Lakes research section is currently conducting an in-depth study of the Ajax-Pickering nearshore that is expected to be completed and reported on in 2014; AND WHEREAS.The MOE study presently underway is anticipated to fill information gaps and help inform the best practical management decisions about the WPCP and its O'utfall- Diffuser, as well as other sources that could result in improved shoreline conditions and nearshore water quality for swimming and other uses. NOW THEREFORE BE IT RESOLVED•The Council for the Corporation of the City of Pickering request the Regions of Durham and York to adjust the Project Timeline for the • Outfall EA to integrate the Ministry of the Environment's 2012-2013 study of Lake Ontario 12 12 aO - Council Meeting Minutes Fw= x '1.1'— Monday, October 15, 2012 7:00 PM • Council Chambers water quality along the Ajax-Pickering shoreline, in order to better understand the accumulating adverse environmental impacts of past and present effluent emissions from the Duffin Creek WPCP's existing Outfall-Diffuser, by more precisely determining the relative loads and concentrations from sources that contribute to the growth of nuisance Cladophora algae that fouls beaches and shorelines and clogs the intakes at the Pickering Nuclear Generating Station and Lake Ontario-based water supply plants. AND THAT copy of this resolution be sent to the Ministry of the Environment and MPP Joe Dickson and MPP Tracy MacCharles. Carried on a Recorded Vote as follows Yes No Councillor O'Connell Councillor Pickles Councillor Rodrigues Mayor Ryan Councillor Ashe Councillor McLean (X) By-laws Resolution # 131/12 Moved by Councillor Pickles Seconded by Councillor McLean That By-law No. 7245/12,be approved. 7245/12 Being a by-law to approve and authorize the execution of a note amending agreement made as of the 31st day of October, 2012 in respect of fourth amended and restated promissory notes dated October 31, 2012 issued by Veridian Corporation in favour of The Corporation of the Town of Ajax, The Corporation of the City of Belleville, The Corporation of the Municipality of Clarington and The Corporation of the City of Pickering, and to approve the issue of fourth amended and restated promissory notes dated as of the 31st day of October, 2012. Carried • 13 13 • citq o 7 Council Meeting Minutes _� Monday, October 15, 2012 CO/ VVC 7:00 PM Council Chambers • • (XI) Confidential Matters In accordance with Procedural By-law 7212/12 and the provisions of the Municipal Act, an In Camera meeting of Council was held prior to the regularly scheduled meeting. Resolution # 132/12 • Moved by Councillor McLean Seconded by Councillor O'Connell That Council move In Camera in accordance with the provisions of the Municipal Act • and Procedural By-law 7212/12, in that the matters to be discussed relate to a proposed or pending acquisition or disposition of land by the municipality or local board. • Carried • Resolution # 133/12 • Moved by Councillor McLean Ill Seconded by Councillor Rodrigues a) Confidential Report CAO 19-12 Duffin Heights —City Land . Addendum to Report CAO 07-12 • That the recommendations put forward at the closed meeting of Council.to extend lease agreements with Arnts Topsoil and Pickering Golf Academy be approved. • Carried (XII) Other Business • a) Councillor O'Connell spoke to a resident concerned with the speed limit on Altona Road. The speed limit is 50 km and the resident believes it should be brought up to 60 km. Staff to review with the Region of Durham. b) Councillor O'Connell requested that staff review a request for used computers by a church group for use. c) Councillor Rodrigues requested that staff review the speed limit on Altona Road, • north of Finch and south of Cherrywood. He felt that the construction speed of 60 km 14 • 14 • Cali et, 8 Council Meeting Minutes Monday, October 15, 2012 ��►/ J�\ 7:00 PM • Council Chambers was not necessary and that it should be 80 km. Staff to review with the Region of Durham. Councillor Ashe left the meeting at 11:06 pm. (XIII) Confirmation By-law By-law Number# 7246/12 Councillor McLean, seconded by Councillor O'Connell 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 October 15, 2012. (XV) Adjournment Moved by Councillor McLean Seconded by Councillor O'Connell That the meeting be adjourned at 11:20 pm. Carried Dated this 15th day of October, 2012. Mayor David Ryan • Debbie Shields City Clerk 15 . 15 cli, o0 = • Special Council Meeting Minutes == Ef '--• Monday, November 5, 2012 i■O NIK 7:00 pm • . Council Chambers • Present: • Mayor Ryan • • Councillors: K. Ashe D. Dickerson B. McLean J. O'Connell • D. Pickles P. Rodrigues. Also Present: T. Prevedel - Chief Administrative Officer P. Bigioni - Director, Corporate Services & City Solicitor T. Melymuk - Director, Office of Sustainability R. Holborn - Division Head, Municipal Property&.Engineering S. Karwowski - (Acting) Division Head, Finance &Treasurer • •D. Shields - City Clerk A. Mostert - Coordinator, Landscape& Park Development M. Gadzovski . - Senior Water Resources & Environmental Engineer (I) Disclosure of Interest No disclosures of interest were noted. (II) Delegations 1. Frenchman's Bay Harbour Entrance Reconstruction • Bernard Luttymer, 590 Liverpool Road, Pickering, Swans Marina Ltd., appeared before Council in support of the Frenchman's Bay Harbour Entrance Reconstruction and thanked the City for this project. He noted that he felt the improvements would increase tourism in the area. Jim Dike, Chair of the Waterfront Coordinating Committee, appeared before Council in support of the Frenchman's Bay Harbour Entrance Reconstruction. He noted that he has seen other projects that TRCA have been involved in and felt confident that TRCA could do the job. Gary Endicott, 11110 Sheppard Avenue East, Toronto, Pickering Auxiliary • Rescue Association, appeared before Council in support of the Frenchman's Bay 1 16 Ca/ co Special Council- Meeting Minutes A�- _ �1= , Monday, November 5, 2012 itcs � 7:00 pm Council Chambers Harbour Entrance Reconstruction. He noted that the project will increase boater safety. Patricia van Zadel, 591 Liverpool Road, Pickering, appeared before Council in • support of the Frenchman's Bay Harbour Entrance Reconstruction. She also noted her appreciation of the funding support from all three levels of government. Gary Peck, 591 Liverpool Road, Pickering, Fairport Yacht Club/Fairport • • Frenchman's Bay Ltd., appeared before Council in support of the Frenchman's Bay Harbour Entrance Reconstruction and supported TRCA for project . management and construction services on the project. Evanne Willson, a Pickering resident; appeared before Council in opposition to this project. Ms. Willson noted that she swam at the beach regularly and expressed her concerns about access to the beach during construction. Ms. Willson also noted her concerns regarding what the project will do to the quality of the water. She stated that her questions regarding water quality have yet to be • answered and urged Council to reconsider the project until those questions were answered. Harold Hough, 591 Liverpool Road, Pickering, Pickering Harbour Company • Limited, appeared before Council in support of the Frenchman's Bay Harbour .Entrance Reconstruction and thanked Council for moving this project forward. Denis Carrier, 974 Vistula Drive, Pickering, Frenchman's Bay Yacht Club, appeared before Council in support of the Frenchman's Bay Harbour Entrance Reconstruction and the engagement of TRCA for project management and construction services on the project. Larry Debono, 1684 Heathside Crescent, Pickering, appeared before Council in support of the Frenchman's Bay Harbour Entrance Reconstruction and thanked • Council for moving the project forward. Keith Falconer, 710 Lublin Avenue, Pickering, President, Pickering East Shore Community•Association (PESCA), appeared before Council in support of the Frenchman',s Bay Harbour Entrance. He noted that PESCA has supported the project since 2009 and he also thanked Councillor O'Connell and D. Steele for the.suggestion of making both sides fully accessible. A question and answer period ensued. • Greg Greason, 72 Isabella Street, Suite 10, Toronto,. Frenchman's Bay Yacht Club, appeared before Council in support of the Frenchman's Bay Harbour 2 • • 17 • Ca/ A Special Council Meeting Minutes Monday, November 5, 2012 • 7:00 pm • Council Chambers • Entrance Reconstruction and the engagement of TRCA for project management and construction services on the project. David Steele, 966 Timmins Gardens, Pickering, appeared before Council to express his concerns with the Frenchman's Bay Harbour Entrance Reconstruction project. Mr. Steele does not agree with the need for 2 piers and thinks the yacht club and marina should pay some money to the project. Mr. • • Steele does not think that the project should be sole sourced. Bryan Buttigieg, 384 Woodgrange Avenue, Pickering, canoes in this channel on a regular basis and does not believe it is safe for the larger boats. Mr. Buttiegieg • believes that TRCA is a suitable project.manager for the project. Brent Hughes, 964 Essa Crescent, Pickering, Frenchman's Bay Yacht Club, appeared before Council in support of the Frenchman's Bay Harbour Entrance Reconstruction and thanked the City for this project. Paul White, 507 Cliffview Road, Pickering, President, Fairport Beach Neighbourhood Association, appeared before Council in support of this project. However, Mr. White would like the City to remain conscious of all the environmental, construction and budgetary impacts of the project. A Pickering resident appeared before Council in opposition to.the project. He does not believe that taxpayers were engaged enough in this project and would like more community engagement. He noted his concerns with the project being conducted and staged on the west side of the spit. He also questioned where additional money would come from if the project went over budget. A question and answer period ensued. A.Pickering resident appeared before Council in opposition to the project. She does not believe that the residents of Pickering were adequately informed about this project and their concerns have not been addressed. She feels the project will increase pollution in the lake and questioned whether market research studies had been completed. • A question and answer period ensued. Marilyn Hedge, appeared before Council to express her concerns with this project. Ms. Hedge requested clarification on.how an internal debt loan worked. She questioned whether Pickering residents would be hired to work on the project. She also noted her concerns with how the project would affect the water 3 18 Cif,/ ^ Special Council Meeting Minutes Monday, November 5, 2012 I [S1IN IZ[ 7:00 pm Council Chambers quality and felt the piers were excessive and also questioned public safety when on the piers. Mary Humphrys, 926 Sunrise Avenue, Pickering, appeared.before Council to express her concerns with this project. She noted that she recognizes that something has to be done for boater safety but is concerned with the scope of the project. Ms. Humphrys questioned the budget process and asked if the City had a plan in place in case the project goes over budget. She stated that she would like to see shared investments and innovative funding solutions for this project. . A question and answer period ensued. Barbara Pulst, 909 Vistula Drive, Pickering, appeared before Council to express her concerns with this project. Ms. Pulst would like the City to ensure that the natural beauty of the Frenchman's Bay Harbour is maintained. She noted that she felt TRCA was moving away from their mandate of conservation and the environment and that they should be concentrating on that instead of construction and project management. He stated her concerns were with sole sourcing to TRCA and the estimated costs. Mario Giorgio, The Waterfront Bistro, appeared before Council in support of the Frenchman's Bay Harbour Entrance Reconstruction. Mr. Giorgio felt the project will increase the economy in the area. Ian Hendy, 677 Marksbury Road, Unit 2, Pickering, appeared before Council and noted he was not opposed to the project but was concerned with the construction process of the project. He stated that he was opposed to any of the beach areas being closed during construction and also noted his concerns with limited parking during construction. He requested that the City look at different places to store construction equipment and do everything they can to keep access to the beach open. Andre Pilon, 663 Chipmunk Street, Pickering, appeared before Council to express his concerns with this project being constructed and managed on the west shore. He questioned whether the City could look at other options for the flow of equipment and traffic during construction. He questioned who would be paying for future dredging of the area and noted his concern with the scope of the project. A question and answer period ensued. I' 4 19 Cis co Special Council Meeting Minutes i -� Monday, November 5, 2012 vtS1/ [ 7:00 pm • Council Chambers (Ill) New and Unfinished Business Director, Community Services, Report CS 38-12 Frenchman's Bay Harbour Entrance Reconstruction Resolution #134/12 Moved by Councillor Ashe Seconded by Councillor McLean 1. That Report CS 38-12 of the Director, Community Services, regarding the Frenchman's Bay Harbour Entrance Reconstruction be received; 2. That Council approve engaging the services of TRCA as a sole source purchase for project management and construction services for • reconstruction of the Frenchman's Bay Harbour Entrance in accordance with the City's Purchasing Policy Item 09.04; 3. That Council authorize the Mayor and City Clerk to execute a Memorandum • of Understanding with the TRCA for the project management and construction services for reconstruction of the Frenchman's Bay Harbour Entrance, on such terms as are satisfactory to the Director, Community Services and the Director, Corporate Services & City Solicitor; 4. That Council authorize the (Acting) Division Head, Finance & Treasurer to finance Phase 1 (west breakwater).and Phase 2 (east breakwater) of the project as provided for in the 2012 Parks Capital Budget as follows: a) a contribution from the Region of York, South East Collector Enhancement funds in the amount of$1,500,000 b) the City of Pickering's share be changed from an external debt to an internal loan in the amount of$1,500,000 for a term not to exceed 10 years; and at a rate to be determined; • c) a Provincial Grant through Building Together, the Government of Ontario's long-term infrastructure plan, in the amount of$3,000,000; 5. That Council authorize the Mayor and City Clerk to execute an Infrastructure Funding Contribution Agreement with the Province of Ontario on such terms as are satisfactory to the Director, Community Services and the Director, Corporate Services & City Solicitor; and • 5 20 Cat/ o0 • Special Council Meeting Minutes 1401 ''--- Monday, November 5, 2012 IIS I-iI tI • 7:00 pm Council Chambers 6. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Carried Later in the Meeting on a Recorded Vote [Refer to following motions] • Resolution #135/12 Moved by Councillor Dickerson Seconded By Councillor Pickles That recommendation #6 be renumbered to recommendation #7 and the following recommendation be added as recommendation #6: • That, upon having notification from the Government of Canada that it has approved its funding contribution, the Mayor and City Clerk be authorized to execute an • amendment to the Infrastructure Funding Contribution Agreement to reflect the • Federal funding contribution of$3 million and proceed with phase 3.: Carried Resolution #136/12 • Moved by Councillor O'Connell • Seconded by Councillor Rodrigues • That Council defer Report CS 38-12 until community consultation takes place with • the West Shore community to determine an appropriate construction plan to be approved by Council. • Motion Defeated on • A Recorded Vote as follows: Yes No Councillor O'Connell C6uncillor.Ashe Councillor Rodrigues Councillor Dickerson. Councillor McLean • Councillor Pickles Mayor.Ryan The main motion was then Carried as amended on a Recorded Vote as follows: 6 • 21 • Cat' 4 Special. Council Meeting Minutes _. �. '=_ Monday, November 5, 2012 *WNW 7:00 pm Council Chambers Yes No Councillor Ashe Councillor O'Connell Councillor Dickerson Councillor Rodrigues Councillor McLean Councillor Pickles Mayor Ryan (IV) Confirmatory By-law By-law Number 7247/12 Councillor Dickerson, 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 Special Meeting of Council of November 5, 2012. Carried (V) Adjournment • The meeting adjourned at,10:50 pm. Dated this 5th day of November, 2012 Mayor David Ryan Debbie Shields City Clerk • • 7 22 00 = Executive Committee Ian == Meeting Minutes Monday, November 12, 2012 7:00 pm - Council Chambers Chair: Councillor Rodrigues Present: Mayor Ryan Councillors: K. Ashe D. Dickerson B. McLean J. O'Connell • D. Pickles P. Rodrigues Also Present: T. Prevedel - Chief Administrative Officer P. Bigioni - Director, Corporate Services & City Solicitor E. Buntsma - Director, Community Services it B. Douglas - Fire Chief R. Holborn - Division Head, Engineering Services S. Reynolds - Division Head, Culture & Recreation S. Karwowski - (Acting) Division Head, Finance &Treasurer K. Senior - Manager, Accounting Services M. Gadzovski - Senior Water Resources & Environmental Engineer A. Mostert - Coordinator, Landscape & Park Development D. Shields - City Clerk L. Roberts - Committee Coordinator - (I) Disclosure of Interest No disclosures of interest were noted. Moved by Councillor Dickerson Seconded by Councillor McLean That the rules of procedure be suspended in order to change the order of business to allow for delegations to be heard as each report is put forward. Carried 110 (II) Matters for Consideration 1 23 City vt = Executive Committee Meeting Minutes. INIatiNia[ Monday, November 12, 2012 • 7:00 pm - Council Chambers Chair: Councillor Rodrigues 1. Director, Corporate Services & City Solicitor, Report CST 30-12 2012 Year End Audit Paula Jesty, Deloitte & Touche appeared before Committee to provide an overview of the 2012 year end audit. She briefly outlined areas of the executive summary, outlining the two significant risks, being revenue recognition and management estimates. , A brief question and answer period ensued with clarification being provided with respect to best practices and internal controls. Recommendation Moved by Councillor Dickerson Seconded by Councillor Pickles 1. That Report.CST 30-12 of the Director, Corporate Services & City Solicitor be received; • 2. That the Audit Plan as submitted by Deloitte & Touche LLP, included as. • Attachment 1 to this report be received for information; and, 3. That the Chief Administrative Officer and the (Acting) Division Head, Finance & Treasurer be authorized to sign the Auditor's Engagement Letter on behalf of the City. Carried 2. Director, Community Services, Report CS 50-12 Proposed Indoor Soccer Facility Pre 2013 Capital Budget Approval Phil Frampton, President, Pickering Soccer Club, appeared before the Committee in support of Report CS 50-12. With the aid of a power point presentation, he explained the services and programs provided by the Soccer Club, their successes in competitions as well as their involvement with special needs programs. He noted scholarships have been achieved by youth, with some going on to play professional soccer. He noted the need for facilities gets stronger each year, which is an on going challenge. He also indicated one of the key aspects of the facility was to ensure a • 0% tax impact on Pickering residents. He thanked City staff for their assistance in 2 24 • Cif,/00 Executive Committee a � 5'- Meeting Minutes Monday, November 12, 2012 7:00 pm - Council Chambers Chair: Councillor Rodrigues bringing forward this report and also acknowledged their ongoing improvements and maintenance of facilities. A question and answer period ensued with staff providing clarification. Recommendation Moved by Councillor McLean Seconded by Councillor Pickles 1. That Report CS 50-12 from the Director, Community Services be received; 2. That Council support the Pickering Soccer Club Indoor Facility Business Plan to develop and operate an Indoor Soccer Facility at 1955 Clements Road; 3. That Council provide a pre 2013 Capital Budget approval for the Architectural & Engineering Services and Construction of the Pickering Indoor Soccer Facility at an estimated total project cost of$4,876,089.89; 4. That the (Acting) Division Head, Finance & Treasurer be authorized to finance the total estimated project cost as follows: a) the sum of$4,875,000.00 to be financed by the issue of debentures by the Regional Municipality of Durham over a period not to exceed 15 years, at a rate to be determined; b) the sum of$1,089.89 to be funded from property taxes; c) the annual repayment charges in the amount of approximately$423,275.00 be included in the annual Current Budget for the City of Pickering, continuing thereafter until the debentures are repaid, and any financing cost to be paid out of the Current Budget; 5. That Council approve the debt financing charges for the indoor soccer dome be - fully repaid by the Pickering Soccer Club through regular monthly payments until the related debt financing is paid in full; 6. That Council approve the engagement of Rounthwaite Dick and Hadley - Architects Inc. for the Architectural & Engineering Services for the Pickering Indoor Soccer Facility in accordance with the City's Purchasing Policy Item 10:05; II • • 3 25 City co al Executive Committee Meeting Minutes •Monday, November 12, 7:00 pm - Council Chambers Chair: Councillor Rodrigues 7. That the proposed total gross cost of Rounthwaite Dick and Hadley Architects Inc. in the amount of$369,233.15 (HST included), and a net cost of $332,505.89 (net of HST rebate) be approved; 8. That the draft by-law attached to this report be enacted; and 9. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. Carried Unanimously On a-Recorded Vote 3. Director, Community Services, Report CS 39-12 Frenchman's Bay Waterfront Master Plan Jim Dike, Chair, Waterfront Coordinating Committee appeared before the Committee. He provided an overview of the purpose of the Waterfront Committee, which is to make recommendations to Council. He noted open houses had been held in order to gain the community's comments on the Master Plan. He explained the result of these comments were on the City's website in the form of a Question &Answer • sheet. A resident of Pickering appeared before the Committee noting his concerns with the boardwalk. He questioned whether there would be sufficient emergency vehicle access. He noted his concerns with the costs involved for maintenance of the boardwalk as well as lighting installation. He also felt that the proposed trail system should be reduced. He stressed his concerns for maintaining the natural elements around the west shore and preserving the conservation. A brief question and answer period ensued with respect to removal of a portion of the trail as well as the lighting. A resident of Pickering appeared before the Committee expressing her concerns with respect to the Plan. She questioned whether there were larger maps to view, as the ones provided were difficult to read. She noted there had been changes made to the plan between March and June, stating the lack of public notification regarding these changes. She noted concerns with the potential removal of large trees for the road to the Canoe Club and boardwalk. She also questioned the installation of lighting, the need for 3 viewing platforms and the high cost for garbage cans. She requested the plans be reconsidered and felt there were still residents who had not viewed them. Evanne Willson , 1522 Amberlea Road, Pickering, appeared before the Committee to • express her concerns with respect to access to the beach area and reduced parking. She noted that she felt the Plan did not allow for sufficient parking with easy access 4 • 26 Gag o0 Executive Committee Meeting Minutes . Monday, November 12, 2012 7:00 pm - Council Chambers Chair: Councillor Rodrigues to the beach. She felt the boat trailers should be parked elsewhere once the boats have been launched, and that this area should be designed for seniors parking. Laurie Humphries a resident of Pickering appeared before the Committee noting her concerns with the lack of consultation and communication to residents. She stated that the City should be looking at different ways to communicate with residents and felt that the newspaper was no longer an effective means of communication. She felt the use of billboards like they had for planning applications would be more beneficial to area residents. She felt there was no need for a formal playground or picnic area • and felt that it would be a waste of money because of the vandalism that regularly occurs. She also felt the installation of lighting would be a problem and noted her concerns with parking and stated the scope of the project was too expensive. She also noted that many parts of the plan are beautiful, but emphasized the need for more public consultation. Mary Humphrys, 926 Sunrise Avenue, Pickering, appeared before the Committee to outline the concerns of the newly formed West Shore Ratepayers Association, of which she is a member. She identified the following areas the association felt would enhance the plan; • Phasing of construction — inform the community of a schedule of implementation plans • Harbor entrance—where will residents go • Ensure inclusion in City budget • Install traffic calming for Beachpoint Promenade area • Remove playground from high traffic area—safety concerns • Include community in future planning • Initiate a formal means of communication for residents • Ensure a contact for residents during construction phase • Ensure regular updates on construction schedules on website, billboards, etc. Andre Pilon, 663 Chipmunk Street, Pickering, appeared before the Committee, stating he was President of the newly formed Westshore Ratepayers Association. He stated his support of the Master Plan, but noted he would like to see the boat launch reconsidered to disallow motorized watercraft. He indicated he would rather see canoes, sailboats as the primary use. He questioned whether other yacht clubs could be utilized as an alternative for launching the motorized watercraft. He also felt the canoe club building, washrooms and storage facilities would create additional disruption later on if not considered now. Barbara Pulst, 909 Vistula Drive, Pickering, appeared before the Committee, stating she hoped to see the main focus on maintaining the natural state of the spit. She noted she would encourage the use of soft water sports and discourage motorized craft for safety reasons. She also felt there was no need for picnic tables. 5 27 cit,, oi Executive Committee Meeting Minutes IKON_ Ult� . Monday, November 12, 2012 7:00 pm - Council Chambers Chair:, Councillor Rodrigues Marilyn Hedge, Westport/Fairport Beach resident, appeared before the Committee expressing her concerns with the lack of sufficient notice of meetings. She also noted she was not in favour of play structures, as they encourage the gathering of youth at odd hours. She also noted her concerns with the cost of the garbage receptacles and stated the majority of residents in the area currently cleaned up garbage in the area. She also noted that the bus routes should be reviewed again and felt there was no need for the bus loop noted in the plan. She stated that this area is a beautiful natural resource and would like to see it maintained as such. She encouraged the Committee to consider the recommendations provided by Mary Humphrys on behalf of the Westshore Ratepayers Association, and felt that cost savings could be seen if these recommendations were considered. The Committee took a ten minute recess and reconvened at 9:35 pm. A. Mostert, Coordinator, Landscape & Park Development, introduced Bruce Cosburn, Cosburn, Giberson Landscape Architects and Gord MacPherson, Toronto and Region Conservation Authority. He noted they were present to provide an outline of the plan and to respond to concerns raised by residents. Gord MacPherson provided an overview of their main focus over the past ten years, • p p Y being forest habitat, wetlands and the barrier beach. He.noted the key in maintaining this area is getting vehicular traffic off the spit, stating the boardwalk would encourage pedestrians to stay on the designated walkways, enabling better preservation. He noted now is the time to updatelthe master plan, noting the east spit was not included in the original plan. He stated this plan strikes a good balance between public use and conservation of property. Bruce Cosburn appeared before the Committee to outline the details of the plan and to address comments brought forward this evening. He indicated the purpose of the boardwalk was to naturalize and reinstate vegetation in the area by controlling where pedestrians go, thereby enabling the rehabilitation of the areas. He also addressed concerns relating to emergency vehicle access, accessibility, parking, separating traffic and pedestrians, and traffic calming techniques. He also noted the lighting was intended to light the roadway areas. A question and answer period ensued. It was questioned whether safeguards were in place to lessen the impact of construction on the spit. Clarification was also requested on defining the types of motor craft, costs, and the-protection of natural elements. It was questioned whether TRCA staff would be present on an on going basis to monitor the site and to address any concerns raised during the construction • 6 28 Executive Committee • �- '-' -� _ Meeting Minutes Keter��li Monday, November 12, 2012 7:00 pm - Council Chambers Chair: Councillor Rodrigues phase. Concerns were also noted with respect to the boat launch and the increased traffic. It was noted that proper access in and out of the area is key and there was a • need to revisit pedestrian vs. traffic issues. Recommendation Moved by Councillor Dickerson Seconded by Councillor Pickles 1. That Report CS 39-1..2 of the Director, Community Services regarding Frenchman's Bay Waterfront Master Plan be received; 2. That the Frenchman's Bay Waterfront Master Plan be endorsed by Council; 3. That City staff be directed to work with the Toronto and Region Conservation Authority to look for external funding sources to assist with the construction costs; 4. That City staff be directed to coordinate with the Toronto and Region Conservation Authority and other service clubs identified as park users, to prepare detailed designs in preparation for construction; and 5. That a copy of this, report be forwarded to the Toronto and Region Conservation Authority for their information, and that they be advised of Council's decision on this matter. • Carried as amended (Refer to following motions) Moved by Councillor O'Connell Seconded by Councillor Ashe That Item #4 of the main motion be amended to read as follows; That City staff be directed to coordinate with the Toronto and Region Conservation Authority, other service clubs, identified as park users and relevant community associations including the West Shore Ratepayers Association, to prepare detailed designs in preparation for construction; and Carried Unanimously on a Recorded Vote I 7 29 Cuq 00 _ Executive Committee ., Meeting Minutes 11011 X111 . Monday, November 12, 2012 • 7:00 pm - Council Chambers Chair: Councillor Rodrigues Moved by Councillor Dickerson Seconded by Councillor Pickles That Item#4 of the main motion be further amended to read as follows; That City staff be directed to coordinate with the Toronto and Region Conservation Authority, other service clubs, identified as park users and relevant community associations including the West Shore Ratepayers Association and the East Shore Ratepayers Association, to prepare detailed designs in preparation for construction; and Carried on a Recorded Vote as Follows: Yes No Councillor Ashe Councillor O'Connell Councillor Dickerson Councillor Rodrigues Councillor McLean Councillor Pickles 1111 Mayor Ryan Moved by Councillor O'Connell Seconded by Councillor Ashe That staff be directed to identify and include a phase II plan for additional automobile parking area(s) to be constructed if a need arises for same in the future. Carried Unanimously on a Recorded Vote Moved by Councillor O'Connell Seconded by Councillor Ashe That staff be'directed to delete the tot lot area. Carried on a Recorded Vote as Follows: Yes No Councillor Ashe Councillor Dickerson Councillor McLean Councillor Pickles Councillor O'Connell • Councillor Rodrigues Mayor Ryan 8 30 l°� � Executive Committee Meeting Minutes • Monday, November 12, 2012 7:00 pm - Council Chambers Chair: Councillor Rodrigues The main motion as amended was then carried unanimously on a recorded vote. . 4. Director, Community Services, Report CS 49-12 Consultant Selection for the Downtown Stormwater Management and Diversion Study Recommendation Moved by Councillor Dickerson Seconded by Councillor Pickles 1. That Report CS 49-12 of the Director, Community Services regarding the Consultant Selection for the Downtown Stormwater Management and Diversion Study be received; 2. That the proposal No. RFP-8-2012 submitted by The Municipal Infrastructure Group Ltd., to undertake the Downtown Stormwater Management and Diversion Study in the amount of$324,804 including HST be accepted; 3. That the net project cost of$371,348 (including net HST) be approved; 4. That the (Acting) Division Head, Finance & Treasurer be authorized to finance the project as provided for in the approved 2012 Current Budget for the Engineering Services -Admin., Professional & Consulting, Downtown Stormwater(Account 2290.2392.0000); and 5. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. Carried 5. Director, Corporate Services & City Solicitor, Report CAO 20-12 2012 Toys for Tickets/Food for Fines Promotion Recommendation. Moved by Councillor Dickerson Seconded by Councillor Pickles 1. That parking tickets issued between December 1 — 14, 2012 be eligible for the Toys for Tickets/Food for Fines promotion, and • 9 • 31 City o0 Executive Committee Meeting Minutes WriONIZE Monday, November 12, 2012 7:00 pm - Council Chambers Chair: Councillor Rodrigues 2. That the Toys for Tickets/ Food for Fines Promotion be implemented for December 13 and 14, 2012. Carried 6. Director, Corporate Services & City Solicitor, Report CAO 21-12 Proposed changes to fee structure in Responsible Pet Ownership By-law Recommendation Moved by Councillor Dickerson Seconded by Councillor Pickles 1. That Report CAO 21-12 respecting changes to the fee structure for Schedule "A" of the Responsible Pet Ownership By-law 6811/07 be received; 2. That the attached proposed schedule "A" of the Responsible Pet Ownership By- law 6811/07 be enacted. Carried 1111 • 7. . Chief Administrative Officer Report CAO 22-12 Respect in the Workplace Policy Recommendation Moved by Councillor Dickerson Seconded by Councillor Pickles That Council approve modifications to the Respect in the Workplace Policy (HUR 070) in order to comply with amendments to the Ontario Human Rights Code. Carried 8. Director, Corporate Services & City Solicitor, Report CST 31-12 Section 357/358 of the Municipal Act—Adiustment to Taxes • Recommendation Moved by Councillor Dickerson Seconded by Councillor Pickles • 10 32 • j °o Executive- Committee Meeting Minutes KO SORE Monday, November 12, 2012 7:00 pm - Council Chambers Chair: Councillor Rodrigues 1. That Report CST 31-12 of the Director, Corporate Services & City Solicitor 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 (III) Adjournment The meeting adjourned at 11:20 pm. 10 • III S 11 ' 33 Cluj II PICKERING November 19, 2012 Presentations 1. Presentation of Certificates Adopt A Park CoolSkills Ltd. — Ernie L. Stroud Park Devi Mandir Youth — Greenwood Park City o0 r y-LL rmn it_r,T"#: : :: :j • PICKERING November 19, 2012 Delegations 1. Representatives from the Senior Team and Board of Directors Local Health Integration Networks (LHINs) 2. Jayme Harper PFLAG Durham Region (PDR) Re: Gender Neutral Restroom Challenge Cat,a¢r PICKERING November 19, 2012 Correspondence pages 1. Corr. 21-12 Motion for Direction Dave Bryans, President and CEO 37-41 Ontario Convenience Stores Association (OCSA) Suite 217-466 Speers Road Oakville, ON LK 3W9 Letter received from Dave Bryans, President and CEO of OCSA requesting Council support of legislation seeking new measures to address the contraband tobacco trade, and that the Mayor forward a letter as per the proposed motion attached, to the Ontario Minister of Finance encouraging swift implementation of these measures. • • • • • • • 36 ON L6K3W9 ,._... ��ti z.� �� 4tirnrenincestosesa o.,v r r t L Ontario Convenience Stores Association _ ,g-A .GPYTO: Kiov. nit FiLry. .. Mayor Dave Ryan APR.ACTION The Corporation of the City of Pickering CrrA 4- o ri co r 01, o 1 The Esplanade Pickering, Ontario L1V 6K7 Dear Mayor Ryan, On behalf of the Ontario Convenience Stores Association (OCSA) and the many convenience store retailers in Pickering, I would like to address a serious problem that impacts not only small businesses in the community, but the safety and security of Pickering residents. The distribution and sale of contraband tobacco is a growing concern in Pickering. Given the proximity to Highway 401, Pickering has become a stop along this trafficking route, frequently used by those looking to sell contraband. This problem, that was once limited to Eastern Ontario, is spreading into other parts of the province. Illegal tobacco is sold at a very low cost, without age verification checks, making it particularly accessible to underage youth. Not only does the sale of contraband hurt small business and government through tax evasion, it contributes to organized crime and the deterioration of community safety. The RCMP estimates that 175 organized crime groups participate in the contraband tobacco trade. It is a serious public safety concern that must be addressed. The Ontario government has taken the important step of addressing contraband by introducing new measures as part of its 2012 Budget. These measures include increased fines for those convicted of contraband offenses, more authority for law enforcement officials to deal with these offences, and working with other jurisdictions to help tackle the contraband problem. The OCSA has been working with municipalities across the province to pass a motion that ensures the timely implementation of these measures. Specifically, we ask that the Mayor of Pickering write a letter to the Ontario Finance Minister encouraging swift implementation of these measures. The proposed motion and further information on the budget commitments are attached to this document. 37 Municipalities including Ajax, Uxbridge, Oshawa, Windsor, London, Hamilton, Kingston, Thunder Bay, Sudbury, Sault Ste. Marie, North Bay and Ottawa have all recently passed • motions to stop the spread of contraband tobacco in our communities. The OCSA requests that you bring forward this motion at your next City Council meeting, and encourage its adoption by Pickering City Council. I hope that Pickering's convenience store retailers can count on your support to address this vital community safety issue. Best Regards, Apar Dave Bryans President and CEO Ontario Convenience Stores Association (OCSA) • • • 38 PROPOSED MOTION FOR ADOPTION BY PICKERING CITY COUNCIL WHEREAS Contraband tobacco has negative public consequences and impacts such as unrestricted youth access to tobacco products, and an increase in criminal activity; AND WHEREAS contraband tobacco products are easily accessible in our community; AND WHEREAS small businesses are sometimes forced to close because of the sale of contraband tobacco; AND WHEREAS small business in our community and government in general stand to benefit from the institution of tougher restrictions on contraband tobacco; THEREFORE be it resolved that this Council request the Mayor of Pickering write a letter to the Ontario Minister of Finance in support of the Ontario Government's most recent Budget commitments to eradicate contraband tobacco through the implementation of additional regulatory, enforcement and other provisions in Bill 186 and amendmentsto the Tobacco Tax Act. Particularly, in support of measures such as: • increased fines for those convicted of offenses related to contraband tobacco; • more authority for law enforcement officials with respect to: forfeiture of items seized, and impounding of vehicles. • drawing on the best practices of other jurisdictions and working collaboratively with the federal government and other jurisdictions to enhance contraband tobacco control through joint enforcement efforts. AND that the provincial government be encouraged to continue to strengthen their strategies to address the manufacture and supply of contraband tobacco and maintain their commitment to introduce amendments this fall to implement these measures. AND that surrounding municipalities be made aware of the actions taken by this Council to address the concerns presented by contraband tobacco. 39 TOBACCO ENFORCEMENT (FROM THE 2012 ONTARIO BUDGET) Tobacco use continues to be the leading cause of preventable disease and premature death in Ontario. The government's Smoke-Free Ontario Strategy has made the province a leader in tobacco control. Ontario remains committed to reducing smoking among youth and other vulnerable persons, and to achieving the lowest smoking rate in Canada. As part of this commitment, the government intends to take the necessary steps to increase fines on those convicted of selling tobacco to youth and to impose stronger sanctions for repeat offenders of Ontario's tobacco-related laws. These sanctions would include prohibiting a retailer from selling tobacco products or lottery tickets and would be implemented by the fall. The availability of cheap, illegal tobacco makes it easier for non-smokers, especially youth, to start smoking, and removes an incentive for smokers to quit, undermining the government's policies to reduce smoking. The government will work with key partners to further educate the public about health and social problems associated with tobacco and will undertake research to help measure the impact of its tobacco strategies on smoking levels in the province. Ontario has also committed to doubling enforcement efforts to address the supply of cheap, illegal tobacco. As part of this commitment, the government will focus on the implementation • of additional regulatory, enforcement and other provisions in Bill 186, which was enacted in 2011. With the goal of enhancing oversight over the distribution of raw leaf tobacco in the province, Bill 186 provides for the regulation of raw leaf tobacco under the Tobacco Tax Act, effective October 1, 2012. In this context, raw leaf tobacco includes flue-cured tobacco as well as black and burley tobacco, and it also includes fully or partially processed tobacco. Tobacco growers, dealers, processors, importers, exporters and certain transporters will be required to register and report with the Ministry of Finance in order that this key component in the manufacture of tobacco products can be tracked throughout the supply chain. As the regulations are drafted, the Ministry of Finance will consult with key stakeholders including First Nations leadership. Ontario also proposes to introduce amendments to the Tobacco Tax Act in the fall to provide additional enforcement and compliance tools. As part of this process, the government is actively exploring a number of measures, including: • increased fines for those convicted of offences related to illegal tobacco; • enabling law enforcement officers to ticket those found with smaller amounts of untaxed, illegal tobacco; • impounding vehicles used to transport illegal tobacco; . • providing for the use of court-authorized tracking devices; • forfeiture of items seized as evidence of a contravention of the Tobacco Tax Act • 40 • authorizing a vehicle to be stopped, detained and searched if there are reasonable and probable grounds to believe that it contains raw leaf tobacco and, if there has been a contravention, to seize that tobacco; • strengthening the registration system for retail dealers; • replacing Ontario's yellow tear tape with the federal stamp; • adopting best practices that have proven to be effective in other provinces; and • strengthening other provisions to improve the effectiveness of the statute in meeting the government's commitments. Consultation and discussions with stakeholders and key partners, including First Nations communities and organizations, will take place as part of this process. Ontario will continue its ongoing dialogue with First Nations communities and organizations, band councils, and on-reserve tobacco manufacturers with the goal of expanding its understanding of tobacco issues on reserves. The government will also work with First Nations to explore ways to modernize the system for allocating untaxed tobacco products as well as options related to First Nations self-regulation of tobacco on reserve. The availability of cheap, illegal tobacco is a significantly complex issue and requires the active involvement of governments of neighbouring provinces; the federal government; First Nations leadership; and numerous policing and enforcement agencies including the Ontario Provincial Police, Royal Canadian Mounted Police, First Nations policing services, municipal public health units and municipal police services. The ministry will continue to actively build relationships with other ministries, governments, First Nations leadership, and various enforcement agencies to work together on common goals and share best practices. Ontario is working collaboratively with the federal government and other provinces to enhance tobacco enforcement. To effectively address illegal tobacco, joint tobacco enforcement and administration agreements are needed between Ontario, other provinces and jurisdictions, and various federal agencies. Ontario is particularly concerned about the impact of the proposed relocation of the Canada—U.S. border crossing currently located in Cornwall. Over the next.three years, the implementation of Bill 186 measures as well as the proposed measures to address illegal tobacco would raise revenues of $375 million. By 2014-15, additional annual revenue would be $175 million, with additional annual enforcement costs of $34million. Source: 2012 Ontario Budget: Chapter IV: Tax and Pension Systems, March 2012 41. • Call 00 =_ November 19, 2012 PICKERING Committee Reports a) Report EC 09-2012 of the Executive Committee Executive Pages 1. Director, Corporate Services & City Solicitor, Report CST 30-12 1-50 2012 Year End Audit Recommendation 1. That Report CST 30-12 of the Director, Corporate Services & City Solicitor be received; 2. That the Audit Plan as submitted by Deloitte & Touche LLP, included as Attachment 1 to this report be received for information; and, 3. That the Chief Administrative Officer and the (Acting) Division Head, Finance & Treasurer be authorized to sign the Auditor's Engagement Letter on behalf of the City. 2. Director, Community Services, Report CS 50-12 84-228 Proposed Indoor Soccer Facility - _ Pre 2013 Capital Budget Approval Recommendation 1. That Report CS 50-12 from the Director, Community Services be received; 2. That Council support the Pickering Soccer Club Indoor Facility Business Plan to develop and operate an Indoor Soccer Facility at 1955 Clements Road; 3. That Council provide a pre 2013 Capital Budget approval for the Architectural & Engineering Services and Construction of the Pickering Indoor Soccer Facility at an estimated total project cost of$4,876,089.89; 4. That the (Acting) Division Head, Finance & Treasurer be authorized to finance the total estimated project cost as follows: a) the sum of$4,875,000.00 to be financed by the issue of debentures by the Regional Municipality of Durham over a period not to exceed 15 years, at a rate to be determined; b) the sum of$1,089.89 to be funded from property taxes; c) the annual repayment charges in the amount of approximately $423,275.00 be included in the annual Current Budget for the City of Pickering, continuing thereafter until the loan is repaid, and any financing cost to be paid out of the Current Budget; 5. That Council approve the debt financing charges for the indoor soccer dome be fully repaid by the Pickering Soccer Club through regular monthly payments during the fifteen year period commencing on September 30, 2013; 6. That Council approve the engagement of Rounthwaite Dick and Hadley Architects Inc. for the Architectural & Engineering Services for the Pickering Indoor Soccer Facility in accordance with the City's Purchasing Policy Item 10:05; 7. That the proposed total gross cost of Rounthwaite Dick and Hadley Architects Inc. in the amount of $369,233.15 (HST included), and a net cost of$332,505.89 (net of HST rebate) be approved; 8. That the draft by-law attached to this report be enacted; and 9. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. 3. Director, Community Services, Report CS 39-12 51-69 Frenchman's Bay Waterfront Master Plan Recommendation 1. That Report CS 39-12 of the Director, Community Services regarding Frenchman's Bay Waterfront Master Plan be received; 2. That the Frenchman's Bay Waterfront Master Plan be endorsed by Council, subject to the following amendments; a) inclusion of a phase II plan for additional automobile parking area(s) to be constructed if a need arises for same in the future; and b) deletion of the tot lot area. 3. That City staff be directed to work with the Toronto and Region Conservation Authority to look for external funding sources to assist with the construction costs; 4. That City staff be directed to coordinate with the Toronto and Region Conservation Authority, other service clubs identified as park users and relevant community associations including the West Shore Ratepayers Association and the East Shore Ratepayers Association, and to prepare detailed designs in preparation for construction; and 5. That a copy of this report be forwarded to the Toronto and Region Conservation Authority for their information, and that they be advised of Council's decision on this matter. 4. Director, Community Services, Report CS 49-12 70-83 Consultant Selection for the Downtown Stormwater Management and Diversion Study Recommendation 1. That Report CS 49-12 of the Director, Community Services regarding the Consultant Selection for the Downtown Stormwater Management and Diversion Study be received; 2. That the proposal No. RFP-8-2012 submitted by The Municipal Infrastructure Group Ltd., to undertake the Downtown Stormwater Management and Diversion Study in the amount of$324,804 including HST be accepted; 3. That the net project cost of$371,348 (including net HST) be approved; 4. That the (Acting) Division Head, Finance & Treasurer be authorized to finance the project as provided for in the approved 2012 Current Budget for the Engineering Services —Admin., Professional & Consulting, Downtown Stormwater (Account 2290.2392.0000); and 5. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. 5. Director, Corporate Services & City Solicitor, Report CAO 20-12 229-230 2012 Toys for Tickets/Food for Fines Promotion Recommendation 1. That parking tickets issued between December 1 — 14, 2012 be eligible for the Toys for T-ickets/Food for Fines promotion, and 2. That the Toys for Tickets / Food for Fines Promotion be implemented for December 13 and 14, 2012. 6. Director, Corporate Services & City Solicitor, Report CAO 21-12 231-235 Proposed changes to fee structure in Responsible Pet Ownership By-law Recommendation 1. That Report CAO 21-12 respecting changes to the fee structure for Schedule "A" of the Responsible Pet Ownership By-law 6811/07 be received; 2. That the attached proposed schedule "A" of the Responsible Pet Ownership By-law 6811/07 be enacted. 7. Chief Administrative Officer Report CAO 22-12 236-259 Respect in the Workplace Policy Recommendation That Council approve modifications to the Respect in the Workplace Policy (HUR 070) in order to comply with amendments to the Ontario Human Rights Code. 8. Director, Corporate Services & City Solicitor, Report CST 31-12 260-262 Section 357/358 of the Municipal Act—Adjustment to Taxes Recommendation 1. That Report CST 31-12 of the Director, Corporate Services & City Solicitor 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. City o1 j 10111112E November 19 2012 • NEW AND UNFINISHED BUSINESS PAGES 1. Director, Planning & Development, Report PD 16-12 47-50 Appointment of Inspector under the Building Code Act Recommendation That the City's Building By-law 7137/11 which appoints the Chief Building Official, Deputy Chief Building Official and Inspectors be amended as set out in Attachment#1 to Report PD 16-12. 2. Director, Community Services, Report CS 51-12 51-86 Final Proposed Amendments to the Integrated Accessibility Standards, Ontario Regulation 191/11 within the Accessibility for Ontarians With Disabilities Act, 2005 -City of Pickering Response Recommendation 1. That Report CS 51-12 regarding Final Proposed Amendments to the Integrated Accessibility Standards, Ontario Regulation 191/11 — City of Pickering Response be received; 2. That the City of Pickering be authorized to forward Report CS 51-12 to the Ministry of Community and Social Services as the City of Pickering's response; 3. That the Accessibility Directorate be requested to clarify language regarding Definitions and Exceptions; 4 That the Accessibility Directorate be requested to review and clarify municipal requirements for exterior paths of travel, reporting and consultation; and 5. That the Province of Ontario be urged to provide funding to assist municipalities with the Implementation Standards under the Accessibility for Ontarians with Disabilities Act, 2005. Cali f s = u1y PI �� November 19, 2012 NEW AND UNFINISHED BUSINESS PAGES 1. Director, Planning & Development, Report PD 16-12 47-50 Appointment of Inspector under the Building Code Act Recommendation That the City's Building By-law 7137/11 which appoints the Chief Building Official, Deputy Chief Building Official and Inspectors be amended as set out in Attachment#1 to Report PD 16-12. 2. Director, Community Services, Report CS 51-12 51-86 Final Proposed Amendments to the Integrated Accessibility Standards, Ontario Regulation 191/11 within the Accessibility • for Ontarians With Disabilities Act, 2005 -City of Pickering Response Recommendation 1. That Report CS 51-12 regarding Final Proposed Amendments to the Integrated Accessibility Standards, Ontario Regulation 191/11 —City of Pickering Response be received; 2. That the City of Pickering be authorized to forward Report CS 51-12 to the Ministry of Community and Social Services as the City of Pickering's response; 3. That the Accessibility Directorate be requested to clarify language regarding Definitions and Exceptions; 4 That the Accessibility Directorate be requested to review and clarify municipal requirements for exterior paths of travel, reporting and consultation; and 5. That the Province of Ontario be urged to provide funding to assist municipalities with the Implementation Standards under the Accessibility for Ontarians with Disabilities Act, 2005. II/ 46 city co. Report to ' ' Council PICKERING Report Number: PD 16-12 Date: November 19, 2012 From: Neil Carroll - Director, Planning& Development Subject: Appointment of Inspector under the Building Code Act Recommendation: That the City's Building By-law 7137/11 which appoints the Chief Building Official, Deputy Chief Building Official and Inspectors be amended as set out in Attachment#1 to Report PD 16-12. Executive Summary: This report recommends that the appointments schedule of the City's Building By-law 7137/11 be amended to reflect the appointment of an Inspector. Financial Implications: Not applicable. Discussion: Council currently has in place By-law 7137/11, 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 hiring of Curtis Greenham (effective October 29, 2012) requires that his name be added to the Schedule as an Inspector. Attachments: 1. Recommended amending by-law, appointing the Inspector . • 47 Report PD 16-12 November 19, 2012 Subject: Appointment of Inspector under the Building Code Act Page 2 • Prepared By Approved/Endorsed By: ..' �� F Kyle Bentley Neil C. o Chief Building Official Director, Planning & Development KB Id Recommended for the consideration of Pickering City Council / / /cr . 7, 20fZ Tony Prevedel, P.Eng. Chief Administrative Officer • CORP0227-07/01 revised 48 The Corporation of the City of Pickering £X112 Being a by-law to amend Schedule "A"of By-law 7137/11 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 7137/11, 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 a staff change, the By-law to appoint these individuals must be amended to reflect the appointment of a new inspector. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule "A" of By-law 7137/11, as amended, is hereby deleted and replaced with Schedule "A" attached hereto. By-law read a first, second and third time and finally passed this 1 9th day of November, 2012. ppFT David Ryan, Mayor • srt:. Debbie Shields, City Clerk 49 Schedule "A" Appointments Item 1 Column 1= Column 2 1. chief building official Kyle Bentley 2. deputy chief building official/inspector Brenda Yarush 3. inspector Toby Hill 4. inspector Ian McKinlay 5. inspector Albert Alvero 6. inspector Taylor Young 7. inspector Paul Nishikawa 8. inspector Andras Szonyi 9. Inspector Curtis Greenham 10. inspector Matthew Seward 11. inspector Brian Holmes 12. inspector Robert Watson • • 50 city oo Report to -� - = Council PICKERING Report Number: CS 51-12 Date: November 19, 2012 From: Everett Buntsma Director, Community Services Subject: Final Proposed Amendments to the Integrated Accessibility Standards, Ontario Regulation 191/11 within the Accessibility for Ontarians With Disabilities Act, 2005 - City of Pickering Response - File: A-1440 Recommendation: 1. That Report CS 51-12 regarding Final Proposed Amendments to the Integrated Accessibility Standards, Ontario Regulation 191/11 — City of Pickering Response be received; 2. That the City of Pickering be authorized to forward Report CS 51-12 to the Ministry of Community and Social Services as the City of Pickering's response; 3. That the Accessibility Directorate be requested to clarify language regarding Definitions and Exceptions; 4 That the Accessibility Directorate be requested to review and clarify municipal requirements for exterior paths of travel, reporting and consultation; and 5. That the Province of Ontario be urged to provide funding to assist municipalities with the Implementation Standards under the Accessibility for Ontarians with Disabilities Act, 2005. Executive Summary: On August 15, 2012, the Ministry of Community and Social Services released the final proposed amendments to the Integrated Accessibility Regulations (IAR) Ontario Regulation 191/11 for public review and response. The purpose of the Accessibility Standards for the Built Environment is to remove barriers to public spaces. The standards will apply to new construction and redevelopment that is three years from the date the regulation is enacted (which is expected to be December 2013). The proposed draft Built Environment Accessibility Standard is specific to the Design of 10 Public Spaces and includes the following: . • Recreational trails • Beach access trails - 51 ' Report CS 51-12 November 19, 2012 • Subject: City of Pickering Staff Response: Final Proposed Amendments to the Integrated Accessibility Standards Page 2 • • ' Outdoor public use eating areas • Outdoor play spaces • Exterior paths of travel • Accessible pedestrian signals • Accessible parking • Obtaining services • Maintenance • Exceptions • Consultation process • Accessibility reporting Since its public release, the Final Proposed Amendments to the Integrated Accessibility Standards was reviewed by the Accessibility Advisory Committee, the Accessibility Plan Core Staff Team and other relevant staff from various City Departments. The City of Pickering has prepared a response within this report. In summary, the City'of Pickering response requests the clarification of definitions and exceptions; a review and clarification of municipal requirements for exterior paths of travel, reporting and consultation; and the need for provincial funding to support municipal efforts for compliance. • These staff recommendations are still under review by the Accessibility Advisory Committee but, since time is of the essence, these preliminary recommendations from technical staff should be forwarded to the Ministry now. Please note that the official 45 day review period ended on October 1, 2012 and was determined to be insufficient for City of Pickering and the Accessibility Advisory Committee to prepare an informed response by the proposed deadline. Financial .Implications: The Final Proposed Amendments to the Integrated Accessibility Standards apply to public spaces that are not regulated under the Ontario Building Code. These regulations will have an impact on the City's capital projects and will need to be integrated into the five year capital budgets that have already been established. As design and construction standards are raised, there will be an accompanying increase in the capital cost of development and re-development projects. An increase in repair and maintenance activities will also be required for the finished infrastructure. This will result in increased operating costs for the municipality. An example of this will be the increased capital cost involved in meeting grade requirements for trails, as well as the design, production and installation of the required descriptive signage. Once complete, staff monitoring levels of the trail and of trail • signage will be necessary to maintain its accessibility features. This again will result in increased staff and material costs. CORP0227-07/01 revised 52 Report CS 51-12 November 19, 2012 Subject: City of Pickering Staff Response: Final Proposed Amendments to the Integrated Accessibility Standards • Page 3 • • In summary, the financial implications to achieve compliance with the Accessibility Standards for the Built Environment are unknown and the Ministry has not developed a resource toolkit to assist municipalities to measure the financial impact. • Discussion: In 2001, the Province of Ontario enacted legislation called the Ontarians with Disabilities Act, 2001 (ODA). The purpose of the Act was to further the participation of persons with disabilities.within the Province. From that time, the City of Pickering began a process for the identification, removal and prevention of barriers for persons with disabilities and made such plans available to the public within its Annual Accessibility Plan. The Accessibility for Ontarians with Disabilities Act, (AODA, 2005) was proclaimed in 2005. This Act outlined specific accessibility standards to ensure full participation for persons with disabilities. Under the AODA, 2005, there were five accessibility standards - outlined: • Customer Service • Information and Communication • Employment • Transportation • The Built Environment Implementation of these accessibility standards aims to provide full accessibility in daily living for persons with disabilities by the year 2025. The first standard to become law was the Customer Service Standard. The City of Pickering met full compliance with its requirements by January 1, 2010. This included adopting a policy for Accessibility Standards for Customer Service in December 2008 and subsequent training of all City employees and volunteers, as well as implementation of procedures to ensure accessible customer service throughout City departments, services and programs. The Standards for information and communications, employment, and transportation were legislated in 2011 as the Integrated Accessibility Standards, Ontario Regulation 191/11. The City of Pickering created a Five Year Accessibility Plan (2012-2016) in early 2012 that positions the municipality to meet the municipalities' responsibility to produce an accessibility plan as identified under the ODA and to meet compliance with the accessibility standards as identified under the AODA. On August 15, 2012, the Ministry of Community and Social Services released a draft of the design of public spaces for the Built Environment Standards which is the final accessibility standard under the Accessibility for Ontarians with Disabilities Act, 2005. The legislation applies to future design of new or redeveloped spaces and will be in effect as of January 1, 2016. CORP0227-07/01 revised 53 Report CS 51-12 November 19, 2012 Subject: City of Pickering Staff Response: Final Proposed Amendments to the Integrated Accessibility Standards Page 4 • Design of Public Spaces Standards: The design of Public Spaces Standards (Accessibility Standards for the Built Environment) includes the following elements to be considered: • • Recreational trails • Beach access trails • Outdoor public use eating areas • Outdoor play spaces • Exterior paths of travel • Accessible pedestrian signals • Accessible parking • . Obtaining services • Maintenance • Exceptions • The consultation process • Accessibility reports Please note that this draft will be followed by updates to the Ontario Building Code (OBC) which will govern accessibility of the interior of developments. • Since its public release, the Final Proposed Amendments to the Integrated Accessibility Standards was reviewed by the Accessibility Advisory Committee, the Accessibility Plan Core Staff Team and other relevant City staff from various departments. The City of Pickering has prepared the following response. City of Pickering Response: Ontario Building Code: With the introduction of the proposed amended regulation, there is confusion by the number of statutes and regulations relating to persons with disabilities and accessibility issues. This is particularly evident with regards to the Ontario Building Code (OBC). Two major pieces of legislation now deal directly with accessibility and the built environment. One consolidated resource for all accessibility criteria may be clearer. • The Obtaining Services section makes reference to requirements for both outdoors and within buildings. However, the OBC already addresses barrier-free design requirements for buildings. It would seem to make more sense to exclude building related provisions completely from the draft standard or consolidate all requirements as indicated above. Within the present Ontario Building Code, the Chief Building Officer (CBO) of the municipality is empowered to establish operational policies to enforce the OBC and the respective Act. Specifically, the CBO determines whether or not construction associated • with a building permit complies with the Code. It is not clear in the draft document who CORP0227-07/01 revised 54 Report CS 51-12 November 19, 2012 Subject: City of Pickering Staff Response: Final Proposed Amendments to the Integrated Accessibility Standards Page 5 the ultimate authority would be to interpret when exemptions may apply or when compliance of the standards has been achieved. This needs to be clarified. Definitions: To provide a clear understanding by the municipality of its obligations when undertaking capital projects, clarification will be required between "maintenance" and "re-. development" activities. The distinction as described in the definition is unclear. In addition, there is also no clear indication as to who makes this interpretation. Case studies would be helpful as examples to determine where regular maintenance activities end and re-development begins. This distinction is important when planning the budgets for these capital projects as redevelopment projects must meet the requirements of the new standards whereas there is an exemption for maintenance projects. The full cost of these improvements may go beyond simply implementing the new standards and this may be due to existing conditions that pose a substantial challenge to providing barrier free accessibility. Therefore, it is important to understand what constitutes redevelopment through examples\case studies to avoid improper design in our construction projects. Technical Requirements for Recreational Trails Guidelines require signage at the "start' of the trail. Many of the trails within the municipality are not planned with a single starting point, but multiple access points. In . some instances, an accessible ramp may be in close proximity to a stairway, both of which lead to the same point. It is suggested that a term such as "accessible access point" be used rather than "start". Exceptions to the Requirements for Recreational Trails & Beach Access Routes and to the Requirements for the Exterior Paths of Travel Exceptions in the proposed regulation include properties in which the heritage attributes, as defined under the Ontario Heritage Act, would be eroded. The examples listed do not seem to consider municipally owned heritage museums that receive funding from the Ministry of Tourism, Culture & Sport through the Community Museums Operating Grant program. The City of Pickering owns and operates the Pickering Museum Village which is a living history museum funded, in part, by the Ministry through this grant program. And the exception to community museums should be afforded in this section. This needs to be clarified. Exterior Paths of Travel General: Clarification is required within the proposed requirements of"exterior paths of travel" that includes the proposed requirement to install tactile walking surface indicators at every pedestrian crossing. There is no product recommendation or specified treatment indicated. This needs to be clarified. In addition, the proposed Rest Area requirements on exterior paths of travel require clarification. Recreational.Trails are given as an example within the regulation, but it is not clear as to whether they should appear within CORP0227-07/01 revised 55 Report CS 51-12 .' November 19, 2012 Subject: City of Pickering Staff Response: Final Proposed Amendments to the Integrated Accessibility Standards Page 6 • City Right-of-Way, and if so, is street furniture elements are required. This needs to be clarified. Also, the Province currently issues Ontario Provincial Standards Drawings (OPSD) for most engineering infrastructure installation scenarios. It is recommended that these IAS standards be supported with illustrated drawings. Exterior Paths of Travel (80.22) Specific changes and points of clarification are recommended in the language and application of this section and they include: • Item 3 — should read "minimum" clear width of 1500mm • Item 3 — recommend not reduce the exterior path connecting to curb ramp to 1200mm, but to keep the connection at a "minimum" clear width of 1500mm • Item 4 — recommend an illustration as to how the height barrier be designed • Item 5 — indicates a maximum running slope of 5%, but also allows maximum running slopes to match adjacent roadway slope. This can be upwards of 5-8%. Is that acceptable for residents with disabilities? This needs to be clarified. • Item 6 — indicates a maximum cross slope of 2%. This is unrealistic, especially in reconstruction or maintenance.applications. This needs to be clarified. • Item 7 - recommend an illustration as to how the changes in level • • Item 8 — recommend a wider opening from 850mm to 1200mm. Opening should be wide enough to allow various mobility aids. Exterior Paths of Travel, Depressed Curbs (80.26) Specific changes and points of clarification are recommended in the language and application of this section and they include: • Item 2 should read " as a minimum" aligned with the direction of travel • Item 3 — installing "tactile walking surface" at pedestrian intersections will be problematic. Currently blind lines are embedded in the concrete. There is a concern that having the surface too tactile will interfere with small wheel mobility aids and strollers. This recommendation will need both illustration and clarification. • There also needs to be more details added under the depressed curb category. Where there is a bi-directional crossing (ie intersections), an additional "landing area" needs to be added, to facilitate mobility aids coming from one direction and turning perpendicular to another. Accessible Parking The provisions dictating the number of accessible parking spaces will most likely require an amendment to the City's Traffic & Parking By-law section that specifies the number of accessible spaces required to comply with the legislated changes. CORP0227-07/01 revised 56 Report CS 51-12 November 19, 2012 Subject: City of Pickering Staff Response: Final Proposed Amendments to the Integrated Accessibility Standards Page 7 Accessibility Reports Clarification is needed on the reporting requirements. This proposed regulation requires a report to be filed with a director every two years as of December 31, 2013. Will this requirement repeal the annual reporting requirements under the ODA, 2001? Multiple reporting requirements (ODA vs. AODA vs. ISA) will be confusing and unreasonable. With the introduction of the AODA and the IAS, it is appropriate to repeal the ODA. Without it, municipalities must continue to implement both the ODA and AODA✓IAS simultaneously which overlap staff and financial resources. The Consultation Process The Ministry of Community and Social Services should provide clarify to the consultation requirements listed in each section of the draft regulation. The City is constantly pressured to expedite review of building permit and site plan applications. It may be too onerous and redundant to obligate municipalities to consult with the municipal accessibility advisory committee, the public, and persons with disabilities. It is understood that the advisory committee represents the public and persons with . disabilities. This group alone should be sufficient. The wording in the standard should say "Municipalities must consult with their municipal accessibility advisory committees, where one has been established in accordance with subsection 29(1) or (2) of the Act. Where an advisory committee has not been _ established, the municipality must consult with the public and persons with disabilities." The City of Pickering has established a practice of consulting with its Accessibility Advisory Committee (AAC) on major City projects. The proposed new standard will require that the City consult with the AAC on every new development or redevelopment project, no matter what its scale. This would be excessive and not a good use of staff or Committee resources. Greater clarity should be provided respecting the nature or scale/nature of development that requires consultation with the AAC. If consultation with the broader public and persons with disabilities is required, it is not clear how that consultation is to be undertaken. There is no clear direction on an acceptable form of consultation (i.e. newspaper ads, website postings, etc), extent of public consultation (i.e. notification radius) or a specific requirement regarding mandatory timeframes for the consultation process (i.e. response times and length of consultation process). We recommend that where a municipality has an established municipal accessibility committee, that this group be the only group required to be consulted in matters of accessibility in the design of public spaces particularly where a municipal project is not subject of an environmental assessment I/ CORP0227-07/01 revised 57 Report,CS 51-12 November 19, 2012 Subject: City of Pickering Staff Response: Final Proposed Amendments to the Integrated Accessibility Standards Page 8 General Comments: Municipalities will benefit from the financial assistance from the Ministry in order to implement these regulations. The Province should be an active funding partner in order to support municipalities in achieving compliance within a comprehensive accessibility legislation which will require human resources and financial investment. Attachments: 1. The Final Proposed Amendments to the Integrated Accessibility Standards Prepared By: Approved/Endorsed By: Marisa Carpin a Everett Bunstma Manager, C Je & Recreation Director, Community Services MC:Ig \• Recommended for the consideration of Pickering City •uncil • // • fi 4, Tony Prevedel, P.Eng. • Chief Administrative Officer • • CORP0227-07/01 revised 58 ATTACHMENT# TO REPORT# CS 5 — I '2- Disclaimer: This draft regulation is provided solely to facilitate public consultation under subsection 39 (4) of the Accessibility for Ontarians with Disabilities Act, 2005. Should the decision be made to proceed with the proposal, the comments received during consultation will be considered during the final preparation of the regulation. The content, structure, form and wording of both language versions of the draft regulation are subject to change as a result of,the consultation process and as a result of review, editing and correction by the Office of Legislative Counsel. Ontario Regulation made under the Accessibility for Ontarians with Disabilities Act, 2005 Amending O. Reg. 191/11 (Integrated Accessibility Standards) Note: Ontario Regulation 191/11 has not previously been amended. 1. Subsection 1 (1) of Ontario Regulation 191/11 is revoked and the following substituted: Purpose and application (1) This Regulation establishes the accessibility standards for each of information and communications, employment, transportation and the design of public spaces. 2. Section 2 of the Regulation is amended by adding the following definition: "mobility aid" means a device used to facilitate the transport, in a seated posture, of a person with a disability; ("aide a la mobility") 3. (1)Clause 4 (3) (a) of the Regulation is amended by adding "including steps taken to comply with this Regulation" at the end. (2) Section 4 of the Regulation is amended by adding the following subsections: (3.1) Two or more designated public sector organizations who are required to comply with the requirements with respect to accessibility plans set out in subsection (1) may prepare a joint accessibility plan. 1 59 (3.2) A joint accessibility plan prepared in accordance with subsection (3.1) is deemed to be the accessibility plan of each-designated public sector organization to which it applies and subsections (2) and (3) apply, with necessary modifications, where designated public sector organizations prepare a joint accessibility plan. 4. Subsection 18 (1) of the Regulation is revoked and the following is substituted: Libraries of educational and training institutions (1) Subject to subsection (2) and where available, the libraries of educational or training institutions that are obligated organizations shall provide, procure or acquire by other means an accessible or conversion ready format of print, digital or multimedia resources or materials for a person with a disability who is a student of the educational or training institute, upon request. 5. (1)Subsection 26.(1) of the Regulation is amended by striking out "consult with'the employee to" in the portion before clause (a). (2) Subsection 26 (2) of the Regulation is amended by adding "In meeting. its obligations under subsection (1)," at the beginning. 6. The definition of"mobility aid" in section 33 of the Regulation is revoked. • 7. Subsections 49 (1), (2), (3) and (4) of the Regulation are amended by striking out "courtesy seating" wherever it appears and substituting in each case "priority seating". 8. Section 52 of the Regulation is amended by adding the following subsections: (3.1) Where a conventional transportation system provider provides electronic on-board announcements under clause (2) (a), the conventional transportation provider is not required to provide the same information verbally under subsection (1). (4.1) Despite subsection (4), subsection (1) does not apply to subways,. light rail, commuter rail and inter-city rail. 9. Clause 53 (1) (c) of the Regulation is amended by striking out "courtesy seating" and substituting "priority seating". 2 • 60 10.Subsection 56 (1) of the Regulation is amended by striking out "courtesy seating" and'substituting "priority seating". 11.Section 78 of the Regulation is amended by adding the following subsection: (3.1) Despite subsection (3), a municipality shall limit the participation of the person in the consultation and planning to the extent that is necessary to prevent the person from obtaining an unfair advantage in future bidding for new contracts with the municipality. 12.The Regulation is amended by adding the following Part: Part IV.1 Design of Public Spaces Standards (Accessibility Standards for the Built Environment) 'Definitions, Application and Schedule Definitions 80.1 In this Part, "amenities" mean items that are conveniences or services that are usable by the public, examples of which include drinking fountains, benches and garbage receptacles; ("commodites") "beach access routes" means routes that are intended for public pedestrian use and that provide access to a beach recreational level from off-street parking facilities, recreational trails, exterior paths of travel and amenities; ("voie accessible") "bevel" means a small slope that helps an individual in a mobility aid negotiate an elevation change; ("biseau") "cross slope" means the slope that is perpendicular to the direction of travel;.("pente transversals") "in-line ramp" means a ramp that does not change directions; ("rampe en ligne droite") "maintenance" means activities meant to keep existing public spaces and elements in existing public spaces in good working order or to restore the spaces or elements to their original condition, for example by painting or through minor repairs; ("entretien") "mm" means millimetres; ("millimetre") 3 61. • "on-street parking" includes parking spaces located on highways, as defined under the Highway Traffic Act, that provide direct access to shops, offices and other facilities whether or not the payment of a fee is charged; ("stationnement sur rue") "off-street parking facilities" includes open area parking lots and structures,, such as garages, intended for the temporary parking of vehicles to which the public has access whether or not the payment of a fee is charged and includes visitor parking spaces in parking facilities; ("installations de stationnement hors rue") "recreational trails" means public pedestrian trails that are predominately used for recreational and leisure purposes; ("sentier recreatif) "redeveloped" means planned significant or substantial changes to public spaces but does not include maintenance activities; ("reamenage") "rest area" means, in respect of a recreational trail, a dedicated level area that allows a person to stop or sit, but does not require seating; ("aire de repos") "running slope" means the slope that is parallel to the direction of travel; ("pente") "vibro-tactile walk indicators" means pedestrian crossing signal push button devices . that vibrate and can be felt through the sense of touch to communicate pedestrian crossing timing in a non-visual way. ("signal de marche vibrotactile") • Application 80.2(1) Except as otherwise specified, this Part applies to public spaces that are new or redeveloped on and after the dates set out in the schedule in section 80.4 and that are covered by this Part. (2) Except as otherwise specified, this Part, (a) applies to the Government of Ontario, the Legislative Assembly, designated public sector organizations and large organizations; and (b) does not apply to small organizations. Slope ratios 80.3 In this Part, the ratios with respect to the slope of something mean that for every one unit of elevation, expressed as the first number in the ratio, the user has the second number in the ratio in length with which to negotiate the one unit of elevation. 4 • 62 • Schedule 80.4 Obligated organizations, including small organizations to the extent that specified standards apply to them, shall meet the requirements set out in this Part in accordance with the following schedule: 1.. For the Government of Ontario and the Legislative Assembly, January 1, 2015. 2. For designated public sector organizations, January 1, 201.6. 3. For large organizations, January 1, 2017. 4. For small organizations, January 1, 2018. Recreational Trails and Beach Access Routes, General Trails 80.5 This Part applies to recreational trails, but does not apply lo the following types of recreational trails: 1. Trails intended for cross-country skiing, mountain biking, snowmobiling and the use of off-road vehicles. 2. Trails that are not regularly maintained, such as wilderness trails including backcountry trails and portage routes. Beach access routes 80.6 This Part applies to beach access routes, including permanent and temporary routes and temporary routes that are established through the use of manufactured goods, which can be removed for the winter months. Consultation, recreational trails 80.7(1) Obligated organizations, other than small organizations, shall consult on the following before they develop new or redevelop existing recreational trails: 1. The slope of the trail. 2. The need for and location and design of, . i. rest areas, • ii. passing areas, • 1l) 5 63 • iii. viewing areas, and • iv. amenities on the trail. (2) Obligated organizations, other than small organizations, shall consult on the matters referred to in subsection (1) in the following manner: 1. The Government of Ontario, the Legislative Assembly, designated public sector organizations, other than municipalities, and large organizations must consult with the public and persons with disabilities. 2. Municipalities must consult with their municipal accessibility advisory committees, where one has been established in accordance with subsection 29 (1) or (2) of the Act, the public and persons with disabilities. Technical Requirements for Recreational Trails Technical requirements for trails, general - 80.8(1) Obligated organizations, other than small organizations, shall ensure that new and redeveloped recreational trails meet the following technical requirements: 1. A recreational trail must have a minimum clear width of 1,000 mm. • 2. A recreational trail must have a clear height that provides a minimum head room clearance of 2,100 mm above the trail. 3. The surface of the recreational trail must be firm and stable. 4. Where a recreational trail has openings in its surface, i. the openings must not allow passage of an object that has a diameter of more than 13 mm, and ii. any elongated openings must be orientated approximately perpendicular to the direction of travel. 5. Where the trail is constructed adjacent to water, a recreational trail must be provided with edge protection that meets the following requirements: i. The edge protection must constitute an elevated barrier that runs along the edge of the recreational trail and must prevent users of the trail from slipping over the edge. 6 • 64 ii. The top of the edge protection must be at least 50 mm above the trail surface. iii. The edge protection must be designed so as not to impede the drainage of the trail surface. 6. Despite paragraph 5, where there is a handrail of between 865 mm and 965 mm that runs along the edge of the recreational trail that is adjacent to water, edge protection does not.have to be provided. 7. The entrance to the recreational trail must provide a clear opening of between 850.mm and 1,000 mm, whether the entrance is.a gate, bollard or other entrance design. 8. A recreational trail must have at its start signage that provides the following information: i. The length of the trail. ii. The type of surface of which the trail is constructed. iii. The average and the minimum trail width. 10 iv. The average running slope and maximum cross slope. v. The location of amenities, where provided. (2) The signage referred to in paragraph 8 of subsection (1) must have text that, (a) is high colour-contrasted with its background in order to assist with visual recognition; and . (b) has the appearance of solid characters. (3) Where other media is used to provide,information about a recreational trail, such as websites or brochures, the media must provide the same information as listed in paragraph 8 of subsection (1). Technical Requirements for Beach Access Routes Technical requirements for beach access routes, general 80.9 Obligated organizations, other than small organizations, shall ensure that new and redeveloped beach access route designs meet the following technical requirements: ' 7 65 1. The beach access route must have a sufficiently clear width to permit • people using mobility aids, i. to access the land portion of a beach where recreation normally occurs, and ii. to turn around. 2. A beach access route must have a clear height that provides a minimum head room clearance of 2,100 mm above the beach access route. 3. The surface of the beach access route must be firm and stable. 4. Where the surface area of the beach access route is constructed, that is where the surface area is not natural, the surface area must meet the following requirements: i. It must have a 1:2 bevel at changes in level between 6 mm and 13 mm. ii. The maximum cross slope of the beach access route must be no more than 1:50. iii. It must have a running slope of between 1:10 and 1:12 at • changes in level between 14 mm and 200 mm. iv. It must have a ramp that meets the requirements of section 80.12 where there are changes in level greater than 200 mm. v. Any openings in the surface of the beach access route must not allow passage of an object with a diameter of more than 13 mm. vi. Any elongated openings in the beach access route, such as gratings, must be oriented approximately perpendicular to the direction of travel. 5. The maximum cross slope of the beach access route where the surface is not constructed must be the minimum slope required for drainage. 6. The maximum running slope of the beach access route is 1:10. 8 66 7. The entrance to the beach access route must provide a clear opening of between 850 mm and 1,000 mm, whether the entrance is a gate, bollard or other entrance design. Technical Requirements Common to Recreational Trails and Beach Access Routes • Common technical requirements, general 80.10 Obligated organizations, other than small organizations, shall ensure that new and redeveloped recreational trails and beach access routes meet the technical requirements set out in this Part in respect of boardwalks and ramps. Boardwalks 80.11 Where a recreational trail or beach access route is equipped with a boardwalk, the boardwalk must meet the following requirements: 1. The boardwalk must have a minimum clear width of 1,000 mm. 2. The boardwalk must have a minimum headroom clearance of 2,100 mm. 3. The boardwalk must be made of firm and stable surface material. • 4. The boardwalk must not have any openings in the surface that allow the passage of an object with a diameter of more than 13 mm. 5. The boardwalk must include edge protection that is at least 50 mm in height. 6. If a boardwalk has running slopes that are steeper than 1:20, the running slopes must meet the requirements for ramps set out in section 80.12. Ramps 80.12 Where a recreational trail or beach access route is equipped with ramps, the ramps must meet the following requirements: 1: Ramps must have a minimum clear width of 900 mm. 9 67 2. Ramps must have a minimum headroom clearance of 2,100 • mm. 3. Ramps must be made of firm and stable surface material. 4. Ramps must have a maximum running slope of no more than 1:10. 5. Ramps must not have any openings in the surface that allow the - passage of an object with a diameter of more than 13 mm. 6. Ramps must be equipped with handrails on both sides of the ramp and the handrails must, i. be continuously graspable along their entire length • and have circular cross-section with an outside diameter not less than 30 mm and not more than 40 mm, or any non-circular shape with a graspable • portion that has a perimeter not less than 100 mm and not more than 155 mm and whose largest cross- sectional dimension is not more than 57 mm, ii. be not less than 865 mm and not more than 965 mm high, measured vertically from the surface of the • ramp, except that handrails not meeting these requirements are permitted if they are installed in addition to the required handrail, iii. be terminated in a manner that will not obstruct pedestrian travel or create a hazard, iv. extend horizontally not less than 300 mm beyond the top and bottom of the ramp, and v. be provided with a clearance of not less than 50 mm between the handrail and any wall to which it is attached. 7. Where ramps are more than 2,200 mm in width, one or more intermediate handrails which are continuous between landings shall be provided and located so that there is no more than 1,650 mm between handrails; the handrails must meet the requirements set out in paragraph 6. 8. Ramps must have a wall or guard on both sides and where a guard is provided, it must, 10 • 68 • i. be not less than 1,070 mm measured vertically to the top of the guard from the ramp surface, and ii. be designed so that no member, attachment or opening located between 140 mm and 900 mm above the ramp surface being protected by the guard will facilitate climbing. 9. Ramps must have edge protection that is provided, i. with a curb at least 50 mm high on any side of the ramp where no solid enclosure or solid guard is provided, and ii. with railings or other barriers that extend to within 50 mm of the finished ramp surface. 10.Ramps must be provided with landings that meet the following requirements: i. Landings must be provided, A. at the top and bottom of the ramp, B. where there is an abrupt change in the direction of the ramp, and C. at horizontal intervals not greater than nine metres apart. ii. Landings must be a minimum of 1,670 mm by 1,670 mm at the top and bottom of the ramp and where there is an abrupt change in direction of the ramp. iii. Landings must be a minimum of 1,670 mm in length and at least the same width of the ramp for an in-line ramp. iv. Landings must have a cross slope that is not steeper that 1:50. Exceptions to the Requirements for Recreational Trails and Beach Access Routes Exceptions, limitations 80.13 Where an exception is provided to a requirement that applies to a recreational trail or a beach access route, the exception applies solely, (a) to the particular requirement for which the exception is allowed and not to any other requirement that applies to the recreational trail or beach access route; and 11 69 (b) to the portion of the recreational trail or beach access route for which it is • claimed and not to the recreational trail or beach access route in its entirety. Exceptions, general 80.14 Exceptions to the requirements that apply to recreational trails and beach access routes are permitted where obligated organizations, other than small organizations, can demonstrate one or more of the following: 1. The requirements or some of them would erode the heritage attributes, as defined under the Ontario Heritage Act, of a property, i. listed in a municipal register as being of cultural heritage under section 27 of that Act, ii. designated by a municipality as being a property of cultural heritage value or interest under section 29 of that Act, iii. included in a heritage conservation district designated by a municipality under section 41 of that Act, iv. designated by the Minister of Culture under section 34.5 of that Act as a property of cultural heritage value or • interest of provincial significance, or v. designated as having national historic significance by the Minister of the Environment for Canada on the advice of • the Historic Sites and Monuments Board of Canada. 2. The requirements or some of them would affect natural habitats for extirpated, endangered or threatened species as classified under the Endangered Species Act, 2007. . 3. It is not practicable to comply with the requirements or some of them because existing physical or site constraints prohibit modification or addition of elements, spaces or features, such as where surrounding rocks bordering the recreational trail or beach access route impede achieving the required clear width or where the clear height of the recreational trail or beach access route requirements would result in permanently damaging vegetation growth. 12 • 70 Outdoor Public Use Eating Areas Outdoor public use eating areas, application 80.15 The requirements in section 80.23 apply to outdoor public use eating areas that consist of tables that are found in public areas, such as in public parks, on hospital grounds and on university campuses. Outdoor public use eating areas, general requirements • 80.16 Obligated organizations, other than small organizations, shall ensure that new and redeveloped outdoor public use eating areas meet the following requirements: • 1. A minimum of 20 per cent of the tables that are provided must be accessible to people using mobility aids by having knee and toe clearance underneath the table; in no case, shall there be fewer than one table in an outdoor public use eating area that meets this requirement. 2. The ground surface leading to and under tables that are accessible to people using mobility aids must be level, firm and stable. • 3. Tables that are accessible to people using mobility aids must have clear ground space around them that allows for a forward approach to the tables. Outdoor Play Spaces Outdoor play spaces, application 80.17 This Part applies to outdoor play spaces that consist of an area that may contain play equipment, such as swings, or features such as logs, rocks, sand or water where the equipment or features are designed to provide play opportunities and experiences for children and caregivers. Outdoor play spaces, accessibility in design 80.18 Obligated organizations, other than small organizations, shall incorporate accessibility features for children and caregivers with various disabilities into the design of outdoor play spaces when developing new or redeveloping existing play spaces. Outdoor play spaces, consultation requirements 80.19 When developing new or redeveloping existing outdoor play spaces, obligated organizations, other than small organizations, shall consult on the 13 71 needs of children and caregivers with disabilities and shall do so in the following • manner: 1. The Government of Ontario, the Legislative Assembly, designated public sector organizations, other than municipalities, and large organizations must consult with the public and persons with disabilities. 2. Municipalities must consult with their municipal accessibility advisory committees, where one has been established in accordance with subsection 29 (1) or (2) of the Act, the public and persons with disabilities. • Exterior Paths of Travel Exterior paths of travel, application 80.20 (1)This Part applies to exterior paths of travel that are outdoor sidewalks or walkways designed for pedestrian travel that serve a functional purpose and are not intended to provide a recreational experience. (2) This Part does not apply to barrier free paths of travel regulated under Ontario Regulation 350/06 (Building Code) made under the Building Code Act, 1992. 1111 Exterior paths of travel, general obligation - 80.21 Obligated organizations, other than small organizations, shall ensure that new and redeveloped exterior paths of travel meet the requirements set out in this Part. Exterior paths of travel, technical requirements 80.22 When developing new or redeveloping existing exterior paths of travel - obligated organizations, other than small organizations, shall ensure that new and redeveloped exterior paths of travel meet the following requirements: 1. The surface must be firm and stable. - 2. The surface must be slip resistant. 3. The exterior path must have a clear width of 1,500 mm, but this clear width can be reduced to 1,200 mm where the exterior path connects with a curb ramp. 4. Where the head room clearance is less than 2,100 mm over a portion of the exterior path, a rail or other barrier with a leading 14 • 72 edge that is cane detectable must be provided around the object that is obstructing the head room clearance. 5. The maximum running slope of the exterior path must be no more than 1:20, but where the exterior path is a sidewalk, it can have a slope of greater than 1:20 but it cannot be steeper than the slope of the adjacent roadway. 6. The maximum cross slope must be no greater than 1:50. 7. Where there are changes in level, the exterior path must, i. include a maximum bevel of 1:2, where the change is between 6 mm and 13 mm, ii. include a 1:8 to a 1:10 slope, where the change is between 14.mm and 74 mm, iii. include a 1:10 to a 1:12 slope, where the change is between 75 mm and 200 mm, and iv. include a ramp that meets the requirements of section 80.23, where the change is greater than 200 mm. 8. Gates, bollards and other entrance designs must provide a minimum clear opening of 850 mm. • 9. Where an exterior path has openings in its surface, i. the openings must not allow passage of an object that has a diameter of more than 13 mm, and ii. any elongated openings, such as a grating, must be oriented approximately perpendicular to the direction of travel. Exterior paths of travel, ramps 80.23(1) Where exterior paths of travel are equipped with ramps, the ramps must meet the following requirements: 1. Ramps must be made of firm and stable material. 15 73 2. Ramps must have a slip-resistant surface. • 3. Ramps must have a minimum clear width of 900 mm. 4. Ramps must have a maximum running slope of no more than 1:15. 5. Landings must be provided, i. at the top and bottom of a ramp, ii. where there is an abrupt change in direction on the ramp, and iii. at horizontal intervals not greater than nine metres apart. 6. Landings must meet the following requirements: i. Landings must be a minimum of 1,670 mm by 1,670 mm at the top and bottom of the ramp and where there is an abrupt change in direction on the ramp. ii. Landings must be a minimum of 1,670 mm in length • and at least the same width of the ramp for an in-line • ramp. iii. Landings must have a cross slope that is not steeper than 1:50. 7. Handrails must be included on both sides of the ramp and must, i. be continuously graspable along their entire length and have circular cross-section with an outside diameter not less than 30 mm and not more than 40 mm, or any non-circular shape with a graspable portion that has a perimeter not less than 100 mm and not more than 155 mm and whose largest cross- sectional dimension is not more than 57 mm, ii. 'be not less than 865 mm and not more than 965 mm high, measured vertically from the surface of the ramp, except that handrails not meeting these requirements are permitted provided they are installed in addition to the required handrail, iii. be terminated in a manner that will not obstruct pedestrian travel or create a hazard, 16 • 74 iv. extend horizontally not less than 300 mm beyond the top and bottom of the ramp, v. be provided with, a clearance of not less than 50 mm between the handrail and any wall to which it is attached, and vi. be designed and constructed such that handrails and their supports will withstand the loading values obtained from the non-concurrent application of a concentrated load not less than 0.9 kN applied at any point and in any direction for all handrails and a uniform load not less than 0.7 kN/metre applied in any • direction to the handrail. 8. Where ramps are more than 2,200 mm in width, one or more intermediate handrails which are continuous between landings shall be provided and located so that there is no more than 1,650 mm between handrails; the handrails must meet the requirements set out in paragraph 7. 9. Ramps must have a wall or guard on both sides and where a guard is provided, it must, i. be not less than 1,070 mm measured vertically to the top of the guard from the ramp surface, and ii. be designed so,that no member, attachment or opening located between 140 mm and 900 mm above the ramp surface being protected by the guard will. facilitate climbing. 10.Ramps must have edge protection that is provided, i. with a curb at least 50 mm high'on any side of the ramp where no solid enclosure or solid guard is provided, and ii. with railings or other barriers that extend to within 50 mm of the finished ramp surface. (2) In this section, "kN" means kilonewtons. 17 75 Exterior paths of travel, stairs • 80.24 Where stairs are provided on exterior paths of travel, they must meet the following requirements: 1. Stairs must have uniform risers and runs in any one flight. 2. The rise between successive treads must be between 125 mm and 180 mm. 3. The run between successive steps must be between 280 mm and 355 mm. 4. The stairs must have closed risers. 5. The maximum nosing projection on a tread must be no more than 38-mm, with no abrupt undersides. That is, the undersides should be bevelled for example to avoid an individual from tripping. 6. Stairs must have high colour contrast markings that extend the full tread width of the leading edge of each step. 7. Stairs must be equipped with tactile walking surface indicators that are built in or applied to the walking surface and that warn individuals who are visibly impaired of hazards, such as a change 1111 in elevation. The tactile walking surfaces must, i. be located at the top of all flights of stairs, and ii. extend the full tread width to a minimum depth of 610 mm commencing one tread depth from the edge of the top step. 8. Handrails must be included on both sides of stairs and must satisfy the requirements set out in paragraph 7 of subsection 80.23 (1). 9. A guard must be provided that is not less than 920 mm, measured vertically to the top of the guard from a line drawn through the outside edges of the stair nosings and 1,070 mm around the landings, is required on each side of a stairway where the difference in elevation between ground level and the top step is more than 600 mm but, where there is a wall, a guard is not required on that side. 10. Where stairs are more than 2,200 mm in width, one or more intermediate handrails that are continuous between landings must be provided and located so there is no more that 1,650 mm 18 • 76 between handrails. The handrails must satisfy the requirements set out in paragraph 7 of subsection 80.23 (1). Exterior paths of travel, curb ramps 80.25(1) Where curb ramps are provided on exterior paths of travel, they must align with the direction of travel and meet the following requirements: 1. Curb ramps must have a minimum clear width of 1,200 mm, exclusive of any flared sides. 2. The running slope of curb ramps must, i. be 1:8 to 1:10, where elevation is less than 75 mm, and ii. be 1:10 to 1:12, where elevation is greater than 75 mm and less than 200 mm. 3. The maximum cross slope of curb ramps must be no more than 1:50. 4. The maximum slope on the flared side of a curb ramp must be no more than 1:10. 5. Where curb ramps are provided at pedestrian crossings, they must have tactile walking surface indicators that, i. are located at the bottom of the curb ramp, ii. are set back between 150 mm and 200 mm from the curb edge, iii. extend the full width of the curb ramp, and iv. are a minimum of 610 mm in depth. (2) For the purposes of this section, curb ramps are ramps that are cut through a curb or that are built up to a curb. Exterior paths of travel, depressed curbs 80.26(1) Where depressed curbs are provided on exterior paths of travel, they must meet the following requirements: 1. Depressed curbs must have a maximum running slope of 1:20. 19 77 2. Depressed curbs must be aligned with the direction of travel. • 3. Where depressed curbs are provided at pedestrian crossings, they must have tactile walking surface indicators that, i. are located at the bottom portion of the depressed curb that is flush with the roadway, ii. are set back between 150 mm and 200 mm from the curb edge, and iii. are a minimum of 610 mm in depth. (2) For the purposes of this section, depressed curbs are seamless gradual slopes at transitions between sidewalks and walkways and • highways, and are usually found at intersections. Exterior paths of travel, accessible pedestrian signals 80.27(1) Where new pedestrian signals are being installed at pedestrian street crossings or existing pedestrian signals are being replaced, they must be pushbutton-integrated accessible pedestrian signals. (2) Pushbutton-integrated accessible pedestrian signals must meet the • following requirements: 1. They must have a locator tone that is distinct from a walk indicator tone. 2. They must be installed within 1,500 mm of the edge of the curb. 3. They must be mounted at a maximum of 1,100 mm above, ground level. 4. They must have tactile arrows that align with the direction of ' crossing. 5. They must include both audible and vibro-tactile walk indicators. (3) Where two pushbutton assemblies are installed on the same corner, they must be a minimum of 3,000 mm apart. (4) Where the requirements in subsection (3) cannot be met because of site constraints or existing infrastructure, two pushbutton assemblies can be installed on a single post, and whenfthis occurs, a verbal announcement must clearly state which crossing is active. 20 • 78 • Exterior paths of travel, rest areas 80.28 When developing new or redeveloping exterior paths of travel, obligated organizations, other than small organizations, shall consult on the design and placement of rest areas along the path of travel and shall do so in the following manner: 1: The Government of Ontario, the Legislative Assembly, designated public sector organizations, other than municipalities, and large organizations must consult with the • public and persons with disabilities. 2. Municipalities must consult with their municipal accessibility advisory committees, where one has been established in accordance with subsection 29 (1) or(2) of the Act, the public and persons with disabilities. Exceptions, limitations 80.29 Where an exception is provided to a requirement for an exterior path of travel, the exception applies solely, • (a) to the particular requirement for which the exception is allowed and not to any other requirement that applies to the exterior path; and (b) to the portion of the exterior path for which it is claimed and not to the exterior path in its entirety. Exceptions, general 80.30 Exceptions to the requirements that apply to exterior paths of travel are ' permitted where obligated organizations, other than small organizations, can demonstrate one or more of the following: 1. It is not practicable to comply with the requirements or some of them because existing physical or site constraints prohibit modification or addition of elements, spaces or features, such • as where increasing the width of the exterior path would narrow the width of the adjacent highway or locating an accessible pedestrian signal poles within 1,500 mm of curb edge is not feasible because of existing underground utilities. 2. The requirements of this Part or some of them would erode the heritage attributes, as defined under the Ontario Heritage Act, of a property, 21 79 L listed in a municipal register as being of cultural heritage • under section 27 of that Act, ii. designated by a municipality as being a property of • cultural heritage value or interest under section 29 of that Act, iii. included in a heritage conservation district designated by a municipality under section 41 of that Act, iv. designated by the Minister of Culture under section 34.5 of that Act as a property of cultural heritage value or interest of provincial significance, or v. designated as having national historic significance by the Minister of the Environment for Canada on the advice or the Historic Sites and Monuments Board of Canada. Accessible Parking Application 80.31 All obligated organizations, including small organizations, shall ensure that all new and redeveloped off-street parking facilities meet the requirements set • out in this Part. Exception 80.32(1) The requirements in respect of off-street parking facilities do not apply to off-street parking facilities that are used exclusively for one of the following: 1. Parking for employees. 2. Parking for buses. 3. Parking for delivery vehicles. 4. Parking for law enforcement vehicles. 5. Parking for,medical transportation vehicles, such as ambulances. 6. Parking used as a parking lot for impounded vehicles. (2) The requirements in respect of off-street parking facilities do not apply to those off-street parking facilities that are not located on a barrier-free path of travel, regulated under Ontario Regulation 350/06 (Building Code) made under 22 • 80 the Building Code Act, 1992 where obligated organizations have multiple off- street parking facilities on a single site that serve a building or facility. Types of accessible parking spaces 80.33 Off-street parking facilities must provide the following two types of accessible parking spaces: 1. Type A, a wider parking space which has a minimum width of 3,400 mm and signage that identifies the space as "van accessible". 2. Type B, a standard parking space which has a minimum width of 2,400 mm. Access aisles- 80.34(1) Access aisles is the space between parking spaces that allows people with disabilities to transfer to and from vehicles, must be provided for all accessible parking spaces in off-street parking facilities. (2) Access aisles may be shared by two accessible parking spaces in an off- street parking facility and must meet the following requirements: 1. They must have a minimum width of 1,500 mm. 2. They must extend the full length of the parking space. • 3. They must be marked with high colour contrast diagonal lines, which discourages parking in them. Minimum number and type of accessible parking spaces 80.35(1) Off-street parking facilities must have a minimum number and type of accessible parking spaces, in accordance with the following requirements: 1. One accessible parking space, which meets the requirements of a Type A parking space, where there are 25 parking spaces or fewer. 2. Four per cent of the total number of parking spaces must be accessible parking spaces where there are between 26 and 500 parking spaces in accordance with the following ratio, rounding up to the nearest whole number: I' 23 81 i. Where an even number of accessible parking spaces are • provided in accordance with the requirements of this paragraph, an equal number of parking spaces that meet the requirements of a Type A parking space and a Type B parking space must be provided. ii. Where an odd number of accessible parking spaces are provided in accordance with the requirements of this paragraph, the number of parking spaces must be divided equally between parking spaces that meet the requirements of a Type A parking space and a Type B parking space, but the additional parking space, the odd- numbered space, must be a Type B parking space. 3. Twenty accessible parking spaces, and an additional two per cent of parking spaces for spaces in addition to 500, must be accessible parking spaces where more than 500 parking spaces are provided in accordance to the following ratio, rounded up to the nearest whole number: i. Where an even number of accessible parking spaces are provided in accordance with the requirements of this paragraph, an equal number of parking spaces that meet the requirements of a Type A parking space and a Type • B parking space must be provided. ii. Where an odd number of accessible parking spaces are provided in accordance with the requirements of this paragraph, the number of parking spaces must be divided equally between parking spaces that meet the requirements of a Type A parking space and a Type B parking space, but the additional parking space, the odd- • numbered space, must be a Type B parking space. (2) If an obligated organization provides more than one off-street parking facility at a site, the obligated organization must calculate the number and type of accessible parking spaces according to the number and type of parking spaces required for each off-street parking facility. (3) In determining the location of accessible parking spaces that must be provided where there is more than one off-street parking facility at a site, an obligated organization may distribute them among the off- street parking facilities in a manner that provides substantially equivalent or greater accessibility in terms of distance from an accessible entrance or user convenience. • 24 82 (4) For the purposes of subsection (3), the following factors may be considered in determining user convenience: 1. Protection from the weather. • 2. Security. 3. Lighting. 4. Comparative maintenance. • Exception 80.36(1) An exception to the minimum number of accessible spaces required is permitted where obligated organizations can demonstrate that it is not practicable to comply with the requirement because existing physical or site constraints prevent it from meeting the required ratio, such as where the minimum width for accessible parking spaces or access aisles cannot be met because of existing pay and display parking meters, surrounding curb edges, walkways, landscaping or the need to maintain a minimum drive aisle width. (2) Where an obligated organization claims an exception to the minimum number of accessible spaces, it must provide as close to as many accessible parking spaces, that meet the requirements of this Part, as would otherwise be required under subsection 80.35 (1) or (2), as the case may be, that can be accommodated by the existing site and, (a) where that number is an even number, the number of parking spaces must be divided equally between parking spaces that meet the requirements of a Type A parking space and a Type B parking space; and (b) where that number is an odd number, the number of parking spaces must be divided equally between parking spaces that meet the • requirements of a Type A parking space and a Type B parking space, but the additional parking space, the odd-numbered space, must be a Type B parking space. On-street parking spaces 80.37(1) Where a designated public sector organization, other than a municipality, develops new or redevelops existing on-street parking spaces, it must consult on the need, location and design of accessible on-street parking spaces with the public and persons with disabilities. 25 83 (2) Where a municipality develops new or redevelops existing on-street parking 1111 spaces, it must consult on the need, location and design of accessible on- street parking spaces and it must consult with its municipal accessibility advisory committee, where one has been established in accordance with subsection 29 (1) or (2) of the Act, the public and persons with disabilities. (3) In this section and despite section 2, "designated public sector organization" means every municipality and every person or organization described in Schedule 1 to this Regulation, but not every person or organization listed in Column 1 of Table 1 of Ontario Regulation 146/10 (Public Bodies and Commission Public Bodies— Definitions) made under the Public Service of Ontario Act, 2006. Obtaining Services Application 80.38(1) All obligated organizations, including small organizations, shall ensure that the following meet the requirements set out in this Part: 1. All new means of obtaining services in respect of service counters and fixed queuing guides. 2. All new and redeveloped means of obtaining services in respect of • waiting areas. (2) For the purposes of this Part, requirements for obtaining services in respect of service counters, fixed queuing guides and waiting areas apply whether the services are obtained in buildings or out-of-doors. (3) Where there is a conflict between the requirements set out in this Part and the accessibility standards set out in Ontario Regulation 429/07 (Accessibility Standards for Customer Service) made under. the Act, the requirement or standard that provides the greater accessibility for people with disabilities • prevails. Service counters • 80.39(1) When installing new service counters, the following requirements must be met: 1. There must be at a minimum one service counter that accommodates a mobility aid for each type of service provided • and the accessible service counter must be clearly identified with signage, where there are multiple queuing lines and service 26 84 counters. 2. Each service counter must accommodate a mobility aid, where a single queuing line serves multiple counters. (2) The service counter that accommodates mobility aids must meet the following requirements: 1. The countertop height must be such that it is usable by a person seated in a mobility aid. 2. There must be sufficient knee clearance for a person seated in a mobility aid, where a forward approach to the counter is required. • 3. The floor space in front of the counter must be sufficiently clear so as to accommodate a mobility aid. Fixed queuing guides 80.40 When installing new fixed queuing guides, the following requirements must be met: 1. The fixed queuing guides,must have sufficient width to allow for the passage of mobility aids. 2. The fixed queuing guides must have sufficiently clear floor area to permit mobility aids to turnwhere queuing lines change direction. 3. The fixed queuing guides must be cane detectable by persons who are blind or who have low vision. Waiting areas 80.41 (1)When providing a new or redeveloping an existing waiting area,where the seating is fixed to the floor, three per cent of the new seating must be accessible, but in no case shall there be fewer than one accessible seating space. (2) For the purposes of this section, accessible seating is not a seat but a space in the seating area where an individual in a mobility aid can wait. 'I) 27 • 85 Maintenance • Maintenance of accessible elements 80.42 Obligated organizations, other than small organizations, shall ensure that their multi-year accessibility plans include the following: 1. Procedures for preventative and emergency maintenance of the accessible elements in public spaces as required under this Part. 2. Procedures for dealing with temporary disruptions when accessible elements required under this Part are not in working order. 13.The Regulation is amended by adding the following section: Accessibility reports 86.1(1) Subject to subsection 33 (3) of the Act, organizations shall file an accessibility report with a director according to the following schedule: 1. Annually, in the case of the Government of Ontario and the Legislative Assembly. • 2. Every • ery two years, in the case of designated public sector organizations. 3. Every three years, in the case of large organizations. (2) The reporting schedule referred to in subsection (1).begins to apply as of January 1, 2013 with the first report being due, (a) as of December 31, 2013, in the case of the Government of Ontario • and the Legislative Assembly; (b) as of December 31, 2013, in the case of designated public sector organizations; and (c) as of December 31, 2014, in the case of large organizations. Commencement 14.This Regulation comes into force on the later of January 1, 2013 and the day it is filed. 28 • 86 • City o9 PICKERIN November 19, 2012 By-laws 7248/12 Being a by-law to exempt those parts of Block Y , Plan M-16, Pickering, designated as Parts 2 to 11, Plan 40R-27608, Parts 111 to 120, Plan 40R-25699 and Parts 126 to 145, Plan 40R-25699 from the part lot control provisions of the Planning Act. (By-law attached) 7249/12 Being a by-law to authorize the Architectural & Engineering Services and Construction of the Pickering Indoor Soccer Facility in the City of Pickering, and the issuance of debentures in the amount of$4,875,000 [Refer to Executive Pages 227 —228] 7250/12 Being a by-law to exempt Lots 17 to 24, 28, 29, 30 and Blocks 31 to 49, Plan 40M-2479, from the part lot control provisions of the Planning Act. (By-law attached) 7251/12 Being a by-law to amend Schedule "A" of the Responsible Pet Ownership By-law 6811/07 [Refer to Executive Page 234 —235] 7252/12 Being a by-law to amend.Schedule "A" of By-law 7137/11 appointing the Chief Building Official, Deputy Chief Building Official and Inspectors. [Refer to New and Unfinished Business pages 49-50] • • .a... PICKERING - November 19, 2012 et • • 7248/12 Being a by-law to exempt those parts of Block Y , Plan M-16, Pickering, designated as Parts 2 to 11, Plan 40R-27608, Parts 111 to 120, Plan 40R-25699 and Parts 126 to 145, Plan 40R-25699 from the part lot control provisions of the Planning Act. (By-law attached) 7249/12 Being a by-law to authorize the Architectural & Engineering Services and Construction of the Pickering Indoor Soccer • Facility in the City of Pickering, and the issuance of • debentures in the amount of$4,875,000 [Refer to Executive Pages 227 228] 7250/12 Being a by-law to exempt Lots 17 to 24, 28, 29, 30 and Blocks 31 to 49, Plan 40M-2479, from the part lot control provisions of the Planning Act. (By-law attached) ill) . 7251/12 Being a by-law to amend Schedule "A" of the Responsible -Pet Ownership By-law 6811/07 [Refer to Executive Page 234 —235] • 7252/12 . Being a by-law to amend Schedule "A" of By-law 7137/11 appointing the Chief Building Official, Deputy Chief Building Official and Inspectors. [Refer to New and Unfinished Business pages 49-50] • 87 City . � n..111 Memo '.... ' .... ..4ic To: Debbie Shields October 12, 2012 City Clerk From: Denise Bye Supervisor, Property & Development Services Copy: Director, Corporate Services & City Solicitor Director, Planning & Development Subject: Request for Part Lot Control By-law. Owner: SR & R Bay Ridges Ltd. Part Block Y, Plan M-16, Pickering, designated as Parts 2 to 11, Plan 40R-27608, Parts 111 to 120, Plan 40R-25699 and Parts 126 to 145, Plan 40R-25699 - File: PLC.M-16.2 In 2008, By-law 6894/08 was enacted and registered exempting the above-noted lands from the part lot control provisions of the Planning Act, thus permitting the Owner to convey the individual parcels of tied lands ("potls") into private ownership. By-law 6894/08 expired on September 15, 2010, prior to the Owner's completion and conveyance of all of the dwelling units within the project and therefore another part lot control by-law is required so that the Owner can convey the remaining potls (scheduled to close in late 2012 and early 2013) into private ownership. Attached is a location map and a draft by-law, enactment of which will exempt the remaining portions of this block from the part lot control provisions of the Planning Act. This draft by-law is attached for the consideration of City Council at its meeting scheduled for November 19, 2012. DB:bg . J:\Prop 8 Dev'PLClsecc40M-16 SR&R\nemos\memo to debbie renewing by-law Oct_2012.docn Attachments • 88 • •S\y /� J v I . . / O pP J � cO� n •., G� J - \ 10000005 0 1I ( ( ********** : .• 401 • 00.00.00• STREET 111 111 BAY• '� •�'�'�O�' PEACE Mr POPRAD 0 ~1%0%111 Q _ LUTHERAN NM w w Z; =N f =• DOU .S CHURCH v ``, 1C U o,� Q l II I H I I I�� TATRA �m_ CO �� P/CKE SST SHORE E WAYF-RER :*......_RASv/ /qW roaMMU A o c �I ` -I -3 LANE IA COMP 'a-. 1 / I — \ �r E CLUB 0 GRENOB 'AYSHO ` < - _• - TOT LOT ,. — ,. ■_I illi I ST. MARTIN'S STREET -- ANGLICAN -I 0 z—_ CHURCH d -( w W O--_w■ ,� o' PATMORE Q • • FRENCHMAN'S BAY DOUGLAS/ i ' J��,� J�" -o LRNE : . PARK ;`,Vie, City of Pickering/ Planning & Development Department PROPERTY DESCRIPTION Parts 2 to 11,40R-27608,Parts 111-120,126-145,40R-25699 OWNER SR &R Bay Ridges DATE Oct 11,2012 DRAWN BY JB •FILE No. Part Lot Control SCALE 1:5,000 CHECKED BY - MY N 4111 Uota Soureee• 3 o Teranet Enlenod It Ine. nd ita auPpllers. All Nphta Reeervetl. Not a plan o1 survey. - PN-3 a 2012 MPAC and Its suppliers. All nghts Reserved. No! a plop of Survey. 89 • The Corporation of the City of Pickering y r r By-law No. j�All Being a by-law to exempt those parts of Block Y, Plan M-16, Pickering, designated as Parts 2 to 11, Plan 40R-27608, Parts 111 to 120, Plan 40R-25699 and Parts 126 to 145, Plan 40R-25699 from the part lot control provisions of the Planning Act. • Whereas SR & R Bay Ridges Ltd., the owner of those parts of Block Y, Plan M-16, designated as Parts 2 to 11, Plan 40R-27608, Parts 111 to 120, Plan 40R-25699 and Parts 126 to 145, Plan 40R-25699, has registered a common elements condominium plan; And Whereas it is intended that the owner or owners of each of the 10 dwelling units being constructed on the lands herein will own the parcel of tied land on which his, her or their dwelling is located in fee simple, and will also be a member or members of the common elements condominium corporation; And Whereas it is intended that the parcels of tied lands on which the 10 dwellings are to be constructed will be subdivided by means of an exemption from the part lot control provisions of the Planning Act, R.S.O. 1990, chapter P.13; 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, shall cease to apply to those parts of Block Y, Plan M-16, Pickering, designated as Parts 2 to 11, Plan 40R-27608, Parts 111 to 120, Plan 40R-25699 and Parts 126 to 145, Plan 40R-25699 upon: (a) registration of this By-law in the Land Registry Office for the Land Titles Division of Durham (No. 40); and • (b) registration of a restriction, pursuant to Section 118 of the Land Titles Act, R.S.O. 1990, chapter L.5, requiring the consent of the Solicitor for The Corporation of the City of Pickering to the registration of any transfer or charge of part of Block Y, Plan M-16, designated as Parts 2 to 11, Plan 40R-27608, Parts 111 to 120, Plan 40R-25699 and Parts 126 to 145, Plan 40R-25699 or any part or parts thereof in the Land Registry Office for the Land Titles Division of Durham (No. 40). 2. This By-law shall remain in force and effect from the date of the passing of this By-law and shall expire on November 19, 2013. 90 By-law No. Page 2 By-law passed this 19th day of November, 2012. • 0,-Fir oc, 41:A9AV David Ryan, Mayor Debbie Shields, City Clerk • • PLC.M-16.2 • 91 , Cam, �i -; Memo To: Debbie Shields November 5, 2012 City Clerk From: . Denise Bye Supervisor, Property & Development Services Copy: Director, Corporate Services& City Solicitor Director, Planning & Development Subject: Request for Part Lot Control By-law Owner: Lebovic Enterprises Limited (Bradshaw) Lots 17 to 24, 28, 29, 30 and Blocks 31 to 49, Plan 40M-2479 - File: PLC.40M-2479.1 The above-mentioned lots and blocks are being developed in accordance with the appropriate Subdivision Agreement in such a manner to allow for the construction of 140 dwelling units. Attached are a location map and a draft by-law, enactment of which will exempt these lands from the part lot control provisions of the Planning Act thus allowing the 140 units to be conveyed into separate ownership. This draft by-law is attached for the consideration of City Council at its meeting scheduled for November 19, 2012. • DB:bg J\Prop&Dev PLCl sec t40M-2479 Lebovic Bradshaw lmemos\Memo to City Clerk 2012.doc Attachments 92 • . ---------1111111.10111 likdiff12111111110, . S cr. -y. TALLY STREET =rt▪r - \ �4 LUG, ∎∎ O. • 9- �-�' m *�"►►fit�►�.,►, ��- GROUSEL ORIVE T t�• C •••14 .00 11 4• tom' ►'4∎ . 11,11.'►�.�� A41:►-4, t Aim ��i■ '. W M_\tl • JAW- SUBJECT .004 0I' w I • LANDS 01.11 4 > EARL GREY Q / I ZENTS DRIVE _ 0 — or LIATRIS DRIVE * jj s !IIIIlIII1110 . . l \111111 • • j KALMAR •N z=: PARK 11e ' � Q o 1111111111 Illllllll� ell IIIllhIIII 111111111/ 1111111111x=b1111IIII11111 p / 'x • Z 1IU CUAL NTR / a \ \ LIATRIS DRIVE • DERSAN STREET WILLIAM nu III 11- I _ II ----------T 1 I City of Pickering Planning & Development Department PROPERTY DESCRIPTION Lots 17-24,28,29,30,&Blocks 31-49,40M-2479 /1\ OWNER Lebovic Enterprises Ltd. DATE Oct.26,2012 DRAWN BY JB FILE No. Part Lot Control SCALE 1:5,000 CHECKED BY DB N III e °° N-15 Teronet Entea rites Inc.Ire and Its suppliers. All rights Reserved. Not o pion of survey. 2012 MPAC o Its suppliers. All rights Reserved. Not o pion of Survey. 93 • The Corporation of the City, of Pickering By-law No. Being a by-law to exempt Lots 17 to 24, 28, 29, 30 and Blocks 31 to 49, Plan 40M-2479, etgor' :00470, from the part lot control provisions of the Planning Act. Whereas pursuant to the provisions of section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, as amended, the Council of a municipality may by by-law provide that section 50(5) of the Act does not apply to certain-lands within a plan of subdivision designated in the by-law; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, as amended shall cease to apply to Lots 17 to 24, 28, 29, 30 and Blocks 31 .to 49, Plan 40M-2479. 2. This by-law shall remain in force and effect for a period of one year from the date of the passing of this by-law and shall expire on December 31, 2013. By-law passed this 19th day of November, 2012. • t David Ryan, Mayor Debbie Shields, City Clerk PLC.40M-2479.1 • 94 Cial Committee of Adjustment I Meeting Minutes -� � _ Wednesday, September 26, 2012 PIti1 [ 77:00 pm . Main Committee Room Present: • Tom Copeland • David Johnson — Chair • • Eric Newton —Vice-Chair Bill Utton Shirley Van Steen • Also Present: Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (I) Adoption of Agenda • Moved by Eric Newton Seconded by Bill Uttorr • That the agenda for the Wednesday,September 26, 2012 meeting be adopted. Carried Unanimously (II) Adoption of Minutes • Moved by Bill Utton • Seconded by Shirley Van Steen • That the minutes of the 11th meeting of the Committee of Adjustment held Wednesday, September 5,.2012 be adopted. • • Carried Unanimously • • • • 1 Ci Committee of Adjustment Meeting Minutes Wednesday, September 26, 2012 P `.I t!J 7:00 pm Main Committee Room (III) Reports (Deferred from September 5, 2012 meeting) P/CA 50/12 — R. Ramos . 2026 Erin Gate Boulevard (Lot 6, 40M-1969) City of Pickering • The applicant requests relief from Zoning By-law 3036, as amended by By-law • 5493/99 to permit a side yard width of 0.5 metres and a rear yard depth of 0.9 metres to a newly constructed shed, whereas the by-law requires a minimum accessory structure setback of 1.0 metre to all lot lines. The applicant requests approval of these variances in order to obtain zoning - compliance for the shed. Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to AhL conditions. Written comments were received from the City's Development Control Manager indicting all runoff from storm events must be contained on the applicant's property. Written comments were also received from the Owners of 2024 Erin Gate Boulevard indicating no objections to a shed with a less than 1.0 metre from their shared lot line. Ruel Romas, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Shirley Van Steen • Seconded by Bill Utton That application P/CA 50/12 by R. Ramos, be Approved on the grounds that the side yard width of 0.5 metres and a rear yard depth of 0.9 metres to a newly constructed shed 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 Zoning By-law, subject to the following conditions: 1. That these variances apply only to the accessory shed, as generally sited and outlined on the applicant's submitted plans. 2: That the applicant installs eaves that direct the runoff away from adjacent neighbours and ensures that all runoff from storm events will be contained on the applicant's property by December 17, 2012, or this decision shall be null • and void. Carried Unanimously • 2 • Ca 00 Committee of Adjustment . Meeting Minutes =� Wednesday, September 26, 2012 11MUCIC 7:00 pm Main Committee Room 2. P/CA 51/12 — CMC Homes Inc. • 478 490 Kingston Road (Part Lot 161 and Lot 162, Plan 816, Part 1, 40R-4158) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 2457/87 to permit a front yard depth of 3.0 metres, a flankage side yard width of 3.0 metres, a building height of 11.2 metres, 20 parking spaces and a canopy lot coverage of 11 percent, whereas the by-law requires a minimum front yard depth of 14.0 metres, a flankage side yard width of 14.0 metres, maximum building height of 10.0 metres a minimum 47 parking spaces and a maximum canopy lot coverage of 3 percent. The applicant requests approval of these variances in order to obtain site plan approval and building. permits. • 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 the Toronto and Region Conservation Authority expressing no objection. . Written comments were received from the Site Plan Committee indicating the Committee endorsed the proposed variances on August 22, 2012 at the Site • Plan Committee meeting. Written comments were also received from Bill Getsos of 512\Kingston Road and Joanne Dunsford of 1386 Old Forest Road in • objection to the application. Correspondence received from Bill Getsos of 512 Kingston Road indicated concerns with the reduced front yard depth and flankage side yard width as they do not provide enough room for landscaping, the reduced parking spaces will worsen the existing illegal parking issues at 512 Kingston Road, and by • permitting additional retail convenient store uses this will cause existing retail • stores to struggle as Highway 2 is already overloaded with retail. These are major variances, not minor. Correspondence received from Joanne Dunsford indicated concerns with the setback of the proposed development to the existing four homes to the north and the impacts on those homes included lighting that will be coming off the development, loss of privacy, increased traffic, and noise and emissions from the drive through and convenience store. Joanne. Dunsford has also requested a minimum of 2.5 metres high noise barrier fence buffered With.large spruce trees . and would like a consistent buffer of 4.0 metres blocking any lighting, sounds and emissions that will be produced. 3 • Ca chil Committee of Adjustment Meeting Minutes Wednesday, September 26, 2012 I lialIACX 7:00 pm Main Committee Room Scott Pomeroy, agent, was present to represent the application. Joanne Dunsford of 1386 Old Forest Road, Bill Getsos of 512 Kingston Road, Linda McNeil of 1424 Rosebank Road and Mary Jane Lloyd of 1384 Old Forest Road were present in objection to the application. In response to questions and concerns Scott Pomeroy indicated a traffic study • has been done, the office building will have approximately five suites,through the site plan process there will be a landscape plan, and will address any light pollution from the development. Scott Pomeroy also explained the main street design for Kingston Road is to promote a pedestrian friendly image. Linda McNeil indicated concerns with increased traffic and noted the library . adjacent to the subject property has recently installed speed bumps in the parking lot. Mary Jane Lloyd indicated concerns with increased traffic, light pollution onto her • • property, noise pollution from cars and questioned what type of noise barrier fence will be installed. • • In response to a question from a Committee member, the Secretary Treasurer explained the meaning of the main street design for Kingston Road. • Moved by Shirley Van Steen Seconded by Tom Copeland • That application P/CA 51/12 by CMC Homes Inc., be Approved on the grounds that the front yard depth of 3.0 metres, a flankage side yard width of 3.0 metres, a building height of 11.2 metres., 20 parking spaces and a canopy lot coverage of 11 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 proposed office building, gas station and convenience store, as generally sited and outlined on the applicant's submitted plans. - • 2. That the applicant obtain a building permit for the proposed construction by September 26, 2014, or this decision shall become null and void. • 3. That the applicant consolidate existing Roll Numbers, Property Identification • Numbers (PINs) and Addresses into one number for each by September 26, 2013, • or this decision shall become null and void. • Carried Unanimously 4 • • Ca o¢ • Committee of Adjustment . Meeting Minutes . l -=�� --=: Wednesday, September 26, 2012 I SiMNIt r 7:00 pm Main Committee Room 3. P/CA 53/12 — S. Ebejer & J. De Silva 1914 Glenview Road . (Lot 35, Plan 509) City of Pickering The applicant requests relief from Zoning By-law 3036 to permit a front yard depth of 6.5 metres to a proposed covered front porch and stairs, whereas the by-law requires a front yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit for a proposed detached dwelling with a covered front porch. Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Control Manager expressing no concerns. Steven Ebejer, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Bill Utton Seconded by Eric Newton • That application P/CA 53/12 by S. Ebejer & J..De Silva, be Approved on the - grounds that the front yard depth of 6.5 metres is 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 apply only to the covered front porch and stairs, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by September 26, 2014, or this decision shall become null and void. Carried Unanimously 10 • • 5 • • Cluj Cr Committee of Adjustment Meeting Minutes `. �" _ Wednesday, September 26, 2012 PI St1It4II 7:00 pm • .Main Committee Room 4. P/CA 54/12 — M. & L. Gertsen • 1929 Glenview Road (Lot 20, Plan 509) • City of Pickering • The applicant requests relief from Zoning By-law 3036 to permit a front yard . depth of 5.4 metres and a side yard width of 1.2 metres to the existing dwelling and proposed addition and covered porch, whereas the by-law requires a front yard depth of 7.5 metres and a minimum side yard width of 1.8 metres. The applicant requests approval of these variances in order to obtain a building • permit for the proposed addition and covered porch. .Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Control Manager expressing no concerns. Martin Gertsen, owner, was present to represent the application.. No further representation was present in favour of or in objection to the application. Moved by Eric Newton Seconded by Bill Utton That application P/CA 54/12 by M. & L. Gertsen, be Approved on the grounds that the front yard depth of 5.4 metres and side yard width of 1.2 metres to the existing dwelling and proposed addition with a covered porch 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 dwelling and proposed addition and covered porch, as generally sited and outlined on the applicant's submitted plans. • 2. That the applicant obtain a building permit for the proposed construction by September 26, 2014, or this decision shall become null and void. Carried Unanimously • • 6 • • • Committee of Adjustment Meeting Minutes I • Wednesday, September 26, 2012 PI 7:00 pm Main Committee Room 5. P/CA 55/12 — D. McAulay 178 Thicket Crescent (Lot 46, Plan 40M-1778) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 4271/93 to permit a proposed shed in the side yard with a side yard width of 0.6 metres, whereas the by-law requires all accessory structures to be located in the rear yard an_ d a minimum accessory structure setback of 1.0 metres from all lot lines. The applicant requests approval of these variances in order to obtain zoning compliance. Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal. Written comments were also received from the City's Development Control Manager expressing no concerns. Donald McAulay, owner, was present to represent the application. Charles Battist of 368 Morrish Road and Rebecca Purnwasie of 178 Thicket Crescent were present in favour of the application. Laurin Jeffrey of 474 Woodmere Crescent and Karen Forbes of 180 Thicket Crescent were present in objection to the application. Donald McAulay explained the proposed shed will be well constructed and not preassembled from a store, will provide storage for lawn and garden tools and the height of the shed can be reduced if needed. Donald McAulay submitted four letters from surrounding neighbours in support of the application. Charles Battist indicated the shed will be well constructed and can be reduced in height if needed and it will be set back far from the street so it will not create a visual impact to the streetscape. Laurin Jeffery indicated concerns with the location of the shed in the side yard and the visual impact. Karen Forbes indicated concerns with the location of the proposed shed, the visual impact and the affect it may have on resale. • 7 Cif Committee of Adjustment Meeting Minutes 1411,1_- =I Wednesday, September 26, 2012 Iii 7:00 pm Main Committee Room Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 55/12 by D. McAulay, be Refused on the grounds that the proposed shed in the side yard with a side yard width of 0.6 metres are major variances that are not desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Zoning By-law. Carried Unanimously 6. P/CA 57/12 —A. & J. Haggarty 5048 William Street (Lot 19, Plan 40M-1482) • City of Pickering The applicant requests relief from Zoning By-law 3037, as amended by By-law • 6640/06 to permit a side yard width of 0.0 metre to a proposed addition for the installation of an elevator on the side of the existing dwelling, whereas the by-law requires a minimum side yard width of 1.8 metres. The applicant requests approval of this variance in order to obtain a building permit for the proposed side yard elevator addition. Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal. Written comments were also received from the City's Development Control Manager indicating the applicant must be made aware that the property line swales that provide lot drainage which may be affected by this addition and the final grading must ensure proper drainage away from the structure and not adversely affect the neighbouring property and the roof drainage must not be directed into the neighbouring property. Written comments received from Colin Barrand of 5046 William Street indicating no objection to the variance submitted. Written comments received from Aleta & Rodney Voss of 5045 William Street indicating they are in full support of the application to construct an elevator on the south side of the house. Written comments were received from Lucy Singh of 5074 William Street in support of the application. Written comments were also received from Joe Dickson, MPP, • Ajax-Pickering in full support of the application. 8 Cli o Committee of Adjustment nk Meeting Minutes ,,,., 140 ` W=�- Wednesday, September 26, 2012 s .�. �� I SI1141 [14 7:00 pm Main Committee Room • David Johnson, Committee Chair acknowledged the presence of Peter Rodrigues, Regional Councillor—Ward 3. Alan Haggarty, owner, Randy Sora, agent, were present to represent the application. Seven area residents were present in support of the application. Alan Haggarty explained his son is in a wheelchair and the installation of an elevator will assist him to access all levels of their home safely. Alan Haggarty submitted six letters in support of the application. Randy Sora explained he is an accessibility consultant and has worked with the Haggarty family for the past few years to make their home accessible for their son. Randy Sora explained multiple options for the elevator were considered and due to limited interior space and configurations these areas were not suitable. • Peter Rodrigues, Regional Councillor—Ward 3 explained he is familiar with the Hamlet of Claremont and this community has larger lots and the elevator will not impede on the surrounding neighbours and is in full support of the application. Moved by Tom Copeland Seconded by Bill Utton • That application P/CA 57/12 by A. & J. Haggarty, be Approved on the grounds that side yard width'of 0.0 metre is a minor variance that is desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Zoning By-law, subject to the following conditions: 1. That this variance apply only to a proposed addition for the installation of an elevator on the side of the existing dwelling, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains a building permit for the proposed construction by September 26, 2014, or this decision shall become null and void. 3. That the applicant obtain and enter into an encroachment agreement with the owner of the abutting property to the south (5046 William Street) for the purpose of maintenance of the addition by September 26, 2013, or this decision shall become null and void. I, Carried Unanimously • • 9 • • Ca o¢ Committee of Adjustment• ro. _ Meeting Minutes '. iD Wednesday, September 26 2012 P 77:00 pm Main Committee Room • (IV) Adjournment Moved by Bill Utton Seconded by Eric Newton • That the 12th meeting of the 2012 Committee of Adjustment be adjourned at 8:06 pm and the next meeting of the Committee of Adjustment be held on Wednesday, October 17, 2012. • Carried Unanimously • Date C Chair • • Assistant Secretary-Treasurer • • • • • • • • 10 Committee of Adjustment Citt °0 Meeting Minutes _ -- Wednesday, October 17, 2012 PI 7:00 pm Main Committee Room Present: Tom Copeland David Johnson — Chair Eric Newton —Vice-Chair Bill Utton Shirley Van Steen Also Present: Mila Yeung, Assistant Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (I) Adoption of Agenda 111) Moved by Eric Newton Seconded by Bill Utton That the agenda for the Wednesday, October 17, 2012 meeting be adopted. Carried Unanimously (II) Adoption of Minutes Moved by Bill Utton Seconded by Shirley Van Steen That the minutes of the 12th meeting of the Committee of Adjustment held Wednesday, September 26, 2012 be adopted. Carried Unanimously II/ . 1 Ca o¢ • Committee of Adjustment Meeting Minutes Wednesday, October 17, 2012 7:00 pm Main Committee Room (III) Reports 1. P/CA 56/12 — L. Cirone • 1759 Woodview Avenue • (Part of Lot 8, Plan 282, Parts 31 & 32, Plan 40R-11207) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended, to permit a maximum lot coverage of 38 percent for the lands to be severed, whereas the by-law permits a maximum lot coverage of 33 percent. • The applicant requests approval of this variance in order•to obtain a building permit for the construction of a new two-storey single detached dwelling on a future parcel of land to be severed. • M. Yeung, Assistant Secretary-Treasurer outlined comments received from the • City of Pickering Planning & Development Department recommending approval • subject to conditions. Written comments were also received from the City's Development Control Manager expressing.no concerns. Chris Lazaridis, agent, was present to represent the application. Mark Coleiro of 1502 Oakburn Street was present to obtain additional information and clarification on the elevation of the proposed dwelling and zoning by-law. •In response to questions from M. Coleiro and a Committee Member, M. Yeung, Assistant Secretary-Treasurer explained the application and provided clarification on the zoning by-law requirements. Moved by Shirley Van Steen • Seconded by Bill Utton • • That application P/CA 56/12 by L. Cirone, be Approved on the grounds that a maximum lot coverage of 38 percent on a future parcel of land to be severed is 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 apply only to the future severed lot fronting Oakburn Street, created through Land Division Application LD 103/12, as generally 1111 sited and outlined on the applicant's submitted plans. • 2 • Cal/ Committee of Adjustment Meeting Minutes Wednesday, October 17, 2012 I�1►�1 �� 7:00 pm Main Committee Room 2. That final approval is granted by the Region of Durham Land Division Committee respecting Land Division Application LD 103/12 for the creation of the severed lot fronting Oakburn Street and that the Land Division application is final and binding. 3. That the applicant obtain a building permit for the proposed construction by October 17, 2014, or this decision shall become null and void. Carried Unanimously (IV) Adjournment Moved by Bill Utton Seconded by Eric Newton That the 13th meeting of the 2012 Committee of Adjustment be adjourned at 7:12 pm and the next meeting of the Committee of Adjustment be held on Wednesday, November 7, 2012. Carried Unanimously Date l j"?� Chair • �f1 Jr Assistant Secretary-Treasurer 3 cal/ o¢� ___ Minutes/Meeting Summary Accessibility Advisory Committee Meeting _ - Wednesday, October 24, 2012 PICKERING 7:00 pm Civic Complex– Main Committee Room Attendees: K. Falconer, Chair T. Arvisais, Vice Chair M. Brenner A. Heywood-Delpeache S. Little T. Logan D. Sharma. D. Tierney • S. Wilkinson P. Noronha-Waldriff • L. Harker, Recording Secretary Also,Present: M. Dwinnell, Supervisor, Facilities Operations J. Litoborski, Municipal Law Enforcement Officer K. Thompson, Manager, By-law Enforcement Services Absent: Councillor O'Connell I. Fogo D. Manning J. Yacoumidis Item/ Details'& Discussion&:Conclusion' rf Action ; Ref# (summary of discussion) >t re Items/Status ST r'¢21 s° '� cvd �.? v� 1�"' �s r z � . » i .� � w t; 3 ..� n 9+ 7 , i y �, qn� k Y ws -� a ¢ yi 2 s "'z r x , 3= _ t � r , < � (include deadline as , n . `- n_ . appropriate) esa ° 1. Welcome KF K. Falconer welcomed members and guests to the meeting. 2. Adoption of Minutes All Moved by T. Arvisais Seconded by M. Brenner That the minutes of the September 26, 2012 meeting of the. Accessibility Advisory Committee be approved. Carried (, Page l CORP0228-2/02 3. Accessible Taxicabs KT K. Thompson, Manager, By-law Enforcement Services and J. Litoborski, Municipal Law Enforcement Officer appeared before the Committee to discuss the upcoming legislated requirements to • consult with the Accessibility Advisory Committee on accessible taxicabs. K. Thompson provided an overview of the accessible taxicab program that is currently in place in Pickering and advised the Committee that the City has yet to receive any complaints from the public on accessible taxicab service in Pickering. The City currently has 5 dedicated accessible taxicabs. 90% of their business is pre-booked and the average waiting time for on demand service is 10 minutes, which is the average for most taxicabs. K. Thompson requested that she be provided with a compilation of responses from the Accessibility Survey to action any potential P. Noronha-Waldriff concerns/comments received. to action A question and answer period ensued. 4. Review of the Recreation Complex Banquet Halls MD Renovations M. Dwinnell, Supervisor, Facilities Operations appeared before the Committee to provide the Committee with a high level overview of the renovations being done at the Pickering Recreation Complex. The renovations include upgrading the restroom facilities, the flooring in the banquet hall, and lighting/audio visual system. All renovations will conform to the new accessibility standard. M. Dwinnell advised the Committee that renovations are due to commence in April 2013 and will take approximately 4 months to complete. . Site plans were reviewed and M. Dwinnell responded to questions from the Committee. 5. Site Plan Application S 23186(R12) -Veolia ES Canada All The Committee reviewed the Site Plan Application for the minor. amendment to the existing zoning at 820 MacKay Road for a new tank storage area. Committee members were unable to determine if the employee area was accessible and noted their comments on the Site Plan form to be returned to the Planning & Development Department. 6. 2012 Accessibility Awareness Event—Area Updates All • Page 2 • CORPO228-2102 K. Falconer provided an overview of the agenda for the Event. • P. Noronha-Waldriff distributed posters for the event to members for distribution in the community. • D. Tierney advised the Committee that he has not received confirmation of attendance of the CNIB. • P. Noronha-Waldriff advised the Committee that WindReach Farm will be attending. • Discussion ensued regarding the "accessibility experience". P. Noronha-Waldriff to confirm what this experience will P. Noronha-Waldriff entail with Accessibility Experts. to action • P. Noronha-Waldriff to resend the agenda to all members. • • Discussion ensued regarding signage. P. Noronha-Waldriff P. Noronha-Waldriff to ensure the Event is advertised on the City's website and to action social media sites. P. Noronha-Waldriff • P. Noronha-Waldriff to see if a projector and TV are available for presentations. to action 7. Other Business All 7.1) M. Brenner invited Committee members to the Women's Multicultural event at the Abilities Centre on November 6th 7.2) P. Noronha-Waldriff provided an update on the City's • response to the Open Space Standard Regulation. City staff have met and are formulating a response for the Ministry. Comments P. Noronha-Waldriff will be circulated to the Accessibility Advisory Committee for to action comment on Monday, October 29th and will be sent to the Ministry on Wednesday, October 31st 7.3) T. Arvisais provided Committee members with the revised Terms of Reference for their approval. Moved by M. Brenner Seconded by D. Sharma That the revised Accessibility Advisory Committee Terms of Reference be approved. Carried 7.4) Painting of accessible parking spaces. Moved by D. Sharma Seconded by S. Wilkinson That the Accessibility Advisory Committee support the City's . decision not to saint barrier free s arkin s s s aces blue. Page 3 CORP0228-2102 Carried 7.5) Discussion ensued regarding accessible parking and the City amending the by-law to allow those with accessible parking III permits to park anywhere (like the City of Toronto's By-law). L. L. Harker to action Harker to ask K. Thompson, Manager, By-law Enforcement Services to provide a response to the Committee on this item. 8. Next Meeting/Adjournment Moved by S. Little Seconded by T. Arvisais That the meeting be adjourned. Carried Next Meeting: November 28, 2012 • Meeting Adjourned: 8:45 pm Copy: City Clerk 110 • • • Page 4 • CORP0228-2/02 • City 00 Minutes • • 'Heritage Pickering Advisory Committee i=i ..m,:..... :.- October 25, 2012 PICKERING 7:00 pm Main Committee Room • Attendees: Councillor Rodrigues Tate Besso, Chair Mike Sawchuck, Vice-Chair • ' Subramanian lyer Ellen Mason Janet Mehak Charles Sopher • Jutta Van Huss Isabelle Janton, Planner II Cristina Celebre, Senior Planner, Development Review& Heritage Lisa Harker, Recording Secretary Absent: Wickham Jamadar Mustafa Munawar . Denise Rundle • Sally Sheehan • Item/ . Details & Discussion & Conclusion • . Action Items / Status Ref# (summary of discussion) (include deadline as appropriate) • 1.0 Welcome T. Besso welcomed everyone to the meeting. 1.1 Introduction of Heritage Coordinator • Cristina Celebre, Senior Planner, Development Review& Heritage, introduced herself and provided an overview of her • background. • • 2.0 Approval of Minutes Moved by M. Sawchuck Seconded by J. Van Huss That the minutes of the September 27, 2012 meeting of the • Heritage Pickering Advisory Committee be approved. Carried • 3.0 Business Arising from Minutes Page 1 • Item/ Details & Discussion & Conclusion Action Items/Status Ref# (summary of discussion) (include deadline as appropriate) • 3.1 Doors Open M. Sawchuck advised the Committee that request letters are . currently being drafted for potential site representatives and C. Celebre to action would like the assistance of City staff to get these letters out. He would also like to request that a City staff member be appointed as the main contact for Doors Open. M. Sawchuck provided a detailed overview of the critical path that has been drafted for feedback from Committee members. There are currently 40 sites being considered, including the Whitevale walking tour. A priority is taking photos of candidate properties and T. Besso offered to commence this. Once the list of properties has been finalized, Committee members can volunteer to photograph certain properties. E. Mason enquired whether the Committee considered holding programming or lectures after hours at sites on the tour. 3.2 Heritage Budget I. Janton advised the Committee that City staff will be meeting • regarding the Heritage Budget in the next couple of weeks as the last Doors Open was financed through the City's 1. Janton to action Bicentennial Budget. This meeting will clarify which Department will be responsible for paying for the Doors Open event. I. Janton to report back to the Committee. 3.3 Work Plan Updates M. Sawchuck advised the Committee that information has been added to registered properties. E. Mason enquired if the Committee was interested in having the photography group, Roy Robinson assist in taking pictures of heritage properties. Discussion ensued. The Committee E. Mason to action decided to have Roy Robinson attend the following meeting to present. Discussion ensued regarding the creation of a book of the heritage properties in Pickering and a potential partnership with the Pickering Historical Society. It was decided that this would be a 2013 Workplan item. • Councillor Rodrigues showed the Committee pictures of • plaques on commercial heritage buildings in Brooklin. • Councillor Rodrigues believes that these plaques might be a Page 2 Item / Details & Discussion & Conclusion Action Items/ Status Ref# (summary of discussion) (include deadline as appropriate) good way to recognize and identify heritage properties in Pickering. • Discussion ensued regarding having Bert Duclos from the Ministry of Tourism & Culture attend a future Committee meeting and have interested City representatives attend as E. Mason to action well. E. Mason to action. The Committee agreed to hold a special Committee meeting on T. Besso to action either December 6th or 13th for the presentation. T. Besso to arrange details. E. Mason noted she had planned to approach architects who had submitted entries to a competition last year on renovations of heritage properties. She suggested this as a possible E. Mason to action delegation to come out and speak on the process of renovation. 4.0 Correspondence • 4.1. CHO News -quarterly publication was received for information. 4.2. Ministry of Citizenship and Immigration correspondence was received for information. 5.0 New/Other Business C. Sopher advised the Committee of the Heritage Conservation District in the City of Pickering and how this District will no longer be designated. He would like the Committee to advise • Council that they oppose this. M. Sawchuck to research and advise the Committee if they have any jurisdiction to oppose M. Sawchuck to action this. Discussion ensued with respect to the property located at 340 Whitevale Road. The property was renovated and the Committee does not believe that the renovations conform to the Whitevale Guidelines. Discussion ensued on the approval of Heritage Permits and although the final result was not what the Committee envisioned, it was conceded that the permit was approved in accordance with the established process. I. Janton provided the Committee with an update on 560 Park Crescent. The property has been purchased and the City is working towards a heritage designation. I. Janton will continue to update the Committee on the process. Page 3 Item / Details & Discussion & Conclusion Action Items/ Status Ref# (summary of discussion) (include deadline as appropriate) • 6.0 Next Meeting/Adjournment Next Meeting - November 22, 2012 Moved by C. Sopher The meeting adjourned at 9:40 pm. Copy: City Clerk • • Page 4 • City 00 Minutes/Meeting Summary - Advisory Committee on Diversity Thursday, November 8, 2012 PICKERING 7:00 pm Pickering Civic Complex, Main Committee Room Attendees: Kevin Ashe, Councillor, Ward 1 Kirk Mark, Chair Catherine Reidt, Co-Chair Carlisle Miller, Community Appointee Christy Harper, Pickering Public Library Dave Marlowe, City of Pickering Jody Morris, City of Pickering L. Roberts, Recording Secretary Absent: Jacob Yacoumidis, Community Appointee Devinder Panesar, Community Appointee D. Garland, Aids Committee of Durham Keith Richards, DRPS Preet Panesar, Dunbarton High School • P. Anderson, Aids Committee of Durham Margaret Lazarus, Valley Farm Public School Fred Gibson, Pickering Carib Canadian Cultural Association Item/ x Details;:&"Discussion r&Conclusion' � k * > ' � �; EAction /terns%Status' f � �*�n'�,. .i : A�.�tit'.$,a'+"$'4� �.✓�., �S_ �, Y;, �d 2 7 1,� a �.. x'�- .�.Gr .:. a s a F7 ya f a h.� �5.¢ ,.,i o �+� .ai s.,x t. Ref# �, summa oftdiscussion �f ,, > k ( ry � ) f� ,�� ,�G j � ' �(rriclude:deadline as °Y ye!-$&Y�"Sr>;°5 , n.:-£S �' . � ' ' rk\; f n°7 arsi �C ., tf� s&' h .aA.�'.Rti^ia. "`,i i $;i U'9r..ti ti ?�.k y dam;vp. "f st ws' ' �`a"'tr�.k'� ' �"^w rx.:.3�i "�T..a�.- }a''e' ek .t a•• • 4e �y'fir �4r >�;�N?5 r,-. �<7;w� I ..�e:;:ww 7.,,��'s'��i.�'r,:.3szS��'^�'a,�: �L .�.ax. -''�=�.-.�f`��.xd:��.��.ai:.''�� .,�:.,�ar ,, �'�:��c+„?g'� :��, ;� ro•slate 1.0 Welcome &Introductions Kirk Mark K. Mark welcomed everyone to the meeting and introductions were made around the table for the benefit of the guest in attendance. Z0 Approval of Minutes �� ` r �� ; I " 'k . '. , �' MA . .. Approval of agenda Moved by C. Reidt Seconded by C. Harper Carried Moved by C. Harper Seconded by C. Reidt That the minutes of the October 11, 2012 meeting of the Diversity Committee be approved. Carried Page 1 CORP0228-2/02 . B�us� ersis,n,g'from Business Arising from Minutes • K. Mark informed the Committee he had attended the Caribbean night dinner and dance, which was very well attended. He thanked Councillor Ashe for offering the tickets as he was unable to attend. D. Panesar also attended the event. • K. Mark questioned whether there was anything that could be • done on a Committee level to support the initiatives of this organization. It was suggested we invite them to attend a meeting in January. J. Morris provided an update on the previous request for a proclamation for Spiritual and Religious Care Awareness. She noted that a response had been received from the Human Rights Commission informing us it was not within their mandate to direct us on a decision in this matter. J. Morris informed the Committee that she had forwarded this back to the Mayor's office and noted they had not approved the proclamation request. • 3.1) In Your Words Creative Art's Contest • J. Morris provided an update with respect to the Creative Arts Contest. She noted she had confirmed MP Corneliu Chisu, Mike Johnson and Cathy Grant as judges. PRAC has also been confirmed to judge the art submissions. She noted the submission deadline is December 3rd. The judges will be evaluating and choosing the winners on January 17th, 2013.. Councillor Ashe questioned whether the labour dispute involving the teachers would negatively impact the contest this year. C. Reidt indicated she could contact two of the principals, both from the Public School Board to touch base with them and inquire about the contest. She noted they are both very supportive of this program. J. Morris noted she would contact the balance of school principals. The Committee felt hopeful that this outreach would be beneficial and that the labour disputes would have a minimal impact on this year's event. • K. Mark questioned whether there was a contingency plan in place in the event that submissions are lower this year. J. • Page 2 CORP0228-2/02 Morris noted this would not be feasible due to the timeframes with lining up the students. It was also noted that with December being a very busy month, it may not be beneficial to extend the deadline for submissions. J. Morris requested suggestions for speakers. It was the consensus of the Committee to contact Spyder Jones for guest speaker. J. Morris also noted she would contact Pinball J. Morris to action Clements for 2014. The date for the event will be March 20th, 2013 from 7:00 pm to 9:00 pm in the Council Chambers. 3.2) Heritage Day J. Morris provided an update on Heritage Day, which will be held on February 23, 2013 at the Pickering Town Centre from 11:00 am to 5:00 pm. J. Morris noted that this year she was taking a different approach by contacting all previous performers.personally prior. to sending out the letters. This should be completed by mid , November. She also noted [YOU]nity will have a table as well, and they are working on.a Coffee House event possibly for January, 2013. . K. Mark questioned whether we could approach various food vendors in the mall to donate vouchers for all participants, J. Morris/Councillor volunteers as well as performers. J. Morris to canvass. Ashe to action Councillor Ashe also noted he could make contacts. This could be a good incentive for participation. 3.3) Survey J. Morris noted that the City Solicitor had approved the survey. They are currently working on having it placed on the website. J. Morris to action She noted she would forward out the link once it has gone live. She has also contacted the News Advertiser. Discussion ensued with respect to a cut off time for the survey. It was suggested it run from mid November through to mid January, 2013. This will enable time for the college students to compile the results. It was also questioned whether a link could remain on the website once the survey deadline has passed, in order to allow feedback on the findings. This could include contact information for the Diversity Committee. It was also noted there should be a reminder •o out in Janua Page 3 CORP0228-2/02 in the paper, as well as posted on the website, facebook and twitter. $f'eS' 7° T 7 ;�'< 3r s� �`'5- ' t xx •�u= i '• ..; , Al 5_� .,s, 4.1) Human Rights Commission D. Marlowe inquired whether the Committee had any suggestions for a topic for the Human Rights Commission to make a presentation on. He also noted the need to request something specific in order for them to send out a representative. He also explained the Human Rights Commission is more complaint driven. Discussion ensued with respect to various topics, as well as having a public forum which could be held at the Library or in the Council Chambers. It was also suggested the Accessibility Advisory Committee and Pickering Public Library be invited to partner with Diversity on this. A suggested time frame for the forum would be April, 2013. It was also noted that it could be quite helpful to have statistics from the Human Rights Commission regarding the trends over the years on complaints in the area. This would complement nicely with the survey results, and could prove quite helpful. Moved by C. Reidt • That an invitation be extended to the Accessibility Advisory Committee as well as the Pickering Public Library to partner D. Marlowe to action with the Diversity Committee in coordinating a public forum with a representative from the Human Rights Commission. Carried 5 0 7 rr espondenc 4 � �� *,�n.._.dae,n ,w. ..E`.m• -.w »s,.'..:2�.:. .'s_ M'''-d� 5.1) J. Morris noted Councillor Ashe had provided her with an J. Morris to action information sheet from Durham Region noting household statistics. She noted she would forward this out to the -members. 7077`:1 .®tether-T usire'ss - ° 777 ,...... 6.1) Councillor Ashe advised the Committee of the following upcoming events; •• City of Pickering is hosting a Chinese delegation • tomorrow • Correspondence was presented last month at Council requesting support for Durham Region to be an area in III Page 4 CORP0228-2/02 which municipal administration is conducted in both English and French. This was referred to staff for a report. • Remembrance Day observance Sunday, November 11 at11:00am • Santa Claus Parade Saturday, November 10 6.2) J. Morris noted the Mayor's office has proclaimed November 13th as Diwali. She also advised she would be meeting with the Mayor's office with respect to upcoming proclamation requests. She also requested that Committee members forward her any additional proclamations that they J. Morris to action would like to see included. She noted she would email the listing out. 6.3) C. Harper requested that the Library be advised of flag J. Morris to action raisings. J. Morris noted she would inform the Mayor's office of this request. Discussion ensued with respect to the inclusion of aboriginal proclamations. K. Mark suggested having a delegation from the aboriginal community attend a meeting prior to June, 2013. C. Reidt noted she had been attempting to contact a delegation and would continue to do so. 6.3) Resident inquired about accessibility issues at the east side of Pickering Town Centre, near the cinemas. Councillor Ashe suggested he send an email to either himself or Councillor O'Connell as she sits on the Accessibility Advisory Committee. 6.4) The following meeting dates were set for 2013: • January 10 • February 14 • March 14 • April 11 • May 9 • June 13 • J. Morris will forward out a calendar with the meeting dates as J. Morris to action well as events. ..�ee r Adlournnaent dam:" 14 �� The next meeting will be held on January 10, 2013 Meeting Adjourned: 8:40 pm Page 5 CORP0228-2/02 Item"/Y' Detarls &KD►scussiori& Conclus►ori x, • A ction lte ris/ Snafu s Ref# .444(s umm_ary of 711 4 iT ' `, 411+:' 4AS ,n 7, (i cludefdeadlne;as r r y... M 4.0'; :• 1 4 jam, • a% ""'",""'"1", x C • 4, pte) „ s t ` � '• .,. 1 Copy: City • py yCIe rk • • • • • • • • • Page 6 • • CORP0228-2/02 •