HomeMy WebLinkAboutJune 17, 2013NEW ON
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Council Meeting
Agenda
Monday, June 17, 2013
Council Chambers
7:00 pm
1) Invocation
Mayor Ryan will call the meeting to order and lead Council in the
saying of the Invocation.
11) Disclosure of Interest
III) Adoption of Minutes Page
Council Meeting Minutes, May 21, 2013 1 -17
Joint Planning & Development and Executive Committee 18 -26
Minutes, June 10, 2013
IV) Presentations
V) Delegations 27
VI) Correspondence 28 -63
VII) Committee Reports 64 -69
a) Report JT 2013 -06 of the Joint Planning & Development and
Executive Committee, June 10, 2013
VIII) Reports — New and Unfinished Business 70 -80
IX) Motions and Notice of Motions
X) By -laws 81 -94
XI) Confidential Council - Public Report
XII) Other Business
Accessible For information related to accessibility requirements please contact
NN G Linda Roberts
P I C K E R
Phone: 905.420.4660 extension 2928
TTY. 905.420.1739
Email: Irobertsamickerina.ca
XIII) Confirmation By -law
FOR INFORMATION ONLY
• Minutes of the Heritage Pickering Advisory Committee, April 17, 2013
• Minutes of the Accessibility Advisory Committee, April 24, 2013
• Minutes of the Committee of Adjustment, May 1 and May 22, 2013
Present:
Mayor Ryan
Councillors:
K. Ashe
B. McLean
J. O'Connell
D. Pickles
P. Rodrigues
Absent:
D. Dickerson — City Business
Also Present:
Council Meeting Minutes
Tuesday, May 21, 2013
7:00 PM - Council Chambers
T. Prevedel
- Chief Administrative Officer
P. Bigioni
- Director, Corporate Services & City Solicitor, (Acting) City Clerk
M. Carpino
- Director, Culture & Recreation
R. Holborn
- Director, Engineering & Public Works.
T. Melymuk
- Director, City Development
B. Douglas
- Fire Chief
S. Karwowski
- (Acting) Division Head, Finance & Treasurer
L. Roberts
- Committee Coordinator
(II) Invocation
Mayor Ryan called the meeting to order and led Council in the saying of the
Invocation.
(III) Disclosure of Interest
Councillor McLean declared a conflict of interest with respect to Zoning By -law
amendment application A 3/12, he noted that he resided in the area. Councillor
McLean did not take part in the discussion or vote on the matter.
(IV) Adoption of Minutes
Resolution #66/13
Moved by Councillor Pickles
Seconded by Councillor O'Connell
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Council Meeting Minutes
Tuesday, May 21, 2013
7:00 PM - Council Chambers
Council Meeting Minutes, April 22, 2013
Planning & Development Committee Minutes, May 6, 2013
Executive Committee Minutes, May 13, 2013
Carried
(V) Presentations
Rouge Valley Health System Foundation
Mayor Ryan welcomed members of the Rouge Valley Health System Foundation.
Mayor Ryan and Council presented a cheque in the amount of $100,000, which is the
third instalment to the Rouge Valley Health System Foundation for the Image is
Everything Campaign.
(VI) Delegations
Rouge Valley Health System Foundation Update
Dr. Mark Prieditis, Lead MRI Radiologist at Rouge Valley Health System, appeared
before Council to provide an update with respect to the arrival of the MRI at Rouge
Valley Health in 2011. He acknowledged the MRI process improvement initiatives,
including the hiring of additional physicians as well as their participation in a high risk
Ontario breast screening program. He noted this will enable early detection for high
risk patients resulting in less invasive treatments. Dr. Prieditis also stated patients
no longer have to leave their community or face additional wait times for an MRI
scan. To date they have done over 7,000 scans and current wait times for an MRI is
19 days. He also stated that a donor recognition plaque has now been installed in
the waiting area.
Mayor Ryan thanked Dr. Prieditis for his presentation and commended the.Rouge
Valley Health System Foundation Team.
2. Barbara Pulst
License Extension at Pickering Nuclear Generating Station
Barbara Pulst was not present.
3. Janet McNeill
Durham Nuclear Awareness
Re: CNSC Hearing on Properposed POG License Extension at
Pickering Nuclear Generating Station
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On_ ,-
Council Meeting Minutes
Tuesday, May 21, 2013
7:00 PM - Council Chambers
Janet McNeill appeared before Council to express her concerns regarding nuclear
issues, noting she has been involved with Durham Nuclear Awareness for the past two
years. She provided a brief history of Durham Nuclear Awareness. She stated an
urgent need for a review of emergency planning prior to the re- licensing agreement
with Ontario Power Generation. Ms. McNeill stated the main concern is with the age
of the reactors, noting they are being pushed beyond 210,000 hours, making them
more susceptible to breakdowns. She also noted that in the event of a large accident,
over 5,000 people would need to be evacuated. She noted concerns regarding the
de- commissioning of the plant as well as storage of nuclear waste. Ms. McNeill
provided hand outs which include report recommendations.
Discussion period ensued with Members posing questions relating to evacuation,
storage of nuclear waste, as well as the frequency in which reports are received from
OPG.
4. Tatyana Moro
Rogers Communications Inc.
Re: Proposed Telecommunication Tower Installation
Petticoat Creek Park, Installation #47
Tatyana Moro, Municipal Relations Specialist, Rogers Communications Inc., appeared
before Council with respect to the telecommunication tower installation at Petticoat
Creek. Ms. Moro summarized the process undertaken by Rogers Communications,
noting the concessions made as a result of public comments received. She indicated
that there would be a more pleasing design and the structure would be moved further
back to allow for a 200 metre buffer. She also noted this would be a co- locatable
structure, which would eliminate the need for additional infrastructure in the area. She
stated that she felt the process has been very transparent and effective and hoped
that Council would take into consideration the concessions made.
A question and answer period ensued with Members posing various questions for
clarification. It was noted that most of the concerns raised had been in regards to
location in proximity to a residential area. Clarification was provided with respect to
co- locating, and how many additional carriers could be accommodated. Ms. Moro
also responded to questions regarding the approval process and the proponents right
to appeal.
Councillor Rodrigues expressed his concerns with the lack of technical expertise in
response to his concerns.
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(VII) Correspondence
Corr. 17 -13
Neil MacCarthy
Director, Public Relations & Communications
Archdiocese of Toronto
1155 Yonge Street
Toronto, ON M4T 1W2
A brief discussion period ensued.
Resolution #67/13
Moved by Councillor Pickles
Seconded by Councillor Rodrigues
Council Meeting Minutes
Tuesday, May 21, 2013
7:00 PM - Council Chambers
That Corr. 17 -13 received from Neil MacCarthy, Director, Public Relations &
Communications Archdiocese of Toronto, which outlines concerns relating to
gambling, gaming and casinos be received for information.
Carried
2. Corr. 18 -13
Barbara Pulst
909 Vistula Drive
Pickerina. ON L1W 21-6
Discussion ensued with respect to correspondence received from Barbara Pulst.
Members noted concerns with the lack of dialogue regarding the re- licensing
agreement with Ontario Power Generation, as well as waste disposal, noting the
need for future discussions relating to this issue. Councillor O'Connell requested
Council receive a copy of OPG Safety Studies that were submitted for the five year
re- licensing agreement. She also felt the process should have included a resolution
of Council for approval of the re- licensing agreement. It was also requested that a
representative from OPG appear before Council to address concerns.
Mayor Ryan responded to concerns raised by Members, providing clarification on the
procedures followed and addressing the issue of nuclear storage, noting this was a
separate licensing process. Mayor Ryan stated that the license is for ten years and
will be up for re- licensing again in 2018. He indicated there would be a review in
2014, where concerns relating to nuclear waste disposal could be addressed at that
time.
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Resolution #68/13
Moved by Councillor Pickles
Seconded by Councillor Rodrigues
Council Meeting Minutes
Tuesday, May 21, 2013
7:00 PM - Council Chambers
That Corr. 18 -13 received from Barbara Pulst, outlining concerns with respect to the
City of Pickering's support of a five year re licensing agreement with Ontario Power
Generation and the processes involved be received for information.
Carried
3. Corr. 19 -13
Wayne Robbins, Chief Nuclear Officer
Ontario Power Generation
889 Brock Road
Pickering, ON L1W 3J2
A brief discussion period ensued. Mayor Ryan stated he would forward a letter on to
OPG to request representation at a future meeting to provide updates on the
Pickering Nuclear Station. It was also recommended that the issues raised in the
letter from Barbara Pulst be included.
Resolution #69/13
Moved by Councillor Pickles
Seconded by Councillor Rodrigues
That Corr. 19 -13 received from Wayne Robbins, Chief Nuclear Officer, OPG,
confirming their commitment to fund a City of Pickering financial /economic impact
and land use study of the retirement of the Pickering Nuclear Generating Station be
received for information.
Carried
(VIII) Committee Reports
a) Report PD 2013 -05 of the Planning & Development Committee
Director, City Development, Report PLN 08 -13
Pickering Rouge Canoe Club
Request for Extension of Lease Agreement with
Toronto and Region Conservation Authority
For Paddling Facility on West Spit of Frenchman's Bay
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Council Decision
Council Meeting Minutes
Tuesday, May 21, 2013
7:00 PM - Council Chambers
That Report PLN 08 -13 of the Director, City Development, regarding the
Pickering Rouge Canoe Club's use of the West spit, be received;
2. That the request of the Pickering Rouge Canoe Club to extend its lease
agreement with the Toronto and Region Conservation Authority for three years
on an annual basis commencing with the period November 1, 2012 to October
31, 2013 and expiring October 31, 2015, to accommodate a temporary
compound on the West spit of Frenchman's Bay for the storage of canoes, and
kayaks within trailers, associated with the Club's paddling facility, be supported
by Pickering Council; and
3. Further, that the City Clerk forward a copy of Report PLN 08 -13 to the Toronto
and Region Conservation Authority and the Pickering Rouge Canoe Club.
Director, City Development, Report PLN 11 -13
Duffins Precinct — Southern Lands Environmental. Servicing Plan Update
and
Draft Plan of Subdivision Application SP- 2011 -04
Zoning By -law Amendment Application A 17/11
Kindwin (Brock) Development Corporation
Part of Lot 18, Concession 2
(2077 & 2095 Brock Road)
Council Decision
That Council endorse the recommendations of the Duffins Precinct Southern
Lands Environmental Servicing Plan Update, Final Report dated November 2012,
prepared by Sernas Associates (now GHD), summarized in Attachment #3 to
Report PLN 11 -13;
2. a) That Draft Plan of Subdivision SP- 2011 -04 submitted by Kindwin (Brock)
Development Corporation, on lands being Part of Lot 18, Concession 2, to
permit a residential plan of subdivision for 154 dwelling units, and blocks for
park, stormwater, open space and road widening uses, as shown on the
Staff Recommended Plan on Attachment #6 to Report PLN 11 -13, and the
implementing conditions of approval as set out in Appendix I, be endorsed;
and
b) That Zoning By -law Application A 17/11 submitted by Kindwin (Brock)
Development Corporation, to implement Draft Plan of Subdivision SP -2011-
04, as outlined in Appendix II to Report PLN 11 -13, be endorsed, and that
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Cis Council Meeting Minutes
Tuesday, May 21, 2013
7:00 PM - Council Chambers
staff be authorized to finalize and forward an implementing zoning by -law to
Council for enactment;
3. That Council authorize staff to initiate an amendment to the Pickering Official
Plan and revisions to the Duffins Precinct Development Guidelines to reflect
updated information and implement land use, transportation and environmental
recommendations of the Duffins Precinct Southern Lands Environmental
Servicing Plan Update, including the recommendations outlined in section 2.3 of
Report PLN 11 -13; and
4. Further, that a copy of Report PLN 11 -13 and Council's resolution be forwarded
to the Region of Durham, Toronto and Region Conservation Authority, Durham
School Boards and the Duffins Precinct Landowners Group for information.
5. Director, City Development, Report PLN 13 -13
Proposed Telecommunication Tower Installation
Public Mobile
North side of Highway 401 right -of -way at the south limit of Altona Road
Installation #28
Council Decision
That Public Mobile be advised that City Council supports the proposed 29.9
metre high telecommunication tower installation on the Highway 401 right -of -way
at the south limit of Altona Road based on the design and other details submitted
with this request; and
2. Further, that the Director, City Development be authorized to forward a letter to
Industry Canada requesting their assistance to encourage Rogers Wireless to
relocate their telecommunication equipment from an adjacent tower onto the
proposed Public Mobile tower to minimize the presence of the telecommunication
structures.
6. Notice of Motion
Canadian Junior National Dragon Boat Team
Whereas the Canadian Junior National Dragon Boat Team has earned the right to
compete in the World Dragon Boat Championships in Szeged, Hungary in July, 2013;
Whereas the City of Pickering actively promotes Dragon Boating and the team building
it instils within the competitors, and has always appreciated their presence on
Frenchman's Bay;
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Council Meeting Minutes
Tuesday, May 21, 2013
7:00 PM - Council Chambers
Whereas there have been seven girls and boys from Pickering who have been
selected to be part of the team, who will not only represent their nation, Canada, but
will in particular be representing their home town — Pickering;
Now Therefore Be It Resolved That The City of Pickering make a grant contribution in
the amount of $500.00 towards the expenses of the Canadian Junior National Dragon
Boat Team to compete in the World Dragon Boat Championships.
Resolution #70/13
Moved by Councillor Pickles
Seconded by Councillor Ashe
That Report PD 2013 -04 of the Planning & Development Committee, dated May 6,
2013, be adopted, save and except Item Nos. 2 and 4.
2. Director, City Development, Report PLN 09 -13
Draft Plan of Subdivision Application SP- 2012 -01 (Revised)
Draft Plan of Condominium Application CP- 2012 -02 (Revised)
Zoning By -law Amendment Application A 3/12 (Revised)
2307038 Ontario Inc.
1803, 1807, 1811, 1817 and 1823 Fairport Road
Resolution #70A/13
Moved by Councillor Pickles
Seconded by Councillor Ashe
Carried
That Draft Plan of Subdivision Application SP- 2012 -01 (Revised), submitted by
2307038 Ontario Inc., on lands being Part of Lots 105 and 109 and Lots 106 to
108 on RCP Plan 1051, to establish 3 blocks for residential, open space and
road widening uses as shown on Attachment #3, and the implementing
conditions as set out in Appendix I, be endorsed;
2. That Zoning By -law Amendment Application A 3/12, submitted by 2307038
Ontario Inc., to implement the Draft Plan of Subdivision SP- 2012 -01 (Revised)
and to permit the development of 31 lots for detached dwellings on a common
element condominium road, be endorsed as outlined in Appendix II, and that staff
be authorized to finalize and forward an implementing Zoning By -law Amendment
to Council for enactment; and
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Council Meeting Minutes
Tuesday, May 21, 2013
7:00 PM - Council Chambers
3. Further, that an amendment to the Dunbarton Neighbourhood Development &
Design Guidelines — Neighbourhood Concept Plan, as generally set out in
Appendix III be endorsed, and brought forward for Council approval with the
implementing Zoning By -law.
Carried
4. Director, City Development, Report PLN 12 -13
Proposed Telecommunication Tower Installation
Rogers Communications Inc.
Petticoat Creek Park, Installation #47
Discussion ensued with staff responding to a number of procedural questions raised
with respect to the process of the report being brought to Council after being lost at
Committee level. It was requested that other municipalities as well as the Region of
Durham be consulted with respect to these procedural matters and to clarify whether
this is a requirement under the Planning Act. Staff will review the matter and provide
further information accordingly.
Councillor McLean noted he still has concerns with tower installations in parks, but
was pleased to note it would be camouflaged.
Resolution #71/13
Moved by Councillor Pickles
Seconded by Councillor Ashe
That Rogers Communications Inc. be advised that City Council supports the
location of the proposed 45 metre high telecommunication tower installation at
Petticoat Creek Park; and
2. Further, that staff be authorized to work with Rogers Communications Inc. to
investigate an alternative architectural design of the telecommunication tower to
better camouflage the structure and improve visual harmony with the surrounding
natural area.
Yes
Councillor Ashe
Councillor McLean
Councillor Pickles
Mayor Ryan
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Carried on a Recorded
Vote as Follows
No
Councillor O'Connell
Councillor Rodrigues
b) Report EC 2013 -05 of the Executive Committee
Council Meeting Minutes
Tuesday, May 21, 2013
7:00 PM - Council Chambers
Director, Engineering & Public Works, Report ENG 04 -13
Greenwood Conservation Lands Master Plan
Council Decision
That Report ENG -04 -13 of the Director, Engineering & Public Works regarding
Greenwood Conservation Lands Master Plan be received;
2. That the Greenwood Conservation Lands Master Plan dated November 2012 be
endorsed by Council;
3. 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.
2. Director, Engineering & Public Works, Report ENG 07 -13
Tender for Various Bridge Improvements and Upgrades
- Tender No. T -5 -2013
Council Decision
That Report ENG 07 -13 of the Director, Engineering & Public Works regarding
Tender No. T -5 -2013 for Various Bridge Improvements and Upgrades be
received:
2. That Tender No. T -5 -2013 as submitted by 002274084 Ontario Ltd., o/a GMP
Contracting for Various Bridge Improvements and Upgrades in the total tendered
amount of $218,052.71 (HST included) be accepted;
3. That the total gross project cost of $290,415.00 (HST included), including the
tender amount and other associated costs and the total net project cost of
$261,528.00 (net of HST rebate) be approved;
4. That Council authorizes the (Acting) Division Head, Finance & Treasurer to
finance the project in the amount of $261,528.00 as follows:
a) the sum of $231,600.00 as provided for in the 2012 Roads Capital Budget
to be funded from the Provincial Grant - Investing in Ontario;
b) the sum of $13,400.00 as provided for in the 2012 Roads Capital Budget to
be funded from the Move Ontario Reserve
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Council Meeting Minutes
Tuesday, May 21, 2013
7:00 PM - Council Chambers
c) the additional balance of $16,528.00 to be funded from the Provincial Grant
Investing in Ontario; and
5. That the appropriate City of Pickering officials be authorized to take necessary
action to give effect thereto.
3. Director, Culture & Recreation, Report CR 08 -13
Tender No. T -4 -2013
- Tender for Replacement of Air Handling Units and Return Fans,
Pickering Recreation Complex
Council Decision
That Report CR 08 -2013 of the Director, Culture & Recreation regarding the
replacement of the Air Handling Units and Return Fans at the Pickering
Recreation Complex be received;
2. That Tender No. T -4 -2013 submitted by Canadian Tech Air Systems Inc. at a
cost of $142,577.75 (HST included) be accepted;
3. That the total gross project cost of $198,194.00 (HST included), including the
tender amount and other associated costs, and the total net project cost of
$178,480.00 (net of HST rebate) be approved;
4. That Council Authorize the (Acting) Division Head, Finance & Treasurer to
finance the project in the amount of $178,480.00 from the Federal Gas Tax
Reserve Fund; and
5. That the appropriate City of Pickering officials be authorized to take necessary
action to give effect thereto.
5. Director, Corporate Services & City Solicitor, Report FIN 05 -13
2013 Tax Rates and' Final Tax Due Dates for All Realty Tax Classes
Except for Commercial, Industrial & Multi- Residential Realty Classes
Council Decision
That Report FIN 05 -13 of the Director, Corporate Services & City Solicitor
regarding the 2013 tax rates be received;
2. That the 2013 tax rates for the City of Pickering be approved as contained in
Schedule A of the By -law attached hereto;
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Council Meeting Minutes
Tuesday, May 21, 2013
7:00 PM - Council Chambers
3. That the tax levy due dates for the Final Billing be June 27, 2013 and September
27, 2013 excluding the industrial, multi - residential and commercial realty tax
classes;
4. That the attached By -law be approved;
5. That the (Acting) Division Head, Finance & Treasurer be authorized to make any
changes or undertake any actions necessary to comply with Provincial
regulations including altering due dates or final tax rates to ensure that the
property tax billing process is completed; and,
6. That the appropriate City of Pickering officials be authorized to take the
necessary actions to give effect thereto.
6. Director, Corporate Services & City Solicitor, Report FIN 07 -13
Investment Portfolio Activity for the Year Ended December 31, 2012
Ontario Regulation 292/09 under the Municipal Act, 2001
Council Decision
It is recommended that Report FIN 07 -13 of the Director, Corporate Services & City
Solicitor regarding Investment Portfolio Activity for the Year Ended December 31, 2012
be received for information.
7. Director, Corporate Services & City Solicitor, Report FIN 09 -13
Development Charges Reserve Fund — Statement of the Treasurer for the
Year ended December 31. 2012
Eta
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Council Decision
That Report FIN 09 -13 of the Director, Corporate Services & City Solicitor respecting
the Development Charges Reserve Fund be received for information.
Director, Corporate Services & City Solicitor, Report FIN 10 -13
2012 Pre -Audit Balances of Reserves and Reserve Funds
Council Decision
That Report FIN 10 -13 of the Director, Corporate Services & City Solicitor regarding
the 2012 pre -audit balances of reserves and reserve funds be received for information.
Director, Corporate Services & City Solicitor, Report FIN 11 -13
Cash Position Report as at December 31, 2012
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Council Decision
Council Meeting Minutes
Tuesday, May 21, 2013
7:00 PM - Council Chambers
It is recommended that Report FIN 11 -13 from the Director, Corporate Services & City
Solicitor regarding the City's Cash Position as at December 31, 2012 be received for
information.
10. Director, Corporate Services & City Solicitor, Report FIN 12 -13
2012 Building Permit Stabilization Reserve Fund
Council Decision
It is recommended that Report FIN 12 -13 from the Director, Corporate Services & City
Solicitor regarding the 2012 Building Permit Stabilization Reserve Fund be received for
information.
Resolution #72/13
Moved by Councillor Pickles
Seconded by Councillor Ashe
That Report EC 2013 -05 of the Executive Committee dated May 13, 2013 be
approved, save and except Item No. 4.
Carried
4. Director, Culture & Recreation, Report CR 09 -13
Tender for Pickering Recreation Complex Banquet Hall and Washroom
Renovation Project
- Tender No. T -7 -2013
A brief discussion period ensued and it was questioned whether staff could look into
painting the lockers.
Resolution #73/13
Moved by Councillor Pickles
Seconded by Councillor Ashe
1. That Report CR 09 -2013 of the Director, Culture & Recreation regarding the
Pickering Recreation Complex Banquet Hall and Washroom Renovation Project
be received;
2. That Tender No. T -7 -2013 submitted by M/2 Group Inc. in the total tendered
amount of $787,358.01 (HST included) be accepted;
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Cttq °o _ Council Meeting Minutes
Tuesday, May 21, 2013
PICKEMG 7:00 PM - Council Chambers
3. That the total gross project cost of $917,432.00 (HST included), including the
tender amount and other associated costs, and the total net project cost of
$826,176.00 (net of HST rebate) be approved;
4. That Council authorize the (Acting) Division Head, Finance & Treasurer to
finance the project in the amount of $826,176.00 as follows:
a) the sum of $228,719.00 as provided for in the 2013 Recreation Complex
Capital Budget to be funded from the Community Infrastructure
Improvement Fund (CIIF);
b) the sum of $490,000.00 as provided for in the 2013 Recreation Complex
Capital Budget to be financed by the issue of debentures by The Regional
Municipality of Durham over a period not to exceed 10 years;
c) the sum of $100,000.00 as provided for in the 2012 Recreation Complex
Capital Budget to be funded from the Federal Gas Tax Reserve Fund
(FGT); and
d) the balance of $7,457.00 to be funded from property taxes; and
5. That the draft by -law attached to this report be enacted; and
6. That the appropriate City of Pickering officials be authorized to take necessary
action to give effect thereto.
Carried
(IX) Notice of Motion
2014 Draft Ballot Question — City of Pickering Gaming Facility
Discussion took place with questions raised regarding the process for placing a question on
the 2014 ballot. It was questioned at what point in the process the question could be
amended, and whether OLG had confirmed that the City of Pickering has met the
requirements for public notification. Concerns were also noted with delaying a decision as
well as the proliferation of questions.
Moved by Councillor Rodrigues
Seconded by Councillor Ashe
That the main motion be tabled.
Resolution # 74/13
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Yes
Councillor Ashe
Councillor Pickles
Councillor Rodrigues
Resolution #75/13
Moved by Councillor McLean
Seconded by Councillor O'Connell
Council Meeting Minutes
Tuesday, May 21, 2013
7:00 PM - Council Chambers
Motion Lost on a Recorded
Tie Vote as Follows
No
Councillor McLean
Councillor O'Connell
Mayor Ryan
Whereas in May 2012 the Ontario Lottery and Gaming Corporation ( "OLG ")
implemented its Modernization Plan for lottery and gaming in Ontario; and
Whereas OLG's Modernization Plan created Gaming Zones within which existing or
new gaming facilities will be permitted subject to municipal and other approvals; and
Whereas the OLG Modernization Plan established Gaming Zone C3 consisting of the
Towns of Ajax and Whitby and the City of Pickering; and
Whereas the Towns of Ajax and Whitby and City of Pickering have identified
themselves as willing hosts of an OLG gaming facility; and
Whereas confirmation by a municipality that it is a willing host of an OLG gaming
facility does not constitute a commitment to actually having a casino or other gaming
facility; and
Whereas part of the consultation process under Ontario Regulation 81/12 requires
public consultation by the City of Pickering; and
Whereas if OLG chooses a qualified service provider for a casino in the City of
Pickering, Council works with the selected provider through public consultation to
determine the final location and required zoning and site plan conditions; and
Whereas in order to obtain City wide public input, the Council of the City of Pickering
has the opportunity to put a question on the ballot for the 2014 regular municipal
election to determine if the residents want a gaming facility;
Now therefore the Council of The Corporation of the City of Pickering hereby directs
the City Clerk to follow the process for putting the following question on the ballot of
the 2014 regular municipal election:
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Council Meeting Minutes
Tuesday, May 21, 2013
7:00 PM - Council Chambers
Are you in favour of a gaming facility (casino) in the City of Pickering?
Yes No
Yes
Councillor McLean
Councillor O'Connell
Councillor Pickles
Councillor Rodrigues
Mayor Ryan
(X) By-laws
Carried on a Recorded
Vote as Follows
No
Councillor Ashe
7279/13 Being a by -law to adopt the estimates of all sums required to be raised
by taxation for the year 2013 and to establish the Tax Rates necessary
to raise such sums and establish the final due dates for the residential,
pipeline, farm and managed forest realty tax classes.
7280/13 Being a by -law to appoint Matthew Holloway, Mark Farhat and Jessie
James Leonard as Municipal Law Enforcement Officers for the purpose
of enforcing the by -laws of The Corporation of The City of Pickering.
7281/13 Being a by -law to exempt Block 1, Plan 40M -2494, Pickering, from the
part lot control provisions of the Planning Act.
7282/13 Being a by -law to authorize the Pickering Recreation Complex Banquet
Hall and Washroom Renovation Project in the City of Pickering and the
issuance of debentures in the amount of $490,000.00.
Resolution #76/13
Moved by Councillor McLean
Seconded by Councillor Pickles
That By -law Nos. 7279/13 through 7282/13, be approved.
(XI) Confirmation By -law
By -law Number #7283/13
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Carried
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Council Meeting Minutes
Tuesday, May 21, 2013
7:00 PM - Council Chambers
Councillor O'Connell, seconded by Councillor McLean moved for leave to introduce a
By -law of the City of Pickering to confirm those proceedings of the Council of The
Corporation of The City of Pickering at its Regular Meeting of May 21, 2013.
(XII) Adjournment
Moved by Councillor O'Connell
Seconded by Councillor Rodrigues
That the meeting be adjourned at 9:31 pm.
Dated this 21st day of May, 2013.
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Carried
Mayor Ryan
Paul Bigioni
(Acting) City Clerk
citq °o Joint Planning & Development and
= Executive Committee Meeting Minutes
Monday June 10, 2013
7:00 pm - Council Chambers
Chair: Councillor Pickles
Present:
Mayor Ryan
Councillors:
K. Ashe
D. Dickerson
B. McLean
J. O'Connell
D. Pickles
P. Rodrigues
Also Present:
P. Bigioni
- Director, Corporate Services & City Solicitor
M. Carpino
- Director, Culture & Recreation
R. Holborn
- Director, Engineering & Public Works
T. Melymuk
Director, City Development
B. Douglas .
- Fire Chief
D. Shields
- City Clerk
S. Karwowski
- (Acting) Division Head, Finance & Treasurer
K. Senior
- Manager, Accounting Services
(1) Disclosure of Interest
No disclosures were noted.
(11) Delegations
Paula Jesty, Deloitte & Touche
Paula Jesty, Deloitte & Touche, appeared before the Committee to present the
results of the 2012 Year End Audit. She summarized the items in the report,
noting no significant deficiencies with regards to internal controls. Ms. Jesty also
explained the reporting requirements and outlined the various audit risk areas.
She noted she would be available to answer any questions.
A brief question and answer period ensued where Ms._Jesty provided clarification
with respect to the unadjusted differences.
Moved by Councillor Dickerson
Seconded by Councillor McLean
1
Joint Planning & Development and
- Executive Committee Meeting Minutes
PICKEIqNG Monday June 10, 2013
7:00 pm - Council Chambers
Chair: Councillor Pickles
That the rules of procedure be suspended in order to change the order of business to
allow Part B - Executive Committee Reports to be dealt with first.
Carried
Part B — Executive Committee Reports
1. Director, Corporate Services & City Solicitor, Report FIN 13 -13
2012 Year End Audit
Recommendation
Moved by Councillor O'Connell
Seconded by Councillor Ashe
1. That Report FIN 13 -13 of the Director, Corporate Services & Solicitor be
received;
2. That the Year -end Communication Report as submitted by Deloitte LLP
( Deloitte) be received for information; and,
3. That the 2012 draft Audited Consolidated Financial Statements for the City of
Pickering be approved.
Carried
2. Director, Engineering & Public Works, Report ENG 09 -13
Tender for Asphalt Resurfacing on Rosebank Road
- Tender No. T -20 -2013
Recommendation
Moved by Councillor O'Connell
Seconded by Councillor Ashe
1. That Report ENG 09713 of the Director, Engineering & Public Works regarding
Tender for Asphalt Resurfacing on Rosebank Road be received;
2. That Tender No. T -10 -2013 as submitted by Coco Paving Inc. for Asphalt
Resurfacing on Rosebank Road in the total tendered amount of $141,025.79
(HST included) be accepted;
2
citq 00 Joint Planning & Development and
` - Executive Committee Meeting Minutes
Monday June 10, 2013
7:00 pm - Council Chambers
Chair: Councillor Pickles
3. That the total gross project cost of $159,310.00 (HST included), including the
tender amount and other associated costs and the total net project cost of
$143,464.00 (net of HST rebate) be approved;
4. That Council authorizes the (Acting) Division Head, Finance & Treasurer to
finance the project in the amount of $143,464.00 from Other Revenue York
Region (South East Collector Enhancements) be approved; and
5. That the appropriate City of Pickering officials be authorized to take necessary
action to give effect thereto.
Carried
3. Director, Engineering & Public Works, Report PW 03 -13
Tender No. T -6 -2013
- Reconstruction of Tennis Courts — David Farr Park and Claremont Park
A brief discussion period ensued. Councillor McLean questioned when the
resurfacing was last done and what the life span was.
Recommendation
Moved by Councillor O'Connell
Seconded by Councillor Ashe
That Report PW 03 -13 of the Director, Engineering & Public Works regarding
Tender No. T -6 -2013 for Reconstruction of Tennis Courts - David Farr Park and
Claremont Park be received;
2. That Tender No. T -6 -2013 submitted by Court Contractors Ltd. for
Reconstruction of Tennis Courts - David Farr Park and Claremont Park in the
amount of $224,343.70 (HST included) be accepted;
3. That the total gross project cost of $251,355.00 (HST included) including the
tender amount and other associated costs and the total net project cost of
$226,353.00 (net of HST rebate) be approved;
4. That Council authorize the (Acting) Division Head, Finance & Treasurer to
finance the sum of $226.353.00 as approved in the 2011 and 2013 Capital
Budgets from Parkland Reserve Fund; and
3
Joint Planning & Development and
Executive Committee Meeting Minutes
Monday June 10, 2013
7:00 pm - Council Chambers
Chair: Councillor Pickles
5. That the appropriate City of Pickering officials be authorized to take necessary
action in order to give effect thereto.
Carried
4. Director, Engineering & Public Works, Report PW 04 -13
Supply and Delivery of One New Current Model Year Road Grader
- Quotation No. Q -23 -2013
Discussion period ensued with Councillor Rodrigues questioning how far abroad the
City of Pickering goes when tendering for vendors and how fair value is determined
with respect to trade ins.
Recommendation
Moved by Councillor O'Connell
Seconded by Councillor Ashe
1. That Report PW 04 -13 of the Director, Engineering & Public Works regarding
Quotation No. Q- 23- 2013.for the Supply and Delivery of One New Current
Model Year Road Grader be received;
2. That Quotation No. Q -23 -2013 as submitted by Nortrax Canada Inc. in the total
quotation amount of $246,193.10 (HST included), for the Supply and Delivery of
One New Current Model Year Road Grader, including a trade -in on the City's
2002 Volvo 740VHP be accepted;
3. That the total gross project cost of $249,583.00 (HST included), including the
quotation amount and other associated costs, and the total net project cost of
$224,757.00 (net of HST rebate) be approved;
4. That Council authorize the (Acting) Division Head, Finance and Treasurer to
finance the net project cost of $224,757.00 as follows:
a) that the sum of $220,000.00, be financed by the issue of debentures by The
Regional Municipality of Durham over a period not to exceed five years, at a
rate to be determined;
b) that the sum of $4,757.00 be funded from property taxes;
c) that the annual repayment charges in the approximate amount $47,000.00 be
included in the annual Current Budget for the City of Pickering, commencing
in 2014 and continuing thereafter until the debenture financing is repaid; and
any financing cost to be paid out of the Current Budget;
Joint Planning & Development and
' - Executive Committee Meeting Minutes
PI Monday June 10, 2013
7:00 pm - Council Chambers
Chair: Councillor Pickles
5. That the draft by -law attached to this report be enacted; and
6. That the appropriate City of Pickering Officials be authorized to take necessary
action to give effect thereto.
Carried
5. Director, Engineering & Public Works, Report PW 05 -13
Supply and Delivery of One New 41,000 LB. GVW Dump Truck with Snow Plow
and Wing
- Quotation No. Q -22 -2013
Recommendation
Moved by Councillor O'Connell
Seconded by Councillor Ashe
That Report PW 05 -13 of the Director, Engineering & Public Works regarding
the Supply and Delivery of One New 41,000 LB. GVW Dump Truck with Snow
Plow and Wing be received;
2. That Quotation No. Q -22 -2013, as submitted by Tallman Truck Centre Limited
for the Supply and Delivery of One New 41,000 LB. GVW Dump Truck with
Snow Plow and Wing in the amount of $211,310.00 (HST included) be
accepted;
3. That the total gross project cost of $212,440.00 (HST included) and a net
project cost of $191,309.00 (net of HST rebate) be approved;
4. That Council authorize the (Acting) Division Head, Finance &Treasurer to
finance the project as follows;
a) that the sum of $190,000.00 be financed by the issue of debentures through
the Regional Municipality of Durham for a period not exceeding five years, at
a rate to be determined;
b) that the balance of $1,309.00 be funded from property taxes;
c) that the annual repayment charges in the approximate amount of $41,000.00
be included in the annual Current Budget for the City of Pickering
commencing in 2014 and continuing thereafter until the debenture financing
is repaid and any financing cost to be paid out of the Current Budget;
5
City 4 _ Joint Planning & Development and
Executive Committee Meeting Minutes
Al
Monday June 10, 2013
7:00 pm - Council Chambers
Chair: Councillor Pickles
5. That the draft by -law attached to this report be enacted; and
6. That the appropriate City of Pickering Officials be authorized to take necessary
action to give effect.
Carried
6. Director, Corporate Services & City Solicitor, Report FIN 14 -13
Section 357/358 of the Municipal Act— Adjustment to Taxes
Recommendation
Moved by Councillor O'Connell
Seconded by Councillor Ashe
1. That Report FIN 14 -13 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
7. Director, Corporate Services & City Solicitor, Report FIN 15 -13
Development Charges — Annual Indexinq
Recommendation
Moved by Councillor O'Connell
Seconded by Councillor Ashe
1. That Report FIN 15 -13 of the Director, Corporate Services & City Solicitor be
received;
2. That effective July 1, 2013 as provided for in Section 16 of By -law 6978/09, the
Development Charges referred to in Sections 6 and 11 of that By -law be
increased by 0.8 percent; and,
IX
0
Joint Planning & Development and
Executive Committee Meeting Minutes
Monday June 10, 2013
7:00 pm - Council Chambers
Chair: Councillor Pickles
3. That the appropriate officials of the City of Pickering be given authority to give
effect thereto.
Carried
Director, Corporate Services & City Solicitor, Report FIN 16 -13
2013 Property and Liability Insurance Renewal (Six Months)
Discussion ensued with questions raised regarding pooling and whether this had
been looked into for cost savings. It was also questioned when this last went out to
tender, and the City's policy in this regard. It was also questioned how many claims
the City has processed.
Recommendation
Moved by Councillor O'Connell
Seconded by Councillor Ashe
That Report FIN 16 -13 of the Director, Corporate Services & City Solicitor
regarding the insurance renewal be received;
2. That the City of Pickering renew its property, liability and other insurance
policies through the Frank Cowan Company for the period July 1, 2013 to
January 1, 2014 in the amount of $391,913 ( plus applicable taxes) and
inclusive of terms and conditions acceptable to the (Acting) Division Head
Finance & Treasurer;
3. That L.V. Walker & Associates be confirmed as the City's Adjuster of Record for
property, liability and other insurance and related matters;
4. That the (Acting) Division Head, Finance & Treasurer be authorized to settle
any claims including any adjusting and legal fees, where it is in the City's
interest to do so;
5. That the (Acting) Division Head, Finance & Treasurer be authorized to
purchase additional insurance, make changes to deductibles and existing
coverages, and alter terms and conditions as becomes desirable or necessary
in order to limit potential liability exposure and to protect the assets of the City
and its elected officials and staff; and,
7
Joint Planning & Development and
Executive Committee Meeting Minutes
PICRFRING Monday June 10, 2013
7:00 pm - Council Chambers
Chair: Councillor Pickles
6. That the appropriate officials be authorized to take the necessary actions to give
effect thereto.
Carried
Part A - Planning & Development Committee Reports
Director, City Development, Report PLN 14 -13
Zoning By -law Amendment Application A 3/13
OPB Realty Inc. (Pickering Town Centre)
1355 Kingston Road
No members of the public appeared in support of or opposition to the report.
Recommendation
Moved by Councillor O'Connell
Seconded by Councillor Dickerson
That Zoning By -law Amendment Application A 3/13, submitted by OPB Realty Inc.,
to permit a seasonal outdoor Farmers' Market use on lands municipally known as
1355 Kingston Road, be approved, and that the draft zoning by -law, as set out in
Appendix I to Report PLN 14 -13 be forwarded to City Council for enactment.
Carried
2. Director, City Development, Report PLN 16 -13
Official Plan Amendment Application OPA 12 -002 /P
Draft Plan of Subdivision Application SP- 2012 -02
Draft Plan of Condominium Application CP- 2012 -03
Zoning By -law Amendment Application A 5/12
Nanak Creations Inc.
Part of Lot 1, Plan 388 and Block 39, Plan 40M -2086
(283 -299 Finch Avenue)
Discussion period ensued. Councillor Pickles questioned the water issues in the
area of Shadow Place and whether this had been resolved. Staff were requested to
look into this to ensure there are no other drainage concerns in this area.
Recommendation
Moved by Councillor McLean
Seconded by Councillor Dickerson
0
aw, Joint Planning & Development and
Executive Committee Meeting Minutes 4 Monday June 10, 2013
7:00 pm - Council Chambers
Chair: Councillor Pickles
That Official Plan Amendment Application OPA 12- 002 /P, submitted by Nanak
Creations Inc., on lands being Part of Lot 1, Plan 388 and Block 39, Plan 40M-
2086, to redesignate the subject lands from "Urban Residential Areas — Low
Density Areas" to "Urban Residential Areas — Medium Density Areas ", be
approved, as outlined in Appendix I to Report Number PLN 16 -13, and that staff
be authorized to finalize and forward the draft by -law to adopt Amendment No.
24 to the Pickering Official Plan to Council for enactment;
2. That Draft Plan of Subdivision Application SP- 2012 -02, submitted by Nanak
Creations Inc., on lands being Part of Lot 1, Plan 388 and Block 39, Plan 40M-
2086, to establish blocks for residential, road widening and 0.3 metre reserve
uses as shown on Attachment #4 to Report Number PLN 16 -13, and the
implementing conditions as set out in Appendix II, be endorsed; and
3. Further, that Zoning By -law Amendment Application A. 5/12, submitted by Nanak
Creations Inc., to implement the Draft Plan of Subdivision SP- 2012 -02 and to
permit the development of 23 townhouse units on a common element
condominium road, be endorsed as outlined in Appendix III to Report Number
PLN 16 -13, and that staff be authorized to finalize and forward an implementing
Zoning By -law Amendment to Council for enactment.
Carried
(V) Other Business
1). Councillor Ashe requested information be provided with respect to the City of
Pickering's requirements regarding deletion of emails and whether there is a
retention period for retaining deleted emails.
(VI) Adjournment
The meeting adjourned at 8:05 pm.
�7
:uua ul' 1
June 17, 2013
Delegations
Eileen Higdon
Re: Veridian Board
David Coffin
Re: Driveway /Boulevard and Street Parking
Correspondence
Corr. 20 -13
Jackie Tiedeman, Clerk
Municipality of North Middlesex
229 Parkhill Main Street, Box 9
Parkhill, ON NOM 2K0
June 17, 2013
Pages
Council Direction Required
29 -31
Correspondence received from Jackie Tiedeman, Clerk, Municipality of North
Middlesex, seeking Council support for their Notice of Motion which states they
are not a willing host community for Industrial Wind Turbine Projects.
2. Corr. 21 -13 Council Direction. Required
Nicole Wellsbury 32 -63
Manager of Legislative Services /Deputy Clerk
Town of Ajax
65 Harwood Avenue South
Aiax, ON L1 S 21-19
Correspondence received from Nicole Wellsbury, Manager of Legislative
Services /Deputy Clerk, Town of Ajax, seeking Council endorsement of their
recommendations to request the Ontario Government to impose fair and efficient
representation measures on the Regional Municipality of Durham.
North TO
Middlesex
May 8, 2013
Premier Kathleen Wynne
Legislative Building
Queen's Park
Toronto, Ontario
M7A 1A1
Dear Ms. Wynne:
TO:
TO:
Corr. ac)-(3
(:UhiR. FILE
TAKE APR. ACT10N \
CCOfA.tJC.i � �irCC-E�pr. Reyv:,�rd - \)
REC EiVED
CITY OF PICKERING
MAY 1 4 2013
Re: Motion of "Not a Willing Host Community" for IWT Projects CLERK'S OFFICE
Please be advised that the Council of the Municipality of North Middlesex has
unanimously passed the attached motion that we are "Not a Willing Host" community for
Industrial Wind Turbine Projects.
We are one of the many Ontario communities that have had no choice in the
matter of whether we are willing and equipped to undertake having these mega projects
invade and forever change the rural landscape of our community. Our municipality
already has limited financial resources for maintaining our aging infrastructure and now
we are being forced into straining these resources even further with having to hire
solicitors, engineers and project co- ordinators, as small municipalities of our size do not
have the human or economic resources to adequately deal with these highly technical
projects in order to ensure our citizens are properly protected now and in the future.
These projects are being forced onto communities with no regard on how this will
impact these resources and more importantly the health and safety issues that are
attributed to these IWT's.
We are forwarding our motion to all Ontario municipalities, local M.P.P., Monte
McNaughton and local M.P., Bev Shipley, as well as Ontario Progressive Conservative
Leader, Tim Hudak and Ontario NDP Leader, Andrea Howarth for their support and
endorsement.
Sincerely,
edeman
Clerk
Encls.
MUNICIPALITY OF NORTH MIDDLESEX
MOTION
DATE: MAY 6, 2013
MOVED BY COUNCILLOR CORNELISSEN
SECONDED BY COUNCILLOR MCLINCHEY
WHEREAS the Premier of Ontario has recently conveyed the Governments desire to
limit Industrial Wind Turbine (IWTj Projects to communities that are willing hosts;
AND WHEREAS Council -for the Municipality of North Middlesex has received a clear
message from its residents that they are not willing to host to IWTs in North Middlesex;
AND WHEREAS Council for the Municipality of North Middlesex applauds the position
taken by the Premier and the Government;
AND WHEREAS Council represents all citizens within the Municipality, both those in
favour of wind projects and those opposed. As a result, Council needs to maintain a fair
and balanced viewpoint;
AND WHEREAS council is very concerned that the Green Energy Act has substantially
changed the rules for municipalities with respect to wind farm developments by
removing municipal. control over development applications through the traditional zoning
requirements under the planning act approvals for v:ind project developments are no.ti°
controlled by the Ministry of Environment through the Renewable Energy Approval
process, a legislative development that the council strongly opposes;
AND WHEREAS Section 41 of the Electricity Act requires that a municipality provide to
wind project developers without charge access to and use of its road for both
construction and maintenance-of its turbines and electrical infrastructure, including
transmission lines;
AND WHEREAS future jobs of Ontario are going to hinge on efficient energy costs, by
subsidizing the cost of energy by these wind projects, we are limiting the future growth
of Ontario;
THEREFORE based on the consistent position of Council for the Municipality of North
Middlesex and the input received from the community regarding IWT's, the Province of
Ontario and specifically the Ministry of Environment be now advised that the
Municipality of North Middlesex is "NOT A WILLING HOST" for IWT's;
AND THAT this resolution be circulated to Premier Kathleen Wynne, as well as to the
Minister of Environment, Minister of Energy, Minister of Rural Affairs and to all Ontario
municipalities for their support and endorsement.
Mayor
Town of
By the Lake
&RICINALTO:
COPY T0:
I— ill
FILE
TAKE APR. ACTION
TOWN OF AJAX
65 Harwood Avenue South
Ajax ON LI S 2H9
www.ajax.ca
Co LUc, L_ i t ec t o v,, e(�i. , t
Clerk
Please be advised that at its meeting on May 13, 2013 the Council of the Town of Ajax adopted the
following resolution:
1. That the Government of Ontario be requested to impose fair, effective and efficient
representation measures on the Regional Municipality of Durham under the strictest of
conditions.
2. That the Government of Ontario be requested to approve legislation that will require all
municipalities in Ontario to undertake substantive representation reviews at least once in
every three terms of Council (12, ,years) -and to implement the measures necessary to
maintain fair and effective representation.
3. That this report be forwarded to the Premier of Ontario, the Minister of Municipal Affairs and
Housing, the leaders of the opposition parties and their municipal affairs critics, and all
Durham Region MPPs.
4. That this report be forwarded to the Regional Clerk for distribution to all members of Regional
Council.
5. That this report be circulated to lower -tier municipal councils in the Region of Durham with a
request that its recommendations be fully endorsed.
In addition the Town of Ajax respectfully requests that you include this item for endorsement
on your next agenda.
A copy of the staff report has been enclosed. if you require any additional information please do. not
hesitate to contact Martin de. Rond, Director of Legislative & Information Services/Town Clerk, at
905 - 619 -2529 ext 3336 or martin.derond(a)-aiax.ca
Sincerely
Nicole Wellsbury
Manager of Legislative Services /Deputy Clerk
RECEIVED
CITY OF PICKERING
MAY 3 1 2013
CLERK'S OFFICE
TOWN OF AJAX
REPORT
REPORT TO: Council
0 Town of
By the Lake
SUBMITTED BY: Martin de Rond, Director
Legislative and Information Services Department
SUBJECT: Durham Regional Council:
The Need for Fair and Efficient Representation
WARD(S): All
DATE OF MEETING: May 13, 2013
REFERENCE: Various Reports and Presentations
GGC, 2005/10/06, 2007/05/10, 2011/05105, Council, 2011/05/09
RECOMMENDATION:
1. That the Government of Ontario be requested to impose fair, effective and efficient
representation measures on the Regional Municipality of Durham under the strictest of
conditions.
2. That the Government of Ontario be requested to approve legislation that will require
all municipalities in Ontario to undertake substantive representation reviews at least
once in every. three terms of Council (12 years) and to implement -the measures
necessary to maintain fair and effective representation.
3. That this report be forwarded to the Premier of Ontario, the Minister of Municipal
Affairs and Housing, the leaders of the opposition parties and their municipal affairs
critics, and all Durham Region MPPs.
4. That this report be forwarded to the Regional Clerk for distribution to all members of
Regional Council.
5. That this report be circulated to lower -tier municipal councils in the Region of Durham
with a request that its recommendations be fully endorsed.
BACKGROUND:
Democracy
"A form of government in which the supreme power is vested in the people. " (Webster's).
Democracy: The Importance of Voter Equality and Representation-by-Population
"Voter equality means that every Canadian's vote should have the same value... This principle is
enshrined in the Canadian Constitution and is also referred to as `representation -by- population.'
Representation -by- population stands as the most important legal principle to apply when
designing electoral boundaries in Canada..... The principle ensures that all Canadians are
treated as equals and taken into account by their political representatives." 1
1. Pal, M. and Molson, M., "Moving Toward Voter EqualiV, Mowat Centre, School of Public Policy and Governance,
University of Toronto, November 2012, p 3.
Subject: Durham Regional Council - The Need For Fair and Efficient Representation Page 2
Democracv: The Right to Fair Representation
'The principle of representation -by- population is widely seen as a cornerstone of most modern
democracies... Citizens of democratic states tend to require compelling reasons to violate the
principle.'
Andrew Sancton, Professor of Political Science, Western University (UWO)
➢ Expert in the fields of Canadian local government and democratic representation..
➢ Three -time member of the Federal Electoral Boundaries Commission for Ontario
"One of the basic premises of representative democracy in Canada is what might liberally be
termed 'electoral equality' - the belief that the geographic areas used to elect a representative
should be reasonably balanced with one another in terms of population. "3
Robert Williams, Professor Emeritus, Political Science, University of Waterloo
➢ Pre - eminent consultant to Ontario municipalities on representation issues..
The Supreme Court of Canada and the Right to "Effective Representation"
The 1991 Supreme Court of Canada "Carter Decision" (Reference re Prov. Electoral Boundaries
(Sask.), [1991] 2 S.C.R. 158) is the acknowledged authority on the responsibility entrusted to
our elected officials to respect the democratic rights of all electors and has established an
ethical base that is used to guide representation reviews at all levels of government in Canada.
Although not binding on municipalities, the Carter Decision principles have been referenced in
numerous municipal council representation studies and Ontario Municipal Board decisions.
In its decision, the Court noted that "absolute voter parity, where all electoral districts would
contain exactly the same number of electors, is an impossible objective. Instead, the Court
maintained that electors are entitled to "effective representation." This principle recognizes that
variances from the normal representation -by- population (rep -by -pap) objectives are legitimate
and often necessary, on the basis that "...geography, community history, community interests
and minority representation may need to be taken into account to ensure that our legislative
assemblies effectively represent the diversity of our social mosaic. "(p. 33)
Beyond these justified exceptions, however, the decision identified the "relative parity of voting
power" as the primary condition of effective representation (p. 32) and stated that the "dilution of
one citizen's vote as compared with another's should not be countenanced." (p. 34) Also of
importance to note, the Supreme Court's decision rejected the specious argument that
historical anomalies and abuses can be used to justify continued anomalies and abuses. (p. 37)
In other words, unjustified representation variances must be corrected - not perpetuated.
The Commitment to Representation -by- Population in Canada and Ontario
In order to measure and balance the right to "effective representation" against the common
principles of. "voter equality ", " representation -by- population ", and the "relative parity of voting
power ", representation reviews often apply a standard that allows the rep -by -pop .of any
electoral district to vary by up to 25% from an "electoral quota" - typically an average that is
determined by dividing the total electors in an area by the number of members to be elected
within that area. This standard is now entrenched in the Federal Electoral Boundaries
Readjustment Act (EBRA) [S.15 ' (2)]. The EBRA also requires electoral boundaries
commissions for each province following each decennial (10 year) census (S. 3) to ensure that
voter parity is regularly studied and maintained.
2. The Principle of Representation by Population in Canadian Federal Politics, Mowat Centre for Policy Innovation,
March 2010.
3. ':... we think it is the last time`, Municipal World magazine, November 2012.
Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 3
As required by the EBRA, the recent decennial Federal Electoral Boundaries Commission
reports demonstrate the Federal Government's commitment to the principles of voter equality
and representation -by- population, primarily through the design of reasonably balanced federal
election districts in every province and territory. The Province of Ontario also acknowledges this
responsibility by using, for the most part, the same federal districts in provincial elections.
The Regional Municipality of Durham's Serious Representation Issues
1. The Failure to Maintain Representation -by- Population
The Ontario Municipal Act (s. 218 & 219) provides local councils with the authority to "change
the composition of council". There is no mandatory responsibility, however, for local councils to
maintain a fair and effective system of representation. This allows representation -by- population,
the "cornerstone" of our democracy, to be placed at risk when there is an absence of the
political will - and sometimes sacrifice - required to maintain it.
The composition of the Council of the Regional Municipality of Durham falls far short of both the
effective representation and rep -by -pop standards expected in a democracy. In the absence of
any legitimate or compelling justification, Council's repeated refusal to adjust representation to
reflect the strong but irregular population growth in the Region has resulted in some lower -tier
municipalities gaining a substantial and entirely unjustified representation advantage.
TABLE 1 - 2013 Region of Durham Council Representation by Population
Munici p ali tY
2011 Po p ulation
Regional Council
Members
Pop pe��eer.,
% of
Pop
% of
Seats
Brock
11;341
2
1:9%
7.1
Uxbridge
20,623
2
,tgk"f'V
3_4%
7.1
Scugog
21,569
.2
3.6%
7.1%
Oshawa
149,607
8
'" " = � 3,7 '_
24.6%
j 28.6%
Pickering
88,721
4
' " }., Q
14.6%
14.3%
Clarington
84,548
3
13.9%
10.7%
Whitby
122,022
4
�._ f3n O6t
20.1%
14.3%
Ajax
109,600
3
18.0%
10.7%
Durham
608,031
28
- X1;715`
100% 100%
*Source: Statistics Canada Census
2. A Council That is Too Large and Costs Local Taxpayers Far Too Much
In addition to restoring fair representation to all electors and taxpayers in the Region, the
appropriate overall size and cost of Durham Regional Council must also be studied. This
"efficiency" objective should identify a "right- sized" Council' composition that is smaller and costs
much less, yet still enables members to act effectively in their collective legislative role and as
individuals in their constituent service role.
As Table 2 (p. 4) illustrates, the existing Region of Durham Council is unnecessarily large. The
result is a basic governance cost for the 28 elected members that is nearly 2.5 times more per -
capita than its most direct comparators, Peel and York Regions. Using these examples, even a
comparatively modest 40,000 pop - per - member ratio in Durham Region suggests that a 15
member Council is sufficient. The viability of this much smaller Council is supported by Regional
Council's apparent contentment with the pop - per - member ratio in .Ajax (36,533 in 2011; and
soon to be more than 40,000). Using an estimated annual cost of $60,000 per member (base
remuneration, plus approx $10,000 for costs such as benefits, conferences, travel, etc.), such a
"right- sized" Council would save Regional taxpayers approximately $780,000 annually.
Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 4
TABLE 2 - Regional Councils Comparison
It is astounding to consider that York Region's population is 70% more than Durham's; yet
Durham's Regional Council has 40% more members than York's. Attachment 1 (p. 16) provides
the detailed compositions of the Peel, York and Durham Regional Councils and demonstrates
that both the urban and rural lower -tier municipalities in Durham Region have more - and, in
some cases, many more - Regional Council members per capita than is considered necessary
in both Peel and York Regions.
The History of Durham Regional Council Composition Changes
Attachment 2 (p. 17) reviews the original composition of Regional Council in 1974 and the two
representation adjustments made in 1986 and 1996. These adjustments demonstrated the
commitment of those Councils to the principle of rep -by -pop by addressing representation
imbalances that had occurred due to significant population growth in some, but not all, of the
Region's lower -tier municipalities.
Nevertheless, as Attachment 2 more fully explains, the 1996 "Regional Restructuring
Committee" review employed a methodology and yielded a result that was neither the most fair
or effective representation solution for the Region. The Regional Clerk's April 2011 review
(Attachment 4, p. 23), while promoting a more balanced distribution of representation, is
weakened considerably by its failure to examine the viability and benefits of substantial .
reductions in the size of the Regional Council.
Despite the extraordinary growth that has occurred in the Region since 1997, there have been
no further changes to Council representation. As Table Ala (p. 17) demonstrates, the size and
distribution of the Region's population in 2013 bears little resemblance to its origins of 40 years
ago. Further, the unnecessary costs associated with the oversized Regional Council are proof
that the existing system of representation - that is based only on a distant past - must be
replaced with one that instead promises all present and future electors and taxpayers with the
fair, effective and efficient representation that they expect and deserve.
Regional Council's Repeated Reiections of a Representation Review, 2007 — 2012
The Council of the Regional Municipality of Durham has been aware of its significant
representation imbalances for many years, but has repeatedly chosen to deny fair and effective
representation for all electors and taxpayers in the Region. Attachment 3 (p. 19) to this report
presents each of the detailed motions, and the associated recorded votes, considered during
the past two terms of Regional Council. The following is a brief summary of this history:
Peel
York
Durham
2011 Population (Census)
1,296,814
1,032,524
608,031
2013 Members (excluding Chair)
24
120
I 28
Population -per- Member
54,034
51,626
21,715
2012 Councillor Base Remuneration
$50,400
$50,600
$50,200
Total Council Remuneration and Expenses,
based on $60,000 Per Member Annually
$1.44m
$1.2m
$1.68m
Cost per capita
$1.11
$1.16
$2.76
It is astounding to consider that York Region's population is 70% more than Durham's; yet
Durham's Regional Council has 40% more members than York's. Attachment 1 (p. 16) provides
the detailed compositions of the Peel, York and Durham Regional Councils and demonstrates
that both the urban and rural lower -tier municipalities in Durham Region have more - and, in
some cases, many more - Regional Council members per capita than is considered necessary
in both Peel and York Regions.
The History of Durham Regional Council Composition Changes
Attachment 2 (p. 17) reviews the original composition of Regional Council in 1974 and the two
representation adjustments made in 1986 and 1996. These adjustments demonstrated the
commitment of those Councils to the principle of rep -by -pop by addressing representation
imbalances that had occurred due to significant population growth in some, but not all, of the
Region's lower -tier municipalities.
Nevertheless, as Attachment 2 more fully explains, the 1996 "Regional Restructuring
Committee" review employed a methodology and yielded a result that was neither the most fair
or effective representation solution for the Region. The Regional Clerk's April 2011 review
(Attachment 4, p. 23), while promoting a more balanced distribution of representation, is
weakened considerably by its failure to examine the viability and benefits of substantial .
reductions in the size of the Regional Council.
Despite the extraordinary growth that has occurred in the Region since 1997, there have been
no further changes to Council representation. As Table Ala (p. 17) demonstrates, the size and
distribution of the Region's population in 2013 bears little resemblance to its origins of 40 years
ago. Further, the unnecessary costs associated with the oversized Regional Council are proof
that the existing system of representation - that is based only on a distant past - must be
replaced with one that instead promises all present and future electors and taxpayers with the
fair, effective and efficient representation that they expect and deserve.
Regional Council's Repeated Reiections of a Representation Review, 2007 — 2012
The Council of the Regional Municipality of Durham has been aware of its significant
representation imbalances for many years, but has repeatedly chosen to deny fair and effective
representation for all electors and taxpayers in the Region. Attachment 3 (p. 19) to this report
presents each of the detailed motions, and the associated recorded votes, considered during
the past two terms of Regional Council. The following is a brief summary of this history:
Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 5
May 30; 2007 - Regional Council Meeting
A detailed and well justified Ajax Council proposal for a representation review was "received for
information" only - meaning that no action was taken.
October 29, 2008 - Regional Council Meeting
A motion which described the existing and growing representation disparity across the Region
and proposed, very generously, that any representation adjustments would not take effect until
the 2014 elections was defeated.
December 10, 2010 - Regional Council Meeting
At the very outset of the, new term of Council, Regional Chair Roger Anderson's Inaugural
Address included this statement:
"As a Council, I believe there are some vital issues that need our immediate attention... A
pressing issue is to review representation on Regional Council. We have a situation that has
become increasingly unbalanced as Durham has grown. By dealing with these matters early in
the term, the process to implement Council's desired changes can be completed in time for the
2014 election."
April 27 - 29, 2011 - Regional Council Strategic Planning Session
A presentation by the Regional Clerk on "Regional Council Composition" (Attachment 4, p.23),
provided elector and population data that clearly demonstrated the severity of the unfair
representation. The presentation also identified adjustments that would substantially improve
the representation -by- population balance on Regional Council. Despite this compelling
information, Regional Council gave no indication that it was willing to initiate any measures that
would address the unfair representation issue.
June 8, 2011 - Regional Council Meeting
Following up on the Regional Clerk's April presentation, a motion that offered a very conciliatory
approach to addressing the unfair representation issue, including continuation of the two
member allocations allowed for each of the three Townships, was defeated by Council:
October 31, 2012 - Regional Council Meeting
Regional Council approved the recommendations in Report 2012 -A -42 which authorized a
submission to the Federal Electoral Boundaries Commission for the Province of Ontario that
proposed a "reasonable alternative" to the federal riding boundaries being recommended across
the Region. The great irony, of course, is that Regional Council was willing to invest far more
time and concern in challenging the proposed federal electoral districts than it has given to the
obvious and longstanding representation flaws that exist within its own Council Chambers.
December 12, 2012 - Regional Council Meeting
At the mid -point of the four year term of Council, and with no commitment to addressing the
representation issue in place, yet another proposal seeking a representation review was
defeated at both the Finance and Administration Committee (Nov. 13, 2012) and subsequently
at Regional Council (Dec. 12, 2012). Once again, a majority of the Council decided that the
matter did not even merit a formal review.
Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 6
The Impact of Population Growth on Representation Since 1996
TABLE 3 - Durham Region Population Growth 1996 — 2011
1996
2001
2006
2011
Growth
1996 -2011
Ajax
64,430
73,7531
90,167
109,600'
45,;'1 7d t7b:! '
Brock
1 11,705
12,1101
11,979
11,341
-364 ( -3.2 %)
Clarington
60,6151
69,8341
77,820
84,548
;23;933` X39:5. °lA)
Oshawa
134,3641
139,0511
141,590
149,6071
15,243 (11.3 %)
Pickering
78,9891
87,1391
87,838
88,7211
9,732 (12.3 %)
Scugog
[ 18,8371
20,1731
21,439
21,5691
2,732 (14.5 %))
Uxbridge
15,882
17,377
19,169
20,623 4,741 (29.9 %)
[Whitby
73,794
87,413
111,1841.
122,0221 481228` (65.4 %)
[Durham
458,616
506,8501
561,1861
608,031 149,415 (32.58 %)
Source: Statistics Canada Census
Table 3 illustrates the population growth in each of Durham's lower -tier municipalities since the
last Regional Council restructuring occurred in 1996. A simple review of the data reveals
several interesting facts:
> 78% of the total growth in the Region during these 15 years occurred in Whitby, Ajax and
Clarington alone. Oshawa and Pickering have combined for only 17 %, with 5% occurring in
Brock, Uxbridge and Scugog combined.
➢ In 2011, the combined population of Oshawa and Pickering was 238,328. They still have the
same 12 members assigned in 1996. The combined population of Whitby, Ajax and
Clarington in 2011 was 316,162 - nearly 80,000 residents (one -third more) than Oshawa
and Pickering. Combined, they still have only 10 members.
Whitby, Ajax and Clarington now comprise 52% of the entire Region population - but
continue to have only 36% of the Council membership.
r Brock, Uxbridge and Scugog, with a combined 2011 population of 53,533, continue to enjoy
the same total representation of 6 members as the combined Ajax and Clarington population
of 194,148.
➢ Ajax has over 20,000 more residents (24% greater population) than Pickering - yet
Pickering has 4 members and Ajax 3.
> Whitby's population has grown to the point where it is now 82% of Oshawa's - yet it still has
only half the representation (4 members compared to 8 for Oshawa).
➢ Combined, Oshawa and the three Townships have one -third of the Region's population, but
one -half of the votes on Regional Council. This over- representation provides a considerable
and undeserved advantage in the Region's decision making.
By any measure, Regional Council's failure to adjust representation to reflect the substantial but
uneven population growth since 1996 has resulted in the extraordinary dilution of the voting
power for the majority of the Region's electors, residents and taxpayers that live in the high -
growth and now significantly under - represented municipalities of Whitby, Clarington and Ajax.
Subject: Durham Regional Council - The Need For Fair and Efficient Representation Page 7
The remainder of this report will focus on quantifying the true scale of the electoral
representation imbalance on the Durham Regional Council and identifying a fair and efficient
solution.
Should Representation be Based on Elector or Population Data?
Since elector data is fairly proportional to population data (typically 65% - 75% of the population
in any geographic area are eligible municipal electors), the same mathematical outcome will
most likely occur regardless of which measure is used.
Nevertheless, real or perceived variances that may exist in elector bases between different
areas requires that a choice be made to use either elector or population data. As noted by
Professor Robert Williams, the leading expert on local council representation reviews in Ontario,
while legislation usually refers to electors, the emphasis on providing "effective representation"
favours the use of population data. This preference recognizes that members of council serve
not just electors but a much broader constituent base that includes business owners, youth, new
residents, non - Canadian citizens, etc., who may not have voted in the previous election — or
may not be eligible to vote at all — but many of whom are local residents and taxpayers and
certainly regarded as members of the community.4
As a result, the analysis in the remainder of this report will use population data only.
2013 Regional Council Representation by Population
Table 4 is a modified version of Table 1 of this report (p. 3). The "relative parity of voting power"
is evidenced in the "Pop- per - Member° column, with the noticeable representation distortions
being further amplified in comparing the "% of Pop" and "% of Seats" columns.
TABLE 4 - 2013 Regional Council Representation by Population
*Source: Statistics Canada Census
4. Williams, Robert J. Town of Oakville Ward Boundary Review 2011— 2012, Interim Report, November 2011, S.
7.a `?he Overriding Principle of Effective Representation"
2011
Population*
Council
Members
Pop -per-
Member (2011)
% of
Pop
% of
Seats
Variance from Avg
(100% = 21,715)
Brock
11,341
2
5,671
1.99/6
7.1%
261%
Uxbridge
20,623
2
10,312
3.4%
7.1%
47.5%
Scugog
21,569
2
10,785
3.6%
17.1%
49.76/6
Oshawa
149,607
8
18,701
24.66/o
128.6%
86.1%
Pickering
88,721
I 4
22,180
14.6%
143%
102.1%
Cladngton
84,548
3
28,183
13.9%
10.7%
129.8%
Whitby
122,022
4
30,506
20.1%
14.3%
140.5%
Ajax
109,600
3
36,533
18.0%
10.7%
168.2%
Durham
608,031
28
21,715
100%
100%
I 100%
*Source: Statistics Canada Census
4. Williams, Robert J. Town of Oakville Ward Boundary Review 2011— 2012, Interim Report, November 2011, S.
7.a `?he Overriding Principle of Effective Representation"
Subject: Durham Regional Council - The Need For Fair and Efficient Representation ( Page 8
Employing the Federal Government's EBRA maximum 25% variance rule (see p. 2) defines a
range from 75% to 125% of the average population - per - member as providing "relative parity of
voting power". However, if there are sufficient extraordinary or compelling reasons to justify it,
variances outside this range - in particular those towards the lower end (less pop - per - member)
- may be supported on the basis that they are necessary in order to provide "effective
representation" to those areas. Before accepting this as a convenient justification for allowing
each Township to have a second member, it is necessary to first examine the substantial
representation imbalance that exists across the entire Region (from a pop -per- member of 5,671
in Brock to 36,533 in Ajax). That 52% of the entire Region population is significantly under-
represented (Clarington, Whitby and Ajax are all more than 25 % above the average), demands
a thorough investigation that will determine the most fair solution for the entire Region.
The methodologies used in the formal 1996 review and the informal 2011 Regional Clerk's
review were both weighted to maintaining enhanced representation for the 9% of the. Region
population residing in the three Townships. It is more responsible, however, to first balance the
representation for the 91% of the Region's population that live in the five homogenous
"lakeshore /urban" municipalities. This approach is made imperative by the extremely unfair
representation variance that presently exists across these municipalities, identified by the arrow
in Table 4 (p. 7), with the highest pop - per- member amount (36,533 in Ajax) being 95% greater
than the lowest (18,701 in Oshawa). Put another way, Oshawa is being allowed to have twice
as many members per population as Ajax. The real impact of this glaring injustice is gained by
re- visiting the Pal and Molson excerpt on "voter equality" found at the bottom of page 1.
Voter equality and representation -by- population are the undeniable cornerstones of Canada's
democracy. In contrast, however, Durham Regional Council is clearly supporting a system of
representation that substantially favours Oshawa, Pickering and the three Townships at the
expense of the electors and taxpayers in Ajax, Whitby and Clarington. Further, when comparing
the five large, "lakeshore /urban" municipalities alone, surely there are no compelling minority,
community or geographic differences that justify allowing or continuing the enhanced
representation and voting power that benefits both Oshawa and Pickering at the expense of
Whitby, Clarington and Ajax. Again, one must also keep in mind that this disturbing
representation imbalance is aggravated by the fact that all of the Region's taxpayers are bearing
the burden of a Council structure that is clearly larger and far more costly than it needs to be.
2017 Population Forecast Impacts on Representation
As noted previously, Regional Council has been aware of the unfair representation problem for
many years and has repeatedly refused to address it. Justification for this inaction has included
the opinion that the current representation imbalances are only temporary, as future growth will
correct or at least mitigate the problem.
However, Prof. Williams again has strongly cautioned against giving future population
projections much weight, if any, in representation rebalancing exercises.5 Important
representation decisions should be based on factual and reliable census population data as
population forecasts, no matter how sophisticated they may be, are essentially just rough
estimates of when, where, and by how much population shifts may occur.
The belief that Regional Council's gaping representation wound will be self- healing within a
known length of time simply cannot be defended. First, as Table 5 (p.9) indicates, the Region's
own and more reliable near -term population forecast (to 2017) predicts that the lakeshore /urban
b. Williams, Robert J. "The Problem of f=uture Population Trends in Designing Ward Systems in Ontario."
The Municipal Monitor, Association of Municipal Managers, Clerks and Treasurers of Ontario, Fall 2012, pp 17 -19.
Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 9
representation injustice, that has been growing steadily since the last rebalancing of Council in
1996, is expected to become even worse. Secondly, as noted above, it is very unwise and
contrary to best practices to make representation decisions solely on the basis of future
population forecasts, as the reliability and accuracy of the data being predicted will almost
certainly diminish in proportion to the length of time being forecasted.
TABLE 5 - 1996 — 2011 "Representation Variance" and 2017 Population Forecast
"Source: Statistics Canada Census
' o rcu ppion of u"'lrft' 2e( t# 01245 I
The Current State of Durham Region Council Representation
To summarize:
➢ Irregular population growth caused the re- balancing of Regional Council in both 1986 and
1996. These changes demonstrated the commitment of previous Councils to maintaining fair
and effective representation.
➢ Since 1996, substantial population growth has occurred - with some municipalities again
growing at much greater rates than others - resulting in a Regional Council composition that
is obviously unfair and clearly in need of re- balancing. Population projections indicate that
this injustice will get even worse in the coming years.
> There are no "extraordinary circumstances" that justify the substantial representation
imbalances that exist across the five "lakeshorelurban" municipalities that have 91% of the
Region's population.
➢ Compared to Peel and York Regions, taxpayers across Durham Region are paying for .a
Regional Council that is too large and costs far more than is necessary.
> Regional Council's repeated refusal to provide a system of representation that is fair,
effective and efficient for all electors and taxpayers in the Region is a rejection of the
principle of representation -by- population as the cornerstone of Canadian democracy.
Regionalpiat�o
Council
1996 Pop-
2001 Pop-
2006 Pop-
2011 Pop
'F t�—
Members
per- Member
per- Member
per- Member
per- Member01
2a 7.
Brock
2
5,853
6,055
5,990
5,671
i9UD'50
Uxbridge
2
1 7,941
6,689
9;585
10,312
O�
Scugog
2
9,419
10,087
10,720
10,785
Oshawa
8
16,796
17,381
17,699
18,7011920D
...�,
Pickering
4
19,747
21 785
21,960
22,1801___I
Clarington
3
20,205
23,278
25,940
28,183
�1,
.
Whitby
4
18,449
21,853
27,796
30,506,1300:
i e0
Ajax
3
21,477
24,584
30,056
36,533
1�29;6fl13D0
Durham
28
16,379
18,102
20,042
21,715F
2,33 9
"Source: Statistics Canada Census
' o rcu ppion of u"'lrft' 2e( t# 01245 I
The Current State of Durham Region Council Representation
To summarize:
➢ Irregular population growth caused the re- balancing of Regional Council in both 1986 and
1996. These changes demonstrated the commitment of previous Councils to maintaining fair
and effective representation.
➢ Since 1996, substantial population growth has occurred - with some municipalities again
growing at much greater rates than others - resulting in a Regional Council composition that
is obviously unfair and clearly in need of re- balancing. Population projections indicate that
this injustice will get even worse in the coming years.
> There are no "extraordinary circumstances" that justify the substantial representation
imbalances that exist across the five "lakeshorelurban" municipalities that have 91% of the
Region's population.
➢ Compared to Peel and York Regions, taxpayers across Durham Region are paying for .a
Regional Council that is too large and costs far more than is necessary.
> Regional Council's repeated refusal to provide a system of representation that is fair,
effective and efficient for all electors and taxpayers in the Region is a rejection of the
principle of representation -by- population as the cornerstone of Canadian democracy.
Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Pagel 0
Determining Fair and Effective Representation for All of Durham Region in 2013
As noted previously, in order to provide fair and effective representation across the entire
Region, the methodologies used in the 1996 representation review and the Regional Clerk's
2011 presentation must be replaced. First and foremost, it must be acknowledged that an
upper -tier Council composition review relies primarily on a mathematical exercise that will
calculate the fair allocation of representation. Unlike a local representation review, where the
number of wards and their boundaries may be endlessly reconfigured in the search for the
"right' solution, the fixed boundaries of the lower -tier municipalities do not allow for similar
creative or flexible solutions in upper -tier reviews.
Also, the presumption of enhanced representation for some municipalities must not be built into
the basic formula. Instead, it is imperative that the most fair composition of council - without
any consideration .for enhanced representation - be calculated first, as these results may yield
a solution that is both fair and acceptable to all. It is only after these results are known that the
need and amount of enhanced representation for deserving lower -tier municipalities should be
decided. Another approach may be a "hybrid" model, where the calculations for the
municipalities with no legitimate claim to enhanced representation are done in isolation to avoid
these results being affected by data from municipalities that are likely to receive enhanced
representation considerations.
Finally, as the examples of Peel and York Regions easily show (Table 2 p. 4, and Attachment 1
p.16), the population - per - member ratio in Durham Region should be increased substantially -
with the result being a corresponding reduction in the size and cost of the Regional Council.
To assist with the establishment of the appropriate guiding principles, it may be helpful to first
examine some "fair ", but likely undesirable, solutions, Tables 6a (below) and 6b (p. 11) illustrate
"fair" representation solutions that would provide all five "lakeshore /urban° municipalities with
the same pop -per- member representation currently enjoyed by Oshawa and Pickering,
respectively. These models also retain the existing two member complements for each of the
three Townships. While each of these solutions would be fair, the resulting 37 and 32 member
Council scenarios would almost certainly be rejected due to their unwieldy size and the
substantial costs involved with paying and supporting the additional members. Just as
important, an expansion of Regional Council would likely cause significant council composition,
financial and other impacts for the local municipalities that are assigned the additional members.
TABLE 6a - "Fair" Representation Based on the Current Pop -per- Member of Oshawa
*Source: Statistics Canada Census
**Brock, Uxbridge and Scugog maintain enhanced representation of two members each
2011 Population`
#Members_@ 18;701 per
Brock
11,341
0.6 = 2 **
Uxbridge
20,623
1.1 = 2 **
Scugog
21,569
1.2 = 2 **
Clarington
84,548
4.5 = 5
Pickering
88,721
4.7 = 5
Ajax
109,600
5.9 = 6
Whitby
122,022
6.5 = 7
Oshawa.
149;6017 _
_8
Durham
608,031
37
*Source: Statistics Canada Census
**Brock, Uxbridge and Scugog maintain enhanced representation of two members each
Subject: Durham Regional Council - The Need For Fair and Efficient Representation 1, Page 11
TABLE 6b - "Fair" Representation Based on the Current Pop- per - Member of.Pickering
*Brock, Uxbridge and Scugog maintain enhanced representation of two members each
Guiding Principles For a Regional Council Representation Review
Having established that Regional Council bears an ethical responsibility to provide fair and
effective representation, and that the current composition of the Council is too large and costly,
a credible review of Durham Regional Council representation should employ the following
guiding principles (listed in order of importance):
All electors, residents and taxpayers in the Region must be valued equally. In particular, the
rep-by -pop objectives of "voter equality" and "relative parity of voting power" are best
achieved by identifying the smallest possible representation variance across the five
°lakeshore /urban" municipalities that account for 91 % of the Region's total population.
2. The total size of Council cannot be arbitrarily decided in advance (as was done in the 1996
restructuring). Instead, the determination of a fair, effective and efficient Council size and
distribution of representation is best determined by applying a population -per- member ratio of
40,000 to the five "lakeshore /urbari" municipalities. This ratio is supported by the following:
> Through its inaction, Regional Council clearly believes that the existing pop -per- member
ratio of 36,533 in Ajax is reasonable; making it logical to expect that this standard should
also be suitable for the Region's other "lakes hore /urban' municipalities;
> the pap -per- member ratio in Ajax will be more than 40,000 by the 2014 term of Council;
5 the ratio is still 20 - 25% below the pop - per - member ratios in both York and Peel Regions.
> York Region has a simple and much more efficient representation model (p 16). On behalf
of its taxpayers, Durham Regional Council should be motivated to take a similar approach.
3. Identification of any "extraordinary circumstances" or "compelling reasons" (community of
interest, geography) that would legitimately justify the provision of enhanced representation
to any municipality in the Region. Since there are no Justifiable or compelling reasons to give
enhanced representation to any of the five lakeshore /urban municipalities, this debate should
focus on whether enhanced representation for the three Townships is deserved - and., if so,
determine the most effective way to incorporate this into Regional Council.
Another perspective is to simply ask: "If Durham Regional Council was being created for the first
time in 2013, how would representation be distributed?' Set against this standard, the current
composition of council would be easily rejected on the basis that it is unfair, too large and would
cost far more than is necessary.
2011 Population
# Memte�s2,18Qer�-
Brock
11,341
0.5 = 2*
Uxbridge
20,623
0.9 = 2*
Scugog
21,569
1.0 = 2*
Clarington
84,548
3.8 = 4
`-
3,-
Ajax
109,600
4.9 = 5
Whitby
122,022
5.5 = 6
Oshawa
I 149,607 i
6.7 = 7
Durham
608,031
32
*Brock, Uxbridge and Scugog maintain enhanced representation of two members each
Guiding Principles For a Regional Council Representation Review
Having established that Regional Council bears an ethical responsibility to provide fair and
effective representation, and that the current composition of the Council is too large and costly,
a credible review of Durham Regional Council representation should employ the following
guiding principles (listed in order of importance):
All electors, residents and taxpayers in the Region must be valued equally. In particular, the
rep-by -pop objectives of "voter equality" and "relative parity of voting power" are best
achieved by identifying the smallest possible representation variance across the five
°lakeshore /urban" municipalities that account for 91 % of the Region's total population.
2. The total size of Council cannot be arbitrarily decided in advance (as was done in the 1996
restructuring). Instead, the determination of a fair, effective and efficient Council size and
distribution of representation is best determined by applying a population -per- member ratio of
40,000 to the five "lakeshore /urbari" municipalities. This ratio is supported by the following:
> Through its inaction, Regional Council clearly believes that the existing pop -per- member
ratio of 36,533 in Ajax is reasonable; making it logical to expect that this standard should
also be suitable for the Region's other "lakes hore /urban' municipalities;
> the pap -per- member ratio in Ajax will be more than 40,000 by the 2014 term of Council;
5 the ratio is still 20 - 25% below the pop - per - member ratios in both York and Peel Regions.
> York Region has a simple and much more efficient representation model (p 16). On behalf
of its taxpayers, Durham Regional Council should be motivated to take a similar approach.
3. Identification of any "extraordinary circumstances" or "compelling reasons" (community of
interest, geography) that would legitimately justify the provision of enhanced representation
to any municipality in the Region. Since there are no Justifiable or compelling reasons to give
enhanced representation to any of the five lakeshore /urban municipalities, this debate should
focus on whether enhanced representation for the three Townships is deserved - and., if so,
determine the most effective way to incorporate this into Regional Council.
Another perspective is to simply ask: "If Durham Regional Council was being created for the first
time in 2013, how would representation be distributed?' Set against this standard, the current
composition of council would be easily rejected on the basis that it is unfair, too large and would
cost far more than is necessary.
Subject: Durham Regional Council - The Need For Fair and Efficient Representation Page 12
The Fair, Effective and Efficient Representation Solution for the Region of Durham
The shaded area in Table 7 applies all of the facts, principles and logic put. forward in this report
to determine the most,fair, effective and efficient representation solution for the entire Region of
Durham in 2013.
TABLE 7 - Comparison of Existing Representation and the Fair Representation Solution
Applying a population -per member ratio of 40,000 to all five of the "lakeshore /urban"
municipalities - together with guaranteeing each Township at least one representative - results
in a 17 member Regional Council. As depicted by the arrows in Table 7, this ,solution
dramatically improves the pop -per- member representation variance, from 95% to 21 %. Most
importantly, by satisfying both the representation -by- population and the effective representation
tests, this outcome gives each municipality the representation that it truly deserves.
Due to their significantly lower pop - per - member ratios, providing each Township with only one
member - likely to be the Mayor — easily satisfies the fair representation standard for each.
Meanwhile, the total of three members for the combined Township, populations (53,533)
provides them collectively with an enhanced and "effective" level of representation when
compared to each of the five large municipalities.
Adding or subtracting even one member from any of the five "lakeshore /urban" municipalities
will result in a pop - per - member ratio for that municipality that is outside the identified range
(36;533 to 44,361) and would cause the representation variance across the five municipalities to
be much greater than the 21 % variance identified in the 17 member solution.
Table 8 (p.13) validates the 17 member council proposal. In comparison to the existing
circumstances detailed in Table 4 (p. 7), the variance between the "% of Pop" and "% of Seats"
columns for all eight municipalities is much smaller. Over - representation is limited to the three
townships only and these impacts are both lessened and more evenly shared by the larger
municipalities. The far right -hand column also confirms the very well balanced "relative parity of
voting power" across the five "lakeshore /urban" municipalities (92.2% to 112.0 %).
2011
Existing RepIlemers
@��?,000
Actual Pop;R
Population
Pop - per - Member
Pts pe Mem ev
per- Member '
Brock
11,341
2
1 5,671
0 3 = 1
I
Uxbridge
20,623
2
1 10,312
0x�
20,1
v
Scugog
21,569
2
10,785
01
21,569;
Clarington
84,548
3
28,183
Pickering
88,721
4
22,180
T. 22
44;561
Ajax
109,600
3
36,533
_ 7=3
3"
Whitby
122,022
4
30,506
3
�74y
Oshawa
149,607
8
18,701
Durham
608,031
28
21,715
I� -� 17
Applying a population -per member ratio of 40,000 to all five of the "lakeshore /urban"
municipalities - together with guaranteeing each Township at least one representative - results
in a 17 member Regional Council. As depicted by the arrows in Table 7, this ,solution
dramatically improves the pop -per- member representation variance, from 95% to 21 %. Most
importantly, by satisfying both the representation -by- population and the effective representation
tests, this outcome gives each municipality the representation that it truly deserves.
Due to their significantly lower pop - per - member ratios, providing each Township with only one
member - likely to be the Mayor — easily satisfies the fair representation standard for each.
Meanwhile, the total of three members for the combined Township, populations (53,533)
provides them collectively with an enhanced and "effective" level of representation when
compared to each of the five large municipalities.
Adding or subtracting even one member from any of the five "lakeshore /urban" municipalities
will result in a pop - per - member ratio for that municipality that is outside the identified range
(36;533 to 44,361) and would cause the representation variance across the five municipalities to
be much greater than the 21 % variance identified in the 17 member solution.
Table 8 (p.13) validates the 17 member council proposal. In comparison to the existing
circumstances detailed in Table 4 (p. 7), the variance between the "% of Pop" and "% of Seats"
columns for all eight municipalities is much smaller. Over - representation is limited to the three
townships only and these impacts are both lessened and more evenly shared by the larger
municipalities. The far right -hand column also confirms the very well balanced "relative parity of
voting power" across the five "lakeshore /urban" municipalities (92.2% to 112.0 %).
Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 13
TABLE 8 - Validation of the 17 Member Council Fair Representation Solution
An Optimal, "Right- Sized" Regional Council
The primary outcome of a council composition review must be the achievement of a fair and
effective system of representation. An equally achievable goal is finding the optimal or "right -
size" for the entire Council. As Table 9 illustrates, Durham constituents should expect to be
served very effectively by a 17 member council, as the increase to an average pop -per- member
of 35,767 is still only two- thirds of that currently being served by both Peel and York Regional
Councillors. In fact-this new ratio would close only half of.the gap between the current pop-per -
member in Durham (21,715) and those of Peel and York (both over 51,000).
The new average pop -per- member would also be less than the existing. average in Ajax
(36,533), an amount that Regional Council, through its inaction, seems to consider both fair and
manageable. A substantial reduction in Durham Region's council size is validated, again, by the
York Region model which has significantly higher, yet presumably effective, population -per-
member ratios. For instance, Vaughan (pop 288,000) has only 4 members of Regional Council
and Newmarket (80,000) has 2 members. The Towns of Aurora (50,000) and Whitchurch-
Stouffville (38,000), and the Townships of East Gwillimb.ury (22,000) and King (20,000), are all
represented by their Mayor only.
TABLE 9 - Regional Councils Comparison - Revised
2011
Council
Pop -per-
% of
% of
Variance from Average
Population
Members
Member
Pop
Seats
Lakeshore /Urban Pop-
_
per- Member
Brock
11,341
1
11,341
1.9%
5.9%
33.9%
Uxbridge
20,623
1
20,623
3.4%
5.9%
52.1%
Scugog
21,569
1
21,569
3.6%
5.9%
54.5%
Ajax
109,600
3
36,533
18.0%
17.6%
' 92-
Total Council Expenses @
$60,000 Per Member Annually
$1.44m
$1.2m
$1.68m
.? me
Oshawa
149,607
4
37 402
0
24.6 /0
23.6%;t
..�
'CK
$2.76
,a
Whitby
122,022
3
40,674
20.1%
17.6%
1 1Ao.
Clarington
84,548
2
42,274
13.9%
11.8%
Pickering
88,721
2
44,361
14.6%
11.8%
- 9h72 %.
Durham
608,031
17
35,767
100%
100%
100% determined by:
554,498 - 14 = 39,607
An Optimal, "Right- Sized" Regional Council
The primary outcome of a council composition review must be the achievement of a fair and
effective system of representation. An equally achievable goal is finding the optimal or "right -
size" for the entire Council. As Table 9 illustrates, Durham constituents should expect to be
served very effectively by a 17 member council, as the increase to an average pop -per- member
of 35,767 is still only two- thirds of that currently being served by both Peel and York Regional
Councillors. In fact-this new ratio would close only half of.the gap between the current pop-per -
member in Durham (21,715) and those of Peel and York (both over 51,000).
The new average pop -per- member would also be less than the existing. average in Ajax
(36,533), an amount that Regional Council, through its inaction, seems to consider both fair and
manageable. A substantial reduction in Durham Region's council size is validated, again, by the
York Region model which has significantly higher, yet presumably effective, population -per-
member ratios. For instance, Vaughan (pop 288,000) has only 4 members of Regional Council
and Newmarket (80,000) has 2 members. The Towns of Aurora (50,000) and Whitchurch-
Stouffville (38,000), and the Townships of East Gwillimb.ury (22,000) and King (20,000), are all
represented by their Mayor only.
TABLE 9 - Regional Councils Comparison - Revised
Peel
York
Durham
I _~
(Existing)
lr
_
2011 Population
1,296.,814
1,032,524
608.,031
2013 Members
24
20
` 28
ail
t"
(excluding Chair)
Pop -per- Member
54,034
51,626
21,715
Total Council Expenses @
$60,000 Per Member Annually
$1.44m
$1.2m
$1.68m
.? me
Cost per capita
$1.11
$1.16
$2.76
,a
Subject: Durham Regional Council - The Need For Fair and Efficient Representation Page 14
Because the Region Refuses to Act..... The Province Must
Early in each of the last two terms, Regional Council has been informed of the severe
representation imbalance and advised that, in order to take effect in the next regular election,
changes to Council composition must be finalized by December 31 of the year prior to the
election. Therefore, in order to be in effect for the October 2014 elections, any changes to
Regional Council and /or lower -tier Councils must be completed by December 31, 2013.
Approval requires satisfaction of the "triple majority" criteria in the Municipal Act (S. 218 & 219),
meaning that a majority of Regional Council plus a majority of the lower -tier councils (5 of 8) that
also represent a majority of all the electors in the Region, must support the proposed changes.
Regrettably, the time already lost from this term and Regional Council's most recent rejection of
a review in December 2012 makes the ability to determine and approve changes at both the
upper -tier — and, in particular, any ensuing changes then required at the lower -tier level —
virtually impossible to achieve by the end of 2013. At this point, it would take the extraordinary
will of Regional Council and the flawless cooperation of all lower -tier councils and the Ontario
Government to expedite a correction of the representation injustices identified in this report by
the end of 2013.
Regional Council's refusal to act has caused unfair representation to persist through the 2010
and, now likely, 2014 election cycles. Given this history, Regional Council should not be
expected or trusted to correct the representation imbalance during the 2014 - 2018 term, either.
As a result, the best solution available at this time is for the Ontario Government to unilaterally
impose a fair and effective composition of Durham Regional Council in time for the October
2014 elections. The Province should also amend the Municipal Act to require all municipalities,
immediately following the 2014 elections, to undertake substantive representation reviews and
implement the changes required to maintain fair and effective representation, at least once
every three terms of Council (12 years). This review window should be deemed to commence
on the date of the last election for which the local council composition was changed. To ensure
compliance, these reviews and any composition changes . should also be subject to appeal to
the OMB.
FINANCIAL IMPLICATIONS:
The primary purpose of this report has been to identify the significance and scope of the
representation imbalance on Durham Regional Council and to propose a logical solution that will
have all electors, residents and taxpayers in the Region treated fairly and with respect.
Aside from restoring fair representation to Regional Council, the proposed 1.7 member solution
also provides a substantial cost savings benefit to all taxpayers in the Region. The base
remuneration for a member of Regional Council in 2012 (excluding the Regional Chair) was
$50,200.00., Committee- chair stipends, expenses for pension, travel, conferences, etc.,
averaged an additional $3,230 per member. (Source: Region Report 2013 -F -16) Additional
costs for insurance and health benefits, office support and supplies, technology devices, etc., as
well as other intangible benefits that should result from a leaner decision - making structure,
increase the cost of each member to at least $60,000 per year. Both York and Peel Regions
have similar Council remuneration structures. Therefore, reducing Durham Council from 28 to
17 members would yield a savings to Region taxpayers of at least $660,000 annually.
Given the cost savings and representation benefits that would result from a reduction in the size
of Regional Council, the modest expense required to complete a proper representation study
would be a very worthwhile investment. This report provides a considerable amount of the work
involved and ought to save the Region both time and costs associated with such a review.
Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 15
COMMUNICATION ISSUES:
This report and Town Council's recommendations will be sent to the Premier of Ontario, the
Minister of Municipal Affairs and Housing, the leaders of the Ontario PC and NDP Parties and
their municipal affairs critics, and to all Durham Region MPPs, with a specific request that the
Government of Ontario immediately impose strict measures on Durham Regional Council that
will provide fair, effective and cost - efficient representation for the Region's electors and
taxpayers. In addition, it will be recommended that the Municipal Act be amended to require all
municipalities to study and take the necessary action to maintain fair representation at regular
intervals not to exceed every three terns of council (12 years).
This report and Council's approved recommendations will be circulated to Regional Council in
the continued hope that it will act to correct its flawed representation. All lower -tier Councils in
the Region will receive the report with a request to endorse the Town's recommendations.
The Town's Corporate Communications office will develop and implement an integrated
communications strategy to inform and engage residents and key stakeholders of this matter.
CONCLUSION:
Representation on Durham Regional Council has become severely unbalanced due to the much
greater population growth that has occurred in some municipalities over the past 16 years. In
particular, the 52% of the Region's population that reside in Clarington, Whitby and Ajax are
significantly under - represented and have become disadvantaged in the`. Region's decision -
making and in their access to political representation.
In addition, that York Region's population is 70% greater than Durham's, yet Durham has a
Regional Council 40% larger than York's, provides a clear indication to local taxpayers that
Durham's Regional Council is larger and much more costly than it needs to be.
As noted by Professor Sancton, representation -by- population is the cornerstone of our
cherished Canadian democracy (p. 2). Electors and taxpayers trust their elected representatives
to serve them fairly'and with respect in all matters. Measuring voter equality is an important test
of our elected members' commitment to providing good government. Through its stubborn
refusal to maintain fair representation, Durham Regional Council has failed this test - far too
many times.
This deliberate and continuing refusal to act makes it necessary for the Government of Ontario
to intervene in order-to ensure that fair, effective and cost - efficient representation is provided to
all electors; residents and taxpayers in the Region of Durham.
ATTACHMENT 1: Composition of Regional Councils in the Greater Toronto Area
ATTACHMENT 2: "The History of Durham Regional Council Composition Changes" and
"The 1996 Regional Restructuring Committee Review"
ATTACHMENT 3: Region of Durham Council Consideration of Representation Reviews,
2007-2012
ATTACHMENT 4: "Regional Council Composition"
Regional Clerk Presentation to Durham Regional Council, April 27, 2011
i !
M: de Rond, Director
Legislative and Information Services Department
Subject: Durham Regional Council - The Need For Fair and Efficient Representation ( Page 16
ATTACHMENT 1
Composition of Peel York and Durham Regional Councils
REGION
Population
Regional Council Composition
Population
per Member
2011 Census
PEEL
1,296,814
24 Members
+ the Chair
54,034
Mississauga
713,433
Mayor +
11 Regional Councillors
59,453
Brampton
523,911
Mayor +
6 Regional Councillors
74,844,
Caledon
59,460
Mayor +
4 Regional Councillors
11,892
YORK
1,032,524
20 Members
+ the Chair
51,626
Markham
301,709
Mayor +
4 Regional Councillors
60,342
Vaughan
288,301
Mayor ±
3 Regional Councillors
72,075
Richmond Hill
185,541
Mayor +
2 Regional Councillors
61,847
Newmarket
79,978
Mayor +
1 Regional Councillor
39,989
Georgina
43,517
Mayor +
1 Regional Councillor
21,759
Aurora
53,203
Mayor
53,203
Whitchurch- Stouffville
37,628
Mayor
37,628
East Gwillimbury
22,473
Mayor
22,473
King
19,899
Mayor
19,899
DURHAM
608,031
28 Members + the Chair
21,715
Oshawa
149,607
Mayor +
7 Regional Councillors
18,701
Whitby
122,022
Mayor +
3 Regional Councillors
30,506
Ajax
109,600
Mayor +
2 Regional Councillors
36,533
Pickering
88,721
Mayor +.
3 Regional Councillors
22,180
Clarington
84,548
Mayor +
2 Regional Councillors
28,183
Scugog
21,569
Mayor +
1 Regional Councillor
10,785
Uxbridge
20,623
Mayor +
1 Regional Councillor
10,312
Brock
11,341
Mayor +
1 Regional Councillor
5,671
Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 17
ATTACHMENT 2
The History of Durham Regional Council Composition Changes
The Regional Municipality of Durham was established in 1974 with a 30 member council, plus a
Regional Chair. Representation for the five "lakeshorelurban" municipalities (Pickering, Ajax,
Whitby, Oshawa and Clarington) was based on a rep -by -pop approach while the three northern
townships (Scugog, Uxbridge and Brock) were provided enhanced representation of two
members each. In its first 23 years (1974— 1997), Regional Council composition was modified
twice, with each change correcting representation imbalances that had occurred -due to
significant population growth in some _ but not all - of the Region's lower -tier municipalities:
s In 1986, effective for the 1988 elections, by adding one member to each of Ajax and Whitby
resulting in a 32 member Council, plus the Chair.
➢ In 1996, effective for the 1997 elections, by reducing the Oshawa complement by three
members and Clarington's by one — resulting in a 28 member Council, plus the Chair.
TABLE Ala - Durham Regional Council Composition, 1974 — 2013
*Source: Statistics Canada Census
Changes are highlighted
Despite the extraordinary growth that has occurred in the Region, there have been no changes
to Council representation since 1997. Further, the size and distribution of the Region's
population in 2013 bears little resemblance to its origins of 40 years ago. Accordingly, the
existing system of unfair representation that is linked only to a distant past must be replaced
with a Council composition that instead promises fair and effective representation to all of the
Region's electors, residents and taxpayers in both the present and the future.
The 1996 Regional Restructuring Committee Review
The most recent adjustment to the composition of Regional Council occurred in 1996, when a
"Regional Restructuring Committee" was established for the speck purpose of making
recommendations to reduce the size of Council by 25 %, from 32 members to 24, in time for the
1997 elections. The committee was comprised of the, Regional Chair and one Regional
Councillor appointed by each of the eight area municipalitis. A representative from the Ministry
of Municipal Affairs and Housing assisted as a facilitator.
Instead of favouring the "relative parity of voting power" (rep -by -pop) as the first condition of
effective representation, the Committee used a formula designed primarily to justify and protect
continuation of the enhanced two member representation for the three townships, while still
reducing the overall size of Council. The two key flaws were:
1971
Population*
1974 -1988
Members
1988 -1997
Members
1997-
Members
2011 1
Population*
1971-2011
I Growth
Brock
7,6011
2 1
2
2
11,3411
3,740 ( 49.2 %)
Uxbridge
9,5071
2
1 2
2
1 20,6231
11,116 (116.9 %)
Scugog
9,732
2
2
2
21,569
11,837 (121.6 %)
Ajax
17,3441
2
3
1 109,6001
92,256 (531.9 %)
Whitby
1 25,3241
3
A -if-
4
1 122,022
96,698 (381.8 %)
Pickering
1 25,730
4
1 .4
4 1
88,721
62,991 (244.8%
Clarington
( 27,1981
4
1 4_
85,548
58,350 (214.5 %)
Oshawa
1 94,9941
11
1 11
149,607
54,613 ( 57.5 °!0)1
Region Total
1 217,4301
30
32 j
=t
608,031
2190,601 179.6%
*Source: Statistics Canada Census
Changes are highlighted
Despite the extraordinary growth that has occurred in the Region, there have been no changes
to Council representation since 1997. Further, the size and distribution of the Region's
population in 2013 bears little resemblance to its origins of 40 years ago. Accordingly, the
existing system of unfair representation that is linked only to a distant past must be replaced
with a Council composition that instead promises fair and effective representation to all of the
Region's electors, residents and taxpayers in both the present and the future.
The 1996 Regional Restructuring Committee Review
The most recent adjustment to the composition of Regional Council occurred in 1996, when a
"Regional Restructuring Committee" was established for the speck purpose of making
recommendations to reduce the size of Council by 25 %, from 32 members to 24, in time for the
1997 elections. The committee was comprised of the, Regional Chair and one Regional
Councillor appointed by each of the eight area municipalitis. A representative from the Ministry
of Municipal Affairs and Housing assisted as a facilitator.
Instead of favouring the "relative parity of voting power" (rep -by -pop) as the first condition of
effective representation, the Committee used a formula designed primarily to justify and protect
continuation of the enhanced two member representation for the three townships, while still
reducing the overall size of Council. The two key flaws were:
Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 18
i) The principle of rep -by -pop as a cornerstone of democracy was abandoned through the
appointment of the eight lower -tier Mayors as equal "first members" - even though they
represented communities with populations (in 1996) ranging from .12,000 to 134,000.
ii) The Committee's arbitrary target council size of 24 members caused the remaining 16
seats (added to the eight Mayors), to be assigned on a "rep -by- elector" basis. The formula
that was used caused fractional results that, when rounded, added two members and
resulted in a final recommendation for a 26 member Council. As explained more fully
following Table A2b (below), this flawed approach was compounded even further by the
subsequent addition of two more seats (both to Oshawa), ultimately resulting in a total
Council size of 28.
In June 1996, Regional Council approved an. amended version of the Regional Restructuring
Committee recommendations that resulted in a final reduction of Oshawa representation from
11 members to 8 - rather than to the 6 members recommended by the Committee. Further
amendments proposed at that time, to increase the Ajax and Clarington complements each by
one member and to reduce the representation in all three Township municipalities to their Mayor
only, were all defeated.
TABLE Alb - 1996 Reuional Restructuring Committee Methodology and Results
Objective: Reduce 32 member Council by 25% (down to 24 members + Chair)
24 members - 8 Mayors = 16 members elected from 308,130 electors
"308 130 Electors : 16 members = 19,258 electors-per- ember
The final outcome of this dubious methodology and political manipulation was an only slightly
smaller council size of 28 members (rather than the intended 24). In addition to the
questionable assignment of "Mayors -as- equals ", the electors- per - member formula was not re-
calculated based on the decision to add 20 members (rather than the original 16) to the eight
Mayors. Had the original target been a 28 member council, instead of 24, the calculation would
have been 308,130 electors _ 20 =.15,407 electors for each member. if each municipality's
total electors had been divided by 15,407 - and the same "rounding" approach applied - in
addition to their Mayors, both Ajax and Clarington should have been assigned three members
(rounded up from 2.6) while the Oshawa complement should have been six, instead of the
seven that were ultimately approved. Although that result would have yielded a 29 member
Council (excluding the Chair), it would nevertheless have provided a better rep -by -pop balance
than the one actually approved.
Electors,
(% of tottal) al)
Members 'per
19,258
Electors*
Committee
Recommendation and
% of total seats (26) ,
Final Council Approval
and % of total seats
(28)
Oshawa
94,402 (30.6 %)I
4.9
5 + Mayor = 23.1 %i
7 + Mayor = 28.6%
Pickering
49,343 (16.0 %)
2.5
3 + Mayor = 15.4 %1
3 + Mayor = 14.3%
Whitby
47,410 (15.4 %)
2.5
3 + Mayor = 15.4 %1
3 + Mayor= 14.3%
Ajax
40,734 (13.2 %)
2.1
2 + Mayor = 11.5 %1
2 + Mayor= 10.7%
Clarington
1 40,193 (13.0 %)
2.1
2 + Mayor = 11.5 %I
2 + Mayor = 10.7%
Scugog
14,735 (4.8 %)
0.8
1 + Mayor = 7.7 %1
1 + Mayor = 71 %
Uxbridge
11,608 (3.8 %)
0.6
1 + Mayor = 7.7 %1
1 + Mayor= 7.1 %
Brock
9,708 (3.2 %)
0.5
1 + Mayor = 7.7 %1
1 + Mayor = 7.1 %
Region
Total
308,130 (100%)
16
18 + 8 Mayors + Chair
= 27 Member Council
20 + 8 Mayors + Chair
= 29 Member Council
The final outcome of this dubious methodology and political manipulation was an only slightly
smaller council size of 28 members (rather than the intended 24). In addition to the
questionable assignment of "Mayors -as- equals ", the electors- per - member formula was not re-
calculated based on the decision to add 20 members (rather than the original 16) to the eight
Mayors. Had the original target been a 28 member council, instead of 24, the calculation would
have been 308,130 electors _ 20 =.15,407 electors for each member. if each municipality's
total electors had been divided by 15,407 - and the same "rounding" approach applied - in
addition to their Mayors, both Ajax and Clarington should have been assigned three members
(rounded up from 2.6) while the Oshawa complement should have been six, instead of the
seven that were ultimately approved. Although that result would have yielded a 29 member
Council (excluding the Chair), it would nevertheless have provided a better rep -by -pop balance
than the one actually approved.
Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 19
ATTACHMENT 3
Region of Durham Council Consideration of Representation Reviews, 2007 - 2092
May 30, 2007 - Regional Council considered the following Ajax Council proposal and decided
to "receive for information" only - meaning that no action was taken.
'WHEREAS necessary changes.to the Town of Ajax ward boundaries and possible changes to
Council composition for the 2010, regular municipal elections are affected significantly by the
number of Town of Ajax representatives on the Council of the Regional Municipality of Durham;
WHEREAS 2006 Statistics Canada Census population statistics for Durham Region and the
Regional Municipality of Durham's own population forecasts indicate that the current
composition of Region Council is not representative of the populations in the Region rs lower -tier
municipalities;
WHEREAS the Town of Ajax has the highest population per Region Council member in the
entire Region;
BE IT RESOLVED THAT the Council of the Regional Municipality of Durham undertake
immediately a review of census information and population forecasts and initiate the process
required to approve changes to the composition of Region Council as outlined in the Municipal
Act, 2001, as amended, and,
THAT, to allow lower -tier municipalities to complete their own reviews and approve council
composition and /or boundary changes by December 31, 2009 in order that all desired changes
will be in effect for the 2010 regular elections, any changes to the composition of the Council of
the Regional Municipality of Durham be approved no later than December 31, 2008; and,
THAT the Region's review be guided by a committee comprised of the Region Chair and
Mayors, or their designates; and,
THAT, commencing with the 2010 regular municipal elections, Option 2 in Appendix 'B' to this
report be recommended as the preferred composition of the Council of the Regional Municipality
of Durham; and,
THAT the Region of Durham adopt a policy requiring a review of Council representation and
composition immediately following the publishing of the comprehensive national census
population statistics every ten years; and,
THAT all Durham Region municipal councils be requested to endorse this resolution."
The votes of the individual members on the motion, together with their local municipality
affiliation, are listed below
YES (15);
O'Connor and Grant, Brock
Abernethy, Novak and Trim, Clarington
Pidwerbecki, Oshawa,
Ryan, Johnson and McLean, Pickering
Pearce, Scugog
Perkins, Drumm and Emm, Whitby
Shepherd and Herrema, Uxbridge
NO (10):
Parish and Crawford, Ajax
Gray, Cullen, Henry, Kolodzie, Lutczyk
Neal and Nicholson, Oshawa
Mitchell, Whitby
ABSENT (3):
Jordan, Ajax,
Littley, Pickering
McMillen, Scugog
Subject: Durham Regional Council - The Need For Fair and Efficient Representation Page 20
October 29,'2008 — This motion, which accurately described the existing and growing
representation disparity across the Region, was defeated even though it proposed that the
necessary representation adjustments would not take effect until the 2014 elections.
WHEREAS the original composition of Council of the Regional Municipality of Durham in 1974,
the 1996 'Regional Restructuring Committee Report" - and the Regional Council and
Government of Ontario approvals related thereto - established representation principles that
form the basis for the fair composition of Regional Council; and,
-WHEREAS the 2006 Statistics Canada Census and the population forecasts for Durham Region
indicate that the current composition of Regional Council differs significantly from the
populations of the Region's lower -tier municipalities and does not maintain the representation
principles established for the fair composition of Regional Council; and,
WHEREAS the Town of Ajax presently has the highest population per Regional Council
member in the entire Region and by 2012 is predicted to have a population /member ratio that is
nearly double the average for the Region and 25% greater than any other municipality; and,
WHEREAS, according to the Region's population forecasts, if this matter remains unaddressed
by Regional Council the electors and taxpayers of the Town of Ajax will continue to be under-
represented and disadvantaged at Regional Council for the next fifteen years, or snore; and,
WHEREAS the census and population forecast data indicate that other local municipalities in
the Region, namely the Town of Whitby and the Municipality of Clarington, may have similar
under - representation concerns,
BE lT RESOLVED THAT the Council of the Regional Municipality of Durham undertake a
Regional Council composition review that will consider all suitable representation options, and
that this review be initiated by the end of 2008; and,
THAT such review be completed by 2010 in order to be effective for the 2014 municipal
elections.
YES (8):
Parish, Crawford and Jordan Ajax
Henry and Kolodzie, Oshawa
Johnson and Littley, Pickering
Mitchell, Whitby
ABSENT (2)
Lutczyk, Oshawa
Perkins, Oshawa
NO (18):
O'Connor and Grant, Brock
Abernethy, Novak and Trim, Clarington
Gray, Cullen, Neal, Nicholson and
Pidwerbecki, Oshawa
Ryan, and McLean, Pickering
Pearce and McMillen, Scugog
Drumm and Emm, Whitby
Shepherd and Herrema, Uxbridge .
December 10, 2010 — At the very outset of the new term of Council, Regional Chair Roger
Anderson's Inaugural Address included this statement:
"As a Council, I believe there are some vital issues that need our immediate attention.....
A pressing issue is to review representation on Regional Council. We have a situation that has
become increasingly unbalanced as Durham has grown. By dealing with these matters early in
the term, the process to implement Council's desired changes can be completed in time for the
2014 election. "
Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 21
April 27 - 29, 2011 — Regional Council Strategic Planning Session
The Regional Clerk provided a presentation on "Regional Council Composition" .(Attachment 2),
including elector and population data, that clearly demonstrated the severity of the unfair
distribution of representation and identified adjustments that would improve the rep -by -pop
balance on Regional Council.
Despite this compelling information, Regional Council gave no immediate indication that it was
willing to initiate any measures that would address the unfair representation issue.
June 8, 2011 Regional Council Meeting
Following up on the Regional Clerk's April presentation, this motion offered a conciliatory
approach to addressing the unfair representation issue - and was soundly defeated by Council:
WHEREAS a comprehensive review of the composition of Regional Council was last
undertaken in 1998 with the establishment of a Regional Restructuring Committee;
WHEREAS the Committee consisted of the Regional Chair and one member of Regional
Council appointed by each area municipality and a representative from the Ministry of Municipal
Affairs and Housing;
WHEREAS the Regional Clerk's Department presented information during the April 27-29, 2011
Special Council Meeting that demonstrated inequitable citizen representation amongst the five
urban Lakeshore municipalities;
AND WHEREAS changes to the composition of Regional Council may necessitate changes to
lower -tier Council composition and ward boundaries;
NOW THEREFORE BE IT RESOLVED:
THAT a Council Composition Review Committee be established and comprised of the
Regional Chair and the Mayor's, or Council Designates, from each lower -tier municipality to
address the issue of fair and equitable representation among the Lakeshore municipalities
based on the understanding:
ii) the size of Regional Council remain at a maximum of 28 members plus the Regional
Chair; and
iii) the three northern municipalities continue to be represented by two representatives each
2. THAT, to allow lower -tier municipalities to complete their own reviews and approve Council
composition and /or boundary changes by December 31, 2013 in order that all desired
changes will be in effect for the 2014 regular elections, the Committee will report its findinggs
to the Council of the Regional Municipality of Durham no later than December 31, 2011; and
3. THAT the Region adopt a policy requiring a substantive review of Council representation and
composition immediately following the publishing of the comprehensive national census
population statistics every ten years, such next review to take place by December 31, 2021.
YES (9):
Parish, Collier and Jordan, Ajax
Foster, Novak and Woo, Clarington
O'Connell and Rodrigues, Pickering
Mitchell, Whitby
ABSENT (2):
McLean, Pickering
O'Connor, Uxbridge
NO (17):
Clayton and Bath, Brock
Henry, Aker, Chapman, Diamond, England,
Marimpietri, Neal and Pidwerbecki, Oshawa
Ryan, Pickering
Mercier and Drew, Scugog
Perkins, Drumm and Coe, Whitby
Ballinger, Uxbridge
Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 22
October 31, 2012 - Regional Council Meeting
Regional Council approved the recommendations in Report 2012 -A -42 which authorized a
submission to the Federal Electoral Boundaries Commission for the Province of Ontario that
proposed a "reasonable" alternative to the districts being recommended across the Region. The
great irony, of course, is that Regional Council invested far more the time and concern in
challenging the proposed federal electoral districts than it has given to the obvious and
longstanding representation flaws that exist within its own Council Chambers.
December 12, 2012 - Regional Council Meeting
As the mid -point of the term of Council approached, and with no commitment to addressing the
representation issue in place, the following resolution was presented and defeated at the
Finance and Administration Committee (Nov. 13, 2012) and subsequently at Regional Council
(Dec. 12, 2012). Once again, a majority of the Council decided that it was not even worthy to
establish a committee to study the matter.
"a) THAT leave 'be granted to re- introduce the matter of establishing a committee to review the
composition of Council;
b) THAT Council establish a committee to review the composition of Council;
c) THAT the Committee consist of the Regional Chair and the eight Mayors or their
designates,
d) THAT the committee report back directly to Regional Council by April 2013, and
e) THAT subject to the decision by Regional Council to change the size of Council, that the
Minister of Municipal Affairs and Housing be requested to enact a regulation to authorize
The Regional Municipality of Durham to exercise its power under Section 218 of the
Municipal Act, 2001 in order to change the composition of Regional Council."
YES (9):
Parish, Collier and Jordan, Ajax
McLean; O'Connell and Rodrigues, Pickering
Mitchell, Whitby
O'Connor, Ballinger, Uxbridge
ABSENT (2):
Foster, Clarington
Chapman, Oshawa
NO (17):
Clayton and Bath, Brock
Foster, Novak and Woo, Clarington
Henry, Aker, Diamond, England,
Marimpietri, Neal and Pidwerbecki, Oshawa
Ryan, Pickering
Mercier and Drew, Scugog
Perkins, Drumm and Coe, Whitby
Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 23
ATTACHMENT 4
"Regional Council Composition"
Regional Clerk Presentation, Special Meeting of Durham Regional Council, April 27 - 29, 2011.
REGIONAL COUNCIL
COMPOSITION
Special Council Meeting
April 27 -2% 2011
Subject: Durham Regional Council - The Need For Fair and Efficient Representation Page 24
COUNCIL STRUCTURE - HISTORY
The Region was established in 1974 with a 30 member Council, plus
a Regional Chairman.
The composition of Council has changed twice, from 30 members
plus the Regional Chair in 1974, to 32.members plus the Regional
Chair in 1989% to 28 members plus the Regional Chair in 1998**.
kIn 1986, in response to Bill 22, the Regional Municipalities
Amendment Act, Regional Council passed a resolutio n requesting
the Minister to provide for the Towns of Ajax and Whitby to each
have one additional representative on Regional Council effective
December 1, 1988.
* *In 1996, a Regional Restructuring Committee was established and
on June 19, 1996 Regional Council approved the recommendations of
the Committee, as amended, to provide for a Council of 28 members
plus the Regional Chair. This was subsequent )y approved by the
Ontario Legislature through an amendment to Bill 86, the Better
Local Government Act, 1996.
2
COUNCIL STRUCTURE
1974 to 1988
1989 to 1997 1998
to Present
AJAX
2 Members
3 Members
3 Members
BROCK
2 Members
2 Members
2 Members
CLARINGTON
4 Members
4 Members
3 Members
OSHAWA
11 Members
11 Members
8 Members
PICKERING
4 Members
4 Members
4 Members
SCUGOG
2 Members
2 Members
2 Members
UXBRIDGE
2 Members
2 Members
2 Members
WHITBY
3 Members
4-Members
.4 Members
TOTAL
30 Members
32- Members
28 Members
3
Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 25
REGIONAL RESTRUCTURING COMMITTEE
The Regional Restructuring Committee was established in 1996 as a
result of the resolution passed by Council on September 22, 1995 to
establish a special comrn>ittee to investigate reducing Councillor
representation for the November 1997 IIection.
The Committee consisted of the Regional Chair and one member of
Regional Council appointed by each area municipality. The Committee
also included a representative from the Ministry of Municipal Affairs
and Housing, who acted as facilitator.
The Final Report of the Regional Restructuring Committee
recommended a Council composition of 26 members, plus the Regional
Chair.
The Committee recommended that the Mayors of each area
municipality be members of Regional Council and that the Mayors be
factored out of any equation used to determine the overall size and
distribution of Regional Council.
REGIONAL RESTRUCTURING COMMITTEE
In determining the size and distribution of Regional Council, the
Committee developed a formula using the number of electors in
Durham Region in 1994 and a 25% reduction in the current size of
Council. At that time the recommended composition was one Regional
Councillor for every 19,258 electors.
On June 19, 1996, Council approved the recommendations of the
Regional Restructuring Committee, as amended, to provide for a
Council composition of 28 members, plus the Regional Chair. The
Restructuring Committee's recommended composition was amended
by providing two additional members to the City of Oshawa.
At the Council meeting, amendments were also proposed to add one
additional member to both the Town of Ajax and Municipality of
Clarington, and to provide for only one member from the combined
municipalities of the Townships of Brock, Scugog and Uxbridge.
These amendments were all defeated.
Subject: Durham Regional Council - The Need For Fair and Efficient Representation Page 26
REr"RESEMA" I` ON BY ELECTORS
The Regional Restructuring Committee Formula was based on
representation by number of electors. This is a method by which seats
are allocated in such a way as to vary with the number of electors and
whereas the higher the number of electors in a municipality, the more
seats allocated to that municipality.
For example, utilizing a formula of the Mayor plus one Councillor for
every 24,000 of eligible electors in the 2010 municipal elections, the
composition of Regional Council would decrease to 27 members, plus
the Regional Chair.
The following chart outlines the distribution of members by area
municipality based on this formula, with the assumption that each
area municipality will be entitled to one Regional Councillor in
addition to the Mayor.
6
REPRESENTATION BY M FC'I'ORS
2010 Electors
24,000 Electors
Representation Change
per Councillor
AJAX
69,624
2.9
3 + Mayor + 1
BROCK
10,525
0.4
1 + Mayor -
CLARINGTON
58,628
2.4
2 + Mayor -
OSHAWA
110,947
4.6
5 + Mayor -2
PICKERING
65,273
2.7
3 + Mayor -
SCUGOG
18,433
0.8
1 + Mayor -
UXBRIDGE
16,203
0.7
1 + Mayor -
WHITBY
82,623
3.4
3 +Mayor -
DURHAM
432,256
18.0
19 + 8 Mayors - 1
Total — 27 Members of Council
Assumptions:
Mayor of each Area
Munieipalin is a member of Rc4onal Counal
_ Each Area'Municipality will hart a minimum of 1 Re&wd Couneillorin addition to chi Mayor 7.
Subject: Durham Regional Council - The Need For Fair and Efficient Representation Page 27
RMPRESEMA110N B P�PTJLA'I'I N
Since 2001, the issue of Council composition and future
representation has been brought forward several times. At these
times, the approach of representation by population has been
discussed.
Representation by population is a method by which seats are
allocated in such a way as to vary with population. The higher the
population of a municipality, the larger the number of seats allocated
to that municipality.
The following chart outlines the distribution of our current 28.
members by area municipality based on a formula of the Mayor plus
one Councillor for every 35,000 population, with the assumption that
each area municipality will be entitled to one Regional Councillor in
addition to the Mayor.
s
nPnSEN ATION B POPUL&TION
2010
35,000 Population
Representation
Change
Population
per Councillor
AJAX
110,455
3.2
3 + Mayor
+ 1
BROCK
12,610
0.4
1 + Mayor
-
CLARINGTON
86,495
2.5
3 + Mayor
+1
OSHAWA
152,495
4.4
4 + Mayor
-3
PICKERING
90,765
2.6
3 + Mayor
-
SCUGOG
22,700
0.6
1 + Mayor
-
UXBRIDGE
21,405
0.6
1 + Mayor
-
WHITBY
124,495
3.6
4 + Mayor
+1
DURHAM
621,420
17.8
20 + 8 Mayors
-
Total
— 28 Members
of Council
Assiunptions:
I. I\Savorof each Arca Municipaliry
i, a mcmbcr of
Rcs onal Council
Each Lrcnl%lunicipnky Trill have a minimum of
1 ReDonal Councillor in addition to the
\facer
9
Subject: Durham Regional Council - The Need For Fair and Efficient Representation
POP ATION - HISTORICAL GROWTH
Page 28
DURHAM 430,025 477,630 532,585 592,605 621,420 44.5
Population estimates as pro%4ded by the Regional Planning Department to the end of December.
10
OTHER REGIONAL MUNICIPALITIES
Population Size of Council Representation
Council
Halton 492,100 20 members, Regional Chair
plus Regional Mayor + 6 members - Burlington (7)
Chair Mayor+ 6 members - Oakville (7)
Mayor + 2 members - Halton Hills (3)
Mayor + 2 members - Milton (3)
Peel 1,307,768 24 members, Regional Chair '
plus Regional Mayor + 11 members - Mississauga (12)
Chair Mayor + 6 members - Brampton (7)
Mayor + 4 members - Caledon (5)
It
1991
1996
2001
2006
2010
%
Change
AJAX
60,250
67,960
78,085
97,830
110,455
83.3
BROCK
11,500
12,160
12,590
12,420
12,610
9.7
CLARINGTON
52,605
63,310
73,285
81,750
86,495
64.4
OSHAWA
134,130
138,990
144,710
148,590
152,495
13.7
PICKERING
72,460
82,440
90,725
91,510
90,765
25.3
SCUGOG
18,535
19,485
21,195
22,595
22,700
22.5
UXBRIDGE
14,805
16,600
18,140
20,275
21,405
44.6
WHITBY
65,740
76,685
93,860
117,635
124,495
89.4
DURHAM 430,025 477,630 532,585 592,605 621,420 44.5
Population estimates as pro%4ded by the Regional Planning Department to the end of December.
10
OTHER REGIONAL MUNICIPALITIES
Population Size of Council Representation
Council
Halton 492,100 20 members, Regional Chair
plus Regional Mayor + 6 members - Burlington (7)
Chair Mayor+ 6 members - Oakville (7)
Mayor + 2 members - Halton Hills (3)
Mayor + 2 members - Milton (3)
Peel 1,307,768 24 members, Regional Chair '
plus Regional Mayor + 11 members - Mississauga (12)
Chair Mayor + 6 members - Brampton (7)
Mayor + 4 members - Caledon (5)
It
Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 29
York
O'I`HER REGIONAL MUNICIPALl-, S
Population Size of
Council
1,061,983 20 members,
plus Regional
Chair
Council Representation
Regional Chair
Mayor + 4 members - Markham (5)
Mayor + 3 members - Vaughan (4)
Mayor + 2 members - Richmond Hill (3)
Mayor + 1 member - Georgina (2)
Mayor+ 1 member - Newmarket (2)
Mayor from each of Aurora, East
Gwillimbury, King, and Whitchurch-
Stouffville (4)
Waterloo 543,700 15 members, Regional Chair
plus Regional Mayor + 4 members - Kitchener (5)
Chair Mayor + 2 members - Cambridge (3)
Mayor + 2 members - Waterloo (3)
Mayor from each of North Dumfries,
Wellesley, Wilmot, and Woolwich (4)
12
AGING 'I HIE; COUNCIL STRUCTURE
In order to change the composition of Council, a formal process is
required to be followed in accordance with the Municipal Act, 2001.
Regional Council is required to adhere to the following process:
Regional Council would pass a resolution requesting the
Minister of Municipal Affairs and Housing to enact a
regulation authorizing the Region to exercise its powers
under Section 218 of the Municipal Act to change the
composition of Council.
ii. The Minister of Municipal Affairs and Housing makes a
regulation authorizing the Region to exercise its powers
under Section 218.
iii. Regional Council drafts a by -law to exercise its powers to
change the composition of Regional Council pursuant to the
provisions of the regulation and subject to the rules set out in
subsection 218 (1).
13
Subject: Durham Regional Council - The Need For Fair and Efficient Representation I Page 30
CHI"NGING THE COUNCIL STRUCTURE
iv. The Regional Clerk gives notice of Council's intention to pass
a by-law under Section 218 and hold at least one public
meeting to consider the matter.
V. The by -law must pass a "triple majority ". A "triple majority"
is achieved when:
the by -law receives the support of a majority of all votes
of Regional Council.;
a majority of the councils of all lower -tier municipalities
pass resolutions consenting to the by -law; and
the total number of electors in the lower -tier
municipalities that have passed resolutions consenting
to the by -law form a majority of all the electors in the
Region.
14
CHANGING THE COUNCIL STRUCTURE
w The by -law would then come into force on the day the
new council is organized following the first regular
election after the passing of the by -law.
va The first regular election after the passing of the by -law
will be conducted as if the by -law was already in force.
In order to change the composition of Council for the 2014 -2018 term
of Council, the process stipulated in the Municipal Act would have
to be completed by December 31, 2013.
15
subject: Durham Regional Council - The Need For Fair and Efficient Representation Page 31
NEXT STEPS
Prior to conducting a review of the Council composition, Council
may wish to form a Special Committee comprised of the Regional
Chair and one representative from each Area Municipality.
This Special Committee could function similar to the 1996 Regional
Restructuring Committee and report back to Regional Council with
its recommendations.
In order to establish a Special Committee, a resolution setting out the
composition and the process for the selection of members would
need to be passed by Council.
16
� 7rs E :: : Y Y �:: ■
June 17, 2013
COMMITTEE REPORTS
a) Joint Report JT 2013 -06 of the Joint Planning & Development and Executive
Committee
Pages
1. Director, City Development, Report PLN 14 -13 1 -11
Zoning By -law Amendment Application A 3/13
OPB Realty Inc. (Pickering Town Centre)
1355 Kingston Road
Recommendation
That Zoning By -law Amendment Application A 3/13, submitted by OPB Realty
Inc., to permit a seasonal outdoor Farmers' Market use on lands municipally
known as 1355 Kingston Road, be approved, and that the draft zoning by -law, as
set out in Appendix I to Report PLN 14 -13 be forwarded to City Council for
enactment.
2. Director, City Development, Report PLN 16 -13 12 -39
Official Plan Amendment Application OPA 12 -002 /P
Draft Plan of Subdivision Application SP- 2012 -02
Draft Plan of Condominium Application CP- 2012 -03
Zoning By -law Amendment Application A 5/12
Nanak Creations Inc.
Part of Lot 1, Plan 388 and Block 39, Plan 40M -2086
(283 -299 Finch Avenue)
Recommendation
That Official Plan Amendment Application OPA 12- 002 /P, submitted by
Nanak Creations Inc., on lands being Part of Lot 1, Plan 388 and Block 39,
Plan 40M -2086, to redesignate the subject lands from "Urban Residential
Areas — Low Density Areas" to "Urban Residential Areas — Medium Density
Areas ", be approved, as outlined in Appendix I to Report Number PLN 16 -13,
and that staff be authorized to finalize and forward the draft by -law to adopt
Amendment No. 24 to the Pickering Official Plan to Council for enactment;
2. That Draft Plan of Subdivision Application SP- 2012 -02, submitted by Nanak
Creations Inc., on lands being Part of Lot 1, Plan 388 and Block 39, Plan 40M-
2086, to establish blocks for residential, road widening and 0.3 metre reserve
uses as shown on Attachment #4 to Report Number PLN 16 -13, and the
implementing conditions as set out in Appendix II, be endorsed; and
3. Further, that Zoning By -law Amendment Application A 5/12, submitted by
Nanak Creations Inc., to implement the Draft Plan of Subdivision SP- 2012 -02
and to permit the development of 23 townhouse units on a common element
condominium road, be endorsed as outlined in Appendix III to Report
Number PLN 16 -13, and that staff be authorized to finalize and forward an
implementing Zoning By -law Amendment to Council for enactment.
Part "B"
Executive Committee Reports
Director, Corporate Services & City Solicitor, Report FIN 13 -13
2012 Year End Audit 40 -109
Recommendation
That Report FIN 13 -13 of the Director, Corporate Services & Solicitor be
received;
2. That the Year -end Communication Report as submitted by Deloitte LLP
( Deloitte) be received for information; and,
3. That the 2012 draft Audited Consolidated Financial Statements for the City of
Pickering be approved.
2. Director, Engineering & Public Works, Report ENG 09 -13 110 -117
Tender for Asphalt Resurfacing on Rosebank Road
- Tender No. T -20 -2013
Recommendation
That Report ENG 09 -13 of the Director, Engineering & Public Works
regarding Tender for Asphalt Resurfacing on Rosebank Road be received;
2. That Tender No. T -10 -2013 as submitted by Coco Paving Inc. for Asphalt
Resurfacing on Rosebank Road in the total tendered amount of $141,025.79
(HST included) be accepted;
3. That the total gross project cost of $159,310.00 (HST included), including the
tender amount and other associated costs and the total net project cost of
$143,464.00 (net of HST rebate) be approved;
4. That Council authorizes the (Acting) Division Head, Finance & Treasurer to
finance the project in the amount of $143,464.00 from Other Revenue York
Region (South East Collector Enhancements) be approved; and
5. That the appropriate City of Pickering officials be authorized to take
necessary action to give effect thereto.
3. Director, Engineering & Public Works, Report PW 03 -13 118 -125
Tender No. T -6 -2013
- Reconstruction of Tennis Courts — David Farr Park and Claremont Park
Recommendation
That Report PW 03 -13 of the Director, Engineering & Public Works regarding
Tender No. T -6 -2013 for Reconstruction of Tennis Courts - David Farr Park
and Claremont Park be received;
2. That Tender No. T -6 -2013 submitted by Court Contractors Ltd. for
Reconstruction of Tennis Courts - David Farr Park and Claremont Park in the
amount of $224,343.70 (HST included) be accepted;
3. That the total gross project cost of $251,355.00 (HST included) including the
tender amount and other associated costs and the total net project cost of
$226,353.00 (net of HST rebate) be approved;
4. That Council authorize the (Acting) Division Head, Finance & Treasurer to
finance the sum of $226.353.00 as approved in the 2011 and 2013 Capital
Budgets from Parkland Reserve Fund; and
5. That the appropriate City of Pickering officials be authorized to take
necessary action in order to give effect thereto.
4. Director, Engineering & Public Works, Report PW 04 -13 126 -135
Supply and Delivery of One New Current Model Year Road Grader
- Quotation No. Q -23 -2013
Recommendation
That Report PW 04 -13 of the Director, Engineering & Public Works regarding
Quotation No. Q -23 -2013 for the Supply and Delivery of One New Current
Model Year Road Grader be received;
2. That Quotation No. Q -23 -2013 as submitted by Nortrax Canada Inc. in the
total quotation amount of $246,193.10 (HST included), for the Supply and
Delivery of One New Current Model Year Road Grader, including a trade -in
on the City's 2002 Volvo 740VHP be accepted;
3. That the total gross project cost of $249,583.00 (HST included), including the
quotation amount and other associated costs, and the total net project cost of
$224,757.00 (net of HST rebate) be approved;
4. That Council authorize the (Acting) Division Head, Finance and Treasurer to
finance the net project cost of $224,757.00 as follows:
a) that the sum of $220,000.00, be financed by the issue of debentures by
The Regional Municipality of Durham over a period not to exceed five
years, at a rate to be determined;
b) that the sum of $4,757.00 be funded from property taxes;
c) that the annual repayment charges in the approximate amount $47,000.00
be included in the annual Current Budget for the City of Pickering,
commencing in 2014 and continuing thereafter until the debenture
financing is repaid; and any financing cost to be paid out of the Current
Budget;
5. That the draft by -law attached to this report be enacted; and
6. That the appropriate City of Pickering Officials be authorized to take
necessary action to give effect thereto.
5. Director, Engineering & Public Works, Report PW 05 -13 136 -145
Supply and Delivery of One New 41,000 LB. GVW Dump Truck with Snow Plow
and Wing
- Quotation No. Q -22 -2013
Recommendation
That Report PW 05 -13 of the Director, Engineering & Public Works regarding
the Supply and Delivery of One New 41,000 LB. GVW Dump Truck with
Snow Plow and Wing be received;
2. That Quotation No. Q -22 -2013, as submitted by Tallman Truck Centre
Limited for the Supply and Delivery of One New 41,000 LB. GVW Dump
Truck with Snow Plow and Wing in the amount of $211,310.00 (HST
included) be accepted;
3. That the total gross project cost of $212,440.00 (HST included) and a net
project cost of $191,309.00 (net of HST rebate) be approved;
4. That Council authorize the (Acting) Division Head, Finance &Treasurer to
finance the project as follows;
a) that the sum of $190,000.00 be financed by the issue of debentures
through the Regional Municipality of Durham for a period not exceeding
five years, at a rate to be determined;
b) that the balance of $1,309.00 be funded from property taxes;
c) that the annual repayment charges in the approximate amount of
$41,000.00 be included in the annual Current Budget for the City of
Pickering commencing in 2014 and continuing thereafter until the
debenture financing is repaid and any financing cost to be paid out. of the
Current Budget;
5. That the draft by -law attached to this report be enacted; and
6. That the appropriate City of Pickering Officials be authorized to take
necessary action to give effect.
6. Director, Corporate Services & City Solicitor, Report FIN 14 -13 146 -148
Section 357/358 of the Municipal Act— Adjustment to Taxes
Recommendation
That Report FIN 14 -13 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.
7. Director, Corporate Services & City Solicitor, Report FIN 15 -13 149 -152
Development Charges — Annual Indexing
Recommendation
That Report FIN 15 -13 of the Director, Corporate Services & City Solicitor be
received;
2. That effective July 1, 2013 as provided for in Section 16 of By -law 6978/09,
the Development Charges referred to in Sections 6 and 11 of that By -law be
increased by 0.8 percent; and,
3. That the appropriate officials of the City of Pickering be given authority to
give effect thereto.
8. Director, Corporate Services & City Solicitor, Report FIN 16 -13 153 -156
2013 Property and Liability Insurance Renewal (Six Months)
Recommendation
That Report FIN 16 -13 of the Director, Corporate Services & City Solicitor
regarding the insurance renewal be received;
2. That the City of Pickering renew its property, liability and other insurance
policies through the Frank Cowan Company for the period July 1, 2013 to
January 1, 2014 in the amount of $391,913 ( plus applicable taxes) and
inclusive of terms and conditions acceptable to the (Acting) Division Head
Finance & Treasurer;
3. That L.V. Walker & Associates be confirmed as the City's Adjuster of Record
for property, liability and other insurance and related matters;
4. That the (Acting) Division Head, Finance & Treasurer be authorized to settle
any claims including any adjusting and legal fees, where it is in the City's
interest to do so;
5. That the (Acting) Division Head, Finance & Treasurer be authorized to
purchase additional insurance, make changes to deductibles and existing
coverages, and alter terms and conditions as becomes desirable or
necessary in order to limit potential liability exposure and to protect the
assets of the City and its elected officials and staff; and,
6. That the appropriate officials be authorized to take the necessary actions to
give effect thereto.
NEW AND UNFINISHED BUSINESS
June 17, 2013
PAGES
Director, Engineering & Public Works, Report ENG 10 -13 71 -80
Tender for Liverpool Road Reconstruction and Minor Storm Sewer Repair
From Ilona Park Road to Krosno Boulevard
- Tender No. T -13 -2013
Recommendation
That Report ENG 10 -13 of the Director, Engineering & Public Works
regarding the Liverpool Road Reconstruction and Minor Storm Sewer Repair
from Ilona Park Road to Krosno Boulevard be received;
2. That Tender No. T -13 -2013 as submitted by IPAC Paving Ltd. in the total
tender amount of $475,998.38 (HST included) be accepted;
3. That the total gross project cost of $554,647.00 (HST included), including the
tender amount and other associated costs and the total net project cost
$499,477.00 (net of HST rebate) be approved;
4. That Council authorizes the (Acting) Division Head, Finance & Treasurer to
finance the project in the amount of $499,477.00 as follows:
a) The sum of $495,000.00 be financed by the issue of debentures by The
Regional Municipality of Durham over a period not to exceed ten years, at
a rate to be determined;
b) The sum of $4,477.00 plus issuing cost be funded from property taxes;
c) The annual repayment charges in the amount of approximately $58,000.00
be included in the annual Current Budget commencing in 2014 and
continuing thereafter until the debenture financing is repaid;
d) The Treasurer be authorized to make any changes, adjustments, and
revisions to amounts, terms conditions, or take any actions necessary in
order to effect the foregoing;
5. That the draft by -law attached to this report be enacted; and
6. That the appropriate City of Pickering officials be authorized to take
necessary action to give effect thereto.
From: Richard W. Holborn
Director, Engineering & Public Works
Report to
Council
Report Number: ENG 10 -13
Date: June 17, 2013
Subject: Tender for Liverpool Road Reconstruction and Minor Storm Sewer Repair
from Ilona Park Road to Krosno Boulevard
- Tender No. T -13 -2013
- File: A -1440
Recommendation:
1. That Report ENG 10 -13 of the Director, Engineering & Public Works regarding the
Liverpool Road Reconstruction and Minor Storm Sewer Repair from Ilona Park Road
to Krosno Boulevard be received;
2. That Tender No. T -13 -2013 as submitted by IPAC Paving Ltd. in the total tender
amount of $475,998.38 (HST included) be accepted;
3. That the total gross project cost of $554,647.00 (HST included), including the tender
amount and other associated costs and the total net project cost $499,477.00 (net
of HST rebate) be approved;
4. That Council authorizes the (Acting) Division Head, Finance & Treasurer to finance
the project in the amount of $499,477.00 as follows:
a) The sum of $495,000.00 be financed by the issue of debentures by The
Regional Municipality of Durham over a period not to exceed ten years, at
a rate to be determined;
b) The sum of $4,477.00 plus issuing cost be funded from property taxes;
c) The annual repayment charges in the amount of approximately
$58,000.00 be included in the annual Current Budget commencing in 2014
and continuing thereafter until the debenture financing is repaid;
d) The Treasurer be authorized to make any changes, adjustments, and
revisions to amounts, terms conditions, or take any actions necessary in
order to effect the foregoing;
5. That the draft by -law attached to this report be enacted; and
6. That the appropriate City of Pickering officials be authorized to take necessary
action to give effect thereto.
Report ENG 10 -13 June 17, 2013
Tender for Liverpool Road Reconstruction and Minor Storm Sewer Repair
from Ilona Park Road to Krosno Boulevard
Tender No. T -13 -2013 Page 2
Executive Summary: As part of the 2013 Roads Capital Budget Liverpool Road
Reconstruction and Minor Storm Sewer Repair from -Ilona Park Road to Krosno
Boulevard was approved as a construction project. Tender No. T -13 -2013 was issued
on Wednesday, May 8, 2013 and closed on Monday, May 27, 2013 with six bidders
responding. The low bid submitted by IPAC Paving Ltd. is recommended for approval.
The total gross project cost is estimated at $554,647.00 (HST included) and the total net
project cost is estimated at $499,477.00 (net of HST rebate).
Financial Implications:
1. Tender Amount
Tender No. T -13 -2013 $421,237.50
HST (13 %) 54,760.88
Total Gross Tender Cost $475,998.38
z. tstimatea Project c;ostina summa
Tender No. T -13 -2013 for Liverpool Road $421,238.00
Reconstruction and
Minor Storm Sewer Repair from Ilona Park Road to
Krosno Boulevard
Associated Costs
Utility Relocations and Pre - Engineering 17,600.00
Materials Testing 10,000.00
Construction Contingency 42,000.00
Total 490,838.00
HST (13 %) 63,809.00
Total Gross Project Cost $554,647.00
HST Rebate (11.24 %) (55,170.00)
Total Net Project Cost $499,477.00
3. Approved Source of Funds
zuIs Koaas t;apitai tivaget
Account Funding Source Available Budget Required
5320.1310.6250 Debt 10 Year 550,000.00 $495,000.00
Property Taxes 0.00 4,477.00
Total Funds $550,000.00 $499,477.00
Net Project Costs under (over) Approved Funds $50,523.00
Report ENG 10 -13 June 17, 2013
Tender for Liverpool Road Reconstruction and Minor Storm Sewer Repair
from Ilona Park Road to Krosno Boulevard
Tender No. T -13 -2013 Page 3
The (Acting) Division Head, Finance and Treasurer has updated the City's 2013 Annual
Repayment Limit and certified that this debenture financing and the repayment falls
within the City's Annual Repayment Limit for debentures and financial obligations, and
therefore, Ontario Municipal Board approval is not required prior to City Council's
authorization.
Discussion: As part of the 2013 Roads Capital Budget Liverpool Road
Reconstruction and Minor Storm Sewer Repair from Ilona Park Road to Krosno
Boulevard was approved as a construction project. Tender No. T -13 -2013 was issued
on Wednesday, May 8, 2013 and closed on Monday, May 27, 2013 with six bidders
responding. The low bid submitted by IPAC Paving Ltd. is recommended for approval.
References for IPAC Paving Ltd. have been reviewed and deemed acceptable by the
Manager, Capital Projects & Infrastructure. The Health & Safety Policy, current WSIB
Council Amendment to Draft #7 (CAD7), and the Certificate of Clearance issued by
Workplace Safety & Insurance Board, proof of compliance with Confined Space Entry
Regulations, copies of certified training and procedures, list of employees trained in
confined space entry procedures, as submitted by IPAC Paving Ltd. have been
reviewed by the Coordinator, Health & Safety and are deemed acceptable. The
Certificate of Insurance has been reviewed by the (Acting) Manager, Budgets & Internal
Audit and is.deemed acceptable. In conjunction with staffs review of the contractor's
references available on this project, the tender is deemed acceptable.
Upon careful examination of all tenders and relevant documents received, the
Engineering & Public Works Department recommends the acceptance of the low bid
submitted by IPAC Paving Ltd. for Tender No.T -13 -2013 in the amount of $475,998.38
(HST included) and that the total net project cost of $499,477.00 (net of HST rebate) be
approved.
Attachments:
1. Supply & Services Memorandum dated June 3, 2013
2. Location Map
3. Being a by -law to authorize the Liverpool Road Reconstruction and
Minor Storm Sewer Repair from Ilona Park Road to Krosno Boulevard project in
the City of Pickering and the issuance of debentures in.the amount of $495,000.00
Report ENG 10 -13 June 17, 2013
Tender for Liverpool Road Reconstruction and Minor Storm Sewer Repair
from Ilona Park Road to Krosno Boulevard
Tender No. T -13 -2013 Page 4
Prepared By:
Darrell -St
Manager,
Approved /Endorsed By:
CET, CMM III Richap Holbo , P. Eng.
►ital Projects & Infrastr Lure Dir, or, Engineering & Public Works
Vera A.1= elgemla'cher
C.P.P. CPPO, CPPB, C.P.M., CMM III
Manager, Supply & Services
Caryn Kong, CGA
Senior Financial Analyst -
Capital & Debt Management
DS:ds
Recommended for the consideration
of Pickering City,.Qouncil
Tony Prevedel, P. Eng.
Chief Administrative Officer
Stan Karwowski
(Acting) Division Head, Finance & Treasurer
u4cZ // , 2.o 13
ATTACHMENT4 ��j }OREPORT# EN G )o -13
I of 3. �
To: Richard Holborn
Director, Engineering & Public Works
From: Vera A. Felgemacher
Manager, Supply & Services
Copy.. Manager, Capital Works & Infrastructure
Subject: Tender No. T -13 -2013
Tender for Liverpool Road
Road to Krosno Boulevard
- File: F- 5400 -001
Memo
June 3, 2013
(Revised)
Reconstruction and Minor Storm Sewer Repair Ilona Park
Tenders have been received for the above project. An advertisement was placed in the Daily
Commercial News and on the City's website inviting companies to download the tendering
documents and drawings for the above mentioned tender. Six (6) bidders submitted a tender
for this project.
A copy of the Record of Tenders Opened and Checked used at the public tender opening is
attached. Tenders shall be irrevocable for 60 days after the official closing date and time.
Purchasing Procedure No. PUR 010 -001, Item 13.03 (r) provides checking tendered unit
prices and extensions unit prices shall govern and extensions will be corrected accordingly,
which has been done.
All deposits other than the low three bidders may be returned to the applicable bidders as
provided for by Purchasing Procedure No. PUR 010 -001, Item 13.03(w). Three (3)-bids have
been retained for review at this time.
Copies of the tenders are attached for your review along with the summary of costs.
SUMMARY
Harmonized Sales Tax Included
Bidder
Total Tendered Amount
After Calculation Check
IPAC Paving Ltd.
$475,998.37
$475,998.38
Ashland Paving Ltd.
$536,053.81
$536,107.93
Elirpa Construction & Materials Ltd.
$536,560.17
$536,539.82
Bennington Construction Ltd.
$563,581.85
$562,598.75
Blackstone Paving & Construction
Ltd.
$574,346.34
$574,346.34
Coco Paving Inc.
$673,926.24
$673,926.24
ATTACHMENT #.._._I TOREPORT #.C1T5;- 10`1
_ � , of _3___ --
Pursuant to Information to Bidders Item 28, the following will be requested of the low bidder for
your review during the evaluation stage of this tender call. Please advise when you wish us to
proceed with this task.
(a) A copy of the Health and Safety Policy to be used on this project;
(b) A copy of the current Workplace Injury Summary Report issued by Workplace
Safety & Insurance Board (in lieu of the Workplace Injury Summary Report
document, a copy of the current CAD 7, NEER, or MAP reports may be
submitted);
(c) A copy of the current Clearance Certificate issued by Workplace Safety &
Insurance Board;
(d) Proof of compliance with amended Confined Space Entry Regulations
(September 30, 2006). Copies of certified Training and Procedures to be used
on this project;
(e) A list of employees trained in the confined space entry procedure who will be
working on this project;
(f) The City's certificate of insurance or approved alternative form shall be
completed by the bidder's agent, broker or insurer;
(g) The City's Accessibility Regulations for Contracted Services form currently
dated and signed;
(h) list of Sub - Contractors in accordance with General Conditions Item 34; and
(i) Waste Management Plan to be used on this project in accordance with
Tendering Specifications Item 18.
Please include the following items in your Report to Council:
(a) if items (a) through (d) noted above, are acceptable to the Co- ordinator, Health &
Safety;
(b) if item (f) — Insurance — is acceptable to the (Acting) Manager, Budgets & Internal
Audit;
(c) any past work experience with the low bidder IPAC Paving Ltd. including work
location;
(d) without past work experience, if reference information is acceptable;
(e) the appropriate account number(s) to which this work is to be charged;
(f) the budget amount(s) assigned thereto;
(g) Treasurer's confirmation of funding;
(h) related departmental approvals; and
(i) related comments specific to the project.
Please do not disclose any information to enquiries except you can direct them to the City's
Website for the unofficial bid results as read out at the public tender opening. Bidders will be
advised of the outcome in due course.
If you require further information, please feel free to contact me or a member of Supply &
Seo<vices.
VAF /jg
Attachments
June 3, 2013
Tender No. T -13 -2013
Tender for Liverpool Road Reconstruction and Minor Storm
Sewer Repair Ilona Park Road to Krosno Boulevard
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ATTACHMENT # —. - i O REPORT# � � )0-15
Engineering & Public Works
Department
Attachment for Tender T -13 -2013
Liverpool Road Reconstruction and Minor Storm Sewer Repair
Location Map — Liverpool Road
Proposed Construction Includes:
Liverpool Road
• Repairs to shallow storm sewer system for road drainage only
• Complete road reconstruction including new granular road base (heavy
duty) and base asphalt
• Remove and replace the existing concrete curb and gutter to a proposed
wider road configuration
• Remove and replace the existing concrete sidewalk (east side) to a wider
1.8m sidewalk
• Remove and replace the existing concrete sidewalk (west side) to a wider
1.5m sidewalk
• Install precast concrete retaining wall on boulevard where required
• Install decorative interlocking pavers on boulevard where required
• Complete boulevard restoration to all areas affected by construction (fine
grading and sodding where required)
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Location Map — Liverpool Road
Proposed Construction Includes:
Liverpool Road
• Repairs to shallow storm sewer system for road drainage only
• Complete road reconstruction including new granular road base (heavy
duty) and base asphalt
• Remove and replace the existing concrete curb and gutter to a proposed
wider road configuration
• Remove and replace the existing concrete sidewalk (east side) to a wider
1.8m sidewalk
• Remove and replace the existing concrete sidewalk (west side) to a wider
1.5m sidewalk
• Install precast concrete retaining wall on boulevard where required
• Install decorative interlocking pavers on boulevard where required
• Complete boulevard restoration to all areas affected by construction (fine
grading and sodding where required)
ATTACH M ENT #_3 - TO REPORT# ENG lb-t5
I -of
The Corporation of the City of Pickering
By -law No.
Being a by -law to authorize the Liverpool
Road Reconstruction and Minor Storm Sewer
Repair from Ilona Park Road to Krosno
Boulevard project in the City of Pickering and
the issuance of debentures in the amount of
$495,000.00
Whereas Section 11 of the Municipal Act, 2001, as amended, provides that a lower -tier
municipality may pass by -laws respecting matters within the spheres of jurisdiction
described in that Section; and,
Whereas Subsection 401 (1) of the Municipal Act, 2001, as amended, provides that a
municipality may incur a debt for municipal purposes, whether by borrowing money or in
any other way; and,
Whereas Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a
lower -tier municipality in a regional municipality does not have the power to issue
debentures; and,
Whereas The Regional Municipality of Durham has the sole authority to issue
debentures for the purposes of its lower -tier municipalities including The Corporation of
the City of Pickering (the "City "); and,
Whereas the Council of the City of Pickering wishes to proceed with debenture
financing for the Liverpool Road Reconstruction and Minor Storm Sewer Repair from
Ilona Park Road to Krosno Boulevard project; and,
Whereas before authorizing the construction in respect of the Liverpool Road
Reconstruction and Minor Storm Sewer Repair from Ilona Park Road to Krosno
Boulevard project, the Council of the City of Pickering had the Treasurer update the
City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount
payable in respect of such project and determined that such annual amount would not
cause the City to exceed the updated limit and, therefore, Ontario Municipal Board
approval was not required prior to City Council's authorization as per Section 401 of the
Municipal Act, 2001, as amended, and the regulations made thereunder;
And whereas after determining that Ontario Municipal Board approval is not required,
the Council of the City of Pickering approved Report ENG 10 -13 on the date hereof and
awarded Tender No. T -13 -2013 for the Liverpool Road Reconstruction and Minor Storm
Sewer Repair from Ilona Park Road to Krosno Boulevard project;
ATTACHMENT# L 1OREPORT# �_tL 10 .1�'
By -law No. a-- of a- Page 2
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. That the City proceed with the project referred to as "Liverpool Road Reconstruction
and Minor Storm Sewer Repair from Ilona Park Road to Krosno Boulevard ";
2. That the estimated costs of the project in the amount of $499,477.00 be financed as
follows:
a) That the sum of $495,000.00 be financed by the issue of debentures by The
Regional Municipality of Durham over a period not to exceed ten years;
b) That the sum of $4,477.00 be funded from property taxes;
3. That the funds to repay the principal and interest of the debentures be provided for
in the annual Current Budget for the City commencing in 2014 or such subsequent
year in which the debentures are issued and continuing thereafter until the
debenture financing is repaid.
By -law passed this 17th day of June, 2013.
David Ryan, Mayor
Debbie Shields, City Clerk
By -laws
June 17, 2013
7284/13 Being a by -law to amend Restricted Area (Zoning) -By -law
3036, as amended, to implement the Official Plan of the City
of Pickering, Region of Durham in Lots 106 to 108 and Part
of Lots 105 and 109, RCP Plan 1051, Part 1, 40R- 14632, in
City of Pickering (SP- 2012 -01, CP- 2012 -02 & A 3/12) (By-
law attached)
7285/13 Being a by -law to authorize the Supply and Delivery of One
New Current Model Year Road Grader project in the City of
Pickering and the issuance of debentures in the amount of
$220,000.00. [Refer to Joint Planning & Development and
Executive Pages 134 to 135]
7286/13 Being a by -law to authorize the Supply and Delivery of One
New 41,000 LB. GVW Dump Truck with Snow Plow and
Wing project in the City of Pickering and the issuance of
debentures in the amount of $190,000.00 [Refer to Joint
Planning & Development and Executive Pages 144 to 145]
7287/13 Being a by -law to amend Restricted Area (Zoning) By -law
3036, as amended, to implement the Official Plan of the City
of Pickering, Region of Durham in Part of Lots 21 and 22,
Concession 1, Part 2 -20, 22 -24, & Part of Parts 1, 21, 40R-
8355 and Parts 1 & 2, 40R -8513, in the City of Pickering.
(By -law attached)
7288/13 Being a by -law to authorize the Liverpool Road
Reconstruction and Minor Storm Sewer Repair from Ilona
Park Road to Krosno Boulevard project in the City of
Pickering and the issuance of debentures in the amount of
$495,000.00. [Refer to New and Unfinished Business Pages
79 and 80]
To: Debbie Shields
City Clerk
From: Melissa Markham
Principal Planner — Development Review
Copy: (Acting) Chief Planner
Manager, Development Review & Urban Design
Subject: Amending By -law for
Draft Plan of Subdivision Application SP- 2012 -01
Draft Plan of Condominium CP- 2012 -02
Zoning By -law Amendment Application A 3/12
2307038 Ontario Inc.
1803, 1807, 1811, 1817 and 1823 Fairport Road
Amending By -law 7284/13
Memo
June 12, 2013
Statutory Public Meeting Date
February 4, 2013
Planning & Development Committee Date
May 6, 2013
Purpose and Effect of By -law
To amend the existing zoning to implement a draft
plan of subdivision for a single block to permit a
common element condominium for 31 detached
dwelling lots.
Council Meeting Date
June 17, 2013
Note
Certain zoning by -law provisions for the S3 zone,
presented at the Planning & Development
Committee Meeting, have been revised to City Staff
satisfaction to include the applicant's request for:
• a reduced flankage side yard setback along
Fairport Road from 4.5 metres to 3.0 metres
• an increase in building height for interior lots from
9.0 metres to 10.0 metres, a 9.0 metre maximum
height still applies to all new lots within the subject
lands, which abut existing residential lots
No significant changes, except for those listed above,
were made to the provisions.
MM:Id
J:\ Documents\ Development \D - 3200\2012 \SP - 2012 -01, A 03-12, CP- 2012- 02Wlemo Clerk Draft by -law chart - June 2013.doc
Attachments By -law Text
By -law Schedule
The Corporation of the City of Pickering
By =law.. No. 7284/13
Being. a by =law to amend Restricted Area (Zoning)
By- Iaw3036, as amended to implement -the Official
Plan of the City of Pickering, Region of Durham in
Lots 1106 to 108 and Part of Lots 105-and 109,,RCP
Plan 1051, Part.1;'40R -14632 in City of,Pickering
(SP- 2012 -01, CP- 2012-02 & A 3/12)
Whereas the Council of the. Corporation of the City of Pickering received. an application
to rezone the subject lands being: part `of Lots 106 to 1.08 and Part of Lots 1,0.5 and 109,
RCP Plan 1051, Part 1, 40R -14632 inahe City of Pickering to permit the development of
31 lots for detached dwellings on a common element condominium- road and an. open
space block.
And whereas it is appropriate to amend By -law 3036 as amended, to permit such uses;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedules
Schedule I and Schedule II attached hereto with:notations_.and reference shown
thereon is hereby declared to be part of this By =law.
2. Area Restricted
The provisions of this By -law shall apply to those lands being part of Lots 106 to
108 and Part of Lots 105 and 109, RCP Plan 1051, in the City of Pickering,
designated "S3 -13" and "OS -HL" on Schedule I.
3. General Provisions
No building; land or part thereof shall hereafter be used, occupied, erected, moved
or structurally altered except in conformity with the provisions of'this By- Law.
4. Definitions.
In this By -law,
(1) (a) "Dwelling" shall mean a building or part of a building containing one
or more dwelling units but does not include a mobile home or trailer;
(b) "Dwelling Unit" shall mean a one or more habitable rooms occupied
or capable of being occupied as a single, independent and
separate housekeeping unit containing a separate kitchen and
sanitary facilities;
By -law No. 7284/13 Page 2
(c) "Dwelling, Detached or Detached Dwelling" shall mean a single
dwelling which is freestanding, separate'and detached from other
main buildings or structures. :
(a) "Floor Area Residential" shall mean the area of the floor surface
contained within the outside walls of a storey or part of a storey;
(b) "Gross Floor Area Residential" shall mean the aggregate of the
floor area_ s of all storeys of a building or structure, or part thereof as
the case may be, other than `a private garage, an attic or a cellar.
(2)
(3) (a) "Lot" shall mean an area of land fronting on a street which is used:
or intended to be used as the site of a building, or a group of
buildings as the case may be, together with any accessory
buildings or structures, or a- public park or open space area,
regardless of whether or not such lot constitutes the- whole of a lot
or block on a registered plan of subdivision;
(b) "Lot Frontage" shall mean, the width of a lot between the side :lot
lines measured along a line parallel to and 7.5 .metres distant from
the front lot line.
(4) (a) "Private Garage" shall mean an enclosed or partially enclosed
structure for the storage of one or more vehicles, in which no
business or service is conducted for profit or otherwise: .
(5) (a) "Water Meter Building" shall mean a building or structure that
contain devices supplied by the Region of Durham which measures
the quantity of water delivered to a property.
(6) (a) "Yard" shall mean an area of land which is appurtenant to and
located on the same lot as a building or structure and is open
uncovered and unoccupied above group except for such accessory
buildings, structures, or other uses as are specifically permitted
thereon;
(b) "Front Yard" shall mean a yard extending across the full width of a
lot between the front lot line of the lot and the nearest wall of the
nearest main building or structure on the lot;
(c) "Front Yard Depth" shall mean the shortest horizontal dimension of
a front yard of a lot between the front lot line and the nearest wall of
the nearest main building or structure on the lot;
(d) "Rear Yard" shall mean a yard extending across the full width of a
lot between the rear lot line of the lot, or where there is no rear lot
line, the junction point of the side lot lines, and the nearest wall of
the nearest main building or structure on the lot;
By -law No. 7284/13. Page 3
(e) "Rear Yard Depth" shall mean the shortest horizontal dimension of
a rear -yard of. a lot between the rear lot line, of the lot,. or where
there is no rear lot line; the junction point of the side lot.lines, and
the nearest wall of the nearest 'main building or -structure.on the
_. lots;
(f) "Side Yard' shall mean a yard of a lot extending from the front yard ,
to the rear yard, and from the side lot line to the nearestwall of the
nearest.m.ain building or structure on the lots;
(g) "Side Yard Width" shall mean the shortest horizontal dimension of a
side :yard of a. lot between the side lot line and the nearest wall of
the nearest main building or structure on the lot;
(h) "Flankage Side Yard shall mean a side yard immediately adjoining
a street or abutting on a reserve on the opposite side of which is .a
street;
(i) "Flankage Side Yard Width" shall mean the shortest horizontal
dimension of a flankage side yard of a lot between the lot line`
adjoining a street or abutting on a reserve on the opposite side of
which is a street, and the nearest wall of the nearest main building
or structure on the lot.
5. Provisions
(1) (a) Uses Permitted ( "S3 -13" Zone)
No person shall, within the lands zoned "S3 -13" on Schedule I
attached to this By -law, use any lot or erect, alter or use any
building or structure for any purpose except the following:
(i) detached dwelling
(b) Zone Requirements ( "S3 -13" Zone)
No person shall within the lands designated "S3 -13" on Schedule I
attached to this By -law, use any lot or erect, alter or use any
building except in accordance with the following provisions:
(i) Lot Area (minimum) : 350 square metres
(ii) Lot Frontage (minimum):
A 12.0 metres
B 10.0 metres for lands shown as hatched on Schedule II
attached to this by -law
By -law No. 7284/13 Page 4
C 8.5 metres for lands shown as cross hatched on
Schedule II attached to this by -law
D 8.5 metres for lands shown as dashed on Schedule II
attached to this by -law
(iii) Front Yard Depth (minimum):
A 4.5 metres
B the dashed area, as shown on Schedule II attached to
this by -law, is exempted from paragraph 5.(1)(b)(iii) A,
above
(iv) Side Yard Width (minimum): 1.2 metres on one
side and 0.6 on the
other
(v) Flankage Side yard width (minimum):
A for lots abutting Fairport Road: 3.0 metres
B for all other lots: 2.7 metres
(vi) Rear Yard Depth (minimum): 7.5 metres
(vii) Building Height (maximum):
A 10.0 metres
B 9.0 metres for lots abutting Fairport Road and
abutting any existing residential lots on adjacent
lands, as of the date of the passing of this by -law
(viii) - Dwelling Unit Requirement:
maximum one dwelling per lot and minim_ um gross floor area
residential of 100 square metres;
(ix) Garage Requirements:
minimum one private garage per lot attached to the main
building and vehicular entrance of which shall be located not
less than 6.0 metres from the front lot line and not less than
6.0 metres from any side lot line immediately adjoining ,or
abutting a reserve on the opposite side of the street
By -law No. 7284/13 Page 6
C the rear lot line. shall be deemed to be the. easterly
and southerly lot lines for those lands shown as cross j
hatched on Schedule II
D the rear lot line shall be deemed tote the easterly lot
line for those lands shown as dashed on Schedule II
(2) (a) Uses Permitted (" OS =HU Zone)
No person shall within the lands designated "OS -H.0 on Schedule
attached hereto, - use any lot or, erect; alter or use any building.or
structure for any. purpose except the following:
(i) preservation and conservation of the natural environment,
soil and wildlife
(ii) resource management
'(iii) pedestrian .trails and walkways
(b) Zone_ Requirements ('OS -HU Zone)
No buildings or structures shall be permitted to be erected, nor shall
the placing or removal of fill be permitted, except where buildings or
structures are used.only for purposes of flood and erosion control,
resource.management;,or pedestrian trail and "walkway purposes.
6. Model Homes
(1) Despite the provisions of Clause 6.1 of By -law 3036, a maximum of 4 model
homes, together with not fewer than two parking spaces per Model Home,
may be constructed on the lands set out in Schedule I attached to this
By -law prior to the division of those lands by registration_ s of `a. plan of
subdivision;
(2) For the purpose of this By -law, "Model Home' shall mean a dwelling unit
which_ is not used for residential purpose,. but which is used exclusively for
sales; display; and marketing purposes pursuant to an agreement with the _
City of Pickering.
7. By -law -3036
By -law 3036; as amended, is hereby further amended only to the extent
necessary to give .effect to the provisions of this By -law as it.applies to the area
set out in schedule I attached hereto. Definitions. and subject matters not
specifically dealt with in this By -law shall be governed by relevant provisions of
By -law 3036, as amended.
Debbie Shields, City Clerk
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GOLDENRIDGE _ROAD
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SCHEDULE I TO BY -LAW 7284/ 13
PASSED THIS 17th
DAY OF JUNE 2013 :
MAYOR
CLERK
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SCHEDULE H TO BY -LAW 7284/1
PASSED THIS 17th
DAY OF JUNE 2013
MAYOR
CLERK
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To: Debbie Shields
City Clerk
From: Ashley Yearwood
Planner II
Copy: Manager, Development Review & Urban. Design
Subject: Amending By -law for
Zoning By -law Amendment Application A 3/13
OPB Reality Inc.
1355 Kingston Road — Pickering Town Centre
(Part of Lots 21 & 22, Concession 1)
City of Pickering
Amending By -law 7287/13
Memo
June 12, 2013
Statutory Public Meeting Date
April 8, 2013
Planning & Development Committee Date
June 10, 2013
Purpose and Effect of By -law
To permit an outdoor Farmers' Market on the
Pickering Town Centre property between June 1St
and October 31St within a calendar year.
Council Meeting Date
June 17, 2013
AY: Id
J: \Documents \Developmenl\D -3300 Zoning By -law Amendments (A Applications)\20131A 03 -13 PTC - Farmer's Market\By- Law\Memo Clerk Draft By -law Charl.doc
Attachment By -law Text
The Corporation of the City of Pickering
By -law No., 7287/1.3
Being a by -law to amend Restricted Area (Zoning) By -law
3036, as amended, to implement the Official Plan of the
City pf Pickering, Region of Durham in 'Part of Lots 21
and .22 Concession 1, Part 2 -20, 22 -24, & Part of Parts 1,
21,,40R-8355 and Parts -1 & 2, 40R -8513, in the City of
Pickering (A 3%13)..
Whereas the.. Council of.The Corporation of the City of Pickering deems it desirable to
add a. Farmers' Market use to the permitted uses -for the subject property being Part of
-Lots 21 and 22, Concession 1, Part 2 -20;. 22 =24, & Part of Parts.1, 21, 40R =8355 and,
Parts 1 & 2, 40R -8513 in the City of Pickering.
And whereas amendment to By =law 3036 as amended by By -law 5994 /02 is,therefore
deemed necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Area Restricted
The provision of.this By- law.shall apply to those lands in Part of Lots 21 and 22;.
Concession 1; Part. 2- 20,.22 -24; & Part of Parts 1121, 40R -8355 and Parts 1 & 2,
40R -8513, in the City of Pickering."
2. Text Amendment
1. Section 4 — Definitions, of By -law 3036, as amended by By -law 5994/02, is
hereby amended by renumbering and re- alphabetizing the subsections in
order to incorporate'the new definitions as follows:
(13) "Farmers' Market" shall mean a building, part of a building or open
area where a majority of the vendors shall be primary producers of
agricultural products grown within the Province of Ontario that are
offered for sale directly to the general public, but may also feature.
other vendors who offer prepared foods and artisan crafts as well
as provide entertainment and community information, but shall not
include a Flea Market;
(15) "Flea Market" shall mean a building or part of a building in which
stalls or sales area are set aside and rented or otherwise provided
where groups of individual sellers offer goods, new and used, for
sale to the public;
By -law No. 7287/13 Page 2,
2. Clause section 5. (1)(a), -Uses Permitted ( "MCA =1 ", ":MCA -2 ", "MCA- 1/CO -2"
Zones), of By -law 3036 as amended by -By -law 5994/02, is hereby
.amended by renumbering and re- alphabetizing this subsection in order to
incorporate.the new use permitted:
.(xi) Farmers' Market
3. 'Subclause 5. (2)(a)(v), Parking. Requirements, of By -law 3036 as
amended by By -law 5994/02, is hereby amended by incorporating the
following subparagraphs:
N (I) Despite paragraphs A.above a Farmers' Market use..
opera' ating outdoors shall be exempt from providing any
required, parking spaces;
(II) Despite the parking requirement of subclause 5.(2)(a)(v) the
total number.of.required parking spaces to be provided on -site
may be reduced by. 90 spaces; while the Farmers' Market
use is operating outdoors; ..
(Ill) Farmers' Market, use shall only be permitted to operate
outdoors between June 1St and October 31St within a
calendar year:
3. By- law 3.036
"By -law 3036, as amended -by By -law 5994/02, is hereby further amended only to
the extent, necessary to give effect . to the provisions of this By -law as set out in
the Section 1;'Area Restricted, and Section 2,.Text Amendment; above.
Definitions and subject matters -not specifically dealt with in. this Bydaw shall be
governed by relevant provisions of By -law 3036, as amended:
4. Effective Date
The By- law shall come into force in accordance with the provisions of the.-
Plannihg Act.
By -law passed this 17th day of June, 2013.
David Ryan, Mayor
Debbie Shields, City Clerk
Attendees: Councillor Rodrigues
T. Besso
R. Lattouf
E. Mason
T. Reimer
D. Rundle
M. Sawchuck
S. Sheehan
Minutes
Heritage Pickering Advisory Committee
April 17, 2013
7:00 pm
Tower Room
C. Sopher
J. Van Huss
D. Shields, City Clerk
C. Celebre, Senior Planner, Development Review & Heritage
L. Roberts, Recording Secretary
Absent: S.lyer
W. Jamadar
Item / Details & Discussion &`Conclusion Action Items / Status
Ref # (summary of discussion) (include deadline as
appropriate)
1.0 Welcome
D. Shields welcomed everyone to the meeting and introduced
two newly appointed members, Rolland Lattouf and Tom
Reimer. Introductions were made around the table.
2.0 Approval of Minutes
Discussion ensued with amendments to the minutes.
Moved by T. Besso
Seconded by M. Sawchuck
That the minutes of the March 21, 2013 meeting of the Heritage
Pickering Advisory Committee be approved as amended.
Carried
3.1) The Bear & The Firkin
Discussion ensued with respect to The Bear & Firkin located on
the northwest corner of Liverpool and Kinqston Road.
Page 1
Item /
Ref #
Details & Discussion & Conclusion
(summary.of discussion)
Action Items / Status
(include deadline as
appropriate)
C. Celebre noted new tenants have indicated a desire to have
old photographs of this building It was suggested possibly
Becky George at the Pickering Library or John Sabean could
be contacted in this regard.
M. Sawchuck noted he is continuing to follow up with the
property owner for the Doors Open program.
T. Besso noted the background research has been done on this
property, and the Committee should continue to pursue a
designation.
3.2) 560 Park Crescent
D. Shields provided an update with respect to the Newman
House at 560 Park Crescent. She informed members that the
appeal has been withdrawn and that the City of Pickering
would be moving ahead with the next steps in the designation
process.
She provided a brief outline of the background information on
this property for the benefit of the new members.
3.3) Seaton Draft Plans of Subdivision
C. Celebre provided members with an update on the recent
OMB decision and provided the Committee with copies of the
plans for Neighbourhoods 18, 19 and 20, as well as the memo
containing the summary of issues from the March 26th walking
tour with Dr. Carl Bray.
Through the aid of a power point presentation, C. Celebre
assisted the Committee through the separate plans of
subdivision for these 3 neighbourhood plans. She explained
the comments would be forwarded to staff and the developers
in order to work through as many of the issues as possible prior
to proceeding onto the next phase of the OMB hearing.
E. Mason noted her concern with the approval process,
questioning how these decisions can be made without details
such as architectural design, lighting, etc. not be provided. She
also questioned whether the Committee could comment on the
surrounding lots regarding access points and viewpoints.
C. Celebre explained the purpose of the design guidelines to
identify such issues under draft plan approval. She noted that
OPA 22 identifies policies and principals relative to heritage.
C. Celebre explained that design guidelines will be a condition
C. Celebre to look into
Page 2
Item /
Ref #
Details & Discussion & Conclusion
(summary of discussion)
Action :Items / Status
(include deadline as
appropriate)
of draft plan approval. It was also questioned whether the
Committee could have input with respect to creating guidelines
for these detail aspects and how they would be addressed. E.
Mason stated she felt the policies did not go far enough.
D. Shields noted that the main focus of the Committee at this
point is to concentrate on protecting the heritage lots.
C. Sopher stated that the Committee had not been asked to
comment on transportation issues, in particular the traffic
diversion going into Whitevale.
Review of Plans
The Committee reviewed the plans in detail with the following
recommendations to be submitted by the Committee;
Heritage Lots
3250 Sideline 28
• Delete proposed street through lot
• Maintain open view southwest from house by
realignment of Street I
• Provide a buffer (deep setbacks) with proposed adjacent
townhouses to west and north
3215 Sideline 28
• Provide buffer to north by removing lots 234, 235 and
236
• Ensure buffer to east, perhaps by removing lots
Whitevale Cemetery (awaiting draft plan)
• Preferred option is to remove proposed development
from area east of cemetery over to next heritage lot
• Consider potential need to expand cemetery
• If development to east remains, ensure adjacent street is
tree -lined to enhance landscaped buffer
825 Whitevale Road (awaiting draft plan)
• In absence of draft plan, comments difficult, but lot
appears to have substantial landscape to act as buffer
to development to west and south
940 Whitevale Road, 3185 Sideline 26
• Preferred option is to realign proposed north /south
regional road to east side of HCD boundary, east of the
Page 3
Item /
Ref #
Details & Discussion & Conclusion
(summary of discussion)
Action Items / Status
(include deadline as
appropriate)
2 heritage lots flanking Whitevale Road
• If regional road remains in its current proposed
alignment, ensure that Block 391 is an effective
landscaped or other buffer between heritage lot and
road ROW
• Block to north and 2 to east need to be removed to
provide adequate landscaped buffer for heritage lot
3185 Sideline 26
• Change medium density to low density on south side of
new street abutting south edge of heritage lot to provide
a more extensive landscaped buffer in the new
residential lots
1050 Whitevale Road (south portion) (awaiting draft plan)
• House, mature vegetation and large barn appear to be in
the NHS; abutting conditions in draft plan OK
1125 Whitevale Road
• Needs a complete rethink of the abutting residential lots;
reduce number, increase setback, delete proposed lots
that could encroach within boundary of heritage lots
1130 Whitevale Road
• Conserve the barn to north of farmhouse by shifting
residential lot over to have pedestrian corridor include
barn
1200 Whitevale Road
• Delete 2 lots on west and 2 lots on east side of heritage
lot; increase setbacks on abutting lots to north,
northwest and northeast or delete
Note: 1255, the John Tool house next to the modern
bungalow, now appears not to contain the stucco house
previously inventoried and is not shown as a heritage lot (it is
within the Local Node where the Whitevale bypass meets the
Whitevale Road corridor)
1390 Whitevale Road
• Delete townhouses west of heritage lot; add to NHS
• Delete south half of block to east of heritage lot, to
provide sight line from east; replace with open
landscaped buffer
1450 Whitevale Road
• Attempt to conserve large barn, now shown as being
Page 4
Item /
Ref #
Details & Discussion & Concllusion
(summary of discussion)
Action 'Items / Status
(include deadline as
appropriate)
within proposed Street 17
1505 Whitevale Road and 3285 Sideline 20 are private lots, not
within the draft plans
• Increase setbacks on adjacent lots
Note: heritage lot shown on west side of Mulberry Lane, in the
NHS, no longer has built heritage resources (they were
demolished several years ago: Committee to confirm details).,
1415 is shown as a heritage property on ORC mapping (for the
barn) but appears to be in private ownership and thus is not
part of the draft plan.
Whitevale Road Corridor (within and beyond the Whitevale
HCD boundary)
• Build the Whitevale bypass first, to prevent the existing
Whitevale Road corridor from acquiring heavy through
traffic
• Request ORC to designate all heritage lots under Part
IV of the Ontario Heritage Lots and sell them as soon as
possible
• Abutting residential lots should be larger, with ample
side yards, to provide visual "porosity" along corridor
• Avoid street lighting along corridor
• East of the Whitevale bypass, retain mature trees along
at least one side of the new widened ROW
• The draft plans appear to encroach on significant natural
and cultural features such as the old Lake Iroquois
shoreline
General Comments
In conclusion, together with the above, we note that the
proposed regional road at Sideline 26 road alignment is a
major travesty and compromises the principles laid out in the
North Pickering Land Exchange and Development. Should this
proposed regional road become reality this will have a
significant impact on the Whtievale Hamlet HCD and two
heritage lots. The re- alignment of the proposed regional road
to the east of Lots #940 Whitevale Road and #3185 Sideline
26, would result in a more appropriate relationship between the
character road, the green space and heritage properties and
leave the HCD intact.
We ask that staff, Council and the OMB give due consideration
and thought to our comments and that these are taken on
Page 5
Item / Details & Discussion & Conclusion Action Items / Status
Ref # (summary of discussion) (include deadline as
appropriate)
board and adopted into the Plan.
E. Mason noted she felt the summary of issues was not worded
strongly enough. It was the consensus of the Committee to
accept the list of issues with the revisions made. E. Mason and
C. Sopher will work on the wording within the next week in
order to have them submitted to staff.
Moved by M. Sawchuck
Seconded by Councillor Rodrigues
That the Heritage Pickering Advisory Committee accept the
recommendations outlined in Dr. Carl Bray's memo dated
March 28, 2013 with the revisions noted.
Carried
4.1) Vintage Brick
Correspondence received from Vintage Brick, Concord Ontario
was received for information purposes.
5.0 1 ( Next Meeting /Adjournment I I
Next Meeting: May 23, 2013
The meeting adjourned at 9:15 pm.
Copy: City Clerk
Page 6
ILI
Attendees: T. Arvisais
M. Brenner
K. Falconer
T. Logan
P. McCafferty (arrived at 8:15 pm)
J. O'Connell, Regional Councillor
D. Sharma
D. Tierney
S. Wilkinson
P. Noronha - Waldriff, Staff Representative
D. Marlowe, Staff Representative
D. Shields, City Clerk
R. Michaud, Recording Secretary
Guests: Joe Caffarelli, Region of Durham
Victor Doyle, Region of Durham
Scott Booker, City of Pickering
Absent: A. Heywood - Delpeache
I. Fogo
S. Little
Minutes /Meeting Summary
Accessibility Advisory Committee
Wednesday, April 24, 2013
7 pm
Main Committee Room
Item /
Details &TDiscu sion 8� Conclusion , ;P``�
Acti{otn' It m /Status
+
Ref# " xx}
...,.�.....,�,.a.,..�_ .w.�.. .rLw�
(summary discussion),
I��,!'
deadline'as
yia(inclutle
.i u...+.+.ri4iir .� .... '. F
,- ,- ��
0 ro ate
1.
.........� _ ... N,..r _...�.,.
Welcome
a.k... _, .
Debbie Shields welcome everyone to the meeting.
2.
Review and Adoption. of_the. Agenda }.,. ,,.,..
All
Moved by K. Falconer
Seconded by T. Arvisais
That the agenda is approved.
Carried
Page 1
CORP0228 -2102
3. Presentations
Pedestrian Signals, Region of Durham Joe Cafarelli and
Joe Cafarelli, Traffic Engineering Supervisor, and Victor Doyle, Victor Doyle
Traffic Inspector provided a brief overview of the Region's
policy with regards to the pedestrian crossing times at
signalized intersections in the City of Pickering.
He mentioned that the methodology used to determine timing
and operation of the pedestrian signals is based on a formula
found in a manual published by the province of Ontario which
has been approved by Durham Regional Council and has been
in use since 1991.
Crossing distance and walking speed is incorporated into the
formula on a site specific basis in order to generate a minimum
pedestrian crossing time.
J. Cafarelli noted that there seems to be a perception that the
crossing times are not sufficient, and this may be due to a
misunderstanding of the pedestrian crossing time. For
example, the pedestrian crossing time is comprised of the
duration of the "Walk" (walk man) plus the "Pedestrian
Clearance; flashing upraised red hand /solid upraised hand"
respectively.
He noted that the pedestrian clearance time is the duration of
the `flashing hand', plus the vehicle amber light.
He further noted that a recent study has been completed on the
pedestrian crossing times and they are awaiting the report in
the next few months. The preliminary results of the study are
very interesting. The Region of Durham is very proactive in
reviewing all studies and reports.
The audit included the on -site crossing with persons with
different levels of disabilities and mobility.
S. Wilkinson enquired if the study provides the length of time for
both disabled and regular people to cross the road. Joe
advised that the results released to date indicate that there is
sufficient crossing time.
He noted that when the "Flashing Don't Walk" signal is
displayed part- way -into the crossing, pedestrians have a
perception that there is an inadequate amount of crossing time,
when in fact, the intent -of the message is to complete the
crossing.as quickly as possible or to not start the crossing if not
alreadv done so.
Page 2
CORP0228 -2/02
It is great to receive feedback from residents and advised that
they have conducted several site studies with visually impaired
which have been very valuable.
J. Cafarelli suggested that if there are any sites. of concern they
would be glad to visit these and see how they can improve the
crossing.
In some areas, the delay to use the crosswalk is due to the
conditions of the sidewalks.. They are working with City staff to
improve any areas where it may be difficult to access the
signals.
T. Logan stated that some crosswalks, for example at Highway
2 and Dixie, do not allow sufficient time to safely cross which is
an issue for people with disabilities and seniors.
J. Cafarelli stated that some municipalities extend the flashing
hand signal to allow for additional crossing time. Studies show
that most people walk faster than the average pedestrian speed
of 1.25 min per second. By increasing the crossing time at all
intersections, then we would be extending crossing times
greatly where it may not be required,.
Councillor O'Connell indicated that the Region of Durham
should consider setting the crossing time at the lowest speed to
be inclusive of all pedestrians, and providing adequate time for
everyone to safely cross the intersection. She also requested
that the policy be reviewed to increase the crossing times at
wider intersections and those intersections located near seniors
residences. The current crossing times seem inadequate and
may be putting most pedestrians at risk.
J. Cafarelli advised that he will forward this recommendation to
his manager for review.
Councillor O'Connell noted that the study may be an,
opportunity for the Region to review the current crossing times
and adjust the walking speed. She requested that.the report be
submitted to the Region Works Committee for their review and
would like to be kept apprised of when it will be available.
M. Brenner commented that the.report should also be shared
with the Region's Accessibility Advisory Committee and all,the
other committees in the Region.
J. Cafarelli indicated that he will bring these recommendations
forward to his manager and share the report with the Regional
AAC.
Page 3
CORP0228 -2/02
M. Brenner also stated that there should have been public
consultation as part of this study. It seems that the report is
being circulated after only conducting the study and no input
from any of the Accessibility Advisory Committees. This
should be considered as part of their duo diligence.
J. Cafarelli thanked M. Brenner for his comments and advised
that he will bring them forward to his Manager.
T. Arvisais questioned why the pedestrian signal crossings are
not all the same across the province.
J. Cafarelli stated that the Region of Durham uses a different
methodology based on prevailing conditions, but also agrees
that the signals and crossing times should be consistent across
GTA and Ontario.
D. Sharma enquired how often the Region performs the
recalibration of signals as there seems to be so many concerns
with the time and noted that with the aging population, walking
speed will decrease.
J. Cafarelli indicated that they conduct regular checks on
signals on an annual basis and that the walking speeds have
been in effect for 30 years, but constantly being reviewed and
the policy is updated as needed.
He further noted that they are currently evaluating a new '
system for pedestrian detection technology, at a pilot location in
Bowmanville.
S. Wilkinson expressed further concerns that the crossing time
is not long enough as most of the time, she is in the middle of
the crossing and the flashing hand comes up. She would
appreciate a review of some of the crossings she uses most
often.
J. Cafarelli advised that she should continue crossing as most
crossings allow for sufficient time to _get across and noted that
he is available to meet with residents to review any crossings
identified as a concern.
P. Noronha- Waldriff suggested that the Region consider a
promotion campaign to better inform pedestrians about the
crossing signal.
Page 4
CORP0228 -2/02
J. Cafarelli advised that they will be updating the website and
are currently revising their brochures and agreed to send
copies to Prem for the committee members.
K. Falconer enquired if the Region maintains any statistics on
pedestrian accidents at crossings, whether they are due to slips
and falls while trying to cross the intersection faster.
J. Cafarelli advised that they do not have any statistics on
accidents but he indicated that Durham is significantly better
than other municipalities in continually reviewing their best
practices and ensuring safe crossing access.
It was noted that updates on changes to crossings have been
sent out to the committee members recently.
K. Falconer stated that he agrees that the study should also be
circulated to the all accessibility advisory committees as well as
seek public consultation for input and feedback.
D. Tierney enquired who determines where a crossing signal
device is installed when there is no intersection. For example,
the crossing at Valley Farm Road location: Councillor
O'Connell advised that sometimes these are initiated by
Council after review and requests from area residents.
It was noted that the sidewalk at this location is not properly
adjusted for cross walk. Scott Booker advised that they will
be reviewing it.
K. Falconer enquired on the cost of pedestrian detection
technology and J. Cafarelli indicated that it is approximately
$9,000 / crossing for a total of $36,000 for a 4 way crossing.
D. Shields thanked Joe and Victor for attending the meeting
and providing an update on pedestrian crossing signals. The
committee members will discuss next steps with regards to
requesting on site crossing reviews with Joe and Victor as well
as obtaining a copy of the study when it is released.
Curb Cut Presentation Scott Booker
Scott Booker appeared before the Committee to do a
presentation on Sidewalks and Curb Cuts. Scott is the Senior
Coordinator, Design & Asset Management with the newly
formed Engineering & Public Works Department.
He mentioned that the City is provincially mandated to conduct
sidewalk inspection on an annual basis.
Page 5
CORP0228 -2/02
There are currently approximately 287 kms of sidewalks in
Pickering. The Operations section has one crew (4 man team)
responsible for sidewalk maintenance. The City tracks all
sidewalk related concerns through the Customer Care Centre.
Once a call is received, Customer Care will assign it to
Operations for review and to be prioritized. Based on the work
required the request for repair is sent to Capital Works &
Infrastructure, Operations or Development.
Council approves sidewalk improvements and repair as part of.
its annual budget process. These funds are then managed by
staff based on priority. Capital Works & Infrastructure looks
after larger Capital Projects, which usually require installing new
sidewalks into existing area (or widening existing sidewalks).
Operations receive the bulk of the residents' calls from the
Customer Care Centre. Maintenance activities include:
grinding of sidewalk joints (due to trip hazards), cheapest and
most economical solution; re- pouring of sidewalk sections
(when grinding is not enough), sidewalk intersection work which
is.becoming more specialized to accommodate accessibility
concerns. They also perform winter control on designated
sidewalk areas.
S. Booker noted that sidewalk deficiencies occur with cracked
sidewalks, sunken sidewalks, gapping sidewalks, tree roots,
curb ramp issues and sub standard width.
The focus has been on the sidewalks in the downtown core.
Improvements were completed last year around the Civic
Complex and the Library.
D. Sharma enquired if the City hires consultants to expedite the
work. S. Booker advised that consultants are used but they
can be very expensive.
Councilor O'Connell mentioned that many of the sidewalk
improvements are resident driven due to complaints. received at
Customer Care Centre or directly to the Councillors. Staff then
determines if the repairs can be completed within the annual
maintenance budget or whether it requires Council
endorsement.
D. Sharma suggested that the City incorporate tree design
within the sidewalks. S. Booker indicated that this can be -done
in some areas, such as the Nautical Village but it is very
expensive.
Page 6
CORP0228 -2/02
Page 7
CORP0228 -2/02
Councillor O'Connell advised that any new development
includes a multi -use approach of pedestrian, cycling and road.
S. Booker stated that the City is working towards completing its
goals to meet 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.
Further discussion on the design of the lines in the sidewalk
and who does them as they seem to create a challenge for
some scooter and wheelchair pedestrians. It was noted that
the design is approved by the City and the work is completed
by independent contractors.
K. Falconer mentioned that the curb cuts at the Pickering Town
Centre need to be addressed. S. Booker advised that because
it is private property and currently under construction, the City is
not able to enforce any property standards until renovations are
completed. It was however noted that by -law enforcement
officers have been in contact with the mall administration and
they are aware of the deficiencies.
Aeview,.and Adoption_of Minutes
Moved by M. Brenner
Seconded by K. Falconer
That the minutes of the March 27, 2013 meeting be approved as
amended.
Carried
5.
Correspondence
Update on Captioning for Council Meetings
A copy of the letter from Rogers TV was circulated for
discussion. Rogers TV will be working closely with municipal
and regional councils in Durham to ensure captioning
requirements are met when the new requirements come into
effect in 2014.
D. Shields advised that the matter will be reviewed at that time
and further action to be determined if required.
Region of Durham — Regional AAC Chairs Meeting
Notice received that the next Regional AAC meeting will be
held on Tuesday, June 4, 2013 from 2 to 4 pm in Room 1 -A.
Page 7
CORP0228 -2/02
Page 8
CORP0228 -2/02
The Clerk's office sent an email a few weeks ago requesting
availability to attend the meeting. However, no one could
commit as it is a daytime meeting.
M. Brenner mentioned that he could attend if no one else could.
Prem to confirm
K. Falconer also noted he could attend. It was the consensus
Maurice Brenner's
of the committee that M. Brenner would attend the meeting this
attendance.
time and report back at the June meeting.
Region of Durham — Accessibility Award
Nomination form circulated to committee members for their
information. The nomination deadline is July 23`d
6.0
Business Arising from the Minutes
All
M. Brenner provided an update on the Total Wellness Forum
scheduled for - Saturday, September 21St. The schedule for the
day has been completed and they are now looking for
volunteers to help with the information booth and for the event
from both committees.
D. Sharma and T. Arvisais volunteered for the morning
sessions.
7:6' ;
:2013,'AccesP bilit -:Awareness Event - June1st .
All..
T. Arvisais circulated the draft agenda for the event and noted
that Tom Brown is no longer available as MC. The committee
is looking for an alternate. Any suggestions would be
appreciated.
P: Noronha- Waldriff expressed her thanks to the sub group for.
their assistance in preparing this event. Volunteers are also
needed to help on the day of the event.
D. Sharma and T. Arvisais volunteered for the morning and
D. Tierney and T. Logan for the afternoon.
The City is currently working on promotion design and logo for
the event.
K. Falconer advised that he is awaiting confirmation from Tracy
McCharles's office.
8.0
'Other Business
Seniors Tax Credit — Healthy Home
Sue Wilkinson
S. Wilkinson is requesting support from the committee and the
Members of Council to lower the a e.for the government grants
Page 8
CORP0228 -2/02
available from 65+ to 60+ as there are many seniors who could
stay in their home if they had assistance to retrofit their houses.
It was noted that this is a provincial matter, therefore the
Council of the. City of Pickering would have to pass a motion to
send a letter to the province to endorse the recommendation.
M. Brenner suggested that the committee invite someone from
the province for a presentation to committee members to better
understand the grants available for seniors.
P. Noronha- Waldriff to look into possible guests and send out P. Noronha - Waldriff to
an invitation for the meeting in June. follow -up.
Pedestrian Crossing Study
As discussed earlier, the committee is requesting that this item Prem to draft letter to
be brought up for discussion at the Regional AAC meeting in the Region.
June.
The committee further recommended that Council pass a
motion to reduce the average walking speed from 1.25 m /sec to
include the lowest walking speed to incorporate all disabled
pedestrians at all locations.
The committee members are also requesting a copy of the
study as soon as it is released and that the report be circulated
for consultation to all Accessibility Advisory committees within
Durham.
T. Arvisais enquired why the Region of Durham no longer offers
the low -flow toilet rebate program. Councillor O'Connell
advised that .this was a Regional Council decision and that the
program has not been available for several years now.
Councillor O'Connell mentioned that the regional development
charges bylaw was approved today at Council and that the
bylaw takes into account all costs associated with AODA
standards.
K. Falconer commended S. Wilkinson for her presentation to
Council on the Parking by -law and the article which appeared in
the News Advertiser. The by -law is scheduled to come forward
at Council before the summer recess.
It was noted that the City will be holding a Day of Mourning
ceremony on Friday, April 26th @ 11:30 am in' recognition of the
International Day of Mourning on Sunday, April 28tH
Page 9
CORP0228 -2/02
Moved by K. Falconer
Seconded by M. Brenner
That the meeting be adjourned.
Carried
Meeting Adjourned: 9:40 pm
Copy: City Clerk
CORP0228 -2/02
Page 10
J, I =_
ce rid 1 E41
Present:
Tom Copeland
David Johnson — Chair
Eric Newton
Bill Utton
Shirley Van Steen — Vice -Chair
Also Present:
Mila Yeung, Assistant Secretary- Treasurer
Lesley Dunne, Assistant Secretary- Treasurer
Committee of Adjustment
Meeting Minutes
Wednesday, May 1, 2013
7:00 pm
Main Committee Room
Chair, David Johnson brought the meeting to order and turned the proceedings over the
Vice - Chair, Shirley Van Steen to Chair the remainder of the meeting.
(1) Adoption of Agenda
Moved by Bill Utton
Seconded by Eric Newton
That the agenda for the Wednesday, May 1, 2013 meeting be adopted.
Carried Unanimously
(II) Adoption of Minutes
Moved by David Johnson
Seconded by Tom Copeland
That the minutes of the 4th meeting of the Committee of Adjustment held
Wednesday, April 10, 2013 be adopted.
Carried Unanimously
1
CLtq no _ Committee of Adjustment
Meeting Minutes
Wednesday, May 1, 2013
MaTMG- 7:00 pm
Main Committee Room
(III) Reports
P /CA 24/13
J. & D. Meulensteen
818 Kate's Lane
The applicant requests relief from the following provisions of Zoning By -law 3036, as
amended by By -law 4407/73:
• to permit a minimum rear yard depth of 6.7 metres; whereas the by -law
requires a minimum rear yard depth of 7.5 metres
to permit a minimum south side yard width of 0.9 metres; whereas the by -law
requires a minimum side yard width of 1.2 metres
• to recognize a north side yard width of 0.1 metres to an existing shed
(Shed #1) having a height of 2.0 metres, whereas the by -law requires a
minimum side yard width of 1.0 metres for all accessory structures greater
than 1.8 metres in height
The applicant requests approval of these variances in order to obtain a building
permit for a single storey addition to the rear of the existing building and ensure
zoning compliance for Shed #1.
M. Yeung, Assistant Secretary- Treasurer outlined comments received from the
City of Pickering City Development Department recommending approval subject
to conditions. Written comments were received from the City's Chief Building
Official indicating consideration should be given to spatial separation issues,
which will be reviewed at the building permit submission stage.
Written comments were also received from CN Rail .advising that by employing
brick veneer, acoustically- upgraded windows and air conditioning units that the
detached dwelling will not be further exposed to railway noise.
John Meulensteen, owner, was present to represent the application. Caroline
Kimble was present in favour of the application.
Caroline Kimble indicated brick - veneer will be used for the proposed addition
and expressed a concern with the acoustically- upgraded windows that CN Rail
has recommended. Caroline Kimble provided clarification to the Committee
regarding the CN Rail's recommendations and City staff concurred with the
explanation.
2
Citq o¢ _ Committee of Adjustment
Meeting Minutes
Wednesday, May 1, 2013
1 IRINGr 7:00 pm
Main Committee Room
Moved by Eric Newton
Seconded by Bill Utton
That application P /CA 24/13 by J. & D. Meulensteen, be Approved on the
grounds that the minimum rear yard depth of 6.7 metres, the minimum south side
yard width of 0.9 metres and the north side yard width of 0.1 metres to an
existing shed are minor in nature 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 single storey addition and
. Shed #1, as generally sited and outlined on the applicant's submitted plans.
2. That the applicant obtains a building permit for the proposed single storey
addition by May 1, 2015, or the decision affecting its rear and side yard
setbacks shall become null and void.
Carried Unanimously
2. P /CA 25/13
J. & J. Gray
699 Front Road
The applicant requests relief from Zoning By -law 2511 to permit a front yard
depth of 0.3 metres to a second storey addition above the existing dwelling and a
front yard depth of 5.2 metres to a proposed two - storey addition supporting a
covered vehicular entrance; whereas the by -law requires a minimum front yard
depth of 7.5 metres.
The applicant requests approval of these variances in order to obtain a building
permit for a proposed addition to the existing dwelling.
M. Yeung, Assistant Secretary- Treasurer outlined comments received from the
City of Pickering City Development Department recommending deferral to allow
the Heritage Pickering Advisory Committee an opportunity to review and
comment on the application. Written comments were received from the City's
Chief Building Official indicating the proposed second storey addition above the
existing dwelling may affect the existing foundations and will be addressed at the
building permit stage. Written comments were also received from the City's
Development Control Manager expressing no concerns.
3
Fri - 0- 4A i rim a 7N I
Committee of Adjustment
Meeting Minutes
Wednesday, May 1, 2013
7:00 pm
Main Committee Room
Jesse & Jodie Gray, owners, were 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 David Johnson
That application P /CA 25/13 by J. & J. Gray, be Deferred to the June 12, 2013
meeting to allow the Heritage Pickering Advisory Committee time to review and
comment on the application.
Carried Unanimously
(IV) Adjournment
Moved by Eric Newton
Seconded by Bill Utton
That the 5th meeting of the 2013 Committee of Adjustment be adjourned at
7:15 pm and the next meeting of the Committee of Adjustment be held on
Wednesday, May 22, 2013.
Carried Unanimously
Date
/ --- /�; /jam
hair
Assistant Secretary- Treasurer
12
Present:
Tom Copeland
David Johnson — Chair
Bill Utton
Also Present:
Committee of Adjustment
Meeting Minutes
Wednesday, May 22, 2013
7:00 pm
Main Committee Room
Mila Yeung, Assistant Secretary- Treasurer
Lesley Dunne, Assistant Secretary- Treasurer
Melissa Markham, Principal Planner, Development Review
Absent:
Eric Newton
Shirley Van Steen — Vice -Chair
(1) Adoption of Agenda
Moved by Bill Utton
Seconded by Tom Copeland
That the agenda for the Wednesday, May 22, 2013 meeting be adopted.
Carried Unanimously
(II) Adoption of Minutes
Moved by Tom Copeland
Seconded by Bill Utton
That the minutes of the 5th meeting of the Committee of Adjustment held
Wednesday, May 1, 2013 be adopted.
Carried Unanimously
1
Cif Committee of Adjustment
Meeting Minutes
Wednesday, May 22, 2013
PI 7:00 pm
Main Committee Room
(III) Reports
P /CA 26/13
K. & J. Sukhra
1101 Gossamer Drive
The applicant requests relief from Zoning By -law 3036, as amended by By -law
4113/92 to permit a minimum rear yard depth of 3.4 metres to a roof extension
within the rear yard, a maximum lot coverage of 39 percent to accommodate the
existing roof extension in the rear yard, and an 8 square metre shed in the front
yard with a minimum front yard depth and flankage side yard width of 0.6 metres,
respectively; whereas the by -law requires a minimum rear yard depth of 7.5 metres,
a maximum lot coverage of 38 percent and that all accessory buildings detached
from the dwelling shall be erected in the rear yard.
The applicant requests approval of these variances in order to obtain a building
permit for an existing roof extension within the rear yard_ and zoning compliance
for an existing shed.
M. Yeung, Assistant Secretary- Treasurer outlined comments received from the
City of Pickering City Development Department recommending approval for the
variance related to the rear yard depth and lot coverage for the existing roof
extension in the rear yard, subject to conditions and recommended refusal for an
8 square metre shed within the front yard and a flankage side yard width of
0.6 metres. The City Development Department recommends that the application
be amended to allow an 8 square metre shed be located in the flankage side
yard with a minimum setback of 12.0 metres from the front lot line and a flankage
side yard width of 0.6 metres, subject to conditions.
Written comments were also received from the City's Development Control
Manager and Chief Building Official both expressing no concerns.
Pasha Afshar, agent, and K. & J. Sukhra, owners, were present to represent the
application. Sally Gajraj of 1106 Gossamer Drive was present in favour of the
application. Luigi & Nancy Morra of 1100 Pine Glen Drive and Peter Bonfiglio of
1122 Pine Glen Drive were present in objection to the application.
Pasha Afshar explained there is an existing roof extension within the rear yard
and it will be removed and the proposed roof extension will be approximately two
feet smaller than the existing. In response to questions from a Committee
Member, Pasha Afsher indicated the existing posts will be removed and replaced
with metal posts and the roof extension is covering a concrete pad.
2
citq o¢ _ Committee of Adjustment
Meeting Minutes
Wednesday, May 22, 2013
I MG 7:00 pm
Main Committee Room
Sally Gajraj indicated-the subject property is well maintained and does not have
a problem with the shed being located in the front yard.
Luigi Morra expressed concerns with drainage onto his property and the location
of the shed in the front yard.
Peter Bonfiglio expressed concerns with drainage affecting surrounding
properties and building without a permit.
In response to questions from a Committee Member, M. Yeung, Assistant
Secretary- Treasurer explained the building permit process which assesses
drainage to ensure it is self contained on the property and is not aware of any
other complaints reported regarding drainage.
Moved by Bill Utton
Seconded by Tom Copeland
That application P /CA 26/13 by K. & J. Sukhra, be Deferred until the next
meeting in order to give the Committee Members an opportunity to visit the site.
Carried Unanimously
2. P /CA 27/13
G. Modica
481 Oakwood Drive
The applicant requests relief from the following provisions of Zoning By -law
2511, as amended:
• to permit a minimum south side yard width of 0.9 metres to a proposed
attached garage; whereas the by -law requires a minimum side yard width of
1.5 metres
• to permit a minimum flankage side yard width of 1.9 metres to a proposed
covered entrance and to recognize a flankage side yard width of 1.3 metres
to an existing two- storey detached dwelling; whereas the by -law requires a
minimum flankage side yard width of 4.5 metres
• to recognize a south side yard width of 0.7 metres to an existing two storey
detached dwelling and to an existing uncovered rear deck; whereas the
by -law requires a minimum side yard width of 1.5 metres
3
Committee of Adjustment
C` Meeting Minutes
Wednesday, May 22, 2013
P1 7:00 pm
Main Committee Room
• to recognize a rear yard depth of 0.7 metres and a flankage side yard width of
0.7 metres to an existing shed on a corner lot; whereas the by -law requires a
minimum rear yard depth of 3.0 metres and a minimum flankage side yard
width of 4.5 metres for all accessory buildings located on a corner lot
The applicant requests approval of these variances in order to obtain a building
permit to construct a covered entrance within the side yard and an attached
garage within the front yard, as well as to obtain zoning compliance for the
existing dwelling, uncovered rear deck and shed.
M. Yeung, Assistant Secretary- Treasurer outlined comments received from the
City of Pickering City Development Department recommending approval subject
to conditions. Written comments were received from the City's Development
Control Manager and Chief Building Official both expressing no concerns. Written
comments were also received from Carolyn & Paul Sweenie of 473A Oakwood
Drive in objection to the application.
Vince Modica, agent, Guiseppe Modica, owner, were present to represent the
application. Sal Modica was present in favour of the application. Robert &
Sharon Van Shaik of 478 Oakwood Drive, Thomas Martin & Michelle Mitchell of
477 Oakwood Drive, Doreen Brown of 475 Oakwood Drive, Brendan Donnelly &
Vera Isachenko of 479 Oakwood Drive and Dan Drummond of 482 Oakwood
Drive were present in objection to the application.
Correspondence received from Carolyn & Paul Sweenie expressed concerns
that the subject property is a corner lot and the visual obstruction the proposed
garage will have for vehicles approaching the stop sign at Staghorn Road and
Oakwood Drive, safety of pedestrians due to potential traffic hazard and the
siting of the garage in front of the existing home is unappealing. Carolyn & Paul
Sweenie questioned if the proposal is for an attached or detached garage, the
visual details in comparison to the surrounding neighbouthood, and will the face
of the garage be in line with or extend further than the existing home to the south.
In response to questions from concerned neighbours Vince Modica explained the
house has no garage, there are several trees on the property that have to be
preserved and the proposed garage is not able to be located in the rear yard
because there is not enough space. Vince Modica also indicated the dwelling is
registered as a 2 -unit dwelling with the City.
Sal Modica explained the proposed garage will add value and blend in with the
home and surrounding neighbourhood. Sal Modica also indicated the zoning
issues are a result of the new street Staghorn Road.
4
Committee of Adjustment
Meeting Minutes
Wednesday, May 22, 2013
PI 7:00 pm
Main Committee Room
Robert & Sharon Van Shaik expressed concerns the proposed attached garage
will negatively impact the surrounding area, decrease property values and feels
the garage can be located in the rear yard off of Staghorn Road.
Thomas Martin & Michelle Mitchell expressed concerns with the location of the
proposed garage and feels it could be located in the rear yard out of the way.
Doreen Brown expressed the same concerns as her surrounding neighbours with
the location of the proposed garage and feels it could be located in the rear yard
out of the way.
Brendan Donnelly & Vera Isachenko expressed concerns the height of the
proposed garage that it may turn into living space and feels a single car garage
would be better suited for the subject property. A photo was submitted for the
Committee to review and questioned where the proposed garage is going to be
located and how many metres it will project outwards from the front main wall of
the house.
Dan Drummond indicated there have been lots of changes in the neighbourhood
with large homes being built and he feels the neighbourhood is becoming over
developed. Dan Drummond expressed concerns with the proposed garage
having a negative visual impact and the affect it will have on the surrounding
neighbourhood.
Moved by Bill Utton
Seconded by Tom Copeland
That application P /CA 27/13 by G. Modica, be Deferred until the next meeting in
order to give the Committee Members an opportunity to visit the site.
Carried Unanimously
3. P /CA 28/13
H. & Z. Tieze
1877 Pine Grove Avenue
The applicant requests relief from Zoning By -law 3036, as amended to permit an
east side yard width of 1.0 metre to an existing detached dwelling and an east
side yard width of 0.8 metres to an existing deck in the rear yard, whereas the
by -law requires a minimum side yard width of 1.5 metres.
5
Cif _ Committee of Adjustment
Meeting Minutes
Wednesday, May 22, 2013
1 I�►11 V 7:00 pm
Main Committee Room
The applicant requests approval of these variances in order to obtain zoning
compliance for a proposed land severance administered by the Region of
Durham to create a new residential lot on the east side of the existing dwelling.
M. Yeung, Assistant Secretary- Treasurer outlined comments received from the
City of Pickering City Development Department recommending approval subject
to conditions.
Written comments were received from the City's Development Control Manager
indicating the applicant be advised that through the severance application the
City will require a preliminary grading plan that will address the placement of a
common drainage swale to redirect roof drainage that presently drains onto the
future severance lands.
Written comments were received from the City's Chief Building Official indicating
without any information on the dwelling, the Building Department cannot assess
whether or not there is any spatial separation concerns.
Written comments were also received from the Region of Durham Health
Department indicating no objections, however the lots will require either
connection to municipal services or compliance with the regional lot sizing policy.
Jakub Tieze, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Moved by Tom Copeland
Seconded by Bill Utton
That application P /CA 28/13 by H. & Z. Tieze, be Approved on the grounds that
the proposed east side yard width of 1.0 metre to an existing detached dwelling
and an east side yard width of 0.8 metres to an existing rear deck are minor in
nature that are desirable for the appropriate development of the land, and in
keeping with the general intent and purpose of the Official Plan and the Zoning
By -law, subject to the following conditions:
1. That these variances apply only to the existing building and rear deck on the
proposed retained parcel, as generally sited and outlined on the applicant's
submitted plans.
0
Citq co Committee of Adjustment
Meeting Minutes
Wednesday, May 22, 2013
1 7:00 pm
Main Committee Room
2. That the applicant demonstrates, via calculations, that the location of the
proposed new property /severance line meets the spatial separation
requirements of the Ontario Building Code to the satisfaction of the Chief
Building Official prior to receiving final clearance for a future land severance.
3. That the applicant obtains final clearance for a future land severance by
November 30, 2014, or this decision shall become null and void.
Carried Unanimously
4. P /CA 29/13
G. & J. Timleck
691 Foxwood Trail
The applicant requests relief from Zoning By -law 3036, as amended by By -law
1543/82 to permit a 0.2 metre south side yard width to an existing accessory
structure (pergola attached to a deck) not part of the main building, whereas the
by -law requires a minimum side yard width of 1.0 metre for all accessory
structures not part of the main building.
The applicant requests approval of this variance in order to obtain a building
permit for an existing accessory structure (pergola attached to a deck)
associated with an above ground pool.
M. Yeung, Assistant Secretary- Treasurer outlined comments received from the
City of Pickering City Development Department recommending refusal. Written
comments were also received from the City's Development Control Manager and
Chief Building Official both expressing no concerns.
James Timleck, owner, Jim Drakopoulos, agent, were present to represent the
application. Douglas Kutz of 693 Foxwood Trail was present in favour of the
application.
James Timleck indicated this minor variance application is only in front of the
committee because of a complaint that was filed on the height of the existing
privacy fence and accessory structure (pergola and deck) and not on the side
yard width. He further indicated that since the height of the privacy fence and
deck is below City requirements and there are no complaints regarding the side
yard width, the Committee should approve the application. James Timleck
explained if the deck was relocated or reduced in width size, it will not change
the visual impact on surrounding neighbours but rather there would be a safety
concern with the lack of space on the deck for people to pass.
7
Cif Committee of Adjustment
Meeting Minutes
Wednesday, May 22, 2013
PI 7:00 pm
Main Committee Room
In response to questions from Committee Members, James Timleck advised that
the above ground pool was installed in 2011 and the deck was built in the spring
of 2012. In addition, the Committee Member questioned James Timleck for not
obtaining a building permit and whether the existing accessory structure and
deck will comply with the Ontario Building Code. James Timleck responded that
he did not know he needed a building permit as the structure is soundly built, but
he anticipates that he would have no issues in obtaining a building permit to
comply with the Ontario Building Code.
Jim Drakopoulos explained if the structure was reduced in size there will be a
safety issue and if it is relocated there will be no change on the visual impact on
the surrounding neigbourhood. The Committee Members also questioned the
agent for building without a building permit. Jim Drakopoulos indicated he was
not employed for the construction of the accessory structure.
Douglas Kutz indicated moving or making the structure smaller will provide no
change and if the structure was to be made smaller, there will be a safety
concern for the users walking on the deck. Douglas Kutz explained the existing
construction does not impact property values.
Moved by Tom Copeland
Seconded by Bill Utton
That application P /CA 29/13 by G. & J. Timleck, be Deferred until the next
meeting in order to give the Committee Members an opportunity to visit the site.
Carried Unanimously
0
(IV) Adjournment
Moved by Bill Utton
Seconded by Tom Copeland
Committee of Adjustment
Meeting Minutes
Wednesday, May 22, 2013
7:00 pm
Main Committee Room
That the 6th meeting of the 2013 Committee of Adjustment be adjourned at
8:13 pm and the next meeting of the Committee of Adjustment be held on
Wednesday, June 12, 2013.
Carried Unanimously
Assistant Secretary- Treasurer
0