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HomeMy WebLinkAboutOctober 28, 2013 • Cify00 Council Meeting Agenda PI RIN Monday, October 28, 2013. Council Chambers 7:00 pm 6:30 pm In Camera Council Meeting I) Invocation Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. II) Disclosure of Interest III) Adoption of Minutes Page Council Meeting Minutes, September 16, 2013 • 1-17 Special Council Meeting, October 2, 2013 18-19 Special In Camera Council Meeting, October 2, 2013 Under Separate Cover Joint Planning & Development& Executive Committee, October 20-25 2013 IV) Presentations V) Delegations 26 VI) Correspondence 27-33 VII) Committee Reports 34-36 a) Joint Report PD 2013-07 of the Planning & Development and Executive Committee VIII) Reports—New and Unfinished Business 37-99 IX) Motions and Notice of Motions X) By-laws 100 Accessi ble For information related to accessibility requirements please contact Linda Roberts P I C K E G Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: Irobertseoickerina.ca XI) Confidential Council - Public Report 101 XII) Other Business XIII) Confirmation By-law FOR INFORMATION ONLY • Minutes of the Waterfront Coordinating Committee, June 20, 2013 • Minutes of the Accessibility Advisory Committee, June 26, 2013 • Minutes of the Committee of Adjustment, September 4 and 25, 2013 • Minutes of the Pickering Museum Village Advisory Committee, September 24, 2013 III • II • C 4 Council Meeting Minutes Monday, September 16, 2013 E�� 14 al 7:00 PM - Council Chambers Present: • Mayor Ryan Councillors: • K. Ashe D. Dickerson B. McLean J. O'Connell D. Pickles P. Rodrigues Absent: Also Present: T. Prevedel - Chief Administrative Officer P. Bigioni - Director, Corporate Services & City Solicitor M. Carpino - Director, Culture & Recreation R. Holborn - Director, Engineering & Public Works T. Melymuk - Director, City Development • S. Karwowski - (Acting) Division Head, Finance &Treasurer B. Douglas - Fire Chief D. Shields City Clerk 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 • No disclosures of interest were noted. • (IV) Adoption of Minutes Resolution#98/13 Moved by Councillor Dickerson Seconded by Councillor McLean 1 • 1 • • <';fq Council Meeting Minutes w=,rte Monday, September 16, 2013 42-014100 7:00 PM - Council Chambers Council Meeting Minutes, July 8, 2013 Special Council Meeting Minutes, September 3, 2013 Special In Camera Council Meeting Minutes, September 3, 2013 • Planning & Development Committee Minutes, September 3, 2013 Executive Committee Minutes, September 9, 2013 Carried (V) Delegations 1. Cecil Ramnauth Durham LifeBeat 2013 Cecil Ramnauth appeared before Council to provide an overview on behalf of Durham LifeBeat 2013, a 24 hour event being held on September 27 and 28. He provided details of the event, noting,this was a bandathon fundraiser for the Ajax Pickering Hospital. He outlined the history of this event as well as the goals and objectives for their fundraising initiatives which will benefit the clinical and cancer programs of the Rouge Valley Health System Foundation. Mr. Ramnauth also extended invitations to their launch, which will be held on September 19th at the Ajax Pickering Hospital. He also thanked Mayor, Council and Staff members for their support and encouragement. 2. Junior National Dragon Boat Team • Donna Tunstead appeared before Council providing a video presentation of the PP P 9 P accomplishments of the Junior National Dragon Boat Team, showing the competitions, race. results and medals. Ms. Tunstead noted they had received 7 gold, 5 silver and 1 bronze in the under 18 division at the world dragon boat championships held in Szeged, Hungary in July. At the conclusion of the presentation, she presented Mayor and Council with a team photo and thanked them for their support and encouragement which was greatly appreciated. 3. Syliva Spencer • Re: Report PLN 17-13 Sylvia Spencer, 771 Sheppard Avenue East, Pickering, appeared before Council in opposition to the application of Pine Ridge Tower Limited for 1473, 1475 & 1485 Whites Road. She stated that the development should be no more than a maximum of 8 to 10 stories with no reduction in parking spots. She stated her concerns with respect to the noise levels from traffic, air conditioning units as well as exhaust fumes emanating from the pub. She also questioned the plans for shared access with the northeast quadrant and whether this was being altered. Councillor Dickerson left the room during discussions regarding his appointments. 2 2 City 00 Council Meeting Minutes Monday, September 16, 2013 -Vt ant112[ 7:00 PM - Council Chambers • 4. Eileen Higdon Re: Notice of Motion Councillor Dickerson's Appointments to Veridian and as Deputy Mayor Eileen Higdon appeared before Council to express her support of the Notice of Motion regarding Councillor Dickerson's appointments as Deputy Mayor and on Veridian Board. She questioned the Councillor's ability to perform these duties, stating questionable ethics. She noted her disappointment in the fact that he was allowed to continue in these positions, which has resulted in the mistrust of politicians and a lack of accountability to taxpayers. Ms. Higdon questioned that with four out of five members being elected officials, how could this be a reflection of Pickering, stating a need for balance between businesses and the community. She also noted that her previous request for answers to questions raised regarding the Veridian Board annual general meeting had been denied and questioned how to access information regarding salaries and expense accounts. A brief question and answer period ensued. 5. Mike Bode Re: Notice of Motion Councillor Dickerson's Appointments to Veridian and as Deputy Mayor Mike Bode appeared before Council in support of the Notice of Motion regarding Councillor Dickerson's appointments as Deputy Mayor and on Veridian Board. He outlined the history of the process which had taken place over the past 3 years, noting the mounting costs as it proceeded. He stated that when this was brought before the Audit Committee, it was the decision of the Committee that Councillor Dickerson should be prosecuted.. He noted the expectations that residents have of members of Council and quoted the City's Code of Conduct. He noted that Councillor Dickerson should know the Municipal Elections Act and questioned how many other times he had filed incorrectly. He also questioned what amendments he had proposed and what steps he has taken if he feels the Act is unclear. He stated Councillor Dickerson should step down from the Veridian Board, and as Deputy Mayor, resign his seat on Council and repay the City of Pickering. A brief question and answer period ensued. 6. David Steele Re: Notice of Motion Councillor Dickerson's Appointments to Veridian and as Deputy Mayor David Steele appeared before Council in support of the Notice of Motion regarding Councillor Dickerson's appointments as Deputy Mayor and on Veridian. He noted that Councillor Dickerson had ample opportunity to state he was wrong and settle up. He also noted that after the Judge's ruling, which indicated no ambiguity in the Municipal Elections 3 3 Cis 00 Council Meeting Minutes Monday, September 16, 2013 lar 7:00 PM - Council Chambers Act, he should have had the integrity to step down, but chose to continue, resulting in increasing costs to taxpayers. Mr. Steele questioned why the Councillor has not resigned his position. He stated that if Council continues to support the Councillor, they are in complete complicity with him. A brief question and answer period ensued. 7. Ian Cumming Re: Notice of Motion Councillor Dickerson's Appointments to Veridian and as Deputy Mayor Ian Cumming appeared before Council in support of the Notice of Motion regarding Councillor Dickerson's appointments as Deputy Mayor and on Veridian. He noted that once concerns had been brought to the Audit Committee, had the Councillor provided an admission of guilt at that time, it most likely would have ended there, saving the City money. He stated that through the entire process, all that was heard was that the Act was unclear and confusing. He stated facts had proven that the Municipal Elections Act is not ambiguous. He questioned Council's credibility in not acknowledging his guilt prior to to Court proceedings, and why he was allowed to continue on, noting that in any other civic job he would have been on restricted duties until such time as the case had been heard. A question and answer period ensued. Moved by Councillor O'Connell Seconded by Councillor McLean That the rules of procedure be suspended in order to change the order of business by bringing forward the Notice of Motion regarding Councillor Dickerson's appointments to be heard as the first item. Carried b) Councillor Dickerson's Appointments to Veridian and as Deputy Mayor Discussion ensued with respect to Councillor Dickerson's appointment as Deputy Mayor and Veridian. Clarity was requested in regards to the motion, the appointments process, and the appointment by-law. Resolution #99/13 Moved by Councillor McLean • Seconded by Councillor O'Connell 4 4 • 00 = Council Meeting Minutes Monday, September 16, 2013 VO_NUNIVE 7:00 PM - Council Chambers Whereas: subsequent to the public release of the 2010 Municipal Election Financial Statements, the City of Pickering received several requests for an audit of Councillor Dickerson's election finances. The independent and Provincially mandated Ontario Municipal Elections Act Audit Compliance Committee for the City of Pickering met to review the audit requests made by residents of Pickering and ultimately ordered a full audit of Councillor Dickerson's 2010 election finances; and Whereas: Councillor Dickerson appealed the Compliance Audit Committee's decision for an audit of his 2010 election finances. On December 21, 2011 Justice P.L. Bellefontaine released his ruling on the audit appeal filed by Councillor Dickerson's attorney. Justice Bellefontaine agreed with the Compliance Audit Committee's decision and ordered an audit of Councillor Dickerson's 2010 election finances; and Whereas: in ncia May reviewed Dickerson's election final statement 2012 an independent and found numerous auditor contraventions Councillor to the Ontario Municipal 2010 Elections Act; and Whereas: on February 27, 2012 Councillor Dickerson was charged with five offenses under the Ontario Municipal Elections Act on behalf of the City of Pickering's Compliance Audit Committee; and Whereas: on July 19, 2013 Councillor Dickerson pied guilty to Ontario Municipal Elections Act violations for his 2010 municipal election which ultimately cost the taxpayers for the City of Pickering approximately $266,000 in audit and legal fees; and Whereas: the City of Pickering's Council Code of Conduct policy objective dated March 2012 is intended to complement the oath of office sworn by each Member of Council of the City of Pickering. The Council Code of Conduct policy objective reads with the following; • - Members are committed to performing their duties of office and arranging their private affairs, in a manner that promotes public confidence in the integrity of each Member and respect for Council as a whole; - Members are committed to acting and being seen to act with integrity and impartiality that will bear the closest scrutiny; - Members are committed to avoiding waste, abuse and extravagance in the " provision and use of any of the City's resources. Now therefore be it resolved; That the Council for the Corporation for the City of Pickering acknowledges the Ontario Municipal Election Act violations committed by Councillor Dickerson and_therefore rescinds his appointment as Deputy Mayor and Veridian representative for the City of Pickering. 5 5 % o4 = Council Meeting Minutes Monday, September 16, 2013 7:00 PM - Council Chambers And therefore the Clerk be directed to make the appropriate arrangements for Council to appoint new representatives for any and all vacancies as a result of the passing of the above resolution. Tied & Lost on a Recorded Vote as Follows Yes No • Councillor Councillor McLean Councillor Ashe Councillor O'Connell Councillor Pickles Councillor Rodrigues Mayor Ryan Council took a ten minute recess and reconvened at 9:25 pm • Councillor Dickerson returned to the meeting. (VI) Committee Reports a) Report PD 2013-06 of the Planning & Development Committee 1'. Director, City Development, Report PLN 15-13 Conservation Policies The Draft"Living City Policies", Toronto and Region Conservation Authority "Watershed Management Futures for Ontario", Conservation Ontario Whitepaper" Council Decision 1. That Report PLN 15-13 of the Director, City Development regarding the draft "Living City Policies" of the Toronto and Region Conservation Authority and the 'Watershed Management Futures for Ontario", a Whitepaper by Conservation Ontario, be received; 2. That City Staff comments on the draft"Living City Policies" of Toronto and .Region Conservation Authority, as set out in Appendix I to Report PLN 15-13, be endorsed, and Toronto and Region Conservation Authority be requested to reflect the comments in the final "Living City Policies" and that TRCA be requested to respond in writing to the City of Pickering with respect to these matters; • 3. That Pickering Council advise Conservation Ontario and the Ministers of Natural Resources, Environment, Municipal Affairs and Housing, Infrastructure, and Agriculture, Food and Rural Affairs, that the City of Pickering does not support: 6 6 . • City of Council Meeting Minutes 41_i Monday, September 16, 2013 7:00 PM - Council Chambers a) transfer of ownership of flood control infrastructure to municipalities from Conservation Authorities; and b) delegation of the authority for policy interpretation for natural heritage protections under the Planning Act to Conservation Authorities from municipalities; • 4. That Pickering Council request that area municipalities be invited to participate in the discussions about a new funding formula for Conservation Authorities that may have direct impacts on municipal interests; and. 5. Further, that copies of Report Number PLN 15-13 be forwarded to the Toronto and Region Conservation Authority, the Region of Durham, other Durham Region local municipalities, the Association of Municipalities of Ontario, Conservation Ontario and the Ministers of Natural Resources, Environment, Municipal Affairs and Housing, Infrastructure, and Agriculture, Food and Rural Affairs. 2. Director, City Development, Report PLN 17-13 Official Plan Amendment Application OPA 12-001/P Zoning By-law Amendment Application A 1/12 Pine Ridge Tower Limited (formerly Cambridge Centre Village Inc.) • Part of Lots 1, 2 and 3, Registered Plan 456 (1473, 1475 & 1485 Whites Road) • Council Decision • 1. That Official Plan Amendment Application OPA 12-001/P, submitted by Pine • Ridge Tower Limited (formerly Cambridge Centre-Village Inc.), on lands being Part of Lots 1, 2 and 3, Registered Plan 456, to allow a maximum site density of 228 units per net hectare in order to facilitate the development of a 12 storey, 227 unit apartment building, be approved, as outlined in Appendix Ito Report Number PLN 17-13, and that staff be authorized to finalize and forward the draft by-law to adopt Amendment No. 25 to the Pickering Official Plan to Council for • enactment; 2. That Zoning By-law Amendment Application A 1/12, submitted by Pine Ridge Tower Limited (formerly Cambridge Centre Village Inc.) on lands being.Part of Lots 1, 2 and 3, Registered Plan 456, to permit the development of a 12 storey, 227 unit apartment building, be endorsed as outlined in Appendix II to Report Number PLN 17-13, and that staff be authorized to finalize and forward the implementing Zoning By-law Amendment to Council for enactment; and 7 7 • ('`tY 4 Council Meeting Minutes g Monday, September 16, 2013 7:00 PM - Council Chambers • 3. Further,•that an amendment to the Northeast Quadrant Development Guidelines, as generally set out in Section 3.5 of Report Number PLN 17-13 be endorsed, and brought forward for Council approval with the implementing Zoning By-law. 3. Director, City Development, Report PLN 18-13 Zoning By-law Amendment Application A 1/13 J. Micklewright Part of Lot 43, Plan 350, Part 1, Plan 40R-18460 (535 Rougemount Drive) Council Decision That Zoning By-law Amendment Application A 1/13, submitted by J. Micklewright, to amend the zoning of the subject property to an "R4"— Fourth Density Residential Zone in order to facilitate the creation of two lots with minimum lot frontages of 15.0 metres on lands being Part of Lot 43, Plan 350, Part 1, Plan 40R-18460 be approved, and that the draft zoning by-law, as set out in Appendix Ito Report PLN 18-13 be forwarded to City Council for enactment. 5. Grant for the Claremont and District Community Association for Claremont's 175th Anniversary Heritage e Festival • Council Decision WHEREAS the Hamlet of Claremont is seeking to improve the quality of life and vibrancy of the community, and to outreach inclusively to all other communities and • residents of Pickering; WHEREAS there has been a tremendous amount of planning and costs involved in this city wide event; WHEREAS the community association has not received any kind of annual funding from the City of Pickering; NOW THEREFORE BE IT RESOLVED that the City of Pickering provides a one-time grant of$1,000.00 to offset some of the numerous expenses being incurred. That Report PD 2013-06 of the Planning & Development Committee, dated September 3, 2013, be adopted Carried 8 8 City 00 Council Meeting Minutes hat` '=-=,__ Monday, September 16, 2013 N_NSW ir 7:00 PM - Council Chambers Resolution #100/13 Moved by Councillor Pickles Seconded by Councillor McLean That Report PD 2013-06 of the Planning & Development Committee, dated September 3, 2013, be adopted, save and except Item No. 4. Carried 4. Director,City Development, Report PLN 19-13 Proposed Telecommunication Tower Installation Wind Mobile 270 Highway 7 Installation #56 Resolution#101/13 Moved by Councillor Pickles Seconded by Councillor McLean That Wind Mobile be advised that City Council does not object to the proposed 60.0 metre high telecommunication tower installation located at 270 Highway 7, based on the design and other details submitted with this request. Carried on a Recorded Vote as Follows Yes No Councillor Ashe Councillor O'Connell Councillor Dickerson Councillor Rodrigues . Councillor McLean Councillor Pickles Mayor Ryan b) Report EC 2013-06 of the Executive Committee 1. Director, City Development, Report PLN 20-13 Heritage Permit Application Whitevale Bridge over the West Duffins Creek on Whitevale Road Whitevale Heritage Conservation District Council Decision . 9 9 City 00 Council Meeting Minutes Monday, September 16, 2013 INNII1112t 7:00 PM - Council Chambers 1. That the Heritage Permit Application submitted by GHD, on behalf of the City of Pickering, to allow the removal and replacement of the Whitevale Bridge over West Duffins Creek, located within the Whitevale Heritage Conservation District, be approved, subject to the following condition: • a) that staff, in consultation with the Whitevale Bridge Committee and the Heritage Committee, (i) consider the use of materials other than concrete for the proposed curb and gutter located at the ends of the replacement bridge; (ii) identify appropriate remnants of the former bowstring Arch bridge and the existing Whitevale Bridge for salvage and identify an appropriate location and display to commemorate the history and significance of the existing and former Whitevale Bridges; and (iii) develop an appropriate wording and location for a plague to commemorate the history and significance of the existing and former Whitevale Bridges; and, 2. That staff be directed to investigate a pedestrian bridge over Duffins Creek and work with TRCA and other interested parties and report back to Council on the feasibility of implementation. 2. Director, Corporate Services & City Solicitor, Report CLK 01-13 2014 Standing Committee and Council Meeting Schedule Council Decision That the 2014 Standing Committee and Council Meeting Schedule included as • Attachment 1 to this report be approved as amended. 3. Director, Corporate Services & City Solicitor, Report FIN 18-13 Cash Position Report as at June 30, 2013 Council Decision It is recommended that Report FIN 18-13 from the Director, Corporate Services & City Solicitor be received for information. 4. Director, Corporate Services & City Solicitor, Report FIN 19-13 2012 Municipal Performance Measurement Program— Provincially Mandated Public Reporting of Performance Measures Council Decision 10 10 Cz , A= Council Meeting Minutes Monday, September 16, 2013 _V1 : I K 7:00 PM - Council Chambers It is recommended that Report FIN 19-13 from the Director, Corporate Services & City Solicitor be received for information. Resolution#102/13 Moved by Councillor O'Connell Seconded by Councillor Pickles That Report EC 2013-06 of the Executive Committee, dated September 9, 2013, be adopted. Carried (VII) NEW AND UNFINISHED BUSINESS t Director, Corporate Services & City Solicitor, Report FIN 20-13 Pre-2014 Capital Budget Approval - Indoor Soccer Facility Resolution #103/13 Moved by Councillor O'Connell Seconded by Councillor Ashe 1. That Report FIN 20-13 of the Director, Corporate Services & City Solicitor be received; and, 2. That Council cancel the previously approved 2013 capital project- New Parking Lot for Indoor Soccer Facility (Account 5315.1302) that was funded by Duffin Heights land sales; 3. That Council change the 2013 Capital budget approval and corresponding funding for the Indoor Soccer Facility from $4,876,090 to $337,594 and this amount be used for architectural and engineering services for the indoor soccer facility; 4. That Council approve the financing for the architectural and engineering services for the indoor soccer facility as follows: a) The sum of$161,201 be funded by a transfer from the Development Charges (DC)-Recreation Facilities Reserve Funds; .b) The sum of$176,393 be funded by a transfer from the City's Share DC Reserve and this amount be included in the memorandum of understanding between the City and Pickering Soccer Club; 11 11 • Cif,/ Council Meeting Minutes Monday, September 16, 2013 7:00 PM -Council Chambers 5. That Council provide pre-2014 Capital Budget approval for the construction of the Indoor Soccer Facility and new parking lot at an estimated cost of$7,146,605; 6. That the (Acting), Division Head, Finance &Treasurer be authorized to finance the estimated project cost for the construction of the Indoor Soccer Facility as follows: a) The sum of$3,412,504 to be funded by a transfer from the DC-Recreation Facilities Reserve Fund; b) The sum of$3,734,101 to be financed by the issue of debentures by the Regional Municipality of Durham over a period not to exceed 15 years, at a . rate to be determined; c) The annual repayment charges in the amount of approximately $324,000 be included in the memorandum of understanding between the City and Pickering Soccer Club for repayment and any financing cost to be paid out of the Current Budget. 7. That the financing of land associated with the soccer facility (deemed 25% of the area of the new Operations Centre Land purchase) in the amount of$1,224,071, previously approved as debt financing be changed as follows: • a) The sum of$584,494 be funded by a transfer from the DC—Recreation - Facilities Reserve Fund; b) The sum of$639,577 be funded by a transfer from the City's Share DC Reserve and this amount be included in the memorandum of understanding between the City and Pickering Soccer Club; 8. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. Carried 2. Director, Culture & Recreation, Report CR 14-13 Tender for Construction of an Indoor Soccer Facility -Tender No. T-11-2013 Resolution #104/13 Moved by Councillor O'Connell Seconded by Councillor Ashe 12 12 Carl aie Council Meeting Minutes >Monday September 16, 2013 > 1 7 MC 7:00 PM - Council Chambers • 1. That Report CR 14-13 of the Director, Culture & Recreation regarding the Construction of an Indoor Soccer Facility be received; 2. That Tender No. T-11-2013 submitted by Aplus General Contractors Corporation in the amount of$7,094,140 (HST included) be accepted; 3. That the total gross project cost of$7,935,990 (HST included), and a net project cost of$7,146,605 (net of HST rebate) including the total tendered amount, contingency and other miscellaneous costs be approved; 4. That the (Acting) Division Head, Finance &Treasurer be authorized to finance the total net project cost of$7,146,605 as follows: a) the sum of$3,412,504 to be funded from the Development Charges- Recreation Facilities Reserve Funds; • b) the sum of$3,734,000 to be financed by the issue of debentures by the Regional Municipality of Durham over a period not to exceed 15 years, at a rate to be determined; c) the sum of$101 to be funded from property taxes; d) the annual repayment charges in the amount of approximately $324,000 to be included in the annual Current Budget for the City of Pickering, continuing thereafter until the debentures are repaid, and any financing cost to be paid out of the Current Budget; 5. That Council approve in principle the debt financing charges for the indoor soccer facility being fully repaid by the Pickering Soccer Club through regular monthly payments until the related debt financing is paid in full; 6. That the draft by-law attached to this report be enacted; 7. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. Carried 3. Director, Engineering & Public Works, Report ENG 11-13 Toynevale Road Reconstruction -Tender No. T-18-2013 -Rouqemount Drive to Rosebank Road 13 • 13 C'ifq o¢ A Council Meeting Minutes =`- Monday, September 16, 2013 MIMr 7:00 PM - Council Chambers Resolution#105/13 Moved by Councillor O'Connell Seconded by Councillor Ashe 1. That Report ENG 11-13 of the Director, Engineering & Public Works regarding the Tender for Toynevale Road Reconstruction from Rougemount Drive to Rosebank Road be received; 2. That Tender No.T-18-2013 as submitted by Elirpa Construction & Materials Ltd. in the total tender amount of$1,073,257.95 (HST included)be accepted; 3. That the total gross project cost$1,194,168.00 (HST included), including the tender amount and other associated costs and the total net project cost of $1,075,385.00 (net of HST•rebate) be approved; 4. That Council authorizes the (Acting) Division Head, Finance &Treasurer to finance the project in the amount of$1,075,385.00 as follows: a) The sum of$722,167.23 to be funded from the Development Charge (DC) City's Share Reserve; b) The sum of$240,722.41 to be funded from Development Charges Roads and Related Reserve Funds (DCRF); c) The sum of$12,495.36 to be funded from Third Party Contribution Reserve Funds; d) The sum of$100,000.00 to be funded by a contribution from the Toronto & Region Conservation Authority; e) 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; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. Carried (VIII) Notice of Motion Frequent Pedestrian Crossings and Safety Initiatives on Maple Ridge Drive 14 14 Cfq o0 = Council Meeting Minutes Monday, September 16, 2013 NOWSIN E 7:00 PM - Council Chambers Resolution# 106/13 Moved by Councillor McLean Seconded by Councillor Rodrigues Whereas: the residents of the Maple Ridge Neighbourhood have expressed safety concerns with traffic and safe opportunities for pedestrians to cross Maple Ridge Drive between Dixie Road and Finch Avenue. Whereas: there are a number of amenities for pedestrians to access including: two elementary schools; Maple Ridge Public School and St. Isaac Jogues Catholic School; Maple Ridge Park, and Maple Ridge Plaza, that necessitate crossing Maple Ridge Drive. Whereas: there is presently only one stop sign location at the intersection of Maple Ridge Drive and Bushmill Street that provides for a safe crossing location, and that this intersection,is too far out of the way and impractical for most pedestrians crossing to the amenities. Now therefore be it resolved; 1. That staff be directed to review the matter regarding frequent pedestrian crossings of Maple Ridge Drive and other traffic calming measures to determine opportunities of safe crossing points through the establishment of stop signs or other means. 2. Maple Ridge Drive at a) Harvest Street or Fieldstone Drive b) Maple Ridge Drive and Pebblestone Crescent 3. That staff report back to Council as soon as practical with a summary of their investigation, including a proposed by-law for the placement of new stop sign locations, if any. • Carried Unanimously on a Recorded Vote (IX) By-laws 7299/13 Being a by-law to appoint Stanley Karwowski as the Treasurer for the Corporation of the City of Pickering. 7300/13 Being a by-law to establish that part of Block 19, Plan 40M-1649, designated as Part 3, Plan 40R-28060, as public highway.. • 15 15 • A Council Meeting Minutes Monday, September 16, 2013 W I& 7:00 PM - Council Chambers 7301/13 Being a by-law to establish that part of Lot 21, Plan M-1040, designated as Part 1, Plan 40R-27829, as public highway. 7302/13 Being a by-law to adopt Amendment 24 to the Official Plan for the City of Pickering. (OPA 12-002/P) 7303/13 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 Lot 1, Plan 388 and Block 39, Plan 40M-2086. (OPA 12- 002/P, SP-2012-02, CP-2012-03 &A 5/12) 7304/13 Being a by-law to exempt Block 1, Plan 40M-2500, Pickering, from the part lot control provisions of the Planning Act. 7305/13 Being a by-law to exempt Blocks 2, 3 and 4, Plan 40M-2500, from the part lot control provisions of the Planning Act. 7306/13 Being a By-law to assign certain functions and duties to the Director, City Development. 7307/13 Being a by-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 43, Plan 350, Part 1, Plan 40R-18460 in the City of Pickering, (A 1/13). 7308/13 Being a by-law to authorize the Construction of an Indoor Soccer Facility in the City of Pickering and the issuance of debentures in the amount of $3,734,000. 7309/13 Being a By-law to amend By-law 6604/05 providing for the regulating of traffic and parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. Resolution#107/13 Moved by Councillor Dickerson Seconded by Councillor Rodrigues That By-law Nos. 7299/13 through 7309/13, be approved. Carried 16 • 16 • Calf 00 = Council Meeting Minutes Monday, September 16, 2013 11-101:MC 7:00 PM - Council Chambers • Councillor McLean, Councillor O'Connell and Councillor Rodrigues left the meeting. (X) Confirmation By-law By-law Number#7310/13 • Councillor Dickerson, seconded by Councillor Rodrigues 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 September 16, 2013. (XI) Adiournment Moved by Councillor Dickerson • Seconded by Councillor Pickles That the meeting be adjourned at 9:40 pm. Carried Dated this 16th day of September, 2013. Mayor Ryan Debbie Shields City Clerk • 17 • 17 cif,/04 Special Council Meeting Minutes a •� .::. 1 _ = Wednesday, October 2, 2013 wz sroc 3:00 pm Main Committee Room Present: Mayor Ryan Councillors:, K. Ashe D. Dickerson B. McLean J. O'Connell D. Pickles P. Rodrigues Also Present: T. Prevedel - Chief Administrative Officer B. Douglas - Fire Chief J. Hagg - Deputy Fire Chief J. Parent - Division Head, Human Resources P. Ross - Solicitor, Dunsmore Wearing. B. Kinsman - Past President, PPFA M. Palachik -Vice President, PPFA D. Shields - City Clerk (I) Disclosure of Interest No disclosures of interest were noted. • (II) Confidential Matters Resolution # 108/13 Moved by Councillor Dickerson Seconded by Councillor McLean That Council move In Camera in accordance with the provisions of the Municipal Act and Procedural By-law 7212/12, in that the matters to be discussed relate to • labour relations or employee negotiations. Carried 1 18 Q Special Council Meeting Minutes • Wednesday, October 2, 2013 VIOTOS VE 3:00 pm Main Committee Room 1. Confidential—Pickering Professional Firefighters Association General discussion ensued on this matter. Refer to the In Camera minutes for further information. [City Clerk has custody and control of the In Camera minutes] Resolution # 109/13 Moved by Councillor O'Connell Seconded by Councillor Dickerson That Council rise into open session of Council. Carried (III) Confirmatory By-law By-law Number 7311/13 Councillor O'Connell seconded by Councillor Dickerson moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of the Council of The Corporation of the City of Pickering at its Special Meeting of Council of October 2, 2013. Carried (IV) Adjournment The meeting adjourned at 5:45 pm. Dated this 2nd day of October, 2013 Mayor David Ryan Debbie Shields City Clerk 2 19. Carl°0 it Joint Planning & Development and z� `Y Executive Committee Meeting Minutes Monday, October 7, 2013 6:30 pm - Council Chambers Chair: Councillor McLean Present: Mayor Ryan Councillors: K. Ashe D. Dickerson B. McLean J. O'Connell • D. Pickles P. Rodrigues Also Present: T. Prevedel - Chief Administrative Officer P. Bigioni - Director, Corporate Services & City Solicitor M. Carpino - Director, Culture & Recreation R. Holborn - Director, Engineering & Public Works B. Douglas - Fire Chief S. Karwowski - Division Head, Finance &Treasurer D. Shields - City Clerk C. Rose - Chief Planner N. Surti - Manager, Development Review& Urban Design C. Celebre - Senior Planner— Development& Heritage C. Kong • - Senior Financial Analyst-Capital & Debt Management M. Markham - Principal Planner— Development Review D. Wylie - Senior Planner— Policy C Watson - Watson & Associates L. Roberts - Committee Coordinator (I) Disclosure of Interest No disclosures were noted. (II) Delegations Treasurer's Update Re: New Development Charges By-law Process S. Karwowski, Division Head, Finance & Treasurer appeared before the Committee to outline the upcoming process for the new Development Charges By-law. He stated that the public meeting for the Development Charges 1 ° Joint Planning & Development and 5- � Executive Committee Meeting Minutes Monday, October 7, 2013 6:30 pm - Council Chambers Chair: Councillor McLean Background Study and By-law would be conducted on November 11, 2013 and all comments collected from the public meeting will go into a final report to Council on December 9, 2013. He noted that the public meeting will be advertised in the newspaper and that background studies are available to the public on October 25, 2013. (III) Presentations Royal Canadian Legion Branch 606 Jim Corbitt, Past President, of the Royal Canadian Legion Branch 606 appeared before the Committee to kick off their annual poppy campaign, which runs from October 25th through November 11th. Mayor, Councillors, MP Corneliu Chisu, and Ryan Pyne, representing MPP Tracy MacCharles were invited to come forward for the poppy fitting ceremony. Mayor Ryan was presented with the official poppy flag to fly at City Hall during the campaign. (IV) Part A Planning Information Reports Nilesh Surti, Manager, Development Review & Urban Design gave an outline of the requirements for a Statutory Meeting under the Planning Act. He outlined the notification process procedures and also noted that if a person or public body does not make oral or written submissions to the City before the by-law is passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Municipal Board, and may not be entitled to be added as a party to the hearing unless, in the opinion of the Board, there are reasonable grounds to do so. 1. Information Report No. 08-13 Official Plan Amendment Application OPA 13-001/P Tristar Management Corp. (2206211 Ontario Inc.) Part Lot 28, Range 3, Broken Front Concession 760 & 770 Kingston Road • A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above noted application. Deborah Wylie, Senior Planner, Policy, appeared before the Committee to provide an outline of the applications for 760 & 770 Kingston Road. She explained that the application proposes to exempt the subject lands from requiring all buildings to be a minimum of two storeys in height. Sylvia Spencer, 771 Sheppard Avenue, Pickering, appeared before the Committee requesting that proper signage be installed to clearly define exits for safety reasons. She questioned what type of buffer would be installed and how severe erosion would 2 °¢ _. • Joint Planning & Development and Executive Committee Meeting Minutes atIti C Monday, October 7, 2013 6:30 pm - Council Chambers Chair: Councillor McLean be if the trees were removed. She noted concerns with the traffic study, noise concerns and parking spaces and also felt that the archaeological study should be widened. She stated that the building noted as "Building A" on the plans should be moved back. Anita Nazar, 757 Sheppard Avenue, Pickering, appeared before the Committee, stating that while she does support the proposal for a single storey, she strongly opposes the laneway at the north end of the property. She stated she does not understand the need for this laneway, which will bring unwanted traffic, loitering, and maintenance concerns. She also questioned the right in, right out only lanes off Kingston Road, questioning why traffic was not being diverted to the back, giving full access into the plaza and stated her concerns to ensure appropriate buffering. Alex Seviaryn, 765 Sheppard Avenue, Pickering, appeared before the Committee, noting his major concern was with the destruction of mature trees and the proposed laneway. He stated the laneway in the back of his property would increase noise and headlights would shine directly into his home. He requested that a tree buffer or fencing with at least a height of 10' — 11' be installed. He also noted his concerns with a decrease in property values. He stated that he supports a single storey building but did not support any patio uses. Gus Besios, 751 Sheppard Avenue, Pickering, appeared before the Committee noting his support for a single storey. He also noted his main concern was for the preservation of the trees and the channelling of the creek. He stated the creek bends right at his property, and during rainstorms, the banks overflow. Gabriel Nazar, 757 Sheppard Avenue, Pickering, appeared before the Committee noting his concerns with the proposed laneway, stating it would destroy approximately 80% of the existing trees. He questioned what guarantees were in place for the protection of these trees. He stated concerns with erosion in the event the trees are lost, which would contribute to the water problems already experienced during heavy rains. He also noted concerns over having a two storey building with no buffer from traffic noise. Michael Boseovski, representative for Tristar Management, appeared before the Committee to address the resident's concerns. He noted they would prefer to omit the laneway and share access with Kingsway property, noting if the laneway must go in here, they would work with the residents to decrease light pollution. He also stated the greenspace would be untouched. Members posed questions to staff with respect to shared access with the Kingsway property. Staff were requested to look into the possibility of expropriation of a small parcel of land which could connect the two properties, as well as any legalities 3 Cal 04 Joint Planning & Development and Executive Committee Meeting Minutes NOM Monday, October 7, 2013 6:30 pm - Council Chambers Chair: Councillor McLean involved. Staff were also requested to look into the timelines for the installation of a median and any impact this may have on rapid transit. 2. Information Report No. 09-13 Draft Plan of Subdivision SP-2013-02 Zoning By-law Amendment A 5/13 2364722 Ontario Inc. (Williamsberg Estates) Part of Lot 26, Concession 1 (1915 Fairport Road) A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above noted application. Cristina Celebre, Senior Planner, Development & Heritage, appeared before the Committee to provide an outline of the application for 1915 Fairport Road. She noted the development consists of 14 lots, with 6 blocks to be combined with adjacent lands for future lots as well as the extension of Gablehurst Crescent. Thomas Stevenson, 907 Gablehurst Crescent, appeared before the Committee questioning where access routes for construction vehicles would be as well as timelines for construction. He stated there is currently limited on street parking. He also questioned the height of the homes, setbacks and whether they would complement the existing homes. He questioned whether there were any model homes elsewhere in the City that would,be consistent with the style proposed here, that were open for viewing. He also questioned whether the sidewalks would be consistent and whether it would be the City or the developer doing the work on the street. Anne-Marie Golab-Renhald, 1858 Brookshire Square, Pickering, appeared before the Committee, stating her concerns with increased traffic as well as the loss of the trees. She stated she was not opposed to the development, but was used to having a private street. Peter Swiedon, 911 Gablehurst Crescent, appeared before the Committee stating concerns with the construction traffic and safety concerns for children in the area. He . noted he is not opposed to development, but would like to see a cul de sac to match the rest of the area, stating his preference for access off Fairport Road. Debbie Traill, 945 Gablehurst Crescent, appeared before the Committee, questioning where the construction traffic will enter the development and how the grade will be fixed. Rob Lawrence, 910 Gablehurst Crescent, appeared before the Committee noting his concerns with the elevation and questioned ownership of the six lots and when they 4 cag°, Joint Planning & Development and ==~ Executive Committee Meeting Minutes Monday, October 7, 2013 6:30 pm - Council Chambers Chair: Councillor McLean would be developed. He also questioned whether the elevation issue had been taken into consideration. Tony Presutti, 1820 Holbrook Court, Pickering, appeared before the Committee and questioned the type of homes to be built, as well as construction timelines. He also noted concerns with tree preservation. Debra Carmichael, 914 Gablehurst Crescent, Pickering, appeared before the Committee noting concerns with the 6 lots and when these would be developed, if it would be at the same time. Frank Quinto, 906 Gablehurst Crescent, Pickering, appeared before the Committee noting his concerns with water issues, questioning the installation of a catch basin to help alleviate the water flow. Andrew Feranik, Senior Associate, Walker, Nott Dragicevic Associates Limited, appeared on behalf of the owner to respond to resident's concerns. He stated construction access would be off Fairport Road and that the 6 lots would be developed at the same time. He also noted the extension of Gablehurst would be the logical conclusion to allow alternate points of entry. He also noted they would be willing to meet with neighbourhood representatives. A question and answer period ensued. (V) Part B— Planning & Development Reports 1. Director, City Development, Report PLN 21-13 Draft Plan of Subdivision SP-2013-01 Zoning By-law Amendment Application A 2/13 Orchard Ridge (Pickering) G.P. Inc. Part of Lot 11, Lots 12 and 13, Plan 175, Part 1, Plan 40R-11659 (560 Park Crescent) Paul Whyte, appeared before the Committee on behalf of the Fairport Beach Ratepayers Association, stating that the community has been very pro active during the past year. He stated they are quite satisfied with the densities, which could have been much higher, and noted that only one access point would be necessary during construction. He requested that construction vehicles not use lower Cliffview Road or Park Crescent during the construction phase. He stated that the Fairport Beach area has quite a distinct character which they would like to see maintained for their neighbourhood. He also stated there would be little increase in traffic in the area. He questioned the possibility of working with the developers to bury the utilities along the balance of Cliffview Road, as their exiting utility poles are in need of repair. He noted 5 Cif,4 8 Joint Planning & Development and Executive Committee Meeting Minutes Monday, October 7, 2013 6:30 pm - Council Chambers Chair: Councillor McLean that while they support the application, they oppose the installation of sidewalks, and questioned the use of curbs or stamped asphalt as an alternative. A question and answer period ensued. Gianna Wyce, 516 Cliffview Road, Pickering, appeared before the Committee, stating her support for a road through to Park Crescent. She noted that the burying of all utilities should be mandatory, noting this would be the perfect time to have this done. She was also in agreement of having no sidewalks on Cliffview Road, noting she • would support as an alternative, curved shallow curbs, such as was done on McCleod Crescent. She also questioned whether lamp posts would be updated as well in the old section of Cliffview Road for consistency. She noted she welcomes development, but would like to see these issues addressed. A question and answer period ensued with respect to the installation of sidewalks for accessibility. Phil Warne, 518 Cliffview Road, Pickering, appeared before the Committee expressing his hope to see the identity and uniqueness of the neighbourhood maintained, noting the most recent proposal is the most workable. He also noted it would be nice not to have to use curbs and does not want to see sidewalks. Jasmin Rauh-Munch, 509 Marksbury Road, Pickering, appeared before the Committee noting she disagrees with the traffic study, stating statistics can be skewed. She also stated she felt that the utilities could be buried, new street lights installed as well as diverting the water, with the increase in revenues which will be seen through additional taxes and development levies resulting from the new development. Cat Beattie, Pickering resident, appeared before the Committee, stating her previous questions have gone unanswered. She requested clarification on the term "tree covenant" and questioned what trees are actually there. She also questioned why traffic would be exiting on Park Crescent and why the road would not be opened up, as was previously proposed. She stated traffic is already bad on Oklahoma. She questioned the validity of the traffic study and who it was done by. She also stated her opposition to sidewalks, noting a swale would be better. Lynn Watkins, 500 Cliffview Road, Pickering, appeared before the Committee stating she was opposed to sidewalks, noting that accessibility and safety were not issues there. She also would like to see the character of the neighbourhood maintained. Andy McKinnon, Pickering resident appeared before the Committee noting his concerns to save as many trees as possible. He also stated he would like to see the area kept natural, without curbs or sidewalks. 6 C,tq 00 _ Joint Planning & Development and " - = Executive Committee Meeting Minutes wis!��mitec Monday, October 7, 2013 6:30 pm - Council Chambers Chair: Councillor McLean Elio Antunes, 506 Park Crescent, Pickering, appeared before the Committee noting his frustration with the lack of answers received on this application. He stated the main concerns were with respect to lot sizes as well as protecting the integrity of the neighbourhood. He noted there has been a consistency with,questions from the residents, without adequate responses being received on these issues. Alan Guneyler, 508 Park Crescent, Pickering, appeared before the Committee stating concerns over lot sizes, noting the removal of one or two lots would spread out the lot sizes and help to maintain the feel of the neighbourhood. He stated concerns with parking enforcement and park activity were not addressed. Deborah Bissett, 688 Hillview Crescent, Pickering, appeared before the Committee, noting her concerns with the traffic study, stating there were discrepancies as to whether or not Park Crescent and Westshore Boulevard were included, making this an inaccurate study which should not be used. She stated there are existing traffic problems on Hillcrest, Hillview, Oaklahoma and Whites and also questioned reference in the report to "Woodlands Neighbourhood", stating they are known as the "Westshore Neighbourhood". Phil Warne, 518 Cliffview Road, Pickering, appeared before the Committee, stating that a number of questions were asked at the September meeting, noting his disappointment with the lack of information received on these issues. A discussion period ensued with respect to lot size comparisons, sidewalks, burying utilities, traffic, and the lack of information going out to the public, and how the public can access the studies. Staff were requested to provide options with respect to the sidewalks as well as the burying of utilities prior to the next Council meeting. Recommendation Moved by Councillor Dickerson Seconded by Councillor Pickles 1. That Draft Plan of Subdivision Application SP-2013-01, submitted by Orchard Ridge (Pickering) G.P. Inc., on lands being Part of Lot 11, Lots 12 and 13, Plan 175, Part 1, Plan 40R-11659, to establish a residential plan of subdivision for 51 lots, a block containing a heritage lot, and a block for open space, as shown on Attachment#2 to Report PLN 21-13, and the implementing conditions of approval, as set out in Appendix I, be endorsed; 7 City 4 Joint Planning & Development and ----�-��� Executive Committee Meeting Minutes WIN Monday, October 7, 2013 6:30 pm - Council Chambers Chair: Councillor McLean 2. That Zoning By-law Amendment Application A 2/13, submitted by Orchard Ridge (Pickering) G.P. Inc., to implement the Draft Plan of Subdivision SP-2013- 01 -as outlined in Appendix II to Report PLN 21-13, be endorsed, and that staff be authorized to finalize and forward an implementing Zoning By-law Amendment to Council for enactment; and 3. Further, that Information Revision No. 19 to the City of Pickering Official Plan West Shore Neighbourhood Map (Map 12) to delete the street connections from Surf Avenue to Cliffview Road and from Downland Drive to Park Crescent, as set out in Appendix III, be approved. Carried on a Recorded Vote as Follows: Yes No Councillor Ashe Councillor Rodrigues Councillor Dickerson Councillor McLean Councillor O'Connell Councillor Pickles Mayor Ryan 2. Director, Corporate Services & City_Solicitor, Report LEG 03-13 Chieftan Development Corporation Plan of Subdivision 40M-2344 • Lots 61, 62, 113 and Blocks 165, 166 and 167, Plan 40M-1771 Final Assumption of Plan of Subdivision Recommendation Moved by Councillor Pickles Seconded by Councillor Dickerson 1. That Southcott Road and Canterbury Crescent within Plan 40M-2344 be assumed for public use; 2. That the works and services required by the Subdivision Agreement within Plan 40M-2344, Lots 61, 62, 113 and Blocks 165, 166 and 167, Plan 40M-1771, which are constructed, installed or located on lands, dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance, save and except for Block 55, Plan 40M-2344; and 8 Joint Planning & Development and Executive Committee Meeting Minutes COI' Monday, October 7, 2013 6:30 pm - Council Chambers Chair: Councillor McLean 3. That the Subdivision Agreement and any amendments thereto relating to Plan 40M-2344 be released and removed from title. Carried (VI) Part C— Executive Committee Reports 1. Director, Culture & Recreation, Report CR 11-13 Accessibility Report: 2012 Achievements Recommendation • Moved by Councillor Pickles Seconded by Councillor Dickerson That Report CR 11-13 regarding the "City of Pickering Five Year Accessibility Plan (2012-2016); Report on 2012 Achievements" be received for information. Carried 2. Director, Engineering & Public Works, Report ENG 01-13 Eurasian Water-Milfoil Weed — Frenchman's Bay • Discussion period ensued. Councillor O'Connell posed various questions with respect to the funds allocated in the budget, what other agencies had committed and how much they had raised, who was releasing the funds and to whom. She requested staff provide further clarification on these matters, and questioned practices in place to protect the City should other agencies disband, where would the funds go. Recommendation Moved by Councillor Pickles Seconded by Councillor Dickerson 1. That Report ENG 01-13 of the Director, Engineering & Public Works regarding Eurasian Water-Milfoil Weed'on Frenchman's Bay be received for information; 2. That staff be directed to include funding requests during the preparation of the 2014 to 2016 budgets for continued support for this initiative; and 3. That staff report back to Council annually regarding the status of the Milfoil weed presence in Frenchman's Bay. 9 citq L4 Joint Planning & Development and Executive Committee Meeting Minutes Monday, October 7, 2013 6:30 pm - Council Chambers Chair: Councillor McLean Carried • 3. Director, Engineering & Public Works, Report ENG 13-13 Tender for Removal and Replacement of a Pedestrian Bridge in Kinsmen Park -Tender No. T-22-2013 Recommendation • Moved by Councillor Pickles Seconded by Councillor Dickerson 1. That Report ENG 13-13 of the Director, Engineering & Public Works regarding Tender No. T-22-2013 for the Removal and Replacement of a Pedestrian Bridge in Kinsmen Park be received; 2. That Tender No. T-22-2013 as submitted by McPherson-Andrews Contracting Limited in the total tendered amount of$65,490.28 (HST included) be accepted; 3. That the total gross project cost of$76,246.00 (HST included), including the tender amount and other associated costs and the total net project cost of $68,662.00 (net of HST rebate) be approved; 4. That Council authorize the Division Head, Finance &Treasurer to fund the project as follows: a. The sum of$46,000.00 as approved in the 2013 Parks Capital Budget from property taxes; b. The additional sum of$22,662.00 from property taxes through savings in the Beechlawn Park Walkway and Lighting project; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. Carried 4. Director, Corporate Services & City Solicitor, Report FIN 21-13 Section 357/358 of the Municipal Act—Adiustment to Taxes Recommendation Moved by Councillor Pickles Seconded by Councillor Dickerson 10 cifr,°o ti Joint Planning & Development and Executive Committee Meeting Minutes Oa-MIX Monday, October 7, 2013 6:30 pm - Council Chambers Chair: Councillor McLean 1. That Report FIN 21-13 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 (VII)Other Business 1) Councillor Pickles requested staff look into relocating the detour signs for the Finch Avenue West closure. He noted concerns with traffic flow, as traffic is diverting onto Royal Road. 2) Councillor McLean requested staff look into the lack of communications received from York Region with respect to notification in regards to the Finch Avenue West closure. (VIII) Adjournment The meeting adjourned at 11:15 pm. 11 Cali • PICKERING • October 28, 2013 Delegations 1. Audrey Andrews Manager, Local Diversity and Immigration Partnership Council Region of Durham Re: 2012 Highlights of the Local Diversity and Immigration Partnership • Council and Community Report Card • • 26 Calf o0 PICKERING October 28, 2013 Correspondence Pages 1. Corr. 22-13 Council Direction Required Dennis Purcell, DRC Chair 28-30 Bancroft& Hastings Highlands Disaster Relief Committee Hastings Highlands Municipal Office • 33011 Hwy 62 North Maynooth, ON KOL 2S0 Correspondence received from Dennis Purcell, DRC Chair, Bancroft and Hastings Disaster Relief Committee, seeking financial support as a result of severe infrastructure damage caused by flooding in April, 2013. 2. Corr. 23-13 Council Direction Required Joanne L. McMillin, City Clerk 31 City of Kenora One Main Street South Kenora, ON P9N 3X2 Correspondence received from Joanne McMillin, City Clerk, City of Kenora, seeking support for a recommendation passed on September 17, 2013 to request a Provincial ban on the use and sale of flying lantern devices. 3. Corr. 24-13 Council Direction Required Arnold Mostert 32-33 Sr. Coordinator, Landscape & Parks Development City of Pickering . Correspondence received from Arnold Mostert, City of Pickering on behalf of the Waterfront Coordinating Committee, seeking Council endorsement of a letter to Toronto and Region Conservation Authority requesting they take action with respect to restoration of the wetlands at the north end of Frenchmans'Bay. i . 27 C_ORQ . Od -l3 Bancroft & Hastings Highlands Disaster Relief Committee Hastings Highlands Municipal Office /41-61H 33011 Hwy 62 North, Maynooth, On KOL 2S0 �. :_ <i HIGHLANDS' u3 `r ORIGINALTO: Arnig— GOFY TO. MIN September 2013 a 7 CORR. FILE = "IP-APR,ACTION Dear Council Head and Members of Council Ccu G, ,rec ,v) e ,�;r cc� \J) On May 16,2013,the Minister of Municipal Affairs and Housing, in response to local council motions, declared the Town of Bancroft and the Municipality of Hastings Highlands as disaster areas for the purpose of the Ontario Disaster Relief Assistance Program (ODRAP) The Town of Bancroft and the Municipality of Hastings Highlands experienced flood conditions during the last weekend of April,caused by heavy rain falls in addition to the spring thaw: This flood led to severe infrastructure damage to homes and small businesses, as well as the temporary closure of schools and businesses in both municipalities. A Disaster Relief Committee has been appointed in accordance with the requirements of ODRAP in order to coordinate both fund-raising efforts and to adjudicate claims from private residents,farmers and small businesses that were impacted by the flood. The Committee has set a financial goal of$87,500 and is making measurable gains towards meeting it by the fundraising campaign deadline of October 31,2013. This$87,500 goal was established following preliminary assessments by the Provincial Disaster Assessment Team. Under ODRAP,the province will top up funds raised to the amount that is needed to pay eligible claims-at 90 per cent up to a maximum of $2:$1 ratio. Claims for financial support will continue to be submitted until August 30,2013. The Bancroft and Hastings Highlands area is predominately rural in nature and is not densely populated. For that reason,we know that the$87,500 goal is a challenging one but we are working extremely hard towards that end and are confident we can reach it. Our fundraising campaign began less than a month ago and early results are encouraging. For your information, I am enclosing a copy of our brochure which is a living document and will evolve as events are completed and new initiatives roll out. On behalf of the Bancroft and Hastings Highlands Disaster Relief Committee, I am asking municipal councils across the province to support our fundraising efforts by making a donation to this worthy cause. Contributions in any amount will be gratefully received. Cheques should be made out to Bancroft and Hastings Highlands Disaster Relief Committee and mailed to the Municipality of Hastings Highlands at 33011 Highway 62 N, PO Box 130._Maynooth.ON KOL 2S0. Yours truly .ffe)2i2M Dennis Purcell DRC Chair 28 • .� -, '�N REQUEST FOR SUPPORT PRODUCT SALES ✓�,� _._•- — ; The Bancroft and Hastin s Hi b]ands Disaster Two styles oft °T lfi� H ;r _d"'' Hastings g tY i „ N�r, r. I� rJ• i , -.1 Relief Committee is r+,4.I}" 4 shirts are. a Sri p ,�ark �` � � II s �, , I #� r appealing to businesses, available for "I' f ,,„,,%,... 4 , .,, �l '��r t! ' a lit 1. /a municipalities,and ,�Ktt,�'�d(' .^I . V ` '''��� 1= t"�j'... . �11 ''vd p $20 at the At ti I{t+ v f - h ,. ,._ ,, community organizations Hastings v,W w Cr' '' „4�f`. I 4' . ' 'ra to provide financial Highlands . ,!h r r ,,r f + ,,'I"., j 74, �: assistance in support of Public Library. "'�'„ -- l ----,' 2013 flood victims. The These use images created by local artists Argyle mss,; hi; needs in our region Roosman and Ren Lonechild. continue to be on-going Oand substantial. O ED ROBERTSON CONCERT, • Disaster Relief COMMUNITY EFFORTS Ed Robertson of Barenaked Ladies will be joined by Mary Milne,at The Bancroft and Hastings Highlands Many fundraising efforts have occurred and ( the Village•Disaster-Relief Committee has been together the community has raised over$11,000 •' l r 5;' i Playhouse in established-to respond to community for flood victims in our region. c tr.':i a,.j Bancroft for a need after severe flooding in April '* concert in support Notable donations include$5000 from the of flood relief,on caused significant damage in Bancroft i,, and Hastings Highlands. ' .. Insurance Bureau of Canada;$500 from the I ;y,, September 27, • Bancroft&Area Community Policing Advisory- This is a joint effort between The Town • 4,„ 2013. Tickets for • of Bancroft and The Munici ali Committee;and$300 from the Papineau Lake P ty • this concert have sold out and the committee is Hastings Highlands which has been Community Association. actively seeking in-kind gifts to support a silent . • • appointed in accordance with the The financial needs in Bancroft and Hastings auction. Donations of products and services are Ministry of Municipal Housing and being received b Affairs. Highlands,however,continue to be greater than g ' by the Municipality of Hastings the funds raised. Highlands. Following an assessment by the Ministry of Municipal Housing and • Tax receipts are available upon request. - Affairs,the Bancroft and Hastings Highlands Disaster Relief Committee has i; set a financial goal of$87 500 which we ,,t, ' �,', ,D are seeking to raise by October 31,2013. 1n1'1i1 4 1M`^'I * '.',� The province tops up private funds + w' -•.r r;,,; `.'ri., • raised to the amount that is needed to • `'l -- pay eligible claims at 90 per cent,up to a IIAC' r� maximum of$2:$1 ratio. ¢ c',, tr., —Photo credits : Diane Hannah . - 0) . N • O :0 CLAIMS APPROVALS MAKE A DONATION Applications for funding assistance:have been avail- Bancroft & able,over the course of the summer, through the } Donations are eligible for a tax receipt,issued •' Ontario Disaster Assistance Relief Program H aS LIngS• by the Municipality of Hastings Highlands. (ODRAP). u �J y�(� Applicants were able to acquire these forms,in per- y y lb �all" S •• I would like to make a donation: son and on-line, from both municipal offices.The Disaster Relief deadline to submit applications was August 30, 20$ 50$ $100 Other • 2013. . Multiple applications,from both municipalities,have .1, '•! • Name: 4n�, ".,,,n"-1, , been adjudicated and multiple approvals for advance Eat - .-,r ,' .� • funding have occurred, _. ,y I Address n f �` i ' .�'I ,0a This advance funding is critical for residents,who '- , fl. continue to live with the consequences of the flood Vi' c'; f w.w,.0,•,: } • today. • 'i Telephone# Bancroft and Hastings Highlands Disaster Relief Committee Email: Municipality of Hastings ' Highlands 33011 Hwy 62 N Date: • P.O.Box 130,Maynooth,ON u' + ;;;d. �+� KOL 2S0 ant" al at . . Please make cheque payable to the Bancroft& � �» — Hastings Highlands Disaster Relief Committee • : J+ ."!It'' ..'; '-I;•, _ .f.i;:_ x !7.9. . i" and send to the Municipality of Hastings ., • • Highlands. ' '!i 4: 1' 0 I require a tax receipt. "--'! l Thank you for your support! ' + ' '.,�„ Trm • �T tf �v nip c use d ale. da DISASTER RELILF 2013 �. rt • ,gnu•..III) ,f i i,l[I,..rif„ - I11, 1r0„•;i , . it—._._.-.. —_ • • Co 9--R . ot3-I3 • • • CITY OF KENOR.A I(ENORA Office of the Clerk One Main Street South • Kenos,ON P9N 3X2 city Hail:807467-2000 • vax:807-467-2009 • E-mail:iinonillin cal kenoraca w wrwa.kenora.ca '.18 Septnber7 al 3 • The Honourable K.Wynne,Premier of Ontario . Kathleen Wynne,Premier Legislative Building,Queen's Park Toronto ON M7A 1A1 Dear Premier Wynne: • • • RE: Provincial Ban of Flying Lanterns - This is to advise of the following self-explanatory resolution adopted by the Council of the City of Kenora at its meeting held September 17, 2 013 with respect to the above-noted: "That Council of the City of Kenora hereby petitions the Provincial Government to have flying lantern devices banned from use and sale in the Province of Ontario;and That Council of the City of Kenora circulates a copy of this resolution to all Ontario Municipalities for endorsement and's-upport and further • That the City of Kenora Fire and Emergency Services initiate enforcement action when the identity of the owner of the device can be determined, through appropriate sections of the Ontario Fire Code." • On behalf of City Council,we trust favourable consideration will be given to this tter,and look forward.to your early and favourable response. • • rs ■-..y T • • A • . .e .:c�., -� -C .. CLERK. . • . . rf • • Hon.D.Orazietti,Minister of Natural Resources Ron.M.Meilleur,Community Safety&Correctional Services -. S.Campbell,MPP;Remora-Rainy River • Chief W.-Brinkrnan,Manager of Fire&Emergency Services Ontario Municipalities • 31 3#fir_.. Memo ritSAME a 9-- • To: Debbie Shields October 23, 2013 City Clerk From: Arnold Mostert - Sr. Coordinator, Landscape & Parks Development Copy: Subject: - Waterfront Coordinating Committee - Re: Frenchman's Bay - File: A-1410 At the June 20, 2013 meeting of the Waterfront Coordinating Committee, the following motion was passed: That the Council of the Corporation of the City of Pickering support the Waterfront Coordinating Committee's request for the Toronto and Region Conservation Authority (TRCA) to take another look at restoring the wetlands in the north end of Frenchman's Bay. Please find attached a copy of the proposed letter for Council endorsement, to be forwarded to Toronto and Region Conservation Authority with respect to the above. /Ir 32 I' • l (';tq 00. _ Pickering Civic Complex . . One The Esplanade Ilt y►j � Pickering,ON L1V 6K7 Direct 905.420.4660 6.683.276D Toll Free 1.86 DICKERING pickering.ca Corporate Services Department Legislative Services Division T. 905.420.4611 - TTY. 905:420.1739. F. 905.420.9685 Email clerks @pickering.ca October 23,2013 Gerri Lynn O'Connor, Chair • Toronto and Region Conservation Authority . 5 Shoreham Drive Downsview, ON ,M3N 1S4 Subject: Restoration of Wetlands at the North End of Frenchman's Bay The City of Pickering Waterfront Coordinating Committee would like to request that the. Toronto and Region Conservation Authority look into the restoration of the wetlands at the north end of Frenchman's Bay. The committee recognizes the importance of the . .wetlands-and the ecological benefits that it provides the bay and has put forward a . motion, supported by the City of Pickering Council regarding this request: The continuing loss of wetlands and water quality at the north end of Frenchman's`Bay has been and still is a major concern. Although proposals have been made to rectify the problem through the Frenchman's Bay Stormwater.Management Master Plan and Amberlea Creek Erosion Control Environmental Assessment, more needs to be done. Action must be taken to restore this valuable and unique natural resource, before Pickering loses one of the most important features of Frenchman's Bay. The,committee understands that the TRCA have completed other wetland restoration projects and have witnessed the dramatic improvement in water quality, while providing .habitat for fish, waterfowl and animals: We feel that the restoration of wetlands at the north end of Frenchman's Bay would reap the same benefits and provide for a healthier and more vibrant bay:. . Please consider including this work in your project forecast. Yours truly. A. Mostert Sr..Coordinator-Landscape & Parks Development 33 • City a� l'AC-Trr 5-41:M1-11. 1 PICKERING October 28, 2013 COMMITTEE REPORTS a) Joint Report JT 2013-08 of the Joint Planning& Development and Executive Committee Pages 1. Director, City Development, Report PLN 21-13 31-74 Draft Plan of Subdivision SP-2013-01 Zoning By-law Amendment Application A 2/13 Orchard Ridge (Pickering) G.P. Inc. Part of Lot 11, Lots 12 and 13, Plan 175, Part 1, Plan 40R-11659 (560 Park Crescent) Recommendation • 1. That Draft Plan of Subdivision Application SP-2013-01, submitted by Orchard Ridge (Pickering) G.P. Inc., on lands being Part of Lot 11, Lots 12 and 13, Plan 175, Part 1, Plan 40R-11659, to establish a residential plan of subdivision for 51 lots, a block containing a heritage lot, and a block for open space, as shown on Attachment#2 to Report PLN 21-13, and the implementing conditions of approval, as set out in Appendix 1, be endorsed; 2. That Zoning By-law Amendment Application A 2/13, submitted by Orchard Ridge (Pickering) G.P. Inc., to implement the Draft Plan of Subdivision SP- 2013-01 as outlined in Appendix II to Report PLN 21-13, be endorsed, and that staff be authorized to finalize and forward an implementing Zoning By-law Amendment to Council for enactment; and 3. Further, that Information Revision No. 19 to the City of Pickering Official Plan ty g West Shore Neighbourhood Map (Map 12),to delete the street connections from Surf Avenue to Cliffview Road and from Downland Drive to Park Crescent, asset out in Appendix III, be approved. 2. Director, Corporate Services &City Solicitor, Report LEG 03-13 75-78 Chieftan Development Corporation • Plan of Subdivision 40M-2344 Lots 61, 62, 113 and Blocks 165, 166 and 167, Plan 40M-1771 Final Assumption of Plan of Subdivision . Recommendation • 34 1 1. That Southcott Road and Canterbury Crescent within Plan 40M-2344 be assumed for public use; 2. That the works and services required by the Subdivision Agreement within Plan 40M-2344, Lots 61, 62, 113 and Blocks 165, 166 and 167, Plan 40M- 1771, which are constructed, installed or located on lands, dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance, save and except for Block 55, Plan 40M-2344; and 3. That the Subdivision Agreement and any amendments thereto relating to Plan 40M-2344 be released and removed from title. Part"B" Executive Committee Reports 1. Director, Culture & Recreation, Report CR 11-13 79-94 Accessibility Report: 2012 Achievements Recommendation • • That Report CR 11-13 regarding the "City of Pickering Five Year Accessibility Plan (2012-2016); Report on 2012 Achievements" be received for information. 2. Director, Engineering & Public Works, Report ENG 01-13 95-119 Eurasian Water-Milfoil Weed —Frenchman's Bay Recommendation • 1. That Report ENG 01-13 of the Director, Engineering &Public Works regarding Eurasian Water-Milfoil Weed on Frenchman's Bay be received for information; 2. That staff be directed to include funding requests during the preparation of the 2014 to 2016 budgets for continued support for this initiative; and 3.. That staff report back to Council annually regarding the status of the Milfoil weed presence in Frenchman's Bay. • 3. Director, Engineering & Public Works, Report ENG 13-13 120-127 Tender for Removal and Replacement of a Pedestrian Bridge in Kinsmen Park -Tender No. T-22-2013 Recommendation i - 35 1. That Report ENG 13-13 of the Director, Engineering'& Public Works regarding Tender No. T-22-2013 for the Removal and Replacement of a Pedestrian Bridge in Kinsmen Park be received; 2. That Tender No. T-22-2013 as submitted by McPherson-Andrews Contracting • Limited in the total tendered amount of$65,490.28 (HST included) be accepted; 3. That the total gross project cost of$76,246.00 (HST included), including the tender amount and other associated costs and the total net project cost of $68,662.00 (net of HST rebate) be approved; 4. V That Council authorize the Division Head, Finance &Treasurer to fund the project as follows: a. The sum of$46,000.00 as approved in the 2013 Parks Capital Budget from property taxes; V b. The additional.sum of$22,662.00 from property taxes through savings in the Beechlawn Park Walkway and Lighting project; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. 4. Director, Corporate Services & City Solicitor, Report FIN 21-13 128-130 Section 357/358 of the Municipal Act—Adjustment to Taxes Recommendation 1. That Report FIN 21-13 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. • 36 C;ts 00 October 28, 2013 --- PICKERING • NEW AND UNFINISHED BUSINESS PAGES 1. Director, Engineering & Public Works,Report ENG 14-13 39-65 Noise Attenuation Wall— Bayly Street Recommendation 1. That Report ENG-14-13 from the Director, Engineering & Public Works regarding the construction of a Noise Attenuation Wall on Bayly Street be received; 2. That the Mayor and Clerk be'authorized to execute an Encroachment Agreement with the Regional Municipality of Durham to address liability and maintenance responsibilities of the noise attenuation wall located on the Bayly Street road allowance, substantially in the form of Attachment#1, subject to such minor revisions as are satisfactory to the Director, Engineering & Public Works, and the Director, Corporate Services & City Solicitor; 3. That the Mayor and Clerk be authorized to execute an Agreement with the Ministry of Transportation Ontario for the cost-sharing of the construction of the noise attenuation wall, substantially in the form of Attachment#2, subject to such minor revisions as are satisfactory to the Director, Engineering & Public Works and the Director, Corporate Services & City Solicitor; and 4. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. 2. 'Director, Engineering & Public Works, Report PW 06-13 . 66-70 Seniors and Persons with Disabilities Snow Clearing Program Recommendation 1. That Report PW 06-13 from the Director, Engineering & Public Works . regarding the Seniors and Persons with Disabilities Snow Clearing Program be received; • 2. That Council approve an exemption to Purchasing Policy—09.03—Single Source item (d), which states: "the extension or reinstatement of an existing contract would prove most cost effective or beneficial. The extension shall not exceed one year."This will allow an additional one year extension to Gray's Landscaping and Snow Removal, to provide snow removal for seniors 37 and persons with disabilities, for the period of November 1, 2013 to April 30, 2014; 3. That Council support the expansion of the program from 300 to 350 participants and adjust the boundary to make Taunton Road the northern most limit in order to include the new Duffin Heights neighbourhood for the 2013/2014 winter season; 4. That Council authorize staff to prepare a report on future expansion of the program for the 2014/2015 winter season to include Hamlets, north of Taunton Road; and 5. That the appropriate City of Pickering officials be authorized to take the necessary action in order to give effect thereto. • 3. Chief Administrative Officers Report, Report CAO 05-13 71-99 . Seaton — Financial Impacts Agreement Recommendation 1. That Report CAO 05-13 respecting the Financial Impacts Agreement for the Seaton Development Area be received; 2. That a Financial Impacts Agreement substantially in the form included in this report as Attachment 1, be entered into by the City subject to such minor revisions as are satisfactory to the Chief Administrative Officer, the Director, Corporate Services & City Solicitor, the Director, City Development, and the Director, Engineering & Public Works; 3. That the said Financial Impacts Agreement be executed by the Mayor and City Clerk; and • 4. That the appropriate City officials be authorized to take the actions necessary to implement these recommendations. • • 38 C'y Report to _ _'= == Council Inc ERI G Report Number: ENG 14-13 Date: October 28, 2013 From: Richard W. Holborn Director, Engineering & Public Works • Subject: Noise Attenuation Wall— Bayly Street - File: A-1440 Recommendation: 1. That Report ENG-14-13 from the Director, Engineering & Public Works regarding the construction of a Noise Attenuation Wall on Bayly Street be received; 2. That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the Regional Municipality of Durham to address liability and maintenance responsibilities of the noise attenuation wall located on the Bayly Street road allowance, substantially in the form of Attachment#1, subject to such minor revisions as are satisfactory to the Director, Engineering & Public Works, and the Director, Corporate Services&City Solicitor; 3. That the Mayor and Clerk be authorized to execute an Agreement with the Ministry of Transportation Ontario for the cost-sharing of the construction of the noise attenuation wall, substantially in the form of Attachment#2, subject to such minor revisions as are satisfactory to the Director, Engineering & Public Works and the Director, Corporate Services & City Solicitor; and 4. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. Executive Summary: The residents of Marinet Crescent have been requesting appropriate measures to address noise, which is a result of the widening of Bayly Street by the Region of Durham, widening of Highway 401 by the Province of Ontario, and noise and vibrations associated with the VIA/GO line all running parallel to the rear of their properties. After Council passed Resolution #173/04 in December 2004 requesting a review of this matter, discussions took place between the City, the Region and the Ministry of Transportation. Noise testing was carried out and has confirmed the level of noise is in excess of acceptable standards, however, funding for the project was not available. The Ministry of Transportation Ontario has received funding and is now ready to proceed with the construction of the noise attenuation wall this year. In order for the project to proceed, the City must enter into an encroachment agreement with the Region of Durham to address liability and future maintenance responsibilities and a cost-sharing agreement with the Ministry of Transportation Ontario to address our financial contribution to the project. 39 Report ENG 14-13 October 28, 2013 Subject: Noise Attenuation Wall — Bayly Street Page 2 • Financial Implications: In 201,1, Council approved $100,000 in the Roads Capital Budget for the City's contribution of the cost sharing for this approximately $1,000,000 project. Future maintenance costs associated with the noise attenuation wall will be addressed in future years' current budgets. The Ministry of Transportation has recently tendered the project and is prepared to award the tender. The City must enter into a cost-sharing agreement with the Ministry of Transportation as a mechanism to flow our agreed upon cost-sharing amount of $100,000 to them. Discussion: • As far back as December 2004, when Council passed Resolution #173/04, it has been recognized that the residents of Marinet Crescent have been requesting appropriate measures to address noise which is a result of the widening of Bayly Street by the Region of Durham, widening of Highway 401 by the Province of Ontario, and the noise and vibrations associated with the VIA/GO line all running parallel to the rear of their properties. Noise testing and a technical feasibility study were carried out in 2005 and confirmed the level of noise is in excess of acceptable standards. The Ministry of Transportation Ontario is now ready to proceed with the construction of the noise attenuation wall this year, as funding has been made available. A Public Information Centre for this project was held at the Pickering Civic Complex on Wednesday, June 19, 2013. The preferred alignment of the noise wall along the south side of the sidewalk on Bayly Street was presented to the residents of Marinet Crescent. , the'In 2006 Province a tri-party O of ntario and agreement the was City to of have Pickering taken to place each pay between a portion the Region of the of total Durham costs to construct a noise attenuation wall along the rear lots of all homes on Marinet Crescent that abut Bayly Street. The City passed Resolution #21/11 in February 2011 advising the province that Pickering will budget$100,000 towards the project and requesting the Region of Durham to assume responsibility for the maintenance costs associated with the wall. The Region does not currently have a guideline or policy that addresses the installation or long term maintenance of retrofit noise attenuation barriers abutting a Regional Road right-of-way. Since the Region's inception, the Region has not maintained or replaced rear lot fencing along Regional Road corridors. Therefore, the Region has advised that responsibilities associated with the construction, maintenance and liability of the retrofit noise attenuation wall, are with the local municipality. Since the Region of Durham does not assume any responsibility related to the installation and maintenance of the retrofit noise attenuation wall, an encroachment agreement will be required to permit the placement of the noise wall within the Regional right-of-way on Bayly Street. The Region has provided approval for the noise attenuation wall to be constructed, subject to the City entering into an encroachment agreement. The City will be responsible for the maintenance of the wall upon completion of the construction. 40 Report ENG 14-13 October 28, 2013 Subject: Noise Attenuation Wall—Bayly Street Page. 3 The City must also enter into an agreement with Ministry of Transportation Ontario for cost-sharing for detail design, tendering and construction of the noise attenuation wall. The City will have to cost-share on this project in the amount of$100,000 from funds approved in the 2011 Roads Capital budget project 5320.1121. The project will be financed through a five year internal loan. The Engineering & Public Works Department recommends that Council authorize the Mayor and Clerk to enter into an agreement with the Ministry of Transportation Ontario for the cost-sharing for the construction of the noise attenuation wall on Bayly Street. Staff also recommends that Council authorize the Mayor and Clerk to enter into an Encroachment Agreement with the Regional Municipality of Durham for the maintenance of the noise attenuation wall on Bayly Street. Attachments: 1. Encroachment Agreement with the Regional Municipality of Durham 2. Agreement with Her Majesty The Queen in Right of the Province of Ontario, as Represented by the Minister of Transportation for the Province of O ntario 3. City of Pickering Resolution#173/04 4. City of Pickering Resolution # 21/11 Prepared By: Approved/Endorsed By: 1 Darrell Selsky, C , C � III / Richdrd Holbor , P. Eng. Manager, Capital Projects & Infr_structure Djector, Engineering & Public Works rt Stan Karwowski, MB - Division Head, Finance &Treasurer DS:ds Recommended for the consideration of Pickering City Council a. ":A/A,Vegi 0417 2/, 2p/3 Tony Prevedel, P.Eng. Chief Administrative Officer 41 =:T ctLim N-T# TOREPORT# EN& I4-13 I Gi 14 ' September 9,2013 RECEIVED DURHAM SEP 13 7313 REGION Stil- CfrY OF City Pickering ENGINEERING SERVICES Ci of Pick - One The Esplanade The Regional Pickering,ON Muruaipardp L1V 6K7 ' of Durham worfa Department Attention:. Darrell Selsky ' 605 RossLAND RD.E Re: Encroachment Agreement between the City of Pickering P.O.BOX 623 wHrrBv ON u N 6A3 And the Regional Municipality of Durham CANADA Noise Attenuation Barrier—Bayly Street,(RR#22),Pickering 905-668-7711 1-800-372-1102 Our File: ENC22-11 Fax 905-668-2051 Email:wor'ks@durham.ca Enclosed please find four(4)copies of the above noted Encroachment www.durham.ca Agreement to be signed by the City of Pickering. Please return all four(4) - C rig MBA copies to the undersigned. Once signed by the Regional Municipality of Commissioner of walk, Durham a fully executed copy will be returned to your office. If you have any questions or concerns,please do not hesitate to call. Thank you, • r Catherine Stobbart Real Estate Division Encl. Jcs "S •caftacellence fo�a52a -Ssiaomes" - 10096 Post Consumer 42 :ITACH11 E1 4# __ TO REPORT# Er-V3014-I3 THIS ENCROACHMENT AGREEMENT made this 30th day of August,2013. BETWEEN: THE CITY OF PICKERING (the"City of Pickering") -and- THE REGIONAL MUNICIPALITY OF DURHAM (the"Region") WHEREAS the Region has jurisdiction of Bayly Street(Regional Road 22)(the "Road Allowance"). AND WHEREAS the City of Pickering intends to construct a noise attenuation barrier which will encroach on the Road Allowance at the location in the manner as shown on the attached Schedule"A"(the"Encroachment"); AND WHEREAS the City of Pickering will be solely responsible for all costs, present and future,associated with the design,construction,repairs and maintenance of the Encroachment on the Road Allowance and the adjoining Boulevard as depicted in Schedule"A"(the"Boulevard"),and the construction and maintenance of the • Encroachment and Boulevard shall be without cost to the Region.; AND WHEREAS Regional Council has authorized the execution of an encroachment agreement with the City of Pickering; NOW THEREFORE THIS AGREEMENT WITNESSES the parties agree as •follows: - • . 1. The Region grants to the City of Pickering permission to maintain the Encroachment provided the City of Pickering is not in default of any of its obligations under this Agreement. • 2. The parties acknowledge and agree that upon the removal or destruction of the Encroachment,the permission hereby granted and this Agreement will automatically terminate and be of no further force or effect. 3. Nothing contained in this Agreement shall be construed as giving the City of Pickering anything more than permission to maintain the Encroachment and the Boulevard. 4. The City of Pickering shall at all times fully indemnify and save harmless the 43 3 ril4. • 2 Region against all actions,suits,claims and demands whatsoever that may be • • brought against or made upon the Region and from and against all loss,costs, damages,charges and expenses whatsoever that may be incurred,sustained or paid by the Region for or by reason of or on account of the permission.hereby granted to the City of Pickering or the maintenance of the Encroachment. The . City of Pickering shall maintain the Encroachment(noise wall)and also be responsible for the maintenance of the Boulevard between the back-of curb and the residential property line for the entire length of the Encroachment(noise wall),including maintenance of the ditch and ditch inlet catchbasins.The City of Pickering shall deal with and defend,at its own expense,all actions,suits,claims and demands which may give rise to any loss indemnified hereby by any person claiming to be entitled to any monies from the Region,and the Region agrees that it shall not unilaterally settle any such actions,suits,claims or demands without the consent of the City of Pickering. The Region shall give the City of Pickering.noti ce of any action,suit,claim or demand which comes to its attention and shall cooperate with the City of Pickering in any matters that are reasonably necessary to the proper dealing with or defence of any such action,suit,claim or demand. 5. The City of Pickering agrees to take out and keep in force during the term of this Agreement a policy of Comprehensive General Liability insurance acceptable to the Region providing coverage in respect of any one incident pertaining to the Encroachment to the limit of at least Five Million Dollars($5,000,000.00) exclusive of interest and costs,against personal injury or loss or damage to property and that such policy will name the Region as additional named insured • thereunder and will protect the Region against all claims or damage or injury, including death to any person or persons,or damages to any property of the Region or any other public or private property resulting from or arising out of any act or omission on the part of the City of Pickering,their servants or agents and • • persons permitted thereon by the Owner and to forward evidence of such coverage to the Region upon request. Such insurance policy shall contain provisions for cross liability and severability of interest and further that the policy will not be changed or amended in any way or cancelled until 45 days after written notice of such change or cancellation shall have been given to the Region. 6. The City,of Pickering shall pay to the Region any costs associated with maintaining,repairing,relocating or reconstructing the Road Allowance that are attributable,in the sole opinion of the Region,to the existence of the• 44 ; 1`�Fk -tt t- J..IOrEFORT# ENfn,it -i3 �{ of! -3- Encroachment. The City of Pickering shall not maintain any action or assert any claim against the Region for any damage to any part of the Encroachment that may result from the maintenance, repair,relocation or reconstruction of the Road Allowance. • 7. Where,in the opinion of the Commissioner of Works of the Region,it is necessary to remove or alter the Encroachment or any part thereof,the City of Pickering shall,at its own expense,and to the satisfaction of the Commissioner • of Works,alter or remove the Encroachment or any p art thereof from the Road Allowance,-and restore the affected area upon receiving notice in writing from the Commissioner of Works to do so,without being entitled to any compensation • whatsoever for such alteration or removal and restoration. If the City of Pickering • neglects,refuses or fails to do so within 30 days of receiving the aforesaid notice to after or remove,then the Region may remove or alter the Encroachment or parts thereof specified in the notice from the Road Allowance and restore same to a safe and proper condition as determined by the Commissioner of Works at the expense of the City of Pickering and the Region may recover such costs from the City of Pickering in a like manner as taxes. 8. The City of Pickering agrees that for the purpose of this agreement,notice may be given to the City of Pickering by mailing the same,by prepaid registered mail, addressed to the City of Pickering at its address as last known and to the Commissioner of Works.Such notice shall be deemed to have been received by the Owner five(5)days following the date when it was mailed. • 9.. Upon removal of the Encroachment,the City of Pickering shall be entitled to a full release from the Region of all obligations under this Agreement. 10. The burden of this Agreement and of all the covenants herein contained shall be binding upon and enure to the benefit of the parties hereto and their respective heirs,executors,administrators,successors and assigns. - 11. The City of Pickering acknowledges and agrees to bear full legal and registration costs associated with the registration of this Agreement against title to the Property if required. - 12. 'This Agreement shall read with all changes in number and gender as may be appropriate or required by the context. • 45 • :..£} rEPOR#()% I4—i3 S t!' • 4 13. Any reference in this Agreement to the Region and/or the City of Pickering • includes the employees and/or duly authorized representatives and agents of the respective parties to this Agreement. • 14. It is agreed that this Agreement,including attached schedules,and recitals are legally binding upon the parties to.the Agreement and embodies the entire agreement of the parties with regard to the matters dealt with in it,and that no understandings or agreements,verbal or otherwise,exist between the parties except as expressly set out herein. IN WITNESS WHEREOF the parties have affixed their corporate seals,attested by the hand of its duly authorized officers. . THE CITY OF PICKERING • • Dave Ryan,Mayor • (c/s) • Debbie Shields,Clerk THE REGIONAL MUNICIPALITY OF DURHAM • Roger Anderson,Regional Chair&CEO • (c/s) • • D.Bowen,Regional Clerk • • • • • • 46 • CONTRACT •DRAWINGS a> CONTRACT NO. 2013-2028 . BOOK 1 OF 1 T. z -rr co • CE\ TRAL REGION y a ^E. io -n m • • ITT .o s • • • Ministry of Transportation �� Ontario • i� -1 • w • INDEX • - W.P. No, 2326-10-00 Contract No. 2013-2028 • Sheet Sheet • • No. Description - No. Description • • COVER SHEET. TITLE SHEET/KEY PLAN INDEX ,Jl 'CONTRACT DRAWINGS 01 REMOVALS n 02-04 NEW CONSTRUCTION (7T 00-OS MISCELLANEOUS DETAILS • • • V �M QUANTITY SHEETS 01 EARTH EXCAVATION(GRACING) ,ry, M d 02-03 MISCELLANEOUS 1 • . Q ro ro • , • • • • • • • • REGIONAL MUNICIPALITY OF DURHAM • . CITY OF PICKERING I / r� WP No 2326-10-00 cvnlrael No 2013-2028 Work of NOISE WALL BARRIER 0MPN0 I 7,./..%-. it / /4 0 / \ - ,/ /`�( Hey No NiA Olelrlvt No CENTRAL Af., // 0Q I...a, BAYLY STREET,PICHERING - J.I. SOUTH OF 401,EAST OF WHITES ROAD .:.3." ��• e �O% Station 101 000.000 to 10+382.000 S'7 ______,_--,,,,,,-0,.NNUR. B�2 �•'�/'/ Length 0.4 km. 4. Qp Reference Pion. B—PIani13 —401-36208 O.0 1,..w t ao -1•4 o`` / ,T'. h 0 —I•/' b Dale. Manager,Engineering P.Eng. it a� rt i z it ' KEY .MAP P.Eng. w N.T.S. -Dote Regional Olnetor E . Y Ministry of Transportation tx'Ontario 4t• . • 1 . ..._ .. _. .... .. . . _. . .... .. , 1 ATTACHMENT# _ ! ._. TO RFPORT# E.N(A /14--)3 , . 0 L .- xi', ° , • , • ?, • . . . g 0 'III .A' . t • l i t 6. . o. o, • N.' 'i it, - • III 1 . c, ,Eg i ; l• . 1 '' ER i . .: . Q 2 10+150."'"II fl N? , .g. I-° .;■ '1'5 I I 1 1 g I 1 0 LT, ' 11 IB I II -Il I II . *. .. 1 l \ 1 , 0 I 1 11 • 1 1 ; . E II II • 11 I\ 1 1 . L 1g , . 1 M 11 1 • • '1, 11 li '1 • 11 ,.I I 11 . • I Pi. 1 IL II\ 11 . li I IJZ1 11 1 IIS it It i pt It i ' I I Il i i It 1 1 N\ I fil 1/ . P • .1. ib 'q' cy 1 1 , ' 10+1013'11 :I ii • ;-c.' .,a`i.\'4 tr 41! . 0 0;,' - Iti I. . \t ,. 1 . • >_io r,ff, . • i 1 II • ,,i 0, go 41(i Pi i, 1 . I I ; ' . 1 4111 , • 1.+. • k (i 41 II 10+250 1 I I yi 1 L. m ii . ' 0.011,„, ■ L,..,.., /1 • .: 1 1(il 1 0 . It ilt' . 9 1 i 1 0 p :, •:, ,' i i 1 Ili ' ig :;, 10+050 i 1 . I 1 !I 10+35. .; 1, 'it • I ii \;\ .. I I, 1• ' H +344 I , Eg li: I rt,i k I i• • .i 6,..1, ;\ . 17 V 4.1 'l +.11 -\,"-•• II 1 II . \\ \I \ \4 \ • • • li I\\1k \ I, ti Iii i ■ \\ ' - • I 11\11 \ , 1 \ • 11.11 Ill,' . \\,\ \;\ . . • ' 3°° ‘\t\1 •• 10 °° 104- I!I .. • 3 II II W\\\\ 11 I; :: , • 11 \\ il••■•eMEMS . . 50 • . . , • • • • • PLA • • WP __A,LIMIT OF CONTRACT TE . METRIC • . . • STA. 9+500 CONT =IL • NEW CONSTRUCTION SHEET STA, 10+000 1 BREAKPOINTS ON THE CENTERUNE AUGNMENT OF NOISE MA 10+000 70 57A 10+100 02 . 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I I I . . ! ,,, i • I , . i NI •. • , IV I / E ;:. mouton 5 1 2 FP., ,fdl at ° • . a amb 7-- 1 a `5•.,7 I i 1 v E 5 E . - . . • . . . . , , . . - . . • . . . . - . . • . . . . • . . • . • . . . . . . 0111=MO . • • . • . ■ . 55 . . , . • A TA€CHMEN T# rOREPORT# ENGI 1t4--13 Memorandum �-- C Ontario To: Darrell Selsky Date: August 12,2013 Manager,Capital Projects&Infrastructure Engineering&Public Works Department • One The Esplanade, Pickering,ON L1V 6K7 ECEIVE From: Heather Nottbeck 1yG 1 4 2013 • Ministry Toronto/Durham stry of Transportation CITY OF v R �- Sr rSf FS 1201 Wilson Ave,4th Fl.,Bldg D Et4GN£ "- • • Downsview,ON M3M 1J8 • Tel(416)235-4900 Fax(416)235-3576 Re: Bayly Street Noise Barrier Wall:MTO-Pickering Legal Agreement Darrell, • Enclosed is the Legal Agreement between the City of Pickering and the Ministry of Transportation for the Bayly Street Noise Barrier Wall Project. As requested, changes have been made to the document to assign any warranties to the City and to add the City and the ' Region as parties to be indemnified. Please return the signed Agreement to me as soon as time allows. Thanks, ,1 ^^ jfgeolgi Heather Nottbeck, P.Eng • • Planning&Design,Toronto/Durham Ministry of Transportation 1201 Wlson Ave,4th FL,Bldg D Downsview,ON M3M 1J8 (416)235-4900 • • • • li 56 ATTACH MENT TO EnrCA iLI-1 oi THIS AGREEMENT is made day of ,2013. BETWEEN: • HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO,AS REPRESENTED BY THIS MINISTER OF TRANSPORTATION FOR THE PROVINCE OF ONTARIO (hereinafter referred to as the"Ministry") OF THE FIRST PART -and- inE CORPORATON OF'I HE CITY OF PICKERING (hereinafter referred to as the"City") OF THE SECOND PART WHEREAS (1) The City has requested the Ministry to design and construct a noise attenuation barrier along a portion of Durham Regional Road 22(as known as Bayly Street)in an effort to reduce the noise resulting from traffic on the King's Highway 401 as more particularly shown on Schedule "A" attached to this Agreement ("the Bayly Street Noise Wall Barrier"). (2) The'City has advised that the Regional Municipality of Durham("Region"),having the jurisdiction over Durham.Regional Road 22, has agreed to grant the City an encroachment in order to allow the construction of the Bayly Street Noise Wall Banrier upon terms and conditions set out in the Region encroachment permit. (3) The City has agreed to be fully responsible for and to maintain the Bayly Street Noise Wall Barrier upon its construction completion. (4) The City has agreed to contribute to the costs of the design and construction of the Bayly Street Noise Wall Barrier. (5) The Ministry recognizes the benefits of constructing the Bayly Street Noise Wall Barrier on the Regional right-of-way on Bayly Street and desires to assist the City in this regard upon the terms and conditions agreed upon in this Agreement. 57 • r h4T Ar ME O P b P O R T#1, itt- 3 V I Page 2 NOW 'THEREFORE THIS AGREEMENT WITNESSES that in consideration of the premises and other good valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. The Ministry or its consultants,contractors or agents will undertake the work necessary to design and construct the Bayly Street Noise Wall Barrier. 2. More particularly, the Ministry agrees to undertake all surveying, engineering investigations, environmental studies, engineering design and other duties'that are normally associated with the design of a project of this type. 3. The City agrees to facilitate and obtain all permits required by the Region to perform the work necessary to design and construct the Bayly Street Noise Wall Bather. 4. While the Ministry is responsible for providing overall directions for the work to design and construct the Bayly Street Noise Wall Barrier, it is understood by the parties and agreed that the City will also be involved in some aspects of work for the Bayly Street Noise Wall Bather, although the amount of involvement from the City may vary depending upon the circumstances and the Ministry's discretion. Toward that end,the .City and the Ministry agree to meet on an as required basis to discuss the work to design and construct the Bayly Street Noise Wall Bather. 5. The Ministry will be responsible for all costs to undertake the work necessary to design and construct the Bayly Street Noise Wall Barrier,subject to such contributions from the City as described in this Agreement. 6. The City agrees to contribute $100,000.00 toward the overall cost of the BayIy Street Noise Wall Bather. The City will pay this amount to the Ministry once the Bayly Street Noise Wall Barrier construction is complete and upon being invoiced by the Ministry for the said monies. Payment¢hall be made to the Ministry within 30 days of the receipt of the invoice by the City. • • 7. The Ministry will be responsible for the construction administration associated with the construction contract and other duties associated with the supervision and administration of a construction project of this type. At the discretion of the Ministry,the Ministry may retain the services of a consultant to perform such duties. 8. The Ministry advises and the City accepts that the Ministry's construction contract will include provisions that the contractor retained by the Ministry will be fully responsible for traffic control and safety during the construction of the Bayly Street Noise Wall Bather. 2 58 _ A-7 t:,_H 1E N! v.� ORE PORTt Il i5 Page 3 • 9. The Ministry advises and the City accepts that the Ministry's construction contract will include provisions for resolving any and all construction liens filed with respect to the Bayly Street Noise Wall Barrier. • 10. The Ministry advises and the City accepts that the Ministry's construction contract will provide that the Ministry's contractor shall be required to indemnify and save harmless the Ministry,the City and the Region from and against any claim,action,cause of action or liability from loss, damage,accident or injury in any manner arising due to, out of, from or in connection with the work to construct the Bayly Street Noise Wall Barrier undertaken and performed by the contractor under this Agreement, except for work negligently performed by the Ministry. 1 I. The Ministry advises and the City accepts that the Ministry's construction contract will • • require that the Ministry's contractor will be required to maintain comprehensive commercial general liability insurance, protecting indemnifying the Ministry, the City and the Region from and against all claims for damage or injury to persons,including • loss of life to persons,occurring during the work to design and construct the Bayly Street Noise Wall Barrier. 12. The Ministry advises and the City accepts that the Ministry's construction contract will require the contractor to provide a warranty of all construction works for a period of one year following the date of acceptance of contract completion and subject to sign off by the Ministry and City. The Ministry agrees to provide and the City agrees to accept that the Ministry may assign to the City, in the Ministry's construction contract with the contractor, the one year warranty for the construction of the Bayly Street Noise Wall Barrier works provided by the Contractor along with any contractual rights to enforce this warranty. 13. When the Ministry is satisfied that the Bayly Street Noise Wall Bather has been completed in accordance with this Agreement,the Ministry shall notify the City and the Region shall have the Bayly Street Noise Wall Barrier inspected. If the City finds that the Bayly Street Noise Wall Barrier has been completed to its satisfaction and this Agreement,the City shall give the Ministry a written notice that the Bayly Street Noise Wall Barrier has been completed. • 14. While the Ministry will take normal precautions and construct according to the normal practice of the Ministry of Transportation,no warranties are expressed or implied by this Agreement as to the Bayly Street Noise Wall Barrier,except those warranties provided by the Contractor as mentioned herein. 15. It is understood and agreed by the parties that upon completion of the construction of the Bayly Street Noise Wall Bather,the Region will maintain ownership of Bayly Street and 3 59 CT Ci Page 4 the City will have responsibility for the maintenance of the Bayly Street Noise Wall Barrier. 16. Upon completion of the Bayly Street Noise Wall Barrier and subsequent notice of its completion; the City acknowledges that pursuant to section 33(1) of the Public Transportation and Highway Improvement Act,the Bayly Street Noise Wall Barrier is a municipal undertaking and the Ministry is not liable for any repair and maintenance of the Bayly Street Noise Wall Barrier: 17. Any changes, alterations or amendments hereto, other than as herein specifically authorized shall be made in writing signed by the City's authorized signing officers and by the Ministry's Regional Director,Central Region or his nominee. 18. The City warrants that they have taken all necessary steps,done all acts,passed all by- laws and obtained all approvals within their powers required to give them the authority to enter into this agreement. 19. This Agreement'shall be governed by the laws of the Province of Ontario and the laws of Canada applicable thereto. IN WITNESS WHEREOF the Minister,on behalf of the Party of the First Part,has hereunto set his hand,and the Party of the Second Part has hereunto affixed its Corporate Seal under the hands of its proper officers duly authorized in that behalf. SIGNED AND SEALED this day of ,2013. MINISTER OF TRANSPORTATION FOR THE PROVINCE OF ONTARIO I I SIGNED AND SEALED this day of ,2013. TEE CORPORATION OF THE CIA Y OF PICKERING 4 60 . . ATTACH MENT a TO REPORT h/_13 - . . . SCHEDULE'A' to an Agreement between the Ministry of Transportation • and The Corporation of the City of Pickering • • . . ... . .. .. , ... • N ..._-- ___---\\ _____------- --:-..,--------_,..-- .._--k----- _._------------ --------, ...- -- ,z - z . 7,. • ,P,5- • :-.. •/ z. r40.1,- , / 4,,i- . • 7 ' - . - ..• - . \ • NOIS E BARRIER\ ; • _ -WALL LIMITS \ . / . 380;n- .... \* ? \ i ....:::.-2)■'\‘. / . . . - .- ••:. • • \ • . . . . \ • - . ' .. \ .. • .. • , • . , . ... . \ . . • . . • Bayiy Street Noise Barrier Wail South of Highway 401 East of Whites Road . ' . • . . . • . . 5 61 ._. • ATTACH MENT 3.. . ._2'REPOR# 2N llt }4.13 Ohl Council Meeting Minutes llt< Monday, December 20, 2004 ����a��� �[ 7:30 PM Resolution#173/04 Moved by Councillor Brenner Seconded by Councillor Ashe WHEREAS the residents on Marinet Crescent and Eyer Drive, backing onto Bayly Street, between Whites Road and West Shore Boulevard, have expressed concern respecting the impact of noise from Highway#401, the CNR line, and VIA train activity, and Bayly Street, on their living environment; and WHEREAS the homes in this area of the City were constructed in the 1960's and 1970's, prior to the construction of Bayly Street between Whites Road and West Shore Boulevard; and WHEREAS residents have continually expressed concern over the increase in noise levels that have occurred over the years as each of the noise sources was established and/or increased in intensity; and WHEREAS at a meeting held on December 6, 2004, the Region of Durham and the Ministry of Transportation staff advised that it is reasonable to consider this area of the City for retrofit measures to address noise concerns through attenuation fencing,.based on the principle of cost sharing by all parties; and WHEREAS the City of Pickering acknowledges the significance of area resident concerns respecting noise levels in this area of the City and the impact of noise on the residential living environment; and WHEREAS Bayly.Street is under the jurisdiction of the Region of Durham which has expertise and experience in addressing retrofit solutions to noise attenuation matters; NOW THEREFORE BE IT RESOLVED THAT the City of Pickering requests the • Regional Municipality of Durham to coordinate a review of potential noise attenuation measures and implementation strategies to address resident concerns in the area of Bayly Street between West Shore Boulevard and Whites Road, and that such investigation include staff from the Ministry of Transportation, the CNR, GO Transit, Region of Durham, City of Pickering and area residents; and • FURTHER THAT the Region of Durham advise the City of Pickering of the work program that it intends to undertake to address this matter; and FURTHER THAT a copy of this resolution be forwarded to: -8- 62 3 S r'RE?ORT# E G t 4-13 poi =` Council Meeting Minutes Monday, December 20, 2004 7:30 PM o Minister of Transportation, the Honourable Harinder S.Takhar o Development Review Coordinator, CN Railway Properties, Mr. G. Woods o Managing Director&CEO, GO Transit; Mr. G. McNeal o Region of Durham Commissioner of Works, Mr. C. Curtis P.Eng., MBA • o Regional Council o Mark Holland, MP,Ajax-Pickering o Hon. Dan McTeague, P.C., MP Pickering-Scarborough East CARRIED Resolution#174/04 Moved by Councillor Brenner Seconded by Councillor McLean That Pickering Council directs the Director, Planning & Development to consider, as part of the zoning strategy for Central Pickering, the use of holding provisions in zoning by-laws for lands where studies are required related to the protection of First Nations' site features and resources. CARRIED (V) BY-LAWS That Councillor Dickerson, seconded by Councillor Brenner, took leave to introduce by- laws of the City of Pickering: By-law Number 6413/04 • Being a by-law to amend Restricted Area Zoning By-law 3037, to implement the Official Plan of the City of Pickering, Region of Durham, north Part of Lot 14, Concession 9, City of Pickering. (A 03/04) By-law Number 6414/04 Being a by-law to authorize the release and removal of the Subdivision Agreement and related amending agreement respecting Plan 40M-1602, Pickering,from title. - 9- 63 • ATTACHMENT - 4 o REPORT# G614-13 Cry 00 •= • Council Meeting Minutes Tuesday, February 22, 2011• OrdratigiC 7:30 PM Council Chambers Special In Camera Council Minutes, January 31, 2011 Special Council Minutes, January 31, 2011 Special In Camera Council Minutes, February 7, 2011 Special Council Minutes, February 7, 2011 • Planning & Development Committee Minutes, February 7, 2011 • • Executive Committee Minutes, February.14, 2011 • . Carried Resolution#20/11 • • • Moved by Councillor O'Connell Seconded by Councillor Dickerson • • That the rules of procedure be suspended in order to change the order of business to allow.the introduction of the Notice of Motion with respect to noise concerns on Marinet Crescent to be dealt with before the delegations.. Carried on a • 2/3 Majority Vote • Noise Concerns on Marinet-Crescent Councillor O'Connell provided the Chair with an amended notice of motion to introduce to Council. Councillor O'Connell noted that the changes had been suggested by-staff in order to follow the proper processes for the 2011 Budget. A question and answer period ensued. . • Resolution#21/11 • Moved by Councillor O'Connell Seconded by Councillor McLean • • WHEREAS the residents of Marinet Crescent have been requesting appropriate measures to address noise which is a result of the widening of Bayly Street by Durham Region, widening of Highway 401 by the Province of Ontario and vibrations associated with the Via/GO line all running parallel to the rear of their properties; and WHEREAS testing has been carried out and has confirmed the level of noise is in • excess of acceptable standards; and -WHEREAS in 2006 a tri-party agreement was to have taken place between Durham Region, Province of Ontario and the City of Pickering to each pay a portion of the total 2 • 64 i Y1 E.`is {(iLt F � y iL lf�fY17 1 -13 Ca �� - Council.Meeting Minutes . � : ' Tuesday, February 22, 2011 wlt1I os- r - 7:30 PM Council Chambers . • costs to construct.a noise attenuation wall along the rear lots of all homes on Marinet that abut Bayly; and • WHEREAS to date no action has been taken to commence the-construction of the ' • Marinet noise attenuation wall; NOW THEREFORE BE IT RESOLVED the City of Pickering advise the Province of Ontario of our intention to include the City's share of funding ($100,000) for the construction of this project in our 2011 Budget; • AND FURTHER the City of Pickering request the Region of Durham to assume responsibility for the maintenance costs for this noise attenuation wall; AND THAT staff report back to Council no later than the April meeting of Council.with . • the timelines for commencing and completion of this project. Carried Unanimously • On a Recorded Vote (.IV). -Delegations • . - . Resolution #22/11 • . • • Moved by Councillor O'Connell - • • Seconded by Councillor McLean That.the rules of procedure be suspended in order to allow for the additional delegations of Don Harvey, Michael Fearon, Steve Murray and Bruce Smith. • • Motion Lost on a Recorded Vote as Follows: Yes No • Councillor•McLean • Councillor Ashe . • •Councillor O'Connell . Councillor Dickerson ' . • . Councillor Rodrigues Councillor Pickles Mayor Ryan 1. Durham Regional Police Update on Community Safety Deputy Chief Sherry Whiteway appeared before Council relaying Chief Eweles regrets as-he was unable to attend. She provided an overview of their-completed 2011-2013 • 3, • • 65 ('iry oin A Report to Council E I r Report Number: PW 06-13 Date: October 28, 2013 From: Richard W. Holborn Director, Engineering & Public Works Subject: Seniors and Persons with Disabilities Snow Clearing Program - File: A-1440 Recommendation: 1. That Report PW 06-13 from the Director, Engineering & Public Works regarding the Seniors and Persons with Disabilities Snow Clearing Program be received; 2. That Council approve an exemption to Purchasing Policy— 09.03—Single Source Item (d), which states: "the extension or reinstatement of an existing contract would prove most cost effective or beneficial. The extension shall not exceed one year." This will allow an additional one year extension to Gray's Landscaping and Snow Removal, to provide snow removal for seniors and persons with disabilities, for the period of November 1, 2013 to April 30, 2014; • 3. That Council support the expansion of the program from 300 to 350 participants and adjust the boundary to make Taunton Road the northern most limit in order to include the new Duffin Heights neighbourhood for the 2013/2014 winter season; 4. That Council authorize staff to prepare a report on future expansion of the program for the 2014/2015 winter season to include Hamlets, north of Taunton Road; and • 5. That the appropriate City of Pickering officials be authorized to take the necessary action in order to give effect thereto. Executive Summary: Due to the increased demand for participation in the Seniors and Persons with Disabilities Snow Clearing Program, staff are recommending that the program be expanded from 300 to 350 participants, and that the boundary for the program be extended north to Taunton Road. Staff will be reviewing future needs and service parameters and will report back to Executive Committee on the feasibility of expanding the program to Hamlet areas. In lieu of preparing a one year contract for the .2013/2014 winter season, staff is recommending that Gray's Landscaping and Snow Removal, who has been our contractor for the last three seasons, be provided a further one year extension of their contract based on their 2012/2013 unit prices and a proration of their guaranteed minimum payment to reflect the increase in participants from 300 to up to 350. 66 . Report PW 06-13 . October 28, 2013 Subject: Seniors and Persons with Disabilities Snow Clearing Page 2 Financial Implications: Gray's Landscaping and Snow Removal has agreed to provide this service for the 2013/2014 winter season at the 2012/2013 unit prices per location. The guaranteed minimum payment per season will be prorated to adjust the number of properties in the program from 300 to up to 350. The additional cost impact to the guaranteed minimum payment, which covers the first six snow clearings of the season, amounts to $5,250 plus applicable HST. Discussion: The Seniors Snow Removal program commenced in 1975 with very few seniors and disabled persons participating. Since that time the program has expanded to encompass over 300 participants. City of Pickering staff were originally utilized to provide the service, but with the growth of the City and the program, the work was eventually tendered out to private contractors. During the planning stages for the 2013/2014 program registration, staff made the decision to increase the program registration limit to 325 participants to acknowledge new development in Duffin Heights and previous year's demand for the program, as some residents had to be placed on a waiting list. This information was provided to Council in CAO Correspondence CAO 72-13 on September 26, 2013 (Attachment#1). Due to the successful registration held October 9, 2013 at the Pickering Recreation . Complex, the program is full at 325 participants, and there are still residents on the waiting list. Staff is now recommending that the program be expanded to up to 350 participants for the 2013/2014 winter season. As mentioned in correspondence CAO 72-13 staff will be reviewing options to increase the service parameters for the 2014/2015 program. That information will be contained in a future report to the Executive Committee. Gray's Landscaping and Snow Removal was awarded the Seniors and Persons with Disabilities Snow Clearing contract through the award of Quotation 0-74-2010. The award was a two year contract for the winter of 2010/2011 and 2011/2012. Through clause 09.03 (d) of the Purchasing Policy, the contract was extended for one year, which was the winter of 2012/2013. Although the Purchasing Policy only allows for extensions of one year, staff recommends a further one year extension with Gray's Landscaping and Snow Removal for the winter of 2013/2014. This extension will allow p 9 time for staff to review the service parameters and prepare a new multi year procurement document commencing the winter of 2014/2015. Previous to the hiring of Gray's Landscaping and Snow Removal in 2010, the program experienced numerous problems with delivery of service. Gray's has reduced complaints to a minimum, and service is being provided in a timely fashion. The Contractor visits each address at the end of the season to inspect, clean up and repair any damage that may have occurred during snow clearing at no additional cost to the City of Pickering. 67 'Report PW 06-13 October 28, 2013 Subject: Seniors and Persons with Disabilities Snow Clearing Page 3 It is the recommendation of the Engineering & Public Works Department that the contract for the Seniors and Persons with Disabilities Snow Clearing Program be extended to Gray's Landscaping and Snow Removal for the 2013/2014 season. . Attachments: • 1. CAO Correspondence CAO 72-13 . 2. Letter from Gray's Landscaping &Snow Removal dated September 10, 2013 Prepared By: Approved/Endorsed By: 1 r? , ,J j--Mager,Smit Richiard Hol••rn, P. Eng. Mnager, Operations & Fleet Services Director, Engineering & Public Works GS:Ir Recommended for the consideration of Pickering City Council ati(da, ©dzl,zo0 Tony Prevedel, P.Eng. Chief Administrative Officer • 68 v(,--I 3 CAO 72-13 Cali 00 PI ERIN Memo To: Mayor Ryan and September 26, 2013 Members of Council From: Tony Prevedel Chief Administrative Officer Copy: Director, Engineering & Public Works Customer Care Centre Subject: Seniors and Persons with Disabilities Snow Clearing Program File: 0-2040 Over the years, we have modified the Seniors and Persons with Disabilities Snow Clearing program to ensure those residents who really need the service are able to receive it. This has, of course, always been based on our available budget dollars. The current program limit is 300 households, serving residents in our urban area (south of Rossland Road). However, this year we have extended the area to south of Taunton Road to ensure residents in Duffin Heights are included. Traditionally, the program would be filled within a month. However, our records indicate that last year the program was filled within a week of the start of registration, and we had 29 residents on our waiting list, as compared to 9 the year before. In order to provide us with an opportunity to review the actual need, I have asked staff to increase the cap of 300 to 325 this year. Since we have never served the residents in our hamlets (north of Taunton Road); we are looking at the feasibility of doing so. Staff are currently investigating the cost to extend the service north of Taunton Road. A report is being prepared to provide options for Council's consideration to increase the service parameters for the Fall 2014—Winter 2015 snow clearing program. The report will also request Council's consideration to extend the contract with our existing service provider by one year, to provide us with time to complete a review of our program needs. It should be pointed out that we have received excellent service from our existing provider. Our walk-in registration will be held on Wednesday, October 9, 2013 at Pickering Recreation Complex. Following that, residents can register through the Customer Care Centre. 02// 41/ • 69 A T T A C K-__M E N -I _Lo Lang.1 Snow Removal September 10, 2013 Attention: Rob Gagen As per our phone discussion, we are willing to price hold for both seniors and facility snow contracts for a one year extension. Thank you for the opportunity to work with the City again. We are looking forward to it. Ben Gray 708 Front Rd PHONE (647)223-4403 Pickering,On FAX (905)837-5028 mss..... ,I L1W1P2 EMAIL grays snowremoval @hotrnaiLcom WEB SITE www.grayslandscapingsnow.ca city co Report to • Council - PIC ERING Report Number: CAO 05-13 Date: October 28, 2013 From: Tony Prevedel Chief Administrative Officer • Subject: Seaton—Financial Impacts Agreement - File: L-3200-010-12 Recommendation: 1. That Report CAO 05-13 respecting the Financial Impacts Agreement for the Seaton Development Area be received; 2. That a Financial Impacts Agreement substantially in the form included in this report as Attachment 1, be entered into by the City subject to such minor revisions as are satisfactory to the Chief Administrative Officer, the Director, Corporate Services & City Solicitor, the Director, City Development; and the Director, Engineering & Public Works; 3. That the said Financial Impacts Agreement be executed by the Mayor and City Clerk; and • 4. That the appropriate City officials be authorized to take the actions necessary to implement these recommendations. Executive Summary: The Financial Impacts Agreement (the "FIA") is a contract among the City, the Province and the landowners within the Seaton Development Area. The FIA deals with the major financial aspects of the development of Seaton through to the year 2031. The FIA contains provisions regarding the development charges to be paid by the Seaton landowners, and also provides for certain voluntary financial contributions to be made by the landowners to the City. The financial impact of the development of Seaton is a key issue within the Ontario Municipal Board appeals commenced by the Seaton landowners. On September 3, 2013, Council approved in principle the terms upon which the City was willing to settle the financial issues in the OMB appeal proceedings. The FIA incorporates the Council- approved financial settlement terms. Based upon the Fiscal Impact Study prepared for the City by Watson &Associates Economists Ltd., it is anticipated that the FIA will yield a surplus to the City of approximately$18.5 million as at 2031, over and above the cost of constructing and operating the infrastructure necessary to service the Seaton Development Area. It is 71 • Report CAO 05-13 October 28, 2013 Subject: Seaton—Financial Impacts Agreement Page 2 also anticipated that the FIA will remove the near-term negative cash flow problem originally identified in the Fiscal Impact Study. Financial Implications: The development charges which the City is permitted to collect pursuant to the Development Charges Act are insufficient to fund the construction of the infrastructure necessary to service Seaton. The City's Fiscal Impact Study concluded that the development of Seaton through 2031 would yield a cumulative surplus of$4.4 million over the cost of constructing and operating the infrastructure necessary to service Seaton. This meant that the financial burden of servicing Seaton had been dealt with. Staff were not satisfied with this result, however, because of the very long term over which the financial requirements of Seaton must be met. The Fiscal Impact Study is, of necessity, a long-term forecast based on estimates and assumptions regarding the City's revenues and expenses through to 2031. Because it is impossible to be certain of the City's financial needs over such a long period of time, staff sought out additional financial support to increase the surplus so as to accommodate possible future changes to the City's financial position. Based upon the Fiscal Impact Study prepared for the City by Watson &Associates Economists Ltd., it is anticipated that the FIA will yield a cumulative surplus to the City of approximately$18.5 million as at 2031 over and above the cost of constructing and operating the infrastructure necessary to service Seaton. It is also anticipated that the FIA will remove the near-term negative cash flow problem originally identified in the Fiscal Impact Study. Discussion: On April 22, 2013, Council authorized staff to conduct discussions with the Seaton landowners to prepare a Memorandum of Understanding to ensure that the development of Seaton does not create a financial burden on the City, and to address the financial issues identified in the Fiscal Impact Study. Since then, City staff have, with the assistance of outside legal and economic advisers, engaged in numerous discussions with the Seaton landowners concerning the financial impact of the development of Seaton. On July 24 and August 7, 2013, the OMB presided over mediation sessions attended by representatives of the City, the Province and the landowners. The mediation sessions were required by the OMB to determine if it was possible to reach a settlement concerning the financial issues arising from the landowners' OMB appeals. After the mediation sessions, the parties negotiated proposed settlement terms regarding the outstanding financial issues. On September 3, 2013, City staff and outside solicitor, Quinto Annibale (Loopstra Nixon LLP), updated Council with respect to the results of the mediation and the proposed settlement terms. Council approved in principle the settlement terms and authorized staff to finalize an Agreement with the landowners regarding the financial issues. Since then, staff have negotiated the terms of that Agreement with the Seaton landowners. The Financial Impacts Agreement (the "FIA") is the result of those negotiations. The 72 Report CAO 05-13 October 28, 2013 Subject: Seaton— Financial Impacts Agreement Page 3 draft FIA is included in this report as Attachment 1. The provisions of the draft FIA are satisfactory to City staff and to the City's outside legal and economic advisors, and implement the settlement terms agreed to in principle by Council on September 3. The key provisions of the FIA are summarized below: Article 4: sets out the obligations of the landowners to design, build and pay for both the Seaton internal roads network and the enhancements to the Regional roads servicing Seaton. The landowners have also agreed to fund their share of the cost of Seaton external road works as they are constructed by the City. Because the landowners have agreed to pay for the Seaton internal roads network, they will not be required to pay roads-related development charges. This exemption from the City's road-related development charge must be incorporate into the City's Development Charge By-laws. Article 5: sets out the voluntary financial contributions which the landowners have agreed to make. The voluntary contributions consist of: (a) payment of a "10% Contribution" to compensate the City for the 10% statutory deduction imposed by the Development Charges Act, (b) payment of$189 per unit to fund construction or upgrades of municipal administration buildings, (c) payment of$300 per unit for additional community uses and (d) an additional payment equal to the amount by which the City's development charge revenues for soft services and fire services are reduced as a result of the exemption in the Development Charges Act for public and separate schools. Article 6: requires the Seaton landowners to pay the City-wide development charge for all services except new roads or improvements to existing roads (per Article 4 above). In addition to constructing at their own expense the storm water management ponds and facilities required to service Seaton, the landowners have agreed to pay the city- wide development charge for storm drainage and management works. The development charges payable by the landowners for storm drainage and management works are fixed in the FIA subject to indexing for inflation. Article 9: contains general contract provisions which require that the FIA be registered against title to the Seaton lands and that it be binding upon the landowners' successors in title. Attachments: 1. Draft Financial Impacts Agreement 73 Report CAO 05-13 October 28, 2013 Subject: Seaton—Financial Impacts Agreement Page 4 Prepared/Approved By: Approved/Endorsed By: Paul Bigioni Tom Melymuk, C I'P, RPP Director, Corp(rate S- ices & City Solicitor Director, City Development Prepared By: Stan Karwowski Marisa Ca . o, MA Division Head, Finance&Treasurer Director, Culture& Recreation If Adz:AlAWIV Richard Holbor , P.Eng. Diredor, Engineering & Public Works PB:ks Recommended for the consideration of Pickering City Council �� 'i� ^ C• 23,2013 Tony Prevedel, P.Eng. Chief Administrative Officer • • 74 • • ATTACHMENT# / TO REPORT# 2AC) SEATON LANDOWNERS GROUP AND CITY OF PICKERING .Of, �l 0 (3 FINANCIAL IMPACTS AGREEMENT THIS AGREEMENT is made this♦day of 4,2013. BETWEEN: • THE CORPORATION OF THE CITY OF PICKERING (hereinafter referred to as the"City") OF THE FIRST PART and HER MAJESTY THE QUEEN in Right of Ontario as represented by the Minister of Infrastructure as represented by Ontario Infrastructure and Lands Corporation (hereinafter referred to as the"Province") • OF THE SECOND PART • and • 1133373 ONTARIO INCORPORATED, LEBOVIC ENTERPRISES LIMITED, AFFILIATED REALTY CORPORATION LIMITED, CHESTERMERE INVESTMENTS LIMITED, HUNLEY HOMES LIMITED, 1350557 ONTARIO LIMITED, ZAVALA DEVELOPMENTS INC., ZAVALA DEVELOPMENTS INC.,in Trust, . MATTAMY(SEATON)LIMITED,and WHITE SUN DEVELOPMENTS LIMITED (hereinafter collectively referred to as the"SPL") OF THE THIRD PART RECITALS: • A. The Province and the SPL (individually) are owners of land in the City of Pickering in the Regional Municipality of Durham in the Province of Ontario that is located in an area known as the"Seaton Community"or"Seaton",as depicted on Schedule"A"(the"Lands"). • B. The Seaton Community is a development area subject to the Central Pickering Development Plan, which was prepared and approved by the Minister of Municipal Affairs and Housing pursuant to the Ontario Planning and Development Act, 1994, S.O. 1994; c. 23, and came into effect by Provincial Order-in-Council dated May 3,2006,and amended.on June 6,2012 (the"CPDP"). • C. , The Province and the SPL are collectively referred to as the"SLG". D. The City and the SLG have entered into this Agreement for the purpose of confirming arrangements pertaining to the financing and construction of City infrastructure and other related matters affecting the development of the Seaton Community. • • 75 • ATTACHMENT# I TO REPORT#( .of. as— E. The City was authorized by Council to execute this Agreement on October 28, 2013. NOW THEREFORE,for good and valuable consideration, the sufficiency of which is hereby acknowledged,the PARTIES HEREBY COVENANT AND AGREE as follows: ARTICLE 1 INTERPRETATION Definitions 1.1 In this Agreement and the attached Schedules, the following words and expressions have the following meanings: (a) "10%Contribution"has the meaning described,in Section 5.1. (b) "Building Permit" means a building permit issued pursuant to the Building Code Act 1992, S.O. 1992, c;;23 as amended, revised or consolidated from time to time and 4;erregulations thereto, and any successor legislation. (c) "Business Day"means a day other than Saturday,Sunday or statutory holiday in the Province of Ontario. (d) "City" means The Corporation of the City of Pickering or the geographic area of Pickering,as the context dictates. (e) "City-wide DC By-law"means a DC By=law that applies to the entire City,including Seaton and Which comes into effect in 2014. (f) "CPDP"has the meaning described in Recital B;• (g) "Council"means Council of the'City. (h) "DC"means development charge"as that term is used in the DC Act. (i) "DC Act"means the Development Charges Act 1997,S.O. 1997,c.27, as amended, "revised or consolidated from time to time and the regulations thereto and any successor legislation. (j) ;j:_,"DC By-law"means a by-law to impose DCs passed pursuant to the DC Act and enacted by Council. (k) "MESPA"::: means the Master Environmental Servicing Plan Amendment dated July 2013 as required by Policy 1 of Section 4.6 Servicing of the CPDP and as filed with the City in July 2013. (I) "NFSSRs" means the Neighbourhood Functional .Servicing and Stormwater Reports as required by Section 11.73 of Amendment No. 22 to the City's Official Plan. (m) "OMB"means the Ontario Municipal Board. (n) "Region"means the Regional Municipality of Durham. (o) "Regional Road Enhancements" means the sidewalk, streetlighting and trail works listed in Schedule "D-3", being works related to specific Regional roads internal to Seaton, as well as the proposed extension of Rossland Road/SL22 from Brock Road to the south limit of Seaton(located external to Seaton). 76 ATTACHMENT# j TO REPOKI# .of. a-.S C s- 1 o (p) "SDE"means a single detached equivalent unit. (q) "Seaton" and "Seaton Community" have the meanings described in Recital A. (r) "Seaton Cost Sharing Agreement"means the agreement of the same name dated July 18,2007 entered into amongst members of the SLG for the purpose of co-ordinating responsibilities related to dedication of land and construction of infrastructure in order to facilitate the development of the Seaton Community, as amended, restated or replaced from time to time. (s) "Seaton External Road Works" means the City roads external to Seaton and associated road works listed in Schedule"D-2". (t) "Seaton Internal Road Works" means the City roads internal to Seaton and associated road works listed in Schedule"D-1". (u) "Seaton Natural Heritage System",-.means the Natural Heritage System located within Seaton Old:described in City Official Plan Amendment No 22. (v) "Seaton Phase 1" mean`s,;the first phase of development of the Seaton Community,as depicted on Schedule"B". (w) "Seaton Share",refers to the proportion of the total amount of any cost related to: the;;Seaton External.' Works that is payable pursuant to the terms:of this Agreement by the SLG, in accordance with the percentages;set`out;in Schedule 7p72". (x) "SLG" means the SPL and the Province.and includes their respective successors,including successors in title to the Lands, and permitted assigns. (y) ..''Soft Services' means those services that are as of the date of this Agreement,subject to the,-10%deduction under Section 5(1)8 of the DC Act.: • (z) "SPL" has;the meaning described on page 1 of this Agreement and • includes the:successors,including successors in title to Lands owned <by the SPL as'of the date of this Agreement (the "SPL Lands"), and permitted 'assigns of every corporation, partnership or other legal person comprising the SPL. (aa) "SSIS" means the Seaton Staged Servicing and Implementation Strategy dated DeCember 2011,revised May 2013. Schedules 1.2 The schedules referred to in this Agreement,as same may be amended from time to time by further agreement of the parties in accordance with the principles contained in this Agreement,shall be deemed to form part hereof. The schedules to this Agreement are as follows: Schedule"A" Plan Depicting Ownerships in Seaton Schedule"B" Plan Depicting Seaton Phase 1 Schedule"C" Single Detached Equivalent Unit Factors Schedule"D-1" Seaton Internal Road Works Schedule"D-2" Seaton External Road Works • Schedule"D-3" Regional Road Enhancements 77 ATTACHMENT# / TO REPORT# (,-j Schedule"E" Notice Particulars it•Of. c $ DC—(3 ARTICLE 2 CONDITIONS PRECEDENT 2.1 Subject to Section 2.3, the covenants of the SLG as set out in Article 4 and Article 5 are subject to the following conditions precedent first being achieved by the following dates indicated: _ (a) On or before October 31, 2013,the City will provide evidence to the OMB supporting the final approval of the draft plans of subdivision, draft plan conditions, and zoning by-law for the Seaton lands, together with a request that the OMB issue an order granting final approval of such plans of subdivision, draft plan conditions and zoning by-law by October 31, 2013 or as soon as reasonably practicable thereafter; (b) On or before June 30,2014,the Council of the City shall have enacted the City-wide DC By-law; (c) On or before June 30, 2014; the Province has:obtained all required approvals with regards to.the terms of this Agreement, including transfers and conveyances referred to in Sections 8.4 and 8.5; (d) On or before June 30,2014,the SPL and the Province have executed a binding agreement;or agreements whiich are in force providing for the sharing of costs to be incurred pursuant to this Agreement and (e) On or before June 30; 2014 any and all front ending agreements required to be entered into between the Region and the SLG for the development of Seaton Phase L to the satisfaction of the Region and the SLG,have been fully executed. 22 The parties agree:to work diligently and in good faith and to do all things reasonably necessary to satisfy the conditions precedent set out in Section 2.1 on or before the dates provided for therein. 2.3 In the event that'any of the conditions precedent described in Section 2.1 has:"not been achieved on or before the dates provided for therein,then the SLG shall have the sole discretion to extend the time for the fulfillment of any such condition by"providing written notice to the City from the SLG Trustee. 2.4 If any of the'Conditions precedent described in Section 2.1 have not been achieved on or before the dare provided for therein and the SLG has not, prior to such date,provided the City with notice of an extension as described in Section 2.3, then, as of such applicable date, this Agreement shall immediately terminate and be at an end, and each party shall be wholly released and forever discharged from all covenants and requirements provided for herein. 2.5 The SLG shall not be entitled to waive conditions 2.1(c), (d) and (e)without the City's consent. 2.6 The zoning by-law referred to at Section 2.1(a)shall not contain any holding provisions in relation to the financial issues. 78 ATTACHMENT# I TO REPORT#r^,kD .of. G I% ARTICLE 3 SEATON PHASE 1 3.1 The City agrees that Seaton Phase 1 will be comprised of the area depicted on Schedule"B"and will be subject to a maximum total residential unit count of 9,800 SDEs as well as the lands designated Prestige Employment pursuant to the CPDP as depicted on Draft Plan of Subdivision SP-2011-03. The parties agree that the Single Detached Equivalent Unit Factors set out in Schedule "C"shall be used to calculate the number of SDEs within any development in Seaton. 3.2 Where payments are made on an SDE basis pursuant to this Agreement,the amount payable for each dwelling unit will be calculated based on unit type in accordance with the SDE unit factors set out in Schedule."C". • 3.3 The City acknowledges that it is satisfied ■ith and accepts the SSIS in principle as submitted by the SLG,dated December 2011,revised May 2013. ARTICLE4'''` ROADS AND ENHANCEMENTS FUNDING AND CONSTRUCTION SLG funding and construction of Seaton Internal Road Works and Regional Road Enhancements 4.1 The SLG will design and construct, at the`-SLG's sole expense and to the satisfaction of the City, the Seaton,,Internal`iRoad Works as set out in Schedule "D71",...The SLG will also design and construct at the SLG's sole . expense and to the satisfaction of the City the Regional Road Enhancements as set out in Schedule "D-3 Such.works will generally be constructed as adjacent''development' proceeds;;;with detailed requirements respecting design and construction including timing, set out in future servicing or subdivision agreements between the SLG and the City. SLG funding for Seaton External Road Works 4.2 The SLG will provide funding-to the City for the Seaton Share of the Seaton External Road Works,as the works are designed and constructed by the City, in accordance with'. invoices or progress certificates approved by the City Director of Engineering and Public Works, provided that the maximum contribution required to be made by the SLG, in the aggregate, for the Seaton External Road Works shall be capped at the amount equal to the estimated cost of$3,640,000.00 attributed to the subject projects as set out in Schedule"D-2",subject to adjustment of the unpaid balance compounded on an annual basis in accordance with the lesser of: (i)the construction price index applied by the City to its City-wide DC for roads from time to time,and (ii) an annual index rate of 10%, from the date of this Agreement until the date of payment. The parties agree that the Province's share of the Seaton Share of such costs shall not exceed $1,723,540 subject to the indexing described above. For greater certainty,the SLG will not be responsible for the component of the capital costs of the Seaton External Road Works attributable to"Benefit to Existing/Post Period Benefit"as shown in Schedule "D-2". 43 .The City will be responsible for the capital costs of the Seaton External Road Works attributable to exemptions from the payment of DCs in respect of schools and City and Regional facilities. Prior to the issuance of a Building 79 • NI IHLrilVICIV 1 tt J iv ncrvni rr (,c . .of. � Permit for any school or any City or Regional facility that would be exempt from the payment of DCs pursuant to the DC Act, the City shall pay to the SLG Trustee (for distribution to the SLG) an amount equal to the share of such costs attributable to such school,or City or Regional facility,calculated in a manner consistent with the manner in which the attribution of costs would be determined in the background study for the calculation of DCs. Exemption of Seaton from Roads DC 4.4 No DCs relating to new roads or improvements to existing roads, will be imposed by the City: (a) against any non-residential uses in Seaton until development of 18,050,000 square feet GFA of non-residential development in Seaton;or (b) against any residential uses until residential development of 18;887 SDEs in Seaton. For greater certainty,any DC By-law enacted the City shall exempt Seaton from the payment of any DC relating to new roads or improvements to existing roads (including related infrastructure such.:as sidewalks, trails, streetscaping, streetlighting, signalization and management of stormwater within roads), provided that a DC relating to capital cost'of.transportation facilities,operations,vehicles and equipment may apply to Seaton. 4.5 In the event that, for any reason, the City imposes a DC By-law in contravention of Section``.4:4. then the City;:shall, upon any receipt of payment of any DC paid pursuant such DC By-law,forthwith reimburse the full amount paid.to such owner of lands in Seaton ARTICLE:5 OTHER SPL CONTRIBUTIONS 10%Statutory Deduction: 5 1 The SPL will"provide funding to the City in respect of the development of the SPL Lands in an amount`equivalent to the amount by which the City's DC is 'reduced as a result of the 10%reduction in the capital costs funded by the DC that is attributable to the development of the SPL Lands pursuant to. paragraph 5(1)8 of the DC Act, calculated and paid in accordance with Sections'5:2.to 5.5 below(the"10%Contribution"). 5.2 The 10% Contribution will be determined based on 11.11% of the DCs payable on Soft Services by SPL under the City-wide DC By-law. 5.3 The 10%Contribution will be determined prior to the registration of the first plan of subdivision on the SPL Lands based on the calculations in the background study for the first DC By-law review undertaken by the City following the date of this Agreement. The 10%Contribution will be indexed from time to time in accordance with the construction price index prescribed by the DC Act,but shall not be subject to any other increase or adjustment. 5.4 The 10%Contribution will be calculated and payable on the following basis: (a) calculated on an SDE basis and payable at the time of plan of subdivision registration for residential development on the SPL Lands, except for residential development on mixed-use or multi-residential development blocks subject to site plan approval under section 41 of the Planning Act; 80 ATTACHMENT# / TO REPORT#C �-` .of. a (b) calculated on an SDE basis and payable at the time of building permit ' issuance for all residential development on the SPL Lands within a mixed-use or multi-residential development block subject to site plan approval under section 41 of the Planning Act; (c) calculated on a gross floor area basis and payable at the time of Building Permit issuance for all non-residential development on the SPL Lands;and (d) it shall continue to be indexed and paid following expiry or repeal of the City-wide DC By-law until full build-out of all of the non- residential development on the SPL Lands and development of the first 11,280 SDEs constructed on the SPL Lands. 5.5 The Province will not provide any contribution to the City on account of the 10%Contribution. • 5.6 In the event of any substantial amendment to the DC Act subsequent to the execution of this Agreement, the SPL and;the City agree that they shall renegotiate the applicable terms of this:Agreement in good faith to the extent necessary to ensure that the amount of financial support provided by the SPL as at the date of execution;of this Agreement will neither increase nor decrease by virtue of such amendment to the DC Municipal Administration Buildings 5.7 The SPL will provide funding to the City for construction and/or upgrades to municipal administration.buildings. Such funding will be calculated and provided on an SDE basis for the first 11,280 SDEs.constructed on the SPL Lands in the fixed amount of;$189.00 per,SDE This payment shall be made for each:residential unit on the SPL Lands`prior to the issuance of a Building Permit for the subject,unit Such`':contributions'shall not be subject to any adjustment;including for indexing;interest or inflation. Additional Community Use Payment 5 8 The SPL will provide funding to the City for additional community uses'in Seaton. Such funding will be calculated and provided on an SDE basis for the first 11,280 SDEs constructed'on the SPL Lands in the fixed amount of 300.00 per;SDE(to a maximum aggregate amount of$3,300,000.00). This payment shall be made for each residential unit on the SPL Lands prior to the issuance of a Building Permit for the subject unit. Such contributions shall not be subject to any adjustment,including for indexing,interest or inflation. DC Exemption for Public and Separate Schools 5.9 The SPL will provide funding to the City in respect of the development of the SPL Lands in an amount equivalent to the amount by which the City's DC revenues for Soft Services and Fire are reduced as a result of the exemption for public and separate schools. Such funding will be calculated based on the DC rate applicable at the time of payment. This payment shall be made upon the issuance of a Building Permit for each school on the SPL Lands. ARTICLE 6 CITY-WIDE DEVELOPMENT CHARGES 6.1 The City shall,on or before June 30, 2014, enact a City-wide DC By-law that includes Seaton in the City-wide DC for all services except for new roads or • _ improvements to existing roads as described in Section 4.4. 81 • . . ,\C I-t......v! i � !(.) (L t- I it nil • 6.2 The DCs payable by Seaton in respect of storm drainage and management works shall be at a rate not to exceed: (a) $400.00 per SDE for residential units; (b) $6,000.00 per hectare for non-residential development on lands designated as Prestige Employment Land on the Land Use Plan in the CPDP;and (c) $0.17 per square foot for non-residential development on lands not designated as Prestige Employment Land on the Land Use Plan in the CPDP, subject to adjustment of such amounts on an annual basis in accordance with the construction price index applied by the City to its City-wide storm drainage and management works DC from time to time from the date of this Agreement until the date such DC is paid. 63 Provided that the City-wide DC By-law, or any successor DC By-law, reflects the terms of Section 6.2,the SPL agree not to'object to appeal or challenge the City-wide DC By-law,or any successor DC By-law;,as they relate to the DC for storm drainage and management woks. 6.4 The City will include in the calculation of the DC for development-related capital studies in the City-wide DC By-law the capital costs to"be incurred by the City for (a) the Whitevale Traffic;;:Management;Study to a maximum of $75,000.00,and (b) the Seaton Fiscal Impact:Peer Review Update Study to a maximum of $125,000.00 63 The Province:"agrees that it will not object to any City DCs being calculated and applied on a..land area basis, as opposed to a total floor area basis,for non residential development on the lands designated Prestige Employment Land on the Land Use Plan in the CPDP. - :,::ARTICLE 7 COST SHARING CONDITIONS 7.1 The agrees :that it will be a condition of approval of all plans of subdivision;;consent and plans of condominium that no registration of a plan of subdivision;_conveyance or condominium in Seaton shall be permitted unless the SLG Trustee confirms in writing to the•City that the subject landowner is in good standing pursuant to this Agreement and the Seaton Cost Sharing Agreement. • ARTICLE 8 OTHER MATTERS 8.1 Forthwith upon the OMB issuing an order granting final draft plan approval of its plan of subdivision, draft plan conditions and the zoning by-law respecting the Seaton lands,any individual member in the SPL that has filed an appeal to the OMB in respect of fees for the processing of planning applications that were paid to the City prior to the date of this Agreement or fees related to the review of the MESPA that were paid to the City prior to the date of this Agreement will withdraw such appeal. 82 ATTACHMENT#_ f_ TO REPORT#CA-0 o 8.2 The City agrees that the SLG shall not be required to update th2Fis6i fmactr_ 05 �(3 Study for Seaton. 8.3 The City will transfer for nominal consideration as the SLG may direct, any road allowance in Seaton that is currently owned by the City that is to be used for the Seaton road network or proposed to be used by SLG for development purposes,whether such road allowance is inside or outside the Seaton Natural Heritage System, provided however that if such land lies within developable land owned by the Province such land will be transferred to the Province. 8.4 Subject to all required approvals,the Province will agree to convey lands or transfer an easement to the City as required for stormwater management works in the Seaton Natural Heritage System.The precise size and location of • such stormwater management works will be determined by the agreement of the Province and the City,acting reasonably. The City agrees that it will accept an irrevocable easement in perpetuity to;,allow the maintenance of any stormwater management works located in the Seaton Natural Heritage System on terms satisfactory to the City;:Solicitor, and will not require a conveyance of the lands containing such works. The decision as to whether such lands will be conveyed or an easement will granted will be determined by the Province,and in either case will be subject to all:required approvals being granted. 85 Subject to all required approvals, the Province will agree to transfer to the City,for nominal consideration,land for aD.istrict Park,located as shown on the Neighbourhood 21 Land Use Schedule(being Schedule XII to the City's Official Plan)and being generally located north of:Hamlet of Green River and west of Sideline 32, having O.area'of.not less than.100 acres but not more than 120 acres,;free and clear of all liens and encumbrances not acceptable to the "City The precise size and location:Of„the District Park will be determined by the agreement of the-Province and the City acting reasonably. The City agrees that it will pay its proportionate share of the front-ending costs of Regional infrastructure(for water and wastewater) attributable to the District Park lands,provided however that the service level with respect to the District_:Park is to.be determined by the City,in its sole discretion. For ,the purpose of;clarification,the City shall not be obligated to pay any costs referred to in this section unless it connects the District Park lands to a service or services to which those costs relate. 8.6 The parties acknowledge and agree that the lands identified as Park and Village Green blocks on the draft plans of subdivision that were submitted to the OMB at the hearing on Monday,September 9,2013,the lands identified as Community Park, Neighbourhood Park and Village Green on the Neighbourhood Plans for lands in Seaton in respect of which applications for draft plan approval have not be submitted (provided that such parks shall reflect the sizes shown on the Neighbourhood Plans)will collectively provide for sufficient land to fulfill all of the requirements for the conveyance of land for parks or public recreational purposes pursuant to sections 42 and/or 51.1 of the Planning Act for the development of all lands in Seaton for non- residential purposes and for residential purposes up to 18,887 SDEs. Notwithstanding the foregoing,where the Planning Act permits the taking of further parkland, or cash in lieu thereof, as a result of change of uses or further intensification, said provisions of the Planning Act shall apply in respect to residential development beyond the construction of 18,887 SDEs. • 83 ATTACHMENT# / TO REPORT# /0 .of. 0 -13 8.7 The parties agree that if the Province sells any of its lands within Seaton then its successor in title is to be treated as an SPL,except as otherwise provided for herein,and further that all of the funding obligations of the Province set forth herein will be adjusted accordingly such that all funding obligations associated with land in Seaton sold by the Province shall be assumed by the purchaser of such land, provided however that the Province's obligation at Section 8.5 will not pass to any successor in title. The SPL's obligations at Sections 5.1, 5.7, 5.8 and 5.9 will not pass to any successor in title if the Province sells any of its lands in Seaton. • ARTICLE 9 GENERAL PROVISIONS • 9.1 This Agreement, the schedules referred to herein constitute the entire agreement between the parties hereto as relates to the matters referred to herein, and supersedes all prior agreements, representations, reports, recommendations, statements, promises, information, arrangements and understandings, whether oral or written,express or implied,with respect to the subject matter of this Agreement. None;'of;the parties hereto shall be bound by or charged with any oral or written agreements, representations, reports, recommendations, warranties,statements;'promises, information, arrangements or understandings; as relates to the matters referred to herein, not specifically set forth in this Agreement or :in the schedules, documents and instruments to be delivered on;or before the execution of this Agreement. There is no collateral agreement, condition or term applicable thereto,other:than as expressed or referred to herein in writing. 92 The parties hereto may only amend this Agreement by further agreement in writing executed by all parties hereto 93 Any notices to be given under the terms of this Agreement shall be in writing and shall be given to the applicable.party by personal service or by mailing by first class mail with postage fully;prepaid or by facsimile at the number -:herein set forth;::in Schedule:"E" provided that where mailed, it shall be deemed;to be received on'the--.fifth Business Day following the date of mailing. 9.4 ``Time shall be of the essence Of this Agreement and every part thereof. 95 Nothing herein contained shall be deemed or construed so as to make any of the parties hereto partners,joint venturers or agents with or of one another. 9.6 This Agreement:,may be executed in counterparts; that is it shall not be necessary for all of the parties to have signed the same copy hereof. Signed copies of any Agreement executed in counterpart shall be forwarded to the City who shall hold them in escrow, subject to recall, until the City has received copies signed by all parties hereto. Upon receipt by the City of all executed counterparts, a binding Agreement shall be constituted among all the parties hereto and the City shall advise all parties accordingly. 9.7 All references to currency in this agreement shall be references to Canadian dollars. 9:8 Words importing gender include all genders. 9.9 The captions and headings contained herein are for reference only and in no way affect this Agreement or its interpretation. 84 ATTACHMENT# / TO REPORT# 9.10 In the event that any date specified or any date contempt ted"i 1 this U.S Agreement shall fall upon a day other than a Business Day, then such date shall be deemed to be the next following Business Day. 9.11 This Agreement shall be construed and enforced in accordance with the laws • of the Province of Ontario and the laws of Canada applicable thereto and shall be treated in all respects as an Ontario contract. 9.12 The Agreement shall enure to the benefit of and shall be binding upon the parties and their respective heirs,successors and permitted assigns. 9.13 Any successor in title to any party included within the SLG shall be bound by the terms of this Agreement as if it were an original signatory to this Agreement. Each party comprising the SLG acknowledges that the provisions of this Agreement run with title to their respective lands within Seaton,and each party, including the Province, covenants not to sell, transfer or otherwise alienate any of its lands within Seaton:unless the transferee agrees to be bound by the terms of this Agreement;providing, however,that this provision shall not apply to the purchasers of individual lots which are sold with dwellings erected thereon. Any::agreement of purchase and sale entered into by any party included within the SIG:shall require that, as a condition to the completion of thet,rahsaction,the purchaser shall execute an agreement that it shall be bound by the provisions of this Agreement. 9.14 This Agreement shall be registered against title.to all lands in Seaton owned by the SLG forthwith upon its execution by all parties. 9.15 The SLG shall execute such further assurances as may be reasonably necessary to give effect to this Agreement. [REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY] • • 85 ATTACHMENT# I TO REPORT# 0R-0 IN WITNESS WHEREOF the parties hereto have hereunto affixed their cor�tate OS—I� seals under the hands of their duly authorized officers in that behalf, and the other parties have hereunto set their hands and seals as of the day, month and year first above written. THE CORPORATION OF THE CITY OF PICKERING Mayor • Clerk We have authority to bind the City. HER MAJESTY THE-QUEEN in right of Ontario as represented by the Minister of Infrastructure as represented by Ontario Infrastructure and Lands' Corporation Per:`: -"Name: Title:,::: ;;Name Title. I/We have authority to bind the Corporation. 1133373 ONTARIO INCORPORATED Per. • Name: Title: Per: Name: Title: I/We have authority to bind the Corporation. LEBOVIC ENTERPRISES LIMITED Per: Name: Title: Per: • Name: Title: ' I/We have authority to bind the Corporation. 86 - ATTACHMENT# / TO REPORT#Clore() %s3 .of. c9A) Os r 13 AFFILIATED REALTY CORPORATION LIMITED Per: Name: Title: Per: Name: Title: I/We have authority to bind the Corporation. CHESTERMERE INVESTMENTS LIMITED Per: Name: Title: :: Per: Name: Title: I/We have authority:,to bind the Corporation. HUNLEY HOMES LIMITED :Per: Title: Per • Name: Title: I/We have authority to bind the Corporation. 1350557 ONTARIO LIMITED Per: Name: Title: Per: Name: Title: I/We have authority to bind the Corporation. ZAVALA DEVELOPMENTS INC. Per: Name: 87 ATTACHMENT# J TO REPORT#CA-0 Title: Per: Name: Title: I/We have authority to bind the Corporation. ZAVALA DEVELOPMENTS INC.,in Trust Per: Name: Title: Per: Name: Title: ..:<); I/We have authority to bind the Corporation. MATTAMY(SEATON)LIMITED' . Per• Name': Title: Per Name • Title:. I/We have authority to bind the Corporation. WHITE SUN DEVELOPMENTS LIMITED Per: Name: Title: Per: Name: Title: I/We have authority to bind the Corporation. 88 • AZ-TACHMENT# / TO REPORT# C, . Schedule"A" /5 .of. LAS-/3 Plan Depicting Ownerships in Seaton Schedule"B" Plan Depicting Seaton Phase 1 Schedule"C" Single Detached Equivalent Unit Factors Schedule"D-1" Seaton Internal Road Works Schedule"D-2" Seaton External Road Works Schedule"D-3" Regional Road Enhancements ;. Schedule"E'' Notice Particulars 89 °r SCHEDULE 'A' SEATON LANDOWNERS'GROUP LAND OWNERSHIP F .. ...... p IM - - .. ,,...- ,' i t.��� .... _.-.:.- .... X1..,1 HIGHWAY I. `1 -..1 ��hliLi� _�`,\ , _ A, 7- 0127 CMCD 1 Yy ±L\ vim` _ iii .■ èI . , � �F P • r'i Y- \I l s 'i4 r• u• ,-- •CIMIiEDTfD REALTY CORPORATION • ) )i' - ` >\\I # '.t® ® N` -"' "1 1-^ •too. INVESTMENTS LIMITED v J Z, / `1. '® ..e li[�I fl , +I'� [ +\)t- If ZAVALA DEVELOPMENTS, ® f. 'MD �,� s. ® I \I li m I IN TRUST � m 9j. I' F NI`a G� ` T iI _ 1133373 ONTARIO INC. ® . . �'® - ,/�iµ �\ fc-_.o —I'- 1+1 LEBOVIC ENTREPRISES o II ... !"'1 i ` 11 • +�� 1 I ® N ':LIMITED Ilf- , �• ,.,.--,-.1, ® •1 1 w I i�.. 5 LIM ED Y(SEATON) �Im I T ...., I a3? ∎ i(t WHITE SUN ,�791_ 111 - `� s 'I,W^I4 tbtleiti.''..,_ ,1 1/4 --CSt®f -4 L 4A t--‘.. ® .1l Fr•' � 1 :_..2 DEVELOPMENTS LTD V I 1tTE�T ` d1 y� ar ).:1 - - Hnev�LT AD-- INFRASTRUCTURE r.• it ,,T.0,,,." +.. .,,,." ,,,f,p OLID/+( ,1 ?R+(till!la...;-1,-54::-1-- F� - 11 - ® i 1i 1 t I ;, _- i. ONTARIO I�P S it I 3 a'e E(��aa - L`I`I :l �`II — �,.+_ NEIPANT S '�1 I� ) k::-.-L, @�I I i i .„jj r..� .i F y c i 1 1� \ 1-114.'•11 PI j 1 ® I' \..-.$:� M� ,� , II ;' ' 4{ Ir•�i r''...N m ■it „, .; _ .. ....,...,......., 1 F trL I -=1 fl, F I ZI `4O 24447 ' ■ I if loco, ® -_-;l,. 1' R r 1 0 ill LL -1111114App.._ YI -� F _ 1 O L-_,.;,,, q y T io r, LA �.j� DEPO LTG. _.,. ........„..e.1.0 . ki,...„.„3 , __ .0,4,iligtemai e ",R9•'I) �I � • a> It I II +� I ,, :%�f �Ij >�was r�s/ \ 1 rw�•.Lm.r�nm.4gh.• ® I wa vINIAN TI • Mir 11 IF4 I I i MI SEATON SURVEY • R, ,' / I'/./ —_ CONSOLIDATION . , j O SCHEDULE 'B' PLAN DEPICTING SEATON PHASE 1 :, 0�Ili, • .' Greens 1,-2 0, ,'/f/. •1 ` HIGHWAY? Brougham• Ir1 `', „ /` 1, I. _� I 1 'j % ') i/f Ll 111 !, r ' / ',, F` `Yj HiG !-.1 �J 1 ■ '�'r�i`I i 11 I�` .l 1�'--1- /J ♦,�_ ?-. " PHASE 1 LIVING AREAS '- *�� /, . V i 1 '''-'r - ' SUBSEQUENT PHASE(S)LIVING AREAS i ;1 _-- --� ,/=---- I a: "F-,... , _ -_ ll 1-PHASE 1 EMPLOYMENT AREAS ,� Y�I - I ` Iwi .r- .-M SUBSEQUENT PHASE(S) ,, "� � ti EMPLOYMENT AREAS i NATURAL HE SYSTEM `` ;'�%/ % ��� I HAMLET OPEN SPACE Y / /1 WHITEVALE RO \ ' ,iI .■), I/x'" �j/_ ___ I -�' `CESSION ROA• ll 1. ' �� V ,� p WHITEVALE GOLF COURSE �..,I,, r WHITEVA --•----•- SEATON BOUNDARY )11 • 1 1 rtoF LAIIIL' tic lir-4rtv � �` n 1 __ / ' 1 1p 1 p E y1 N. v I.a. 1 O f 0 300 4 00 800 BOO 1000 M 0 it CD C 1 .` ATTACHMENT# / TO REPORT#C`o OS-13 / .of. SCHEDULE"C" SINGLE DETACHED EQUIVALENT UNIT FACTORS Unit Type SDE Factor Low Density 1.0 Medium Density 0.793 • High Density 0.457 • • • 92 • • ATTACHMENT#J TO REPORT# CA--C f 7 .of. � • 0 5-/3 SCHEDULE "D-1"-SEATON INTERNAL ROAD WORKS Timing Gross Capital Cost Prj.No. PROJECT (year) Estimate($) 16 Sideline 24 Oversizing 2018 • 2,240,000 17 . Sideline 24 Within NHS 2018 2,300,000 18 New Structures for Sideline 24 2018 3,100,000 • 19 • Oversizing E-W Collector- SL 22 and 26 north of Taunton 2024 770,000 20 E-W Collector SL 22 and 26 north of Taunton with NHS 2024 460,000 • 21 Structures on E-W Collector north of Taunton 2024 800,000 New-3 Mulberry Lane Collector-(i.e.Road XI)-930 m 2016 651,000 New-4 Oversizing Fifth Concession Road,Brock Road to SL 16 2015 580,000 22 Oversizing Collector-SL 26 to Whitevale Bypass 2017 1,015,000 23 Collector-SL26 to White Bypass within NHS 2017 805,000 24 New Structure for Collector-SL 26 to Whitevale Bypass 2017 1,000,000 25 Oversizing E-W Collector-North Rd to Whitevale 2022 2,695,000 26 E-W Collector within NHS 2022 1,265,000 27 New Structures for above 2022 8,500,000 28 Oversizing Collector-above road to Whitevale Bypass 2015 630,000 29 Oversizing new road on existing Brock north of 3rd 2015 840,000 Internal Seaton Roads Sub-total 27,651,000 • • • 6257691 93 SCHEDULE "D-2" -SEATON EXTERNAL ROAD WORKS DC Recoverable Benefit to Gross Existing Non- Prj. Timing Capital Cost /Post Period Residential Residential No. Project (year) Estimate($) Capacity($) Total($) Share($) Share($) 72% 28% External Roads • 1 Sideline 16(North&South) 2018 3,200,000 160,000 5% 3,040,000 2,188,800 851,200 2 Valley Farm Rd Intersection 2016 800,000 200,000 25%. 600,000 432,000 168,000 Improvements - 2 intersections including signalization External Roads Sub-total 4,000,000 360,000 3,640,000 2,620,800 1,019,200 • •• rn Z --i O m • O • xt 6257691 0. 1 ) l}J ATTACHMENT# / TO REPORT#Cam ) • .of. 0 5--/3 SCHEDULE"D-3"—REGIONAL ROAD ENHANCEMENTS Timing Gross Capital Cost No. Project (year) • Estimate($) Regional Road Enhancements 9 Sidewalks and Streetlighting on Taunton 2018 1,748,000 10 a) Sidewalks and Streetlighting on Brock-from 5th Conc.to 407 2013 608,000 10 b) Sidewalks and Streetlighting on Brock-from Taunton to 5th Conc. 2017 760,000 11 Sidewalks and Streetlighting on SL22 2018 2,584,000 12 Sidewalks and Streetlighting on SL26 2015 1,368,000 13 Sidewalks and Streetlighting on Whitevale Bypass 2018 2,204,000 14 Sidewalks and Streetlighting on S Side of Hwy 7 2020 1,159,000 15' Trails on Regional Roads 2018 2,897,500 Regional Roads Enhancements Sub-total 13,328,500 • • • • • 6257691 95 • ATTACHMENT# / TO REPORT#CA-0 of. � 05-'75 SCHEDULE"E" NOTICE PARTICULARS TO THE CITY AS FOLLOWS: City of Pickering One The Esplanade Pickering ON L1V 6K7 Facsimile: (905)420-3534 Attention: City Solicitor Attention: City Clerk TO THE SLG AS FOLLOWS: North Pickering Community Management Inc. 30 Madras Place Brampton,ON L6S 2Z2 Facsimile: (905)458-9480 Attention: Mr.Andrew Orr Davies Howe Partners LLP 99 Spadina Avenue,5th Floor Toronto ON M5V 3P8 Attention: Mr. Daniel Steinberg and Mr.John Alati 1133373 Ontario Incorporated c/o Lebovic Enterprises Limited 12045 McCowan Road, Box 1250 Stouffville ON L4A 8A2 Facsimile: (905)640-7369 Attention: Mr. Lloyd Cherniak Lebovic Enterprises Limited 12045 McCowan Road, Box 1250 Stouffville ON L4A 8A2 Facsimile: (905)640-7369 Attention: Mr. Lloyd Cherniak 96 ATTACHMENT# TO REPORT# C0 e93 .of. /3 with a copy to: WeirFoulds LLP 4100-66 Wellington Street West PO Box 35,Toronto-Dominion Centre • Toronto ON M5K 1137 Facsimile: (416)365-1876 Attention: Mr. Michael McQuaid Affiliated Realty Corporation Limited c/o Masters and Masters 65 Queen Street West,Suite 440 Toronto,ON M5H 2M5 Facsimile: (416)361-6181 • Attention: Mr. Robert Masters and Mr.Russell Masters Chestermere Investments Limited c/o Robins,Appleby&Taub LLP Barristers and Solicitors 120 Adelaide Street West,Suite 2600 Toronto,Ontario M5H 1T1 Facsimile: (416)868-0306 Attention: Mr. Ronald Appleby Hunley Homes Limited c/o Metrus Developments Inc. 1700 Langstaff Road,Suite 2003 Concord ON L4K 353 Facsimile: (905)669-2134 Attention: Mr. Bruce Fischer 1350557 Ontario Limited c/o Brookfield Homes 7303 Warden Avenue,Suite 100 Markham ON BR 5Y6 Facsimile: (905)477-9001 Attention: Mr. Peter Nesbitt 97 • ATTACHMENT# TO REPORT# CA-0 cp .of. (9-c— Zavala Developments Inc. c/o Metrus Developments Inc. 1700 Langstaff Road,Suite 2003 Concord ON L4K 3S3 Facsimile: (905)669-2134 Attention: Mr. Bruce Fischer Mattamy(Seaton)Limited c/o The Mattamy Development Company 206-140 Renfrew Drive Markham ON M1X 1A1 Facsimile: (905)829-7844 Attention: Gary Gregoris White Sun Developments Limited 4576 Yonge St. Suite 500 Toronto,ON M2N 6N4 Attention: Mr. Robert Yanowski with a copy to: Harris,Sheaffer LLP Suite 610,4100 Yonge St. Toronto,ON M2P 2B5 • Attention: Mr. Robert Sheaffer Ontario Infrastructure and Lands Corporation 1 Dundas Street West,Suite 2000 Toronto,ON M5G 2L5 Facsimile: (416)327-3942 • Attention: Mr. Graham Martin,General Manager,Acquisition/Easements 98 ATTACHMENT# / TO REPORT# C .of. OS--�� with a copy to: Chappell Partners LLP • 20 Queen Street West,Suite 3310 Toronto ON M5H 3R3 Facsimile: (416)351-0002 Attention: Mr. David Flynn • 99 Cluj 00 AS 161r ' PICKERING - October 28, 2013 By-laws -7312/13 Being a by-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 11 and Lots 12 & 13, Plan 175, Part 1, Plan 40R-11659, City of Pickering (SP-2013-01 &A 2/13) [Refer to Joint Planning & Development and Executive Committee agenda pages 54 to 64] • • 100 • CLtq o� jam:. -- PICKERING October 28, 2013 Public Report on Confidential Meeting 1. Appointments to Advisory Boards and Committees That the recommendations considered at the Closed Meeting of Council confirming the following appointments of to the Accessibility Advisory Committee, the Advisory Committee on Diversity, the Heritage Pickering Advisory Committee and the Pickering Village Museum Advisory Committee be approved. • 101 C';fq o� _ Minutes Waterfront Coordinating Committee June 20, 2013 7:90 pm PICKERING Main Committee Room Attendees: J. Berry K. Corcoran J.Dike - K. Falconer P. Short-Galle S. Wiley D. Shields, City Clerk A.Mostert, Coordinator, Landscape &.Parks Development N.Gaffney, TRCA L. Roberts, Recording Secretary Absent: Councillor Dickerson—CityNeridian business Councillor O'Connell M. Robbins J. Veronneau Also Present: Larry DeBono Gord MacPherson, Senior Manager, Restoration and Environmental Monitoring Projects, TRCA Rein! '3et 1s Discussion Conclus oaa � Action}ltemslStatus Ref#WA r summa?." i sec.�usx...`.s i.�, '".��'-�a .7a-•�w �= ��'�. �..,„ --•--.r� � nclus�•d ae dyw e adlin e-St2an"s t' " ' . R _ . a pro rjate 7 0. Welcome=&Introductions D. Shields welcomed members and guests in attendance to the meeting. Agenda& mutes 7 � t� � Moved by K. Falconer • Seconded by J. Berry That the agenda as presented be approved. Carried Moved by J. Dike Seconded by K. Falconer That the Minutes of the April 18, 2013 meeting of the Waterfront Coordinating Committee be approved. Carried • Page 1 CORP0228-2102 ft ,J Uefa�ls &'�tsf ss on8 Concuson ` �4��� fiction jtems�Siva#us* H Ref t somPary ot iscusstorap * :E _ r t �a A1c` ig kagio. S r � =i `�sa'.� vw -s,L `>'�'t�"��'-•4.a �`�°�,,.: `�'� .-..€ 'L. t-`�,^n ^'t . .cam,_:?w-'�•.r.-=�-mss........_ r. �:c�°�.._..._v...-.�S:-. �..,�..s. k.'•-..>._.. .�:.... i._ .,F.�=:.. _.w.�3?^. _•.,,��s._...._,.., 0 IewfBusmess t 3.1) Harbour Entrance Reconstruction - A. Mostert provided an update with respect to the harbor entrance reconstruction. He noted a number of members had attended a walking tour today. Through the aid of a power point presentation, he outlined the dredging work that has done. He noted that the dredging contractor loaded the material on scows via an excavator on a barge. The dredged material is clean sand that has been placed on the west beach. TRCA is renting the same scows for moving the rock from the west to the east side and has retained the services of their tug boat to move the scows. This has sped up the process and made it safer for workers and boaters alike. N. Gaffney noted they are hauling 12 to'13 loads per day. Mr. Mostert noted that the west breakwater core is out the full length required and the east breakwater about halfway. The east half of the channel is also fully navigable. Larry DeBono stated he is quite pleased with the progress to date and is very appreciative of the efforts involved. He did indicate that the orange caution light at the west spit could pose a problem for boaters entering from the east and making a sharp turn. He suggested possibly using a red light as an alternative. J. Dike also noted there have been no problems going in and out of the Bay. It was also noted that this could extend the boating season. - i N. Gaffney noted over 100 residents had received newsletters and no calls had been received over the past two months. K. Falconer questioned whether the project was on schedule and on budget. 3.2) Frenchman's Bay Yacht Club Dredging &Wetland Creation J. Dike provided an update on the dredging being done at Frenchman's Bay Yacht Club. He indicated this project went well and was on budget. He also noted the dragon boats are practicing there now as well. • Page 2 CORP3228-2102 Ifem Details &�rscvssion - Conclrrs�on � r Gord MacPhearson, TRCA provided an outline of the wetland creation through the aid of a power point presentation. He noted they had been approached by the Frenchman's Bay Yacht Club to assist with their dredging. He stated this was a good opportunity to make use of the dredging materials for wetland restoration. He explained the techniques involved with the use of hydraulic equipment. He showed the wetlands area, explaining water levels and how they have changed as a result of erosion, and the methods used to improve the wetlands. 3.3) Duffins Marsh -TRCA • Gord MacPhearson, TRCA provided an overview of the Duffins Marsh work done by the TRCA through the aid of a power point presentation. Mr. MacPherson noted that the Duffins Creek restoration project is one of the most successful restoration • projects on the northern shores of Lake Ontario. He explained they are also working with the Pickering Power Station and Canadian Nuclear Safety Commission (CNSC), explaining the remedial measures in use to mitigate the impacts of fish and • algae which get caught around the shore of the power station; causing lost time at OPG. He stated their success in this with approximately an 89% reduction in fish impingement. Mr. MacPherson provided a brief history of Duffins Marsh, dating back to the 1930's, explaining the decades of changes with respect to vegetation and water levels. He noted the importance of restoring wetlands to create new habitats, stating . they are seeing improvements in the fish community along the waterfront. Discussion ensued with respect to the various species of invasive fish as well as the methods to restore vegetation and wildlife into the wetlands. A question and answer period ensued. J. Dike questioned • whether a new plan would be put in place when funding is available for the north end of Frenchman's Bay, and what kind of study or analysis would need to be done. P. Short-Galle noted that with the Federal Government announcing funding for fisheries, this could be a strategic time to pursue this project. Page 3 CORPO228-2/02 liemiy6 3 Deta r &13lscuss►on & aliarsior� �W7 r-ARieril risItrius t.: 2-, - ,.- ' x i , �ncrude deadbr�as y - fRef#o- itsumrnacy'of lscusslon) _ f{ 5:-7;: , ` ` ,e-c'- -' ''.-�'*' ... . °-'7- -�.x r - � "s'i... a.�y' ` .`. er '�4, It was questioned whether this would be connected to the Stormwater Management Plan or the Wetlands. G. McPherson noted the need to solicit support and comments from the public. He indicated that wetland restoration may be the better way to go. Moved by J. Dike Seconded by P. Short-Galle , That the Council of the Corporation of the City of Pickering support the Waterfront Coordinating Committee's request for - the Toronto and Region Conservation Authority (TRCA) to take another look at restoring the wetlands in the north end of Frenchman's Bay. Carried Discussion ensued with respect to the next steps. D. Shields noted she would discuss strategy with A. Mostert with respect to putting together a plan to proceed. 3.5) Eurasian Water-Milfoil Weed J. Dike provided an update with respect to the milfoil weeds in . Frenchman's Bay. He noted that while the water was very cloudy, the use of an underwater camera with lights enabled them to view the bottom of the bay, where very little aquatic life including Eurasian Water Milfoil was noted on the bottom. He also noted there were some dead weeds on the surface, with a few new plants being noted. He stated that due to the • weather conditions this year, with a combination of cooler temperatures, rain increasing the water levels and the sun not penetrating down to the bottom, the weeds are not as problematic this year. He stated they will look again in another three weeks and if nothing has changed, they will not be taking any further action this year, but will continue to monitor the situation. He stated that a certain density is required in order for the weevils to be effective. He also indicated that all concerned parties had been informed of their findings. 3.6) Linton Farmhouse A. Mostert provided an update on the addition and renovations on the Linton Farmhouse. He provided the members with drawings and stated that York Region has hired the consulting Page 4 CORP022&-2/02 Iferiagg fa6 ilrgP_-k u sfo n & Cnclu 10 a . 4ct►on ems 40-4 �kk rte t Sifg; P $ {l WAIM. c y � *lude leadGne as ^ "4=- r 4 �21m. T , i•, l " pproai6 f e • - „ fw .t.._ firm of Barry Bryan Associates in Whitby. He noted the exterior would be restored at this time with new windows, doors and roof. The addition would have materials that would complement the existing heritage aspect of the home and would also have accessible washrooms. He noted the interior would not be renovated at this time. He also stated they are currently waiting for York Region's legal department to prepare an agreement regarding use of the building. • K. Falconer questioned the lease agreement and whether York Region would be funding the interior restoration work. He requested that this be duly noted in the agreement. 3.7) Doors Open Program - A. Mostert noted a sub committee had been formed to participate in the Doors Open Program to be held on October 5th, 2013. He noted they had determined Progress Frenchman's Bay East Park as the location with use of the building on the premises in the event of inclement weather. He noted the following three components and associated volunteers to coordinate; • Historical component—Becky George from the Pickering Library • Natural component—TRCA • Recreation component—J. Venneau and J. Dike J.-Dike also noted there would be canoes, sailboats, the rescue . association as well as history available. It was questioned whether the restaurants in the area could be contacted to help market the event. It was also questioned if any additional volunteers would be needed. Members are welcome to participate. K. Falconer questioned whether there would be a conflict with the dates, as the Environmental Stewardship Pickering Forum was also tentatively scheduled for the same day. 5.0 Other Business 5.1) K. Falconer announced that the Nautical Village would be hosting a strawberry festival on Sunday, June 22"d from 2:00 pm to 4:00 pm. with local restaurants participating. Page 5 CORPO228-2102 , f ivimati awigavony 8i"Gonclusfon ` it f va oActronr/temtl status c ~E�f4 ;:- „, su pItir q,igi , _z F 1 r „, (inclvde.iieadI, as , -� :.. i v'-°'=°M» -'�£-. '- •-a y +. y '[..�-L.Y . fr-y, �. >. a°---•x e�,'"s.. . .;_ .-" . Discussion ensued with respect to the Nautical Village, and whether residents were aware Of its location. J. Dike questioned how this could be promoted to other areas in Pickering. N. Gaffney suggested this could possibly be incorporated into TRCA's newsletter having a broader circulation along the shorelines. P. Short-Galle noted the parking concerns already existing in the village and how an increase in residents attending the area. would affect this and how it would be addressed. 5.2) Discussion took place with respect to placing items on the agenda. It was suggested that the work plan be placed on each agenda for updating and tracking on an ongoing basis. 5.3) J. Dike questioned when a report would be coming forward on the pilot program regarding facilitators at meetings. - -Members also questioned workplan-items and placing them on — future agendas. D. Shields noted that comments from the participating Advisory Committees would be received and reviewed prior to a recommendation report. She also noted that members could request agenda items for inclusion at any time. 7 0,..' djoprn."nentlNext Meeting Next Meeting: September 19, 2013 Meeting Adjourned: 9:00 pm Copy: City Clerk Page 6 CORP022B-2102 - I Cal/00 Minutes/Meeting Summary • Accessibility Advisory Committee . °•ti �i=_; ; Wednesday, June 26, 2013 h •KER ING 7 pm Main Committee Room Attendees: J. O'Connell, Regional Councillor T. Arvisais M. Brenner A.Heywood-Delpeache T. Logan D. Sharma D. Tiemey S. Wilkinson D. Marlowe, Staff Representative R. Michaud, Recording Secretary P. Noronha-Waldriff, Staff Representative D. Shields, City Clerk Absent: K. Falconer S. Little I. Fogo P. McCafferty Iteml'. Details.4 Discussion& Conclusion Action Items/Status Ref#.,: .(summary of discussion) (include deadline as 2. , appropriate) 1. Welcome D.Shields D. Shields welcomed everyone to the meeting and introduced Dave Marlowe as the new staff representative for the committee. Dave was recently appointed as Accessibility Coordinator and will be taking over for Prem. D. Shields thanked Prem, on behalf of Committee members, for her continued dedication in promoting accessibility within the City and her assistance to the committee over the years. 2. Review and Adoption of Agenda • All The agenda was approved. - 3. Review and Adoption of Minutes All Moved by M. Brenner • Seconded by D. Sharma That the minutes of the May 22, 2013 meeting be approved. Carried Page 1 CORP0228-2/02 • 4. Post Event Recommendations P. Noronha Waldriff - 2013 Accessibility Awareness Event P. Noronha-Waldriff provided an overview of the Accessibility Awareness event held on June 1st at the Pickering Town Centre. She noted that the event itself was well planned and successful however, there was not a lot of traffic in the,mall on that day due to other events throughout the City. She suggested that the committee may want to consider running this event in December to coincide with the International Day of the Disabled Persons, wheh there would be more traffic in the mall or to combine the event with other City run events, such as Canada Day or the Pickering Recreation Complex Anniversary in September. She added that the City has hosted this event for 3 years now and there is a greater awareness and understanding within the community. T. Arvisais mentioned that the event was good, but agreed to the lack of people and that it may be best to hold it in December. M. Brenner indicated that the committee should wait until after the joint Wellness Forum in September before making a decision to move the event. The forum event will be more interactive with community partners. The committee could review in the fall and decide what type of events they wish to pursue for 2014. S. Wilkinson also agreed that it would be better to include it with other events. P. Noronha-Waldriff stated that accessibility is now included in every City events, therefore we may want to look at other options to create awareness. J. O'Connell agreed that we should consider combining the events with the City's events like Canada Day as there is a larger exposure and it's a great opportunity to interact with all residents. D. Shields agreed that the committee needs to join City events rather than be segregated within the community. The goal is to be more inclusive. Page 2 CORP0228-2/02 5. Update AODA-2013/2014 Implementations M. Brenner Update Regional AAC Chairs Meeting Update Regional AAC Chairs Meeting M. Brenner thanked the committee for the opportunity to attend the Regional AAC Chairs meeting and noted that each committee member should attend one of the meetings as they provide great insight on a regional level. • Highlights on items discussed: • Accessible Brochure—Town of Ajax M. Brenner circulated copies of the brochure that the Town of Ajax produced promoting accessibility. He enquired if the City of Pickering has a similar brochure and noted that this type of flyer could be prepared in house at very minimal cost. P. Noronha-Waldriff advised that the City does have one which is currently under review. • Roundabouts and Pedestrian Safety Reports —Town of Ajax M. Brenner provided an update on a report issued by the Town Clerk's office to email of Ajax in dealing with roundabouts and pedestrian safety. correspondence to Copy of the correspondence will be circulated to committee committee members. members for their information. • Sidewalks/Curb Cuts M. Brenner mentioned that the City of Oshawa or the Municipality of Clarington has implemented a different method for sidewalks/curb cuts and suggested that City staff may want to investigate further. • Joint Regional AAC Forum M. Brenner noted that this was discussed at the meeting and D. Marlowe to follow enquired if staff could confirm the date for the next event. P. up and advise Noronha-Waldriff mentioned that this is an annual meeting and committee members. is usually scheduled for September. M. Brenner advised that the next Regional AAC meeting is scheduled for August 7th if other committee members are interested in attending. D. Shields to confirm the date and canvass committee Clerk's office to members who wish to attend. If no one is available, she will confirm date of next attend on behalf of the committee. meeting and advise Update AODA - 2013/2014 Implementations committee members. M. Brenner enquired on the City's progress with regards to implementing the AODA requirements by January 2014. D. Page 3 coRP0228-2/a2 Shields advised that the City established a committee comprised of staff from each department to ensure that they meet target goals and compliance by 2014. S. Wilkinson asked if they could get an update from the City committee at the September meeting. D. Marlowe advised that the City committee has a complete D. Marlowe to provide spreadsheet outlining areas reviewed with a status update for copies at the each item and will p rovide copies at the next me et in g. September meeting. M. Brenner also enquired if the City has developed any employment strategies for hiring employees with disabilities and providing retraining where required. D. Shields mentioned that the Human Resources Division is part of the City's AODA implementation committee; therefore this item would be addressed within their mandate. Further information is available from Human Resources. M. Brenner further enquired about the employment demographics within the community. It was noted that the committee would have to research this from local employers. D. Marlowe mentioned that there are various programs for partnership with the City for employment opportunities for people with disabilities. M. Brenner noted that it would be better if employment was integrated into the workforce rather than special projects. 6. Correspondence Abilities Appreciation Dinner&Awards P. Norohna-Waldriff Correspondence received from the Mayor's Office with regards to the 1st Annual Abilities Appreciation Dinner and Awards being held on Thursday, December 3, 2013 in Scarborough. They are seeking sponsorships and nomination from community organizations. Mayor Ryan is scheduled to attend. After brief discussion, it was agreed that the committee would not be nominating anyone or attend the event for this year. 7. :Other Business All Article in the Oshawa Express Newspaper D. Shields distributed a copy of a recent article about lack of captioning for local programming. As previously discussed, this item will be addressed in 2014 once we have more information from Rogers. Page 4 coRP0228-2102 Temporary Disabled Parking Spots D. Tierney had a conversation with Kim Thompson with regards to increasing the number of disabled parking spots in the nautical village. D. Tierney stated that Kim Thompson advised 9 Y p that they cannot construct temporary spots at this location. Appointment to Durham Association of Family Respite Board Councillor O'Connell informed the committee that she has been appointed to the Board for a three year term. She is very happy to have been selected and eager to attend upcoming meetings. She will provide more information on this organization once she has had an opportunity to review their mandate and participate at meetings. Tax Credit for Seniors . S. Wilkinson mentioned that she had made a request for a guest speaker to provide information on the tax credits and grants available for seniors. D. Marlowe has been looking into this and is trying to coordinate a guest speaker in September or October. Moved by M. Brenner Seconded by S. Wilkinson That the meeting be adjourned. Carried Meeting Adjourned: 8:05 pm Copy: City Clerk Page 5 CORP0228-2/02 City 00 ts. Committee of Adjustment Meeting Minutes I R TiIT T Wednesday, September 4, 2013 7:00 pm Main Committee Room Present: Tom Copeland David Johnson —Chair Eric Newton Bill Utton Shirley Van Steen—Vice-Chair Also Present: Melissa Markham, Principal Planner— Development Review Lesley Dunne,'Assistant Secretary-Treasurer (I) Adoption of Agenda Moved by Bill Utton Seconded by Eric Newton That the agenda for the Wednesday, September 4, 2013 meeting be adopted. Carried Unanimously (II) Adoption of Minutes Moved by Eric Newton • Seconded by Shirley Van Steen That the minutes of the 10th meeting of the Committee of Adjustment held Wednesday, August 14, 2013 be adopted. Carried Unanimously II Page 1 of 4 • City a0 Committee of Adjustment = Meeting Minutes Wednesday, September 4, 2013 PI G 7:00 pm Main Committee Room (III) Reports 1. .P/CA 44/13 _ C. Shaw 1286 Commerce Street. The applicant requests relief from the following provisions of Zoning By-law 2511, as amended: • to permit a minimum 0.6 metre side yard width on the east side of the main building and a minimum 2.3 metres side yard width on the west side of the main building, whereas the by-law requires a minimum side yard width of 1.5 metres on one side and 2.4 metres on the other side • to permit a minimum 0.8 metre side yard width to an existing front porch on the west side of the lot, whereas the by-law requires a minimum side yard width of 2:4 metres • • to permit a maximum lot coverage of 37 percent, whereas the by-law permits a maximum lot coverage of 33 percent The applicant requests approval of these variances in order to obtain a building permit to construct a two storey addition in the rear yard with an unenclosed covered second storey balcony in the rear yard. The applicant also seeks zoning compliance for an existing front porch to encroach into the required side yard. Principal Planner—Development Review 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 all runoff from storm events must be contained on the applicant's property and not negatively affect adjacent properties. Written comments were received from the City's Chief Building Official indicating spatial separation calculations to be submitted as part of the building permit application to confirm adequate spatial separation between buildings. Written comments were also received from R. & C. Klinger of 1280A Commerce Street in objection to the application. Correspondence received from R. & C. Klinger expressed concerns with the height of the proposed deck and the overhang of the roof over the side deck which appears to enlarge the structure substantially. R. & C. Klinger questioned if the plan can be amended to have the deck limited to the front of the addition only, this would provide less intrusion to surrounding neighbours and help keep the street visually appealing. Page 2 of 4 • Cluj a0 Committee of Adjustment Meeting Minutes ; Wednesday, September 4, 2013 IC RING 7:00 pm Main Committee Room Principal Planner— Development Review informed the Committee that the application had been revised to remove the covered, unenclosed second storey balcony on the west side of the lot from the requested variances, therefore the comments received related to the side deck and roof overhang into the side yard are no longer applicable. The front façade of the existing dwelling will not be altered by the requested variances. Eric Whitney, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 44/13 by C. Shaw, be Approved on the grounds that the minimum 0.6 metre side yard width on the east side of the main building, the minimum 2.3 metres side yard width on the west side of the main building, the minimum 0.8 metre side yard width to.an existing front porch on the west side of • the lot and the maximum lot coverage of 37 percent is minor in nature, 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 second storey addition attached to the main building, as generally sited and in accordance with the Department recommended variances. 2. That the applicant demonstrates that the location of the proposed two storey addition meets the spatial separation requirements of the Ontario Building Code to the satisfaction of the Chief Building Official prior to receiving a building permit. 3. That the applicant obtains a building permit for the proposed construction by September 4, 2015, or this decision shall become null and void. Carried Unanimously • Page 3of4 ' Cal 00 Committee of Adjustment Meeting Minutes Wednesday, September 4, 2013 PI • RING 7:00 pm Main Committee Room (IV) Adjournment Moved by Bill Utton Seconded by Eric Newton That the 11th meeting of the 2013 Committee of Adjustment be adjourned at 7:05 pm and the next meeting of the Committee of Adjustment be held on Wednesday, September 25, 2013. Carried Unanimously l�-z. f Date Y - Chair "411111k i Assistant Secretary-Treasurer Page 4 of 4. qty 00 = Committee of Adjustment Meeting Minutes u=aun �11�1 i€sue== Wednesday, September 25, 2013 P �� C �� 7:00 pm Main Committee Room Present: Tom Copeland David Johnson— Chair Eric Newton Shirley Van Steen—Vice-Chair Also Present: Melissa Markham, Principal Planner— Development Review Lesley Dunne, Assistant Secretary-Treasurer Absent: Bill Utton (I) Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland That the agenda for the Wednesday,.September 25, 2013 meeting be adopted. Carried Unanimously (II) Adoption of Minutes Moved by Shirley Van Steen Seconded by Eric Newton • That the minutes of the 11th meeting of the Committee of Adjustment held Wednesday, September 4, 2013 be adopted. Carried Unanimously • Page 1 of 3 Cal 4 =- Committee of Adjustment Meeting Minutes X11 . A S — Wednesday, September 25, 2013 PI 7:00 pm Main Committee Room (Ill) Reports 1. P/CA 45/13 Eco-Tec Limited 1145 Squires Beach Road The applicant requests relief from the following provisions of Zoning By-law 2511, as amended: • to permit a minimum 5.0 metre side yard width on the north side of the main building, whereas the by-law requires a minimum side yard width of 7.5 metres The applicant requests approval of this variance in order to obtain a building permit to construct a 1,825 square metre addition to the existing industrial building. Principal Planner— Development Review outlined comments received from the City of Pickering City Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Control.Manager expressing no concerns. Marina Vrzalkovski, agent, and Bob Moore, Eco-Tec Limited, were 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 Eric Newton That application P/CA 45/13 by Eco-Tec Limited, be Approved on the grounds that the minimum 5.0 metre side yard width on the north side of the main building is minor in nature, desirable for the appropriate development of the land and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance apply only to the proposed addition as generally sited o_ n the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by . September 25, 2015, or this decision shall become null and void. Carried Unanimously Page 2 of 3 • CLtq oq 6 Committee of Adjustment Meeting Minutes Wednesday, September 25, 2013 PI 7:00 pm Main Committee Room Adjournment Moved by Tom Copeland Seconded by Shirley Van Steen That the 12th meeting of the 2013 Committee of Adjustment be adjourned at 7:05 pm and the next meeting of the Committee of Adjustment be held on Wednesday, October 16, 2013. Carried Unanimously OBI ` Date — _ _ _ Chair Assistant Secretary-Treasurer Page 3 of 3 • (';t,00 Minutes/Meeting Summary Pickering Museum Village Advisory Committee September 24, 2013 PICKERING 7:00 pm Main Committee Room—Civic Complex Attendees: Laura Drake, Chair, Pickering Museum Village Advisory Committee Brian James, Pickering Museum Village Advisory Committee Dragos Nita, Pickering Museum Village Advisory Committee Donald Hudson, Pickering Museum Village Advisory Committee Karen Emmink, Pickering Museum Village Advisory Committee Karen Chalmers, Pickering Museum Village Advisory Committee Paul Savel, Pickering Museum Village Advisory Committee Bill McLean, Regional Councillor, Ward 2 Massa Carpino, Director, Culture& Recreation Tanya Ryce, Supervisor, Cultural Services Mike Dwinnell, Supervisor, Facilities Operations Katrina Pyke, Coordinator, Museum Operations Devin Poole, Clerk-Typist(Recording Secretary) • Absent: Terry Arvisais, Pickering Museum Village Foundation Stuart Suckling, Pickering Museum Village Advisory Committee Graham Lowman, Pickering Museum Village Advisory Committee teml Details a&Discussion& Conclusion Action Items/Status at6-ffiaMtgaf6,A;0r4*066f.oatNzg:Zit000:Kgxit.gg.ek',!Ai:ikfdo':*:ai6g3eitip fi appropnafe) 1 ;::. . . :Call to Qrder and Welcome:_ .,, L.Drake congratulated staff and volunteers on the success of A Spirit Walk. 2:; Approval of Agenda;:& Minutes Motion: That the agenda for September 30, 2013 be approved. Moved by P. Savel Seconded by K. Chalmers Carried Motion: That the minutes for June 19,2013 be approved as amended by D. Nita Moved by P. Save! Seconded by K. Chalmers Carried Page 1 CORP022&-2/02 • 3 Capital-Projects Update M. Dwinnell provided updates on site projects: • picnic shelter is scheduled October 1 -22, 2013 • veneer stonework on the Collins House has been replaced • 2013 painting projects are complete • chimneys on the Miller Cole House are being restored • the foundation for the Craftsman Cottage was constructed in May: The Craftsman Cottage will be without power until 2014; however there is money in the 2014 budget to make it usable. To date, $65,000 has been spent on the Craftsman Cottage. • the bandstand project has been put off indefinitely; as it ' is sinking into the ground. Staff are considering storing the roof at the Operations Centre. Geotechnical studies will be done in October 2013 to support staff recommendations for suitable locations for the Oddfellows Hall as well as the bandstand. The cost of the initial soil sample is $2,000 and each subsequent sample is $500. The study will run from the Blacksmith Shop to the fence line. • ._.the estimate_to move the Oddfellows Hall ranges from M.Dwinnell to book in $280,000 to $320,000, which has been budgeted for the soil sampling in- ---_- _ 2014 fiscal year. October L. Drake advised the committee that the PMV Foundation has funds that they can use towards the cottage.-T.Ryce advised that she sent out a list outlining where the bingo funds can be List to be provided to used. L.Drake by staff M. Carpino notified the committee that the new Visitor Services Centre, the Gas &Steam Barn, and the Feasibility Study are in the capital forecast. 4 PMV F.oundation;Report No report- PMVF representative was absent • 3 . .Sub Committee Reports Feasibility Study Update . K. Chalmers advised the committee that the cost for the • feasibility study ranged from $25,000- $80,000. T. Ryce has requested final comments from the Feasibility Study Committee on the proposed RFQ for October 16 and provided packages of similar documents for comparison. • T. Ryce advised that there is currently$30,000 of contingency Page 2 CORPO228-2/02 • money that has been allocated for the study; however she proposes removing these funds so they can be allocated to another project in 2014. Collections Sub-Committee Update Motion: That the Advisory Committee approve the acquisition of the following items into the Pickering Museum Village Core Artifact Collection, as recommended by the Collections Sub- Committee: • Cornerstone salvaged from 1911 brick school house at Sideline 30 (Federal lands); • Books and.photographs from the Seebeck family of • Locust Hill; • Date stone salvaged from 5170 Sideline 22, Claremont (Federal lands); and • Wool blanket and photographs of the Bentley family. Moved by: P. Savel Seconded by: K. Emmink • Carried • P. Savel advised the Committee that a priority score sheet has been developed based on other museums' criteria. Each item is given a value based on the following: • the item has a strong link to Pickering • written documentation exists • uniqueness • rarity, condition, and vulnerability Once the values are determined the numbers are all calculated and scored out of 4. The committee tested the effectiveness of the score sheet with an artifact, and were pleased with it. P. Savel advised that the committee will begin meeting more frequently to move forward on the artifact prioritization project and will target those artifacts with known provenance. K. Pyke informed the committee that this process is being put into place to determine artifact salvage priority in the event of a flood or a fire. P. Savel brought forward discussion regarding a written request from Ken Middleton, through Harold Quinton, Gas &Steam Club Crew Leader. P. Savel advised the committee that the items can stay on the family's farm in Amprior until the farm is sold, and that temporary storage from museum partners can be negotiated until proper storage can be created at the museum Page 3 CORP0228-2/02 • • for these objects. • The Collections Sub-Committee has reviewed the request, and feels that these objects have strong provenance to Pickering and every piece in the collection is in exceptional condition. P. Savel advised that there would only be transportation costs associated with the acquisition of this collection. Discussion of whether foundation would be approached to fund transportation costs of the artifact from Bingo Monies. D. Hudson asked if Princess would become irrelevant. K. Pyke purchased advised that Princess wa s purc through g a g rant and therefore her use and maintenance would be subject to terms and conditions under which she was acquired; the museum may need to keep the engine, but all options would be considered. Motion: That the Advisory Committee approve the acquisition of the following items of the Middleton Collection, all from Claremont, ON, into the Pickering Museum Village Core Artifact Collection, as recommended by the Collections Sub-Committee: • 1928 Waterloo Steam Traction Engine in original condition and accompanying water wagon • Composite Lister—Tractor and associated-Buzz uzz aw • Buggy • Cutter • • Miscellaneous tools and related bits. Moved by P. Savel Seconded by K.Chalmers • Carried P. Savel reported that Ellen Tayles, the PMV Conservator has nearly completed the interior inventory of the objects in the Gas & Steam Barn. • Special Events Sub-Committee Update L. Drake reported to the committee that 567 people attended "A Spirit Walk", which took place over 6 nights. The revenue from these shows was $5,469.10 and the revenue in the gift shop • was $458.82, resulting in a net profit of$3,002.34 for this event. ' P. Savel raised a concern regarding the purchasing of the tickets on the estore. K. Pyke notified the committee that this issue has already been flagged and staff will be working to resolve it. K. Pyke to update on estore resolutions. • K. Pyke advised the committee that it's a huge commitment to Page 4 CORP022&-2/02 run this show however the show is a go for next year. L. Drake suggested that the committee start doing research now on how they can run other similar programs for future years. She suggested looking into grants to assist with the financial aspect of the programs. K. Pyke advised that Mandy Smiles has finished all the event reports and they will be presented at the next meeting. ttateg c Plan 4.4.0: Ideas _:;;. 2 minute presentations from each member of the advisory committee to present ideas on how items in the strategic plan could be assisted to move forward. D. Hudson —we need to do a competitive analysis of'sales with other museums as well as conducting a survey with other museums. Should include expenses, total salaries, average maintenance cost per building. This information will give us some comparable costs against the other museums. K. Chalmers—One of our largest assets is our volunteers therefore we need to do more for them. We need to promote the museum as the community centre to the north through socialization. No other museum haS thenumber of v0 unteers that we do. Councillor McLean—We all agree that what we've done is good however'measuring success has always been a difficult task.: It's always been a challenge to get people through the doors. Once you get them through the doors they'll come back a few times. People need to realize that there's a ton of activities to do at the museum. M. Carpino -We need to make more efficient usage of our money. The number of people that attend the museum events isn't balancing out with the cost of those events. We need to look at spending our dollars more wisely. T. Ryce— Having a better view of what it is that we're achieving will assist with future planning. Continued reporting on events, programs and attendance along with completion of the advisory committee non-users survey will assist with effectively moving goals forward. K. Pyke—Two goals to focus on: 1)Would like to streamline the way we run programs and special events by creating achievable goals. 2) More dedication is needed for research because it always gets put on the back burner. Without adequate research we're not properly supporting our museum Page 5 CORP0228-2/02 • program development. Everything we do comes back to research. K. Emmink-A lot of the reason there isn't enough time is because there isn't enough staff. M. Dwinnell- He felt that continuing with the building survey reports would give us a better ability to budget for future expenses, maintenance and repairs. P. Savel-The collections need more storage seeing as we can't take care of all our items right now. With the new welcome centre we need to make sure that we have adequate storage space. D. Nita-We need to implement what's going to happen at the visitor centre. The committee needs to get together and discuss the financial figures to see if they reflect what we're planning to • do. B. James-The onus is on us to justify the funds that we need. We need more information on why people aren't coming to the museum. L-Drake.._We need-to get our documents-updated. - -- - - - - - Sustainability through succession planning. We need to look at who we're training in the event that staff decide to leave the museum. We need to start planning for the right people down the road. 2014:Budet_Prnposals M. Carpino distributed 2014 capital budget proposal and advised the committee that this is the meeting to make the recommended changes. 2014-Craftsman Cottage -$35,000 has been allocated for the Craftsman Cottage in 2014. The City ran out of funds in the budget for 2013. Oddfellows Hall has been put into the budget for 2014. The PMV Foundation requested not to exceed their$80,000 budget for the Visitors Centre. M. Carpino advised that$30,000 is being taken out and suggested that they don't reallocate the funds. • M. Dwinnell informed everyone that the Craftsman's Cottage Page 6 CORP0228-2/02 has an extensive list of items that must be addressed therefore the $35,000 in the budget must go a long way. Councillor McLean—focus should be placed on Oddfellows Hall because once we lose it, it's gone. It's an integral part of the museum. The structures that we have we can't let a season go without repairing them. Motion: • That the 2014 proposed capital budget be accepted as amended with $30,000 being removed from the budget. • Moved by D. Hudson Seconded by B. James • Carried M. Carpino reviewed and distributed the Capital forecast for 2015-2018. Motion: That the Capital Budget forecast from 2015—2018 be approved as presented. Moved by P. Savel Seconded by K.- Carried M. Carpino distributed a draft current budget and advised the committee that the proposed expenses have increased by 16% from last year whereas the revenue has increased by 7%.. She • further advised that the increase was larger than the committee can expect to be endorsed at the next stage of budget review, and that recommendations for cuts will need to be discussed. K. Pyke advised that we need to look at the special events budget as a whole rather than individual lines; that there are stakeholders that we are accountable to consider before we make any major changes. T. Ryce advised that staff are currently reviewing the annual events and changes can be expected to be presented at the • next meeting. K. Pyke informed the committee that there has been an increase in the number of people attending Kids in the Village as well as History in Action Saturdays. Following discussion, viable cuts were discussed, bringing expenditures into the range of an approximate increase of 3%. Page 7 CORPQ228-2102 • Motion: That Advisory Committee approve the budget with the amendments recommended. Moved by P. Save! Seconded by D. Hudson Carried Next meeting-October 22, 2013 at 7:00 pm at Pickering Civic Complex-Main Committe Room. Motion: This meeting is adjourned at 9:45 pm Moved by P. Savel. Seconded by K Chalmers Carried Meeting Adjourned: 9:45 pm Copy: City Clerk • _--_ ____-____- -__ ___ - _ --_-___-_-_'__ • Page °""P"^^°_°"^ •