The URL can be used to link to this page

Home My WebLink AboutDecember 15, 2014�`; -, � ,,,,.�� ,,��_ _ ,��= ,�i;_� �.:.-��„ ��-:-::-::. Council Agenda Monday, December 15, 2014 Council Chambers 7:00 pm Anything highlighted denotes an attachment or link. By clicking the links on the agenda page, you can jump directly to that section of the agenda. To manoeuver back to the agenda page use the Ctrl + Home keys simultaneously, or use the "bookmark" icon to the left of your screen to navigate from one report to the next. p,��jj�� For information related to accessibility requirements please contact � I�� h �� Linda Roberts � Phone: 905.420.4660 extension 2928 IV TTY: 905.420.1739 Email: Iroberts@pickering.ca .. _, ,.,n �I�It:-- ��"�4��i i,,- �--��.�� 5:15 pm In Camera Council Meeting I) Invocation II) III) • •' � • � .Y • •. �' •'' 1 � • , •- f 1 . Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. Disclosure of Interest Adoption of Minutes Council Meeting Minutes, September 15, 2014 Inaugural Meeting of Council, December 9, 2094 Joint Planning & Development and Executive Committee Minutes, December 8, 2014 � Special Council Minutes, December 8, 2014 IV) Presentations V) Deleqations VI) Correspondence Corr. 20-14 Corr. 21-14 VII) Committee Reports Paqe 1-20 21-22 23-30 31-32 �c�c3 34-37 38-43 Report 2094-08 of the Joint Planning & Development and Executive Committee VIII) Reports — New and Unfinished Business Report CLK 06-14 Report CLK 07-14 Report CLK 08-94 44-172 J��fb(� � For information related to accessibility requirements please contact PI �K EF� N� Linda Roberts � Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: IrobertsCa�pickerinQ.ca Report CLK 09-14 Report FIN 26-14 Report ENG 23-14 Report PLN 24-14 Report CR 13-14 IX) Motions and Notice of Motions X) Bv-laws XI) Confidential Council - Public Report XII) Other Business XIII) Confirmation Bv-law XIV) Adiournment For Information Only 173-215 � • Minutes of the Advisory Committee on Diversity, February 13, 2014 • Minutes of the WaterFront Coordinating Committee, April 15, 2014 • Minutes of the Committee of Adjustment, September, 3, 24th, October 15, and November 5; 2014 ., >= —� � �r� r�'=��1= 7 � ' . fy.. y�—,_�.ra'+�a'7.'— :.::� ��.� � :11►� Present: Mayor Ryan Councillors: K. Ashe D. Dickerson B. McLean J. O'Connell D. Pickles P. Rodrigues Also Present: T. Prevedel P. Bigioni M. Carpino , R. Holborn T. Melymuk J. Yoshida D. Shields , C. Rose M. Gadzovski R. Pym M. Pearce L. Roberts (I) Invocation ��) • � �:• � .. �'. • � . ��. � ' . � �.. ' 1 � -' . .. - Chief Administrative Officer - Director, Corporate Services 8� City Solicitor - Director, Culture & Recreation - Director, Engineering & Public Works - Director, City Development - Deputy Fire Chief - City Clerk - Chief Planner - Manager, Water Resources - Principal Planner, Development Review - Coordinator, Environmental Awareness - Committee Coordinator Mayor Ryan called the meeting to order and Jed Council in the saying of the Invocation. " Disclosure of Interest Councillor McLean declared a conflict of interest with respect to By-law No. 7383/14 regarding Marshall Homes as he owns property adjacent to the site. (III) Adoption of Minutes Resolution #269/14 Moved by Councillor Dickerson Seconded by Councillor Pickles 1 1 , '- �.� � �' _ , m� �-�•�'•-n'3 �:�.'3.1� _ �� i�.�� (iV) (V) 2 � Council Meeting Minutes Monday, September 15, 2014 7:00 PM - Council Chambers In Camera Council Minutes, July 14, 2014 Council Meeting Minutes, July 14, 2014 Planning & Development Committee Minutes, September 2& 8, 2014 Executive Committee Minutes, September 8, 2014 Carried Presentations Presentation of Plaque Adopt a Park, Glen Ravine Park Pickering West Shore Community Association Mayor Ryan recognized the Pickering West Shore Community Association for supporting the Adopt a Park program and adopting Glen Ravine Park. Mayor Ryan introduced Michelle Pearce, Coordinator, Environmental Awareness, who provided an outline of the Adopt a Park Program. Mayor Ryan, together with Councillors Ashe, Dickerson and O'Connell and presented a plaque to the Pickering West Shore Community Association. Delegations Mike Newman Giant Hogweed Mike Newman appeared before Council to provide background information and raise awareness of the invasive weed known as giant hogweed. He explained how the weeds spread and the difficulties with finding ways of eradication. He noted that the giant hogweed is on the list of noxious weeds and that toxins in the weed can cause serious skin irritations, and can be spread quite easily if not handled correctly. He stated that funding from the Province was at one time available to assist with eradication, but that has now been withdrawn. He requested that Council seriously consider setting aside funds in the amount of $50,000 to help eradicate this noxious weed. He also noted this is a real threat to the City's parks and waterways as well as the health of all residents who may come in contact with it. A question and answer period ensued with respect to funding, areas of concern and means of eradication. Maria Galvan, Executive Director, Caribbean Festival Re: Report CR CR 12-14 Maria Galvan appeared before Council and through the aid of a power point presentation, she outlined the details for a 2015 Durham Caribbean Festival 6eing 2 [c3 0 ji: I � �"j_, /I ��p�� ,..�� .. �.�7=;-�-i�u�� .rr �� 1,-�. „ = v�. "Ii �I .mn 1�.3s� / ' .... : a a • � � � � . � �� ! � � �. � � � � • � ;' organized for June 20 and 22, 2015. She noted this would showcase Caribbean culture, promote diversity and would be a family focused event open to everyone. She noted that the organization was seeking approval to host the event at Esplanade Park. A question and answer period ensued. Leon Presner, Chair, Rotary Club of Pickering Re: Report CR 19-14 Leon Presner appeared before Council on behalf of the Rotary Club of Pickering. Through the aid of a power point presentation, he provided an outline of their 15t annual Pickering Rotary Wing Festival, outlining their vision to create a partnership with the City of Pickering for another family event. He noted the challenges with marketing and promotion of the event, explaining the benefits of a partnership with the City. Mr. Presner also noted proceeds from the event assist the many charities and initiatives within the City. ` Lana Reeve Re: Report PLN 21-14 Durham Live Lana Reeve, 862 Antonio Street, Pickering, appeared before Council in opposition to the Durham Live application. She felt that any decision on this application should not .be made until after the results of the referendum are known. She noted she had heard many concerns with respect to this,application and referenced statistics as well as studies done on addiction research and problems with gambling and the resulting social costs on the community. She requested that Council take the time to do further studies. 5. Sue Quackenbush Re: Report PLN 21-14 Durham Live Sue Quackenbush, 506-1210 Radom Street, Pickering, appeared before Council in opposition to the Durham Live application. She noted that previous experience indicated that residents feel hopeless when asked their opinions, as they feel decisions have already been made. She indicated this could be why people do not respond. She also noted that she has not heard of anyone interested in this application and questioned why the City could not work in harmony with existing facilities. She felt this was a huge project which required much diligence, noting the decision should not be rushed, and also felt that more community information meetings could have been held, possibly on a Saturday when more people could potentially be available. 3 K3 . , ---- __��,=_„ � r,`�-i� u�"Y��o�m:j < _�.'='-�4 � �.� c i� 6. lan Cumming Re: Report PLN 21-14 Durham Live Council Meeting Minutes Monday, Septem ber 15, 2014 7:00 PM - Council Chambers lan Cumming appeared before Council in opposition to the application, stating that Ajax Downs has a contract in place until 2018, thereby questioning when the first jobs would be realized from Durham Live. 7. Dayna Gilbert Re: Report PLN 21-14 Durham Live Dayna Gilbert, Planning Alliance, appeared before Council on behalf of the applicant, providing an overview of the application as well as supporting studies provided and revised studies submitted to date. She outlined the recommendations of the report and provided an explanation with respect to the holding provisions. A discussion period ensued with questions raised regarding public consultation. Clarification was requested with respect to the development of the lands with or without a casino, the number of jobs that would be created, potential revenues as well as projected start times for the project. Clarification was also provided with respect to whether or not the client could move forward on approval of the recommendations or would require approval of the implementing zoning by-law in order to proceed. Katarzyna Silwa, Pickering Development Planning Alliance appeared to clarify questions raised with respect to an appeal process. Resolution # 270/14 Moved by Councillor McLean Seconded by Councillor Rodrigues That the rules of procedure be suspended in order to hear additional delegations i� 4 Carried on a Recorded Vote as Follows ., ; ��-- r� �:�,--a�,�.-;�j� �� . ��; „�7�� ,. � � ', Yes Councillor Dickerson Councillor McLean Councillor O'Connell Councillor Pickles Councillor Rodrigues Mayor Ryan 8. Murray Chusid Re: Report PLN 21-14 Durham Live E • � !• �. ' � � 1l� � � � � � !• l' ' No Councillor Ashe Murray Chusid appeared before Council on behalf of Picov Downs Inc. stating that in their view, this application appears to be all about the casino, which requires approval from OLG. He stated no decision has been made to appeal any implementing zoning by-law. He stated that any decisions respecting approval for a casino would not occur until such time as an RFPQ has been issued, noting this is an extremely thorough process which will take many months. A question and answer period ensued with respect to holding zones. Resolution # 271/14 Moved by Councillor Dickerson Seconded by Councillor Pickles That the rules of procedure be suspended in order to hear additional delegations Yes Councillor Ashe Councillor Dickerson Councillor McLean Councillor Pickles Mayor Ryan Keith Falconer Carried on a Recorded Vote as Follows No Councillor O'Connell Councillor Rodrigues Keith Falconer appeared before Council in support of the application for Durham Live, noting he felt a decision on this application should be made tonight, stating it needs to go through the process. � 5 1� ' ��=��i� ,;--- ��_; .. m- ��.� .�i:�: � �, � �', A question and answer period ensued. Resolution # 272/14 Moved by Councillor O'Connell Seconded by Councillor McLean Council Meeting Minutes Monday, September 15, 2014 7:00 PM - Council Chambers That the rules of procedure be suspended in order to change the order of the agenda to hear New and Unfinished Business as the next item. Carried on 2/3 Majority (VI) New and Unfinished Business 1. Director, Culture & Recreation, Report CR 12-14 Durham Caribbean Festival -Request to Permit the use of Esplanade Park Resolution #273/14 Moved by Councillor Dickerson Seconded by Councillor O'Connell That Report CR 12-14 of the Director, Culture & Recreation regarding the request of the Caribbean Event Organization of Ontario to permit the use of Esplanade Park for the 2015 Durham Caribbean Festival be received; 2. That Council authorize staff to permit the use of Esplanade Park to the Caribbean Event Organization of Ontario from June 20 to 22,.2015 (inclusive) for the Durham Caribbean Festival on terms and subject to conditions satisfactory to the Director, Culture & Recreation and the Chief Administrative Officer; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. 2. Director, Culture & Recreation, Report CR 18-14 Pickering Food Truck Festival -Request to Permit the use of Esplanade Park Resolution #274/14 � 0 Carried 3. . � _= , , ,��=:�i�� ,- ,., - )�+. _�+. 3 �ss�J��a �.� � :1►� Moved by Councillor Dickerson Seconded by Councillor O'Conneil • � • �. -� - •- 1 � i � - . .- 1. That Report CR 18-14 of the Director, Culture & Recreation regarding the request of the Canadian Food Truck Festivals to permit the use of Esplanade Park for the 2015 Pickering Food Truck Festival be received; 2. That Council authorize staff to permit the use of Esplanade Park to the Canadian Food Truck Festivals from August 21 to 24, 2015 (inclusive) for the Pickering Food Truck Festival on the terms and subject to conditions satisfactory to the Director, Culture & Recreation and the Chief Administrative Officer; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Carried Director, Culture & Recreation, Report CR 19-14 Pickering Rotary Wing Festival -Request to Permit the use of Esplanade Park Resolution #275/14 Moved by Councillor Dickerson Seconded by Councillor O'Connell 1. That Report CR 19-14 of the Director, Culture & Recreation regarding the_ request of the Rotary Club of Pickering to permit the use of Esplanade Park for the 2015 Pickering Rotary Wing Festival be received; 2. That Council authorize staff to permit the use of Esplanade Park to the Rotary Club of Pickering from September 10 to 14, 2015 (inclusive) for the Pickering Rotary Wing Festival on terms and subject to conditions satisfactory to the Director, Culture & Recreation and the Chief Administrative Officer; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. 7 Carried 7 . , --= , �_ ��--'�"�� ' 7,-i_. �'- ]y`'�+"` .:5�-`� i'�:3T.� � � /� � Council Meeting Minutes Monday, September 15, 2014 7:00 PM - Council Chambers 4. Director, Corporate Services & City Solicitor, Report LEG 08-14 Declaration of the remaining portion of Tracy Street, Plan 94, Pickering as surplus and stopping up and closing Tracy Street for the Purpose of Sale to Jenna Fawcett and Jonathan David Smith Resolution #276/14 Moved by Councillor Dickerson Seconded by Councillor O'Connell 2 3 5 That the remainder of Tracy Street, Plan 94, Pickering be declared surplus to the needs of the City and that City staff begin the process of stopping up and closing the remainder of Tracy Street, Plan 94, Pickering, for the purpose of sale to Jenna Fawcett and Jonathan David Smith subject to any required easements, in accordance with the provisions of the City's Acquisition and Disposal of Land Policy; That the Mayor, City Clerk, and Director, Corporate Services & City Solicitor be authorized to execute all relevant documentation necessary to give effect to the foregoing; and That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. ' Carried Memo From Kimberly Thompson, Manager, Municipal Law Enforcement Services Re: 2014 Toys for Ticket/Food for Fines Approval � Resolution #277/14 Moved by Councillor Pickles Seconded by Councillor Dickerson That the Toys for Tickets/Food for Fines program be approved; and 2. That parking tickets issued befinreen Decem.ber 1-15, 2014 be eligible. Carried (VII) Committee Reports a) Report PD 2014-08 of the Joint Planning & Development and Executive Committee 0 E: ., := .�. ,�.-�-�,x�'_ u�� r�' 1' , � ""� 1 3 �. �� A �-..�� / 1 Director, City Development, Report PLN 16/14 Zoning By-law Amendment Application A 4/14 C. Bollmann 3325 Highway 7 Council Decision � • • �. -� - �- � •' ' � � � , � • - That Zoning By-law Amendment Application A 4/14, submitted by C. Bollmann, to permit a dog daycare and boarding facility with associated retail use on lands municipally known as 3325 Highway 7, be approved, and that the draft Zoning By-law Amendment as set out in Appendix I to Report PLN 16-14 be forwarded to Council for enactment. 2. Director, City Development, Report PLN 17-14 Zoning By-law Amendment Application A 5/14 Marshall Homes (Copperfield) Ltd. 1283 Wharf Street Lot 20, Plan 89 Council Decision That Zoning By-law Amendment Application A 5/14, submitted by Marshall Homes (Copperfield) Ltd., to amend the zoning on lands being Lot 20, Plan 89 in order to facilitate a residential development consisting of four townhouse units be endorsed with the provisions contained in Appendix I to Report PLN 17-14, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment. 3. Director, City Development, Report PLN 18-14 City of Pickering Protocol for Radiocommunication and Broadcasting Antenna Systems (Cell Tower Protocol) Council Decision That the City of Pickering Protocol for Radiocommunication and Broadcasting Antenna Systems (Cell Tower Protocol) dated September 2014, as set out in Appendix 1 to Report PLN 18-14, be approved; and 2. Further, that industry representatives, resident associations and other interested parties be advised of the City's approved Protocol, and that the approved Protocol be made available through the City's website. � 0 .� == ��i�� " .�_ � �: _—, m=-;�,� �_�_� �1.�� yl� Council Meeting Minutes Monday, September 15, 2014 7:00 PM - Council Chambers 4. Director, City Development, Report PLN 20-14 Draft Plan of Subdivision Applications SP-2013-03 & SP-2014-02 Draft Plan of Condominium Application CP-2014-02 Zoning By-law Amendment Application A 6/13 E. Ovide Holdings (Altona) Inc. Parcel A- 199, 207, 215, 219 and 223 Finch Avenue Parcel B- 1978 Altona Road Parcel C- 1973 and 1981 Altona Road ' Parcel D- 335 and 339 Finch Avenue Council Decision 1. That Draft Plan of Subdivision Application SP-2013-03, submitted by E. Ovide Holdings (Altona) Inc., on lands municipally known as 199, 207, 215, 219 and 223 Finch Avenue and 1978 Altona Road, to establish a residential plan of � subdivision consisting of 12 lots for detached dwellings, 4 blocks for 22 townhouse units, a block for Finch Avenue road widening and the extension of Shadow Place, as shown on Attachment #2 to Report PLN 20-14, and the implementing conditions of approval, as set out in Appendix I, be endorsed; 2. That Draft Plan of Subdivision Application SP-2014-02, submitted by E. Ovide Holdings (Altona) Inc., on lands municipally known as 1973 and 1981 Altona Road, to establish a single development block to facilitate a common element condominium consisting of 40 townhouse units, as shown on Attachment #3 to Report PLN 20-14, and the implementing conditions of approval, as set out in Appendix II, be endorsed; 3. That Zoning By-law Amendment Application A 6/13, submitted by E. Ovide Holdings (Altona) Inc., to implement the Draft Plan of Subdivision SP-2013-03 and SP-2014-02 and for lands municipally known as 335 and 339 Finch Avenue, be endorsed with the provisions contained in Appendix III to Report PLN 20-14, and that staff be authorized to finalize and forward the implementing Zoning By-law Amendment to Council for enactment; 4. That the Rouge Park Neighbourhood Development Guideline Figure A- Tertiary Plan, as shown on Appendix IV to Report PLN 20-14, be amended by deleting the future road connections from Finch Avenue to Shadow Place and from Finch Avenue to Altona Road, and deleting the potential heritage home symbol on lands municipally known as 1973 Altona Road; 5. That Region of Durham be requested to advance the timing for the urbanization of Altona Road generally located between Stroud's Lane and Finch Avenue; and 10 10 , , r�= -,-�s ,� ,—i� �a = : :. - ��.��- .rroJ�.s , �� • � • . ' � � • � � � '� � �� : �� • �� l' �' 6. Further, that staff be directed to design and determine the cost of installing sidewalks along Altona Road from Finch Avenue to Sparrow Circle for consideration through the 2015 Capital Budget process. 5. Director, Corporate Senrices & City Solicitor, Report LEG 07-14 946037 Ontario Limited, Plan of Subdivision 40M-2402 -Final Assumption of Plan of Subdivision Council Decision That Wingarden Crescent and Shade Master Drive within Plan 40M-2402 be assumed for public use; 2. That the works and senrices required by the Subdivision Agreement within Plan 40M-2402, 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 Blocks 13 to 22; and 3. That the Subdivision Agreement and any amendments thereto relating to Plan 40M-2402 be released and removed from title, save and except from Blocks 13 to 22. Resolution #278/14 Moved by Councillor Pickles Seconded by Councillor Dickerson That Report 2014-08 of the Planning & Development Committee meeting held on September 2& 8, 2014, be adopted, save and except Item 6. Carried Council took a ten minute break and reconvened at 9:18 pm. 6. Director, City Development, Report PLN 21-14 Zoning By-law Amendment Application A 3/14 Durham Live— Pickering Developments (401) Inc., Pickering Developments (Bayty) Inc. and Pickering Developments (Squires) Inc. Discussion period ensued Resolution # 279/14 11 11 . , ._ M T� 1 � �,�-•_�v il��ID�. �±"� � . »� Moved by Councillor Pickles Seconded by Councillor Dickerson 2 3 12 Council Meeting Minutes Monday, September 15, 2014 7:00 PM - Council Chambers That Zoning By-law Amendment Application A 3/14, submitted by Pickering Developments (401) Inc., Pickering Developments (Bayly) Inc. and Pickering Developments (Squires) Inc., to revise the list of permitted employment uses on lands being 1802 and 1902 Bayly Street and 2028 Kellino Street in order to facilitate the development of an integrated mixed use tourist destination be endorsed, and that an implementing zoning by-law as outlined in Recommendation 2 of Report PLN 21-14 be prepared and forwarded to Council; That the implementing zoning by-law include, but not necessarily be limited to, the following provisions: a) The establishment of a Major Tourist Destination "MTD" land use.zone on the Phase 1 portion of the site, which shall permit uses generally as set out in Appendix I; b) The establishment of an Urban Reserve "UR" land use zone on the Phase 2 portion of the site as an interim measure, which category shall permit only existing legal uses and uses permitted by Natural Heritage Systems zone; c) The use of an (H)-holding symbol for the MTD zoned lands to limit the amount and/or level of development that may be allowed on site before the required Regional and/or Provincial transportation infrastructure is provided, which amount and/or level of development shall be determined by the City of Pickering and the Region of Durham in consultation with the Ontario Ministry of Transportation'; d) The use of an (H)-holding symbol for the MTD zoned lands to ensure appropriate agreements are in place with the City of Pickering, the Region of Durham and the Province of Ontario, if necessary, prior to development; and e) The use of an (H)-holding symbol for the MTD zoned lands to ensure appropriate technical details have been provided related to the natural heritage features and environmental sensitive lands, to the satisfaction of the City of Pickering and the Toronto and Region Conservation Authority; and Further, that Council direct staff to bring forward a report on the Phase 2 lands at a later date, recommending the rezoning of these lands from Urban Reserve 12 „ , r�-;�., ±�,ui�� . s�..�� s assi . -.. i i�.� � 1►� • • i 1 . ' � ' ' • ' � � , � � -, . .- to Major Tourist Destination and Natural Heritage System as may be appropriate, once the required environmental investigations are completed to the satisfaction of the City and the Toronto and Region Conservation Authority. Carried as Amended Later in the Meeting [Refer to following motions] Resolution # 280/14 Moved by Councillor McLean Seconded by Councillor O'Connell That Report PLN 21-14 be referred to the next term of Council. Yes Councillor McLean Councillor O'Connell Councillor Rodrigues Resolution # 281/14 Moved by Councillor McLean Seconded by Councillor Rodrigues Motion Lost on a Recorded Vote as Follows No � Councillor Ashe Councillor Dickerson Councillor Pickles, Mayor Ryan That the main motion be amended to remove "casino” from Appendix I contained in Item 2a) of the recommendation. Yes Councillor McLean Councillor O'Connell Councillor Rodrigues Motion Lost on a Recorded Vote as Follows No Councillor Ashe Councillor Dickerson Councillor Pickles Mayor Ryan Further discussion ensued with staff providing clarification to questions raised. Resolution # 282/14 13 13 iY: ., : —.,». -� � •�=�i� - =;� --. m=,�,-� - _��: �� ►� � �� J Moved by Councillor O'Connell Seconded by Councillor McLean Council Meeting Minutes Monday, September 15, 2014 7:00 PM - Council Chambers That the Main Motion be amended to include an Item 2 fl as follows; 2 fl That staff draft an implementing zoning by-law that reflects conditions where a casino use not be permitted unless it is part of a hotel, convention centre, entertainment complex as per the referendum question. Yes Councillor Ashe Councillor Dickerson Councillor McLean Councillor O'Connell Councillor Rodrigues Mayor Ryan Carried on a Recorded Vote as Follows No Councillor Pickles A discussion period ensued with some concerns still being noted with respect to traffic. Clarification was sought with respect to the implementing zoning by-law. The Main Motion was then Carried as amended on a recorded vote as follows: Yes Councillor Ashe Councillor Dickerson Councillor Pickles Mayor Ryan b) Report PD 2014-08 of the Executive Committee No Councillor McLean Councillor O'Connell Councillor Rodrigues Fire Chief Report FIR 03-14 Emergency Response Preparedness to.Dangerous Goods Shipped by Rail in Pickering Council Decision That Report FIR 03-14 of the Fire Chief be received for information; 2. That Fire Services staff and the Community Emergency Management Coordinator (CEMC) continue participating in training and familiarization related to emergency hazardous goods response and rail safety initiatives; 14 14 , , =��t_' � � : �_ , 0'�.._ Sa.r a-�rsz+l �..�� `��-.� • • a •_ -� - •- 1 � '1 ' � • • ' 3. That Fire Services staff and the CEMC continue to meet with representatives from Canadian Pacific Rail (CP Rail), Canadian National Rail (CN Rail) and Durham Emergency Management Office (DEMO) to explore training opportunities and foster a cooperative relationship that will ensure an efficient and effective response to rail related emergencies; and, 4. That the appropriate City of Pickering Officials be authorized to take the necessary action to give effect hereto. 2. Director, City Development, Report PLN 19-14 Rouge National Urban Park -Draft Management Plan Council Decision That Report PLN 19-14 of the Director, City Development, regarding the draft Management Plan for the Rouge National Urban Park be received for information; and 2. Further, that a copy of this Report be forwarded to Parks Canada staff for consideration in finalizing the Draft Management Plan. 3. Director, Engineering & Public Works, Report ENG 18-14 Rosebank Reservoir Lands Lease Extension Agreement -Amberlea Park Council Decision That Report ENG 18-14 of the Director, Engineering & Public Works regarding the lease extension agreement for Amberlea Park be received; and; 2. That the Mayor and City Clerk be authorized to execute a lease extension agreement with The Regional Municipality of Durham for an additional period of finrenty years, commencing July 5, 2012, and ending on July 4, 2032 that is in a form satisfactory to the Director, Corporate Services & City Solicitor. 4. Director, Engineering & Public Works, Report ENG 19-14 Stormwater Drainage in the Hamlet of Claremont -Update on the Claremont Drainage Feature Cleanout Council Decision 1. That Report ENG 19-14 of the Director, Engineering & Public Works concerning Stormwater Drainage in the Hamlet of Claremont be received; 15 � 15 1� °- _,,... =- � ;� __ '�=��i��_��,;_ �-„ �'= ,y.--� -.�3�:� � �,. � u'� Council Meeting Minutes Monday, Septernber 15, 2014 7:00 PM - Council Charnbers 2. That Council change the 2013 Capital Budget approval and corresponding funding for the Claremont Drainage Feature Cleanout (Account 5410.1301) from $5�50,000 to $41,700 and that the Treasurer be authorized to fund the expenditure from a transfer from the Rate Stabilization Reserve; and 3. That Staff be authorized to finalize the scope, and prepare Terms of Reference of a Claremont Master Drainage Plan in order to initiate a Request for. Proposal for consulting services for the study, with funds being proposed in the 2015 Current Budget. 5. Director, Engineering & Public Works, Report PW 02-14 Boundary Road Agreement -City of Toronto -Scarborough-Pickering Townline Road Council Decision That Report PW 02-14 of the Director, Engineering & Public Works regarding the boundary road agreement with the City of Toronto for the Scarborough- Pickering Townline Road be received; 2. That Council grant approval to staff to finalize a new boundary road agreement with the Corporation of the City of Toronto for the ongoing maintenance, repairs and construction related to the Scarborough-Pickering Townline Road on terms and conditions generally as set out in this report and in a form satisfactory to the Director, Corporate Services & City Solicitor; and 3. That the Mayor and Clerk be authorized to execute the boundary road agreement. 6. Director,. Engineering & Public Works, Report PW 03-14 Seniors and Persons with Disabilities Snow Clearing Program -Expansion.to the Hamlets of Brougham, Claremont, Greenwood and Whitevale Council Decision That Report PW 03-14 of the Director, Engineering & Public Works regarding expansion of the Seniors and Persons with Disabilities Snow Clearing Program to the Hamlets of Brougham, Claremont; Greenwood, and Whitevale be received; 2. That Council support expansion of the program from 350 to 375 participants, commencing in the 2014/2015 winter season in order to accommodate additional demand and� expansion to the Hamlets of Brougham, Claremont, Greenwood, and Whitevale and; . 16 �6 ., , , �=�E�� ' �' :._ fi : ],,,,-a � �. �.ra3J�'.�,:s I��.� � 1►� � � �:! i � � ':� '. � ' � �. 1 � - , . . - 3. That a nominal fee for the Seniors and Persons with Disabilities Snow Clearing Program be proposed by staff through the 2015 budget process and be proposed in the 2015 Summary of Fees Charges to be in effect for the 2015/2016 program. 7. Director, Corporate Services & City Solicitor, Report FIN 20-14 Cash Position Report as at June 30, 2014 Council Decision That Report FIN 20-14 from the Director, Corporate Services & City Solicitor be received for information. Resolution #283/14 Moved by Councillor Pickles Seconded by Councillor Dickerson That Report 2014-08 of the Executive Committee meeting held on September 8, 2014, be adopted. Carried (VIII) By-laws 7380/14 Being a by-law to exempt Block 1, Plan 40M-2519, Pickering, from the part lot control provisions of the Planning Act. 7381/14 Being a by-law to establish those parts of Lot 63, Registrar's Compiled Plan 1041, designated as Parts 4, 5, 6 and 7, Plan 40R-28441, as public highways. 7382/14 Being a by-law to amend Restricted Area Zoning By-law 3037, as amended by By-laws 2623/87, 3450/90 and 6696/06, to imptement the Official Plan of the City of Pickering, Region of Durham, being North Part of Lot 2, Concession 5, save and except Part 2, Plan 40R-25676 in the City of Pickering. (A 4/14) 7383/14 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, at 1283 WharF Street, Lot 20, Plan M89, City of Pickering. (A 5/14) 17 17 . , .�: ,_,... :- ��_-��'_,---= . ,.�.. ,�� ..��_ : ��:�,� m : ' Council Meeting Minutes Monday, September 15, 2014 7:00 PM - Council Chambers 7384/14 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, Part of Lot 18, Concession 2, City of Pickering (A 17/11 & SP-2011-04) Councillor McLean did not take part in the vote, due to his conflict as noted at the beginning of the meeting. Resolution #284/14 Moved by Councillor Pickles Seconded by Councillor Dickerson That By-law Nos. 7380/14 through 7384/14 be approved. Carried (IX) Other Business 1) Councillor O'Connell referred to a memo received from the Chief Administrative Officer with respect to the completion of Frenchman's Bay being under budget by $300,000. She sought clarification on whether these funds would be utilized for control measures at the West Spit to alleviate parking controls in the beach area as well as traffic issues which had been understood would be part of Phase One of the Frenchmans' Bay Master Plan. She noted concerns for the protection of the infrastructure as opposed to any additional amenities. Resolution # 285/14 Moved by Councillor Dickerson Seconded by Councillor Pickles That the rules of procedure be suspended in order to put forth a reconsideration motion. Discussion ensued regarding the location of the stop sign. Resolution # 286/14 Moved by Councillor Dickerson Seconded by Councillor McLean � �E:3 Carried Unanimously I � _ _ d1 � r�''�'��'L��L'L�'��ay��fS�'�' ...�e� � 3 V _u�� t �.� � 1► � � ��.� � � �. � � ��.. � �� 1 I. �� -', . .„.- That the rules of procedure be suspended in order to introduce a motion to reconsider the location of stop signs at Maple Ridge Drive and Harvest Drive. Carried Unanimously . Resolution # 287/14 Moved by Councillor O'Connell Seconded by Councillor McLean That the re-location of stop signs from Maple Ridge Drive and Harvest Drive to Maple Ridge Drive and Maple Gate Road/Pebblestone Crescent be referred to stafF in order to conduct further public consultation with area residents. Yes Councillor McLean Councillor O'Connell Councillor Rodrigues Mayor Ryan Councillor McLean left the meeting at 10:50 pm. Carried on a Recorded Vote as Follows No Councillor Ashe Councillor Dickerson Councillor Pickles 3) Councillor Rodrigues requested that stafF look into the parcel of land on draft plan of subdivision application SP-2014-01, Lebovic Enterprises Ltd., owned by Cathy Gerbis, as the plans show the street running through the middle of her property. (XI) Confirmation By-law By-law Number #7385/14 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 September 15, 2014. (XII) Adjournment Moved by Councillor O'Connell Seconded by Councillor Dickerson 19 Carried 19 ., - ,,,... ,. �_ � � --,- �'�:r.,.. .r- �� -i�_.n+�i�,� � �� That the meeting be adjourned at 11:02 pm. Dated this 15th day of September, 2014. f��7 20 Council Meeting Minutes Monday, September 15, 2014 7:00 PM - Council Chambers Mayor Ryan Debbie Shields City Clerk Carried .� --- n �,�=�i��] _: . , ,y,--� , 3 .,�,i =: ��'� • • • r. !!' �' 1 � � � � � � The First Meeting of the City of Pickering Council was held on Monday, December 1, 2014 at 7:30 pm. Present: Mayor Ryan Councillors: K. Ashe L Cumming R. Johnson B. McLean J. O'Connell D. Pickles Also Present: T. Prevedel P. Bigioni M. Carpino R. Holborn T. Melymuk J. Hagg D. Shields - Chief Administrative Officer - Director, Corporate Services & City Solicitor - Director, Culture & Recreation - Director, Engineering & Public Works - Director, City Development - Fire Chief - City Clerk (I) Meeting Called to Order The First Meeting of Council was called to order by Debbie Shields, City Clerk. (II) Invocation The National Anthem was perFormed by Alyssa Oke. (III) Invocation The Invocation was given by Pastor Audley Castro. (IV) Greetings Tony Prevedel, Chief Administrative Officer welcomed everyone to the meeting. (V) Declaration of Office of Mayor and Presentation of Chain of Office 1 21 �,_,,,. � _ �==�� —,---:� r� ,�.: �.;�� i �'�\ Council Meeting Minutes Monday, December 1, 2014 7:30 PM - Council Chambers The Declaration of Office was administered by the City Clerk and the Chair of Office was presented to the Mayor by his granddaughters. (VI) Declaration of OfFice for Councillors The Declaration of Office for Councillors was given by the City Clerk. (VII) Statements of Members of Council All Members of Council addressed the audience and relayed their thanks and appreciation during the election process. (VIII) Inaugural Address Mayor Ryan presented his Inaugural Address. (IX) Adjournment The meeting adjourned at 8:50 pm. Dated this 15t day of December, 2014. 22 2 Mayor Ryan Debbie Shields City Clerk ., - n �1?�� "�—.'� sr�..�-c� .� j�.3r� ��,/. ��'�� Present: Mayor Ryan Councillors: K. Ashe I. Cumming R.Johnson B. McLean J. O'Connell D. Pickles Also Present: T. Prevedel P. Bigioni M. Carpino R. Holborn T. Melymuk J. Hagg C. Rose N. Surti D. Shields �I) ��) • , ' '' . • � 1 ' ' • i . 1' � !� .�..�� /� �.�� ,� � '� �: �� • �:1 J: � � � • . • _ • ; • � - Chief Administrative Officer - Director, Corporate Services & City Solicitor - Director, Culture & Recreation - Director, Engineering & Public Works - Director, City Development - Fire Chief - Chief Planner - Manager, Development Review & Urban Design - City Clerk Disclosure of Interest No disclosures of interest were noted. Part B— Planning & Development Committee Reports 1. Director, City Development, Report, PLN 22-14 Proposed Telecommunication Tower Bell Mobility 2315 — 2345 Liverpool Road (Manresa Jesuit Spiritual Retreat Centre) Installation # 48 Recommendation Moved by Councillor McLean Seconded by Councillor Pickles 1 23 �� °� _ Joint Planning & Development and �� ' ' ,�-� -� , Executive Committee Meeting Minutes Monday, December 8, 2014 7:00 pm - Council Chambers Chair: Councillor Ashe That Bell Mobility be advised that City Council does not object to the revised proposal for a 35.0 metre high telecommunication tower installation to be located at 2315 — 2345 Liverpool Road, based on the design and other details submitted with the revised application. Carried 2. Director, City Development, Report PLN 23-14 Zoning By-law Amendment Application A 2/14 G. Gareri, V. Figliano and P. and C. Barbieri South Part of Lot 18, Plan 329 (1967 Woodview Avenue) Recommendation Moved by Mayor Ryan Seconded by Councillor McLean That Zoning By-law Amendment Application A 2/14, submitted by G. Gareri et al., to facilitate the creation of two lots for detached dwellings fronting onto Woodview Avenue and an open space block on lands being South Part of Lot 18, Plan 329, be approved, and that the draft Zoning By-law Amendment as set out in Appendix I to Report PLN 23-14 be forwarded to Council for enactment. Carried 3. Director, City Development, Report BLD 03-14 Building By-law Amendments under the Building Code Act Recommendation Moved by Councillor O'Connell Seconded by Councillor Cumming That the City's Building By-law 7362/14 which appoints the Chief Building Official, Deputy Chief Building Official and Inspectors be amended as set out in Appendix #1 to Report BLD 03-14; and 2. Further; that the City's Building By-law 7362/14 which prescribes Fees Payable for Building Permits be amended as set out in Appendix #1 to Report BLD 03-14. 2 24 Carried :a ♦ �G � � �'� v,.� 1� �� p �.� � � I 1\ • ... �. I �� ! , � / � s' �'��. . � • . . � ,.. � . . ._ !- •- : 1 •' 11 • � •- � • � (III) Part C— Executive Committee Reports 4. Director, Culture & Recreation, Report CR 14-14 Flag Raising and Cultural Festival Request to Issue Permit for use of Esplanade Park � Recommendation Moved by Mayor Ryan Seconded by Councillor O'Connell That Report CR 14-14 of the Director, Culture & Recreation regarding tfie request of the Filipino-Canadian Heritage and Resource of Durham for a permit allowing the use of Esplanade Park for a Flag Raising and Cultural Festiv�l be received; 2. That Council authorize staff to issue a permit for the use of Esplanade Park by the Filipino-Canadian Heritage and Resource of Durham on Saturday, June 27, 2015 for the Flag Raising and Cultural Festival on terms and subject to conditions satisfactory to the Director, Culture & Recreation and the Chief Administrative Officer; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. ' Carried Director, Engineering & Public Works, Report ENG 20-14 Various Updates to the Traffic and Parking By-law 6604/05 Recommendation Moved by Councillor Johnson Seconded by Councillor Pickles 1. That Report ENG 20-14 of the Director, Engineering & Public Works regarding various updates to the Traffic and Parking By-law 6604/05 be received; 2. That the attached draft By-law be enacted to amend Schedule "2", and Schedule "7" to By-law 6604/05 to provide for the regulation of parking and stop signs on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering, specifically to address proposed parking 3 25 ra, ',:.. :._: � -= �� -�—�;—� =ia.?r�r , mJ_:::::-�j . �' Joint Planning & Development and Executive Committee Meeting Minutes Monday, December 8, 2014 7:00 pm - Council Chambers Chair: Councillor Ashe restrictions on Glenanna Road, Sandstone Manor, Pickering Parkway and Fernam Street; and stop signs on Seventh Concession Road. Carried 6. Director, Engineering &�Public Works, Report ENG 21-14 Supply & Installation of Sports Field Lighting Amberlea Park, Hardball Diamond Tender No. T-17-2014 Recommendation Moved by Councillor Pickles Seconded by Councillor McLean That Report ENG 21-14 of the Director, Engineering & Public Works regarding Tender No. T-17-2014 for the Supply & Installation of Sports Field Lighting at Amberlea Park, Hardball Diamond be received; 2. That Tender No. T-17-1014 as submitted by Sentry Electric Inc. in the total tendered amount of $160,460.00 (HST included) be accepted; 3. That the total gross project cost of $185,320.00 (HST included), including the tendered amount and other associated costs and the total net project cost of $166,886.00 (net of HST rebate) be approved; 4. That Council authorize the Division Head, Finance & Treasurer to finance the net project cost in the amount of $166,886.00 as follows: a) b) The sum of $160,000.00 as approved in the 2013 Parks Capital Budget to be funded from the Federal Gas Tax Reserve Fund; The additional sum of $6,886.00 to be funded from the Federal Gas Tax Reserve Fund; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. Carried 7. Director, Engineering & Public Works, Report ENG 22-14 Supply & Installation of Sports Field Lighting Bay Ridges Kinsmen Park, Diamond No. 1 Tender No. T-21-2014 4 26 �: � ,, ' =-_��-.' ' `� �� = ��-� . _-.�'��,�� m � \�J'� � ' . ! � � ' � � • . � � � s •. �- �- : 1 � 11 • r . �- � , • • �- Recommendation Moved by Councillor Pickles Seconded by Councillor McLean That Report ENG 22-14 of the Director, Engineering & Public Works regarding Tender No. T-21-2014 for the Supply & Installation of Sports Field Lighting at Bay Ridges Kinsmen Park, Diamond No. 1 be received; 2. That Tender No. T-21-1014 as submitted by Sentry Electric Inc. in the total tendered amount of $140,560.70 (HST included) be accepted; 3. That the total gross project cost of $164,561.00 (HST included), including the tendered amount and other associated costs and the total net project cost of $148,192.00 (net of HST rebate) be approved; 4. That Council authorize the Division Head, Finance & Treasurer to finance the net project cost of $148,192.00 as follows: a) The sum of $100,000.00 as approved in the 2012 Parks Capital Budget to be funded from the Federal Gas Tax Reserve Fund; b) The sum of $23,000.00 as approved in the 2014 Parks Capital Budget to be funded from the Parkland Reserve Fund be increased to $48,192.00; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. Carried 8. Director, Corporate Services & City Solicitor, Report FIN 21-14 2015 Interim Spending Authority Recommendation Moved by Mayor Ryan Seconded by Councillor O'Connell That Report FIN 21-14 from the Director, Corporate Services & City Solicitor be received; 5 2l �� 10 r: I � _� ., � � ` _: .Y .y.�_�;�_.�_=�� =i.�.: � - ., .i�n- '" -:-i �,. �-�'� Joint Planning & Development and Executive Committee Meeting Minutes Monday, December 8, 2014 7:00 pm - Council Chambers Chair: Councillor Ashe 2. That the 2015 Interim Operating Expenditures be approved at 50% of the prior year's budget, including adjustments, as contained in Attachment 1, pending approval of the formal 2015 Current Budget by Council; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effecf thereto. � Carried Director, Corporate Services & City Solicitor, Report FIN 22-14 2015 Temporary Borrowing By-law Recommendation Moved by Mayor Ryan Seconded by Councillor O'Connell That Report FIN 22-14 from the Director, Corporate Services & City Solicitor be received; � 2. That the temporary borrowing limit of $41,000,000 be established to meet 2015 current expenditures pending receipt of taxes and other revenues for the period January 1, 2015 to September 30, 2015 inclusive, and , $20,000,000 thereafter until December 31, 2015; 3 � That the temporary borrowing limit for capital purposes for 2015 be established at $25,000,000; That the attached draft by-law providing for the temporary borrowing of monies, be enacted; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. Carried Director, Corporate Services & City Solicitor, Report FIN 23-14 Section 354/358 of the Municipal Act — Adjustment to Taxes Recommendation Moved by Councillor McLean Seconded by Councillor Cumming � 11 ,, - :. - � r� ,�-�1-,_�'"�,-��?�'�i p' ��I� ' 2 • , �; . • � � ' • � .. • � • � • . �' �' i � �' � i� l ! •' �, � � That Report FIN 23-14 of the Director, Corporate Services & City Solicitor be received; That the write-off of taxes as provided for under Section 354/357/358 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 Director, Corporate Services & City Solicitor, Report FIN 24-14 2015 Property and Liability Insurance Renewal Recommendation Moved by Mayor Ryan Seconded by Councillor McLean That Report FIN 24-14 of the Director, Corporate Services & City Solicitor regarding the 2015 property and liability insurance renewal be received; 2. That the City of Pickering renew its property, liability and other insurance policies through Jardine Lloyd Thompson Canada Inc. (JLT) for the period January 1, 2015 to December 31, 2015 in the amount of $658,792 (plus applicable taxes) and inclusive of terms and conditions acceptable to the Division Head, Finance & Treasurer; 3. That the insurance coverage through JLT be for a period of one (1) year with an option in favour of the City to extend the coverage on the same terms and conditions for three (3) consecutive one year renewal terms, each subject to Council approval; 4. That L.V. Walker & Associates be confirmed as the City's Adjuster of Record for property, liability and other insurance and related matters; 5. That the Division Head, Finance & Treasurer be authorized to settle any claims including employing resources to investigate and defend claims, adjusting and legal fees, where it is in the City's interest to do so; 6. That the Division Head, Finance & Treasurer be authorized to purchase additional insurance, make changes to deductibles and existing coverages, and alter terms and conditions as becomes desirable or necessary to limit ►� 29 . == ..�_��;� ��_ r,�=, �=,�-,� -�_��:� �.i I� JI\ J 7 Joint Planning & Development and Executive Committee Meeting Minutes Monday, December 8, 2014 7:00 pm - Council Chambers Chair: Councillor Ashe potential liability exposure and to protect the assets of the City and its elected officials and staff; and, That the appropriate officials be authorized to take the necessary actions to give effect thereto. Carried 12. Director, Corporate Services & City Solicitor, Report FIN 25-14 Municipal Capital Facilities Property Tax Exemption Under Subsection 110(6) Municipal Act, Pickering Indoor Soccer pome Recommendation Moved by Councillor Cumming Seconded by Councillor O'Connell That Report FIN 25-14 of the Director, Corporate Services & City Solicitor be received; 2. That the Municipal Capital Facilities Tax Exemption under Subsection 110(6) of the Municipal Act, 2001 and corresponding By-law be approved in respect of the Pickering Indoor Soccer pome facility located at 1975 Clements Road, Pickering; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. (IV) Adjournment The meeting adjourned at 7:15 pm. 30 � Carried ., - , .�, •� �i��r_' �._"" � +s am��"�',;"` •' ' J Present: Mayor Ryan Councillors: K. Ashe I. Cumming R. Johnson B. McLean J. O'Connell D. Pickles Also Present: T. Prevedel P. Bigioni M. Carpino R. Holborn T. Melymuk J. Hagg D. Shields ��) (II) •i- •; � - Chief Administrative Officer i• •;. � ' •' i � ' � - Director, Corporate Services & City Solicitor - Director, Culture & Recreation - Director, Engineering & Public Works - Director, City Development - Fire Chief - City Gerk Disclosure of Interest No disclosures of interest were noted. Matters for Consideration a) Consent/Waiver to Veridian Shareholder Agreement • r' � - P. Bigioni, Director, Corporate Services & City Solicitor outlined the Consent/Waiver agreement that was received by the City from Veridian. He noted that Veridian had requested Council approval of the Consent and Waiver Agreement in order to supplement a section of the Veridian Shareholder's Agreement. He explained that the Consent and Waiver Agreement would allow for an additional appointment of a resident to the board of Veridian Connections if at any time a resident member of Veridian board is appointed as Chair or Vice Chair. Mr. Bigioni noted that the Consent and Waiver Agreement was legally in order. 31 . � ---- ,... � �-�=��--=. � �_,_,�, a�-. s�:-. o,a �� .' �'� Special Council Meeting Minutes Monday, December 8, 2014 7:15 pm Council Chambers Resolution #288/14 Moved by Councillor O'Connell Seconded by Councillor Johnson .That the City of Pickering sign the Consent and Waiver Agreement. Carried Unanimously (III) Confirmatory By-law By-law Number 7386/14 Councillor O'Connell seconded by Councillor Johnson 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 December 8, 2014. (IV) Adjournment The meeting adjourned at 7:20 pm. Dated this 8th day of December, 2014 32 2 Carried Mayor David Ryan Debbie Shields City Clerk ,, - ,.�n �+ �,�,:,-�u�� _ �� r .� , �y. ..,a..,. �., : �,.�,,.�_r : ...............� -�-��b � • ' �'! Deleqations Michaei Borie Re: 2014 Municipal Elections 2. Vasa Nathan Tamil Cultural and Academic Society of Durham Re: Tamil Heritage K�3 Correspondence � Corr. 20-14 Cheryl Bandel, Deputy Clerk Region of Durham 605 Rossland Road East Whitby, ON L1 N 6A3 � � 1 . Pa es Motion for Direction 35 Letter received from Cheryl Bandel, Deputy Clerk, Region of Durham seeking Council's nomination of a Member of Regional Council as the City's representative on the Central Lake Ontario Conservation Authority (CLOCA) and the Toronto and Region Conservation Authority (TRCA). Also, one citizen nomination for the Durham Region Land Division Committee. CLOCA — One Regional Councillor nomination to be made � TRCA — One Regional Councillor nomination to be made Durham Region Land Division Committee — One citizen nomination to be made Corr. 21-14 Motion for Direction AMO Communications 36-37 Correspondence received from AMO Communications requesting that the City of Pickering Council pass a resolution in support of an amendment to the Fire Protection and Prevention Act, 1997 which would protect the rights of salaried firefighters who also work as volunteer firefighters in otherjurisdictions, othenrvise known as Double Hatters. � 34 The Regional Municipality of Durham Corporate Services Department - Legislative Services 605 ROSSLAND RD. E. PO BOX 623 WHITBY ON L1 IV 6A3 CANADA 905-668-7711 1-800-372-1102 Fax:905-668-9963 www.durham.ca Matthew L. Gaskell Commissioner of Corporate Services S,ei'vice �zcellence for.�tar CommUnifies" CiTY OF PlCKERIN� October 30, 2014 ��'� � � �� • Ms. D. Shields Clerk City of Pickering 1 The Esplanade Pickering, ON L1V 6K7 �� ** � 1974-2014 Join the celebration! v� r r o �� __� � ��r��;�> RE: APPOINTMENTS TO THE LAND DIVISIO�N COMMITTEE AND CONSERVATION AUTHORITIES, OUR FILE: C14 Ms. Shields, appointments to the Land Division Committee and.to Conservation Authorities will be made by Regional Council on December 17, 2014. Would you please arrange, pursuant to the policy of Regional Council, for your Council to nominate persons for the following appointments: 1 Member to the Central Lake Ontario Conservation Authority 1 Member to the Toronto and Region Conservation Authority 1 Citizen member to the Land Division Committee Please note that on October 4, 2006 the following policy was adopted: "THAT only elected officials be appointed to Conservation Authorities and further, that only members of Regional Council be appointed unless the municipalities have insufficient Regional Council representation they shall be permitted to appoint a local Councillor or appoint a citizen representative to the Conservation Authority." I would appreciate receiving the names of your nominees on or before December 8, 2014. - �.,� ��. Cheryl Bandel Deputy Clerk CB/tF If this information is required in an accessible format, please contact the Accessibility Co-ordinator at 1-800-372-1102 ext. 2009. 35 Shields, Debbie � �%'� r � � � L� � To: ***'`'''`Mayor, *'`*'`'`Councillors; Tony Prevedel (tprevedel@pickering.ca); '`'`'`'`Directors Subject: FW: AMO Policy Update - Double Hatter Firefighter ..�._.�. _�....�..._. �._. ,��„� ... _ e ....... . .. _ _...._....._.........._.;. . ................ ._._. �__..�. From: AMO Communications [mailto:communicate@amo.on.ca] �R�Gir�,��o: Sent: September-18-141:17 PM cOPY�o: To: Shields, Debbie . L ; � ,.� Subject: AMO Policy Update - Double Hatter Firefighter CORR. � FILE ` - ��rioN �a L� p;re�t��-� Segtember 18, 2014. Double Hatter Firefighter Issue in the Media Issue: Professional firefighters as volunteer firefighters during their free time. Yesterday, this issue was profiled in a front page Globe and Mail story about a firefighter who is taking on the union's actions as relates to `double hatting'. `Double hatting' is forbidden by the Intemational Association of Fire Fighters and its Ontario union, The Ontario Professional Fire Fighters Association. Over the years, union charges have been brought against individuals who are double hatters and as a result, generally stop their involvement as a volunteer. Double hatters want to protect family, fi-iends and the � community where they live and are an important backbone of fire services within smaller municipalities and its loss proves challenging. Many double hatters were volunteer fire fighters before becoming salaried professionals. Tom Hunse, a Toronto professional fire fighter for 22 years and a 26 year volunteer with Innisfil Fire Services and his union, is demanding that since he has not stopped his volunteer work that he be fired from his Toronto job. Mr. Hunse is taking a principled stand — that how he uses his free time is his to determine. Yesterday's Globe and Mail and other major news outlets are now covering his story. The public's reaction is that Hunse and other double hatters should be able to use their skills and l�owledge in their free time in his own community without repercussion. An arbitration hearing is set for later this year that would deal with his permanent employment status with the City since he is no longer a member in good standing and only Association members in good standing are able to be members of the full-time bargaining unit. Mr. Hunse has filed a Duty for Fair Representafion Application with the Ontario Labour Relations Board against the Toronto Professional Fire Fighters Association. The "duty of fair representation" provisions.of the Labour Relations Act stipulate that a trade union shall not act in a manner that is arbitrary, discriminatory or in bad faith in representing employees. AMO has requested intervener status as this matter affects many municipal governments and the double hatters that work. This is a matter of fairness and personal liberiy as fire fighters should be able to use their free time as they wish to without reprisal or interference. These volunteers should be supported, not pressured for wanting to protect their neighbours in their home communities. The union does not object to full time firefighters working other jobs which many do. What is the solution to this threat? A simple change to provincial law �vould prevent this type of union interference. To our l�owledge, every Canadian province has such protecfion, except for Ontario and Newfoundland. It is time for Ontario to give our volunteer firefighters the same freedom and protection that other employees in Ontario enj oy, as well as those fire fighters everywhere else in the nation. � Attached is a draft council resolution your council may wish to pass that asks the Ontario government to provide this protection to double hatter firefighters who want to serve their home communities in their spare time. As mentioned, double hatters are worried about being threatened with job loss and municipal governments have been watching this matter closely. If you feel your municipality is vulnerable, please let us l�ow. 36 Link to the Globe and Mail article (htt�://m.theglobeandmail.com/news/nationaUunion-turns-up-the-heat-on-firefi�hters-who- volunteer-on-days-off/artic1e2063 5456/?service�nobile). Contact: Mon�ca Turner, Director of Policy, mturner�a?amo.on.ca 1-877-426-6527 ext. 318 Draft Council Resolution to Support Double Hatters' rights WHEREAS the training and certification of professional firefighters is established and mandated by the Province of Ontario under the Fire Protection and Prevention Act, 1997; AND WAEREAS it is the responsibility of municipalities to establish fire deparhnents and appoint fire chiefs to provide fire protection services as they determine may be necessary in accordance with their needs and circumstances; AND WHEREAS many Ontario municipalifies rely on both full time and volunteer firefighters in order to provide fire protection; AND WHEREAS the Intemational Association of Fire Fighters ("IAFF") Constitution prohibits full time firefighters from volunteering as firefighters in another municipal jnrisdiction (i.e. "Double Hatting"); AND WHEREAS the IAFF's stance on Double Hatting is specifically prohibited by legislation in almost all provinces in Canada and much of the United States; AND WHEREAS a volunteer firefighter in the Innisfil Fire and Rescue Service is challenging the IAFF ban on Double Hatting and their e�.pulsions from that union because of his desire to continue volunteering while being employed as a full-time firefighter in another jurisdiction; AND WHEREAS the right of individuals to use their free time in service of their community is a fundamental right in a free, open and democratic society. NOW THEREFORE BE IT RESOLVED that the Council of requests that the Province of Ontario amend the Fire Protection and Prevention Act, I997 with respect to salaried firefighters who also work as volunteer fir�fighters, such that if a person is denied membership in an association of firefighters, is expelled or disciplined by the association or engages in reasonable dissent within the association in connection with this kind of dual role, the association is not permitted to require the employer to refuse to employ the person as a salaried firefighter, terminate his or her employment as a salaried firefighter or refuse to assign the person to fire protection services. This resolution should be sent to the following: • Hon. Kathleen Wynne, Premier of Ontario • Hon. Madeline Meilleur, Attomey General • Hon. Kevin Flynn, Minister of Labour • Hon. Yasir Naqvi, Minister of Community Safety and Correctional Services • Hon. Ted McMeeldn, Minister of Municipal Affairs and Housing. PLEASE NOTE: AMO Breaking News wili be broadcast to the member municipality's council, administrator, and clerk. Recipients of the AMO broadcasts are free to redistribute the AMO broadcasts to.other municipal staff as required. We have decided to not add other staff to these broadcast fists in order to ensure accuracy and efficiency in the management of our various broadcast lists. DlSCLAIMER: Any documents attached are final versions. AMO assumes no responsibility for any discrepancies that may have been transmitted with this electronic version. The printed versions of the documents stand as the official record. OPT-OUT: If you wish to opt-out of these email communications from AMO please click here. 37 ,, ,.��. " ,,,, .�u��'��.�; ;:.::; <�� , ��, ..,-, . , : .,,,, ..,...::::::� �-..��.��:� � ;• 1 � COMMITTEE REPORTS a) Joint Report JT 2014-08 of the Joint Planning 8� Development and Executive Committee Pages Director, City Development, Report, PLN 22-14 Proposed Telecommunication Tower Bell Mobility 2315 — 2345 Liverpool Road (Manresa Jesuit Spiritual Retreat Centre) Installation # 48 Recommendation 1-30 That Bell Mobility be advised that City Council does not object to the revised proposal for a 35.0 metre high telecommunication tower installation to be located at 2315 — 2345 Liverpool Road, based on the design and other details submitted with the revised application. 2. Director, City Development, Report PLN 23-14 Zoning By-law Amendment Application A 2/14 G. Gareri, V. Figliano and P. and C. Barbieri South Part of Lot 18, Plan 329 (1967 Woodview Avenue) Recommendation 31-51 That Zoning By-law Amendment Application A 2/14, submitted by G. Gareri et al., to facilitate the creation of two lots for detached dwellings fronting onto Woodview Avenue and an open space block on lands being South Part of Lot 18, Plan 329, be approved, and that the draft Zoning By-law Amendment as set out in Appendix I to Report PLN 23-14 be forwarded to Council for enactment. 3. Director, City Development, Report BLD 03-14 52-61 Building By-law Amendments under the Building Code Act Recorr�mendation That the City's Building By-law 7362/14 which appoints the Chief Building Official, Deputy Chief Building Official and Inspectors be amended as set out in Appendix #1 to Report BLD 03-14; and � 2. Further, that the City's Building By-law 7362/14 which prescribes Fees Payable for Building Permits be amended as set out in Appendix #1 to Report BLD 03-14. Executive Reports 4. Director, Culture 8� Recreation, Report CR 14-14 62-67 Flag Raising and Cultural Festival Request to Issue Permit for use of Esplanade Park Recommendation That Report CR 14-14 of the Director, Culture 8� Recreation regarding the request of the Filipino-Canadian Heritage and Resource of Durham for a permit allowing the use of Esplanade Park for a Flag Raising and Cultural Festival be received; 2. That Council authorize staff to issue a permit for the use of Esplanade Park by the Filipino-Canadian Heritage and Resource of Durham on Saturday, June 27, 2015 for the Flag Raising and Cultural Festival on terms and subject to conditions satisfactory to the Dir.ector, Culture & Recreation and the Chief Administrative Officer; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. 5. Director, Engineering & Public Works, Report ENG 20-14 68-78 Various Updates to the Traffic and Parking By-law 6604/05 Recommendation 1. That Report ENG 20-14 of the Director, Engineering & Public Works regarding various updates to the Traffic and Parking By-law 6604/05 be received; 2. rthat the attached draft By-law be enacted to amend Schedule "2", and Schedule "7" to By-law 6604/05 to provide for the regulation of parking and stop signs on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering, specifically to address proposed parking restrictions on Glenanna Road, Sandstone Manor, Pickering Parkway and Fernam Street; and stop signs on Seventh Concession Road. 6. Director, Engineering & Public Works, Report ENG 21-14 79-87 Supply & Installation of Sports Field Lighting Amberlea Park, Hardball Diamond Tender No. T-17-2014 . Recommendation 39 That Report ENG 21-14 of the Director, Engineering & Pubiic Works regarding Tender No. T-17-2014 for the Supply & Installation of Sports Field Lighting at Amberlea Park, Hardball Diamond be received; 2. That Tender No. T-17-1014 as submitted by Sentry Electric Inc. in the total tendered amount of $160,460.00 (HST included) be accepted; 3. That the total gross project cost of $185,320.00 (HST included), including the tendered amount and other associated costs and the total net project cost of $166,886.00 (net of HST rebate) be approved; 4. That Council authorize the Division Head, Finance & Treasurer to finance the net project cost in the amount of $166,886.00 as follows: a) The sum of $160,000.00 as approved in the 2013 Parks Capital Budget to be funded from the Federal Gas Tax Reserve Fund; b) The additional sum of $6,886.00 to be funded from the Federal Gas Tax Reserve Fund; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. 7. Director, Engineering & Public Works, Report ENG 22-14 88-96 Supply & Installation of Sports Field Lighting Bay Ridges Kinsmen Park, Diamond No. 1 Tender No. T-21-2014 Recommendation That Report ENG 22-14 of the Director, Engineering & Public Works regarding Tender No. T-21-2014 for the Supply & Installation of Sports Field Lighting at Bay Ridges Kinsmen Park, Diamond No. 1 be received; 2. That Tender No. T-21-1014 as submitted by Sentry Electric Inc. in the total tendered amount of $140,560.70 (HST included) be accepted; 3. That the total gross project cost of $164,561.00 (HST included), including the tendered amount and other associated costs and the total net project cost of $148,192.00 (net of HST rebate) be approved; 4. That Council authorize the Division Head, Finance & Treasurer to finance the net project cost of $148,192.00 as follows: a) The sum of $100,000.00 as approved in the 2012 Parks Capital Budget to be funded from the Federal Gas Tax Reserve Fund; 40 b) The sum of $23,000.00 as approved in the 2014 Parks Capital Budget to be funded from the Parkland.Reserve Fund be increased to $48,192.00; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. 8. Director, Corporate Services & City Solicitor, Report FIN 21-14 97-99 2015 Interim Spending Authority Recommendation 1. That Report FIN 21-14 from the Director, Corporate Services & City Solicitor be received; 2. That the 2015 Interim Operating Expenditures be approved at 50% of the prior year's budget, including adjustments, as contained in Attachment 1, pending approval of the formal 2015 Current Budget by Council; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. 9. Director, Corporate Services & City Solicitor, Report FIN 22-14 100-104 2015 Temporary Borrowing By-law Recommendation That Report FIN 22-14 from the Director, Corporate Services & City Solicitor be received; � 2. That the temporary borrowing limit of $41,000,000 be established to meet 2015 current expenditures pending receipt of taxes and other revenues for the period January 1, 2015 to September 30, 2015 inclusive, and $20,000,000 thereafter until December 31, 2015; 3. That the temporary borrowing limit for capital purposes for 2015 be established at $25,000,000; 4. That the attached draft by-law providing for the temporary borrowing of monies, be enacted; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. 41 10. Director, Corporate Services & City Solicitor, Report FIN 23-14 105-108 Section 354/358 of the Municipal Act — Adjustment to Taxes Recommendation That Report FIN 23-14 of the Director, Corporate Services & City Solicitor be received; 2. That the write-off of taxes as provided for under Section 354/357/358 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. 11. Director, Corporate Services & City Solicitor, Report FIN 24-14 109-129 2015 Property and Liability Insurance Renewal Recommendation 1. That Report FIN 24-14 of the Director, Corporate Services & City Solicitor regarding the 2015 property and liability insurance renewal be received; 2. That the City of Pickering renew its property, liability and other insurance policies through Jardine Lloyd Thompson Canada Inc. (JLT) for the period January 1, 2015 to December 31, 2015 in the amount of $658,792 (plus applicable taxes) and inclusive of terms and conditions acceptable to the Division Head, Finance & Treasurer; 3. Tliat the insurance coverage through JLT be for a period of one (1) year with an option in favour of the City to extend the coverage on the same terms and conditions for three (3) consecutive one year renewal terms, each subject to Council approval; 4. That L.V. Walker & Associates be confirmed as the City's Adjuster of Record for property, liability and other insurance and related matters; 5. That the Division Head, Finance & Treasurer be authorized to settle any claims including employing resources to investigate and defend claims, adjusting and legal fees, where it is in the City's interest to do so; 6. That the Division Head, Finance & Treasurer be authorized to purchase additional insurance, make changes to deductibles and existing coverages, and alter terms and conditions as becomes desirable or necessary to limit potential liability exposure and to protect the assets of the City and its elected officials and staff; and, . 42 7. That the appropriate officials be authorized to take the necessary actions to give effect thereto 12. Director, Corporate Services & City Solicitor, Report FIN 25-14 130-134 Municipal Capital Facilities Property Tax Exemption Under Subsection 110(6) Municipal Act, Pickering Indoor Soccer pome Recommendation That Report FIN 25-14 of the Director, Corporate Services & City Solicitor be received; 2. That the Municipal Capital Facilities Tax Exemption under Subsection 110(6) of the Municipal Act, 2001 and corresponding By-law be approved in respect of the Pickering Indoor Soccer pome facility located at 1975 Clements Road, Pickering; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. 43 ,, . .��,. � , � u,=�u�� _ �� : ,� , s� .�..,. y . � m�rn (' .........� —:��.��a. NEW AND UNFINISHED BUSINESS �� -��11��'�I�•'�'��TI� .. 1. Director, Corporate Services & City Solicitor, Report CLK 06-14 48-50 2015 Standing Committee and Council Meeting Schedule Recommendation That the 2015 Standing Committee and Council Meeting Schedule included as . Attachment 1 to this report, be approved. 2. Director, Corporate Services & City Solicitor, Report CLK 07-14 51-55 2014 Municipal Election — Report on Accessibility Recommendation That Report CLK 07-14 be received for information. 3. Director, Corporate Services & City Solicitor, Report CLK 08-14 56-60 Council Appointments to Committees Re: Policy Creation Recommendation That the Council Appointments to Committees Policy as set out in Attachment #1, be approved. 4. Director, Corporate Services & City Solicitor, Report CLK 09-14 61-80 Review of Boards and Committees ' Recommendation 1. 2. That Report CLK 09-14 of the Director, Corporate Services & City Solicitor be received; That Policy ADM 040 for Boards and Advisory Committees, included as Attachment #1 to this report be approved; 3. That the Advisory Committee on Diversity, Sustainable Pickering Advisory Committee and Waterfront Coordinating Committee be formally disbanded based on project/mandate completion or amalgamation; 4. That a Cultural Advisory Committee be established as a formal advisory committee as outlined in this report; 44 5. That the Boards and Advisory Committees of Council included as Attachment #2 in this report be formally reconfirmed; 6. That the existing appointees to the remaining Boards and Advisory Committees be reconfirmed until January 31, 2015; and 7. That the City Clerk take the appropriate action to advertise for citizen appointments to the Boards and Advisory Committees, that a report be brought back to Council in January, 2015 listing all citizen applicants and that Council appoint members to the Boards and Advisory Committees at its January, 2015 meeting. 5. Director, Co�porate Services & City Solicitor, Report FIN 26-14 81-127 Ontario Community lnfrastructure Fund-Formula-Based Component Recommendation That Report FIN 26-14 of the Director, Corporate Services & City Solicitor regarding the Ontario Community Infrastructure Fund-Formula-Based Component grant be received; 2. That the Mayor and City Clerk be authorized to execute the Ontario Community Infrastructure Fund - Formula-Based Component funding contribution Agreement on terms satisfactory to the Director, Corporate Services & City Solicitor; 3. That Council approve the establishment of the Ontario Community Infrastructure Fund - Formula Based Component (OCIF) Reserve Fund; 4. That the draft by-laws attached hereto be enacted; and 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. 6. Director, City Development, Report PLN 24-14 128-159 South Pickering Intensification Study (Part of the Pickering Official Plan Review) . Places to Grow Implementation Fund Transfer Payment Agreement Recommendation 1. That Report PLN 24-14 of the Director, City Development, regarding the South Pickering Intensification Study be received; 2. That Council authorize staff to undertake Phase 1 of a Study of the land use planning policies respecting the intensification opportunities for lands in South Pickering outside the City Centre, generally as set out on Appendix I to Report PLN 24-14; 3. That the draft by-law provided as Appendix II to Report PLN 24-14, authorizing the execution of the Places to Grow Implementation Fund 45 Transfer Payment Agreement to off-set the costs of Phase 1 of the Study — Community Engagement, be forwarded to Council for enactment; 4. That the Mayor and City Clerk be authorized to execute the Places to Grow Implementation Fund Transfer Payment Agreement provided as Schedule "A"�to Appendix II to Report PLN 24-14; 5. That Council authorize the appropriate City officials to undertake the necessary actions required to implement the above recommendations; and 6. Further, that a copy of Report PLN 24-14 be forwarded to the Region of Durham, the Ministry of Municipal Affairs and Housing, and the Ontario Growth Secretariat. 7. Director, Engineering & Public Works, Report ENG 23-14 160-164 Frenchman's Bay Harbour Entrance Reconstruction -Infrastructure Funding Contribution Agreement -Project E�ension Recommendation That Report ENG 23-14 of the Director, Engineering & Public Works regarding the Frenchman's Bay Harbour Entrance Reconstruction Infrastructure Funding Contribution Agreement be received; 2. That the Council of the City of Pickering agrees to amend the Financial Assistance date of the Infrastructure Funding Contribution Agreement befinreen the Province of Ontario and the City of Pickering, from December 31, 2014 to June 30, 2015; and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. 8. Director, Culture & Recreation, Report CR 13-14 165-172 Supply & Installation of Indoor Tennis Lighting, Pickering Recreation Complex -Tender No. T-25-2014 Recommendation That Report CR 13-14 of the Director, Culture & Recreation regarding the Supply & Installation of Indoor Tennis Lighting at the Pickering Recreation Complex be received; 2. That Tender No. T-25-2014 submitted by MJK Construction Inc. in the amount of $104,615.40 (HST included) be accepted; 3. That the total gross project cost of $149,815.00 (HST included), including other associated costs, and a net project cost of $134,913.00 (net of HST rebate) be approved; 46 4. That Council authorize the Division Head, Finance & Treasurer to finance the project as approved in the 2012 Recreation Centre — Core Capital Budget in the amount of $100,000.00, to be increased to $134,913.00 from the Federal Gas Tax Reserve Fund; and 5. Further, that the appropriate City of Pickering officials be authorized to take necessary action to give effect hereto. 47 ., � ,�,�. �,,,=;.�wW,�1 �� -: � , i� � �`�''�'' �� ''�• • • Report Number: CLK 06-14 Date: December 15, 2014 From Subject Paui Bigioni Director, Corporate Services & City Solicitor 2015 Standing Committee and Council Meeting Schedule Recommendation: That the 2015 Standing Committee and Council Meeting Schedule included as Attachment 1 to this report, be approved. Executive Summary: In accordance with the Municipal Act, 2001, every municipality and local board shall pass a procedure by-law for governing the calling, place and proceedings of ineetings. The By-law provides for the notification of the meetings of CounciL Financial Implications: There are no financial implications. Discussion: The City of Pickering Procedural By-law provides for governing the calling, place and proceedings of ineetings. In accordance with the intent of the Municipal Act, of open, transparent and accounfable government, the 2015 meeting schedule as required by the Procedural By-law 7212/12 is presented in order for public notification to commence. Attachments: 2015 Standing Committee and Council Meeting Schedule ,• Report CLK 06-14 December 15, 2014 Subject: 2015 Standing Committee and Council Meeting Schedule Prepared By: � • ' .� Debbie Shields City Clerk DS:Ir Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised 49 ndorsed By: � �� Paul '��; � �,� Page 2 rate Services & City Solicitor �anuary 5 M T W T F S 1 2 3 � 4 5 6 7 8 9 1� 'i 'i 12 "i 3 14 15 'f 6 '! 7 18 19 20 21 22 23 24 25 � 27 2� 25 30 31 May S M T W T F S 1 2 3 4 5 6 7 $ 9 1(} 11 12 13 14 15 �6 17 18 � 2a 2�. 22 23 24 25 26 27 ZS 29 30 3'� Septem�aer S M T 1N T F S 1 2 3 4 � 6 7 $ 9 'i0 19 12 i3 14� 15 16 '1� i8 't9 20 . 22 23 24 25 2� 27 28 29 30 - Plan�ir�g 8 Dev�elopmer�t Committee Executbve Comm�ttee �1� -- -- Family Day — Februaryr '� 6 ,�, Eater Monday — A{�ri� 6 � Victvri� �ay — May � $ D raft - 2015 �`��"�`��' `�`.� F�bruary S M T W T F S 1 2 3 4 5 6 7 8 � 10 11 12 13 14 'I 5 'i 6� 18 19 20 `' 1 22 23 24 25 26 27 28 June S M T W T F S 1 2 3 4 � G 7 8 9 10 11 �[� 93 ']� �5 1� 17 18 19 20 21 2� 23 24 25 26 27 28 29 3fl 'March S M Y V4i T � S � 2 3 4 5 6� 7 8 9 10 '11 12 13 14 15 1€i 17 18 19 20 2'i 22 2� 24 2S 2B 27 28 29 30 31 July S M 7 W T F S 1 2 3 4 5 C 7 8 9 10 '4 '1 12 i3 14 15 �6 �7 18 1� 20 21 22 23 24 �5 26 27� 28 29 3(� 31 October Nav�rr�ber S M T �ISI T F S S N! i V1J T F S 1 2 3 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 1D 11 '�2 13 14 11 � 2 � 3 14 15 16 17 15 � 17 18 19 . 2fl �'i �8 19 � 20 21 22 23 24 22 23 2d 25 26 27 28 25 �E 27 28 �9 34 3� 2� 30 J�oin# ��anning & Devefopm�nt and Exe��ative CQrnmittee 8udget Me�tir�g - - 3 - - (;ivo�, Mv�r�r;is — fv°l�y 25 Labaur Qay — September 7 Than�s�iving — Qc�ober 12 Ap�l 5 M T W T F S 1 2 3 4 5 6 7 8 9 1(} 11 12 13 14 15 18 17 18 19 � 2{i 21 22 23 24 25 26 27 2$ 29 3D August S M T V11 T � S 1 2 3 4 � 6 7 ii 9 '� 0 11 fi 2 13 'l �4 15 1B '�� 1$ 19 24 21 22 23 24 25 2B 27 28 29 3i] 31 Qecember 5 M 7 W T F S 'I 2 3 4 5 6 7 8 9 1� 11 12 13 �•i �5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3a 31 March Break — March� 16-20 „ _,,,.: ._ „_ _��;---- �,-.��;,:�_,. .._:� _._-, .�- �ti,_::.:.. ;�s:—�ll—.:nr,,_�= ::::::::—� ��•�. ��i�.- From Subject: Paul Bigioni Director, Corporate Services & City Solicitor Report to Council. Report Number: CLK 07-14 Date; December 15, 2014 2014 Municipal Election - Report on Accessibility - File: A-2000 Recommendation: 1. That Report CLK 07-14 be received for information. Executive Summary: The City Clerk is responsible for conducting the municipal election� and establishing policies and practices to ensure that all electors have the opportunity to participate. As per section 12.1(2) of the Municipal Elections Act, 1996, within 90 days after voting day in a regular election, the Clerk shall submit a report to Council about the identification, removal and prevention of barriers that affect electors and candidates with disabilities. Financial Implications: There are no financial implications. Discussion: The Municipal Elections Act, 1996, as amended by Bill 212, now requires that every municipality, within 90 days after voting day in a regular efection, submit a report to Council about the identification, removal and prevention of barriers that affect electors and candidates �with disabilities. Please see below for a listing of initiatives that were undertaken by the City of Pickering to deliver an accessible election. Initiative Outreach to groups knowledgeable in accessibility to obtain feedback on plans 51 Actions Reviewed various agency websites and reports (i.e. CNIB), including a review of area municipality accessibility plans. Received approval from the Pickering Accessibility Advisory Committee on Accessible Election Procedures on May 28, 2014. Report CLK 07-14 December 15, 2014 Subject: 2014 Municipal Election — Accessibility Report Page 2 Ensure all voting locations are accessible Site inspections were conducted for all to electors with disabilities voting locations, which included an accessibility checklist for election staff to determine: - Barrier free paths of travel from the parking lot to the entrance; - Barrier free parking; - Door operators or accessible doors; - Adequate lighting; - The availability of accessible washrooms; - Access to the facility via public transit; and - A voting area with adequate space for a wheelchair or scooter. All locations were found to be accessible. Voters could also be accompanied by a support person, service animal, or obtain assistance from trained Election Officials in casting their vote. Prominent signage was displayed at each voting location to ensure that all electors ` could clearly see where to go and vote. Magnifying sheets were available at each voting location to assist those electors with low vision. Provide voting opportunities in institutions Voting locations were established at the and retirement homes following facilities to allow eligible residents the opportunity to vote; - Abbeylawn Manor - Bay Ridges LTCC � - Chartwell Parkway Retirement � Residence - Orchard Villa Retirement Residence - Rougemount Co-operative Homes - V!VA Pickering Accessible Voting Technologies During the four days of the Advance Vote, the "Ima eCast Precinct Ballot Markin CORP0227-07/01 revised 52 Report CLK 07-14 December 15, 2014 Subject: 2014 Municipal Election — Accessibility Report Page 3 Device" was available for voters. This unit services both voters and accessible voters (voters who cannot mark a paper ballot with a pen and/or require assistance to mark a ballot). . This machine includes the ATI (Audio- Tactile Interface), a set of headphones, a Sip and Puff Input InterFace, and a Paddle •. Button Input InterFace, which can assist a variety of persons with disabilities. This device was also available, upon request, on Election Day, In the case where an elector with a disability was unable to attend a voting place, he or she could appoint a proxy to vote on their behalf. Advertising Advertisements to encourage individuals with accessible needs to come out to the advance vote were posted in the Pickering News Advertiser on October 8tn and October 15th. Signs were also posted at the Central Library and the Recreation Complex. Accessibility measures were identified on each Voter Notification Card, which was mailed to all eligible voters in the City of Pickering. The City's On Hold Messaging for the phone system contained a message in October advising residents of available . accessible voting technology. Notice of temporary disruption of service procedures were in place, in the event that a polling location became unavailable during either the advance vote or on � Election Day. CORP0227-07/01 revised 53 Report CLK 07-14 December 15, 2014 Subject: 2014 Municipal Election — Accessibility Report Page 4 Alternate Formats Election information to be made available in accessible formats, if requested. Candidates The Clerk's Office provided candidates with information on how to make their campaign more accessible. Candidate meetings were all held at accessible venues. Training In accordance with the Accessibility Standards for Customer Service Regulation, Regulation 429/07, all Election Officials received accessible customer service training: This training encompassed a review of the Accessibility for Ontarians with Disabilities Act, 2005 and provided an overview of the City's policies and procedures. Election Officials were provided with handouts of the City's Accessible Customer Service Training and an overview of the � standards in the Integrated Accessibility Standards; 1. Information & Communications Standard 2, Employment Standard 3, Transportation Standard 4. Design of Public Spaces Standard Election Officials also watched an Accessible Customer Service Training Video from the Association of Municipal Clerks and Treasurers of Ontario (AMCTO). Feedback Election Officials were asked to review the polling location on Election Day to ensure ongoing accessibility (i.e. no items blocking entrances or pathways). A survey was sent to Election Officials post-election, that enquired about an CORP0227-07/01 revised 54 Report CLK 07-14 Subject: 2014 Municipal Election — Accessibility Report December 15, 2014 Page 5 accessibility issues at the voting place. Feedback will be incorporated into the 2018 election. The City Clerk continues to welcome feedback to identify areas where accessibility amendments need to be considered, and ways in which the City can improve the delivery of an accessible election. Prepared By: ��`/��t, �.2i�1%""� Lisa Harker (Acting) Supervisor, Legislative Services Apprq�v�d/Endorsed By: \� Paul Bi� Director, DS:Ih Services & City Solicitor Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised 55 Approved/Endorsed By: i � r - Debbie Shields City Clerk }��t ?� � 2�l� a .� .im ._ �I��` � � u,; ;� ,.wup� � � '" � „ . �. rrrn 1 �•-� --=�--_er ��i'.- I'�'t•7 i i�l Subject: Paul Bigioni Director, Corporate Services & City Solicitor Council Appointments to Committees - Re: Policy Creation Recommendation: � ' • ! • • Report Number: CLK 08-14 Date: December 15, 2014 That the Council Appointments to Committees Policy as set out in Attachment #1, be approved. Executive Summary: Appointments to Boards and Committees and for the position of Deputy Mayor are made by By-law or Resolution of Council in accordance with the Municipal Act, 2001, s.242. In order to clearly identify how the appointment process should be completed, it is recommended that the Policy as set out in Attachment No.1 be approved. Financial Implications: There are no financial implications. Discussion: The City of Pickering follows the Municipal Act, 2001 by making appointments to Boards and Committees through a By-law or a Resolution of Council. Historically, Council appointments to Boards and Committees and the appointment of an Acting Mayor have been made at a Council meeting by a motion. The City of Pickering has not established a formal policy for these appointments. In order to clarify the process, create efficiencies and make the process more transparent, it is recommended that the attached Policy be approved by Council. The new policy would require that any Councillor who wants to sit on a Board or Committee must advise the City Clerk. The names of Councillors seeking appointments would then be noted in a report to Council so that their interest in the position is clearly noted prior to the appointments being made. At a meeting of Council, a vote would be taken on the names that are listed. Listed Councillors receiving the highest number of votes would then be appointed to the relevant Boards and Committees. 56 Report CLK 08-14 Subject: Council Appointments to Committees December 15, 2014 Page 2 It is also recommended that, the City adopt the prior practice of appointing the Regional Councillors as Acting Mayor, with each Regional Councillor being appointed to the Acting Mayor position for a 16 month period, beginning with the Regional Councillor for Ward 1, then 2 and 3, and that the Acting Mayor position be referred to as "Deputy Mayor". In the event that the Mayor or Deputy Mayor cannot attend an event, then the City Councillor in the Ward where the event is taking place shall be asked to represent the City as Acting Mayor. If that Councillor is not available, then the Mayor will select another Councillor to attend the event as Acting Mayor. Acting Mayor will be the title of any other Councillor selected to represent the Mayor or Deputy Mayor at an event. If the Mayor or Deputy Mayor is absent or refuses to act during a Council Meeting, then the Procedural By-law will determine how the Meeting is conducted in his/her absence. Attachments: Draft Policy Regarding Council Appointments to Committees Prepared By: � , �/J_Xu-�J� Debbie Shields City Clerk DS:Ir Recommended for the consideration of Pickering City Council / � / �" ' � � Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised 57 Approv ndorsed By: e � � Paul Bigioni Director, C rp r Services & City Solicitor s�,� y � �: � �r � ,,,,. =� �Cl:l�.� =��1' ,�� a-� t: �:::y 7 .ie�. �.'— �Q�Ti , .. ....::..:. �� w �1'�'�C�t��d�� r� €��`� C: L K(� S- I� i ty o I i c y Policy Title: Policy Number: Council Appointments to Committees ADM Reference: Date Originated: Date Revised: Municipal Act December 15, 2014 Procedural By-law ADM 040 — Boards & Committees of Council Approval: Chief Administrative Officer Point of Contact: City Clerk Policy Objective The purpose of this policy is to establish a process for the appointments of Members of Council as Acting Mayor and to Boards and Advisory Committees of Council, external bodies, local boards not established by Council and internal working groups of an administrative nature. This policy supplements the Municipal Act, 2001, the City of Pickering's Procedural By- law and the City of Pickering's Boards and Committees Policy. Index 01 Definitions 02 General 03 Appointment Process for Acting Mayor 04 Appointment Process for Committees 01 Definitions: 01.01 Acting Mayor — means the Councillor who has been selected to act in the Mayor or Deputy Mayor's place at events where the Mayor or Deputy Mayor cannot attend. 01.02 Committee — means any Board, any Advisory Committee of Council, any external body or local board not established by Council and any internal working group of an administrative nature. . 01.03 Councillor — means any Member of Council, excluding the Mayor. : 01.04 Deputy Mayor - means the Regional Councillor who has .been appointed to act in the Mayor's place when he/she is absent from the municipality or an event, absent through illness or when the office of the Mayor is vacant. 01.05 Member of Council — means the Mayor and any Councillor. 02 General: 02.01 At the beginning of each term of office, and when vacancies occur on any Committee, Council appointments are required. 02.02 At the beginning of each term of office, Council is required to appoint a Deputy Mayor to represent the Mayor when the Mayor is absent from the municipality or an event, absent through illness or when the Office of Mayor is vacant. 02.03 The City of Pickering follows the Municipal Act, 2001, s. 242 for the process of making appointments by means of a by-law or a resolution of Council. The purpose of this Policy is to provide an efficient and transparent process to be followed for Council appointments. 03 Appointment Process for Deputy Mayor: 03.01 Only Regional Councillors will be appointed as Deputy Mayor. 03.02 Each Regional Councillor will be appointed as Deputy Mayor for a term of 16 months beginning with Regional Councillor, Ward 1, then Regional Councillor, Ward 2 and then Regional Councillor, Ward 3. 03.03 In the event that the Mayor or Deputy Mayor cannot attend an event, then the City Councillor in the Ward where the event is taking place shall be asked to represent the City as Acting Mayor. If that Councillor is not available, than the Mayor will select another Councillor to attend the event as Acting Mayor. 03.04 If the Mayor or Deputy Mayor is absent or refuses to act during a Council Meeting, then the Procedural By-law will determine how the Meeting is conducted in his/her absence. 04 Appointment Process for Committees: 04.01 At the beginning of each term of office, or when a vacancy occurs, the City Clerk will advise all Members of Council in writing of all Committees at which Council representation is required, with a deadline date for submissions of interest. Policy Title: Appointment Policy for Council Appointments Page 2 of 3 P�Ij�y Number: ADM y 04.02 Prior to the deadline date, Members of Council must advise the City Clerk in writing of any Committees to which they are interested in being appointed. 04.03 Submissions of interest received by the City Clerk after the deadline date will only be accepted upon a motion, duly moved, seconded and carried at a Council Meeting to add the name(s). 04.04 The City Clerk will present a Report to Council listing each Committee requiring Council representation together with the name(s) of the Members of Council interested in being appointed to the Committee. 04.05 At a Meeting of Council, votes will be taken for each Member of Council Iisted for each Committee, and the highest number of votes will determine the Member(s) of Council appointed to each Committee. Policy Title: Appointment Policy for Council Appointments Policy Number: ADM Page 3 of 3 C�� ,,,,,... , ,�_ ��r��_ � �- ; ,—, �ll� � `:: From Subject: Paul Bigioni Director, Corporate Services & City Solicitor Review of Boards and Committees File: A-1410 Recommendation: Report to Council Report Number: CLK 09-14 Date: December 15, 2014 That Report CLK 09-14 of the Director, Corporate Services & City Solicitor be received; 2. That Policy ADM 040 for Boards and Advisory Committees, included as Attachment #1 to this report be approved; 3. That the Advisory Committee on Diversity, Sustainable Pickering Advisory Committee and WaterFront Coordinating Committee be formally disbanded based on project/mandate completion or amalgamation; 4. 5 C� That a Cultural Advisory Committee be established as a formal advisory committee as outlined in this report; That the Boards and Advisory Committees of Council included as Attachment #2 in this report be formally reconfirmed; . That the existing appointees to the remaining Boards and Advisory Committees be reconfirmed until January 31, 2015; and 7. That the City Clerk take the appropriate action to advertise for citizen appointments to the Boards and Advisory Committees, that a report be brought back to Council in January, 2015 listing all citizen applicants and that Council appoint members to the Boards and Advisory Committees at its January, 2015 meeting. Executive Summary: Under the Municipal Act, municipalities can authorize the creation of various advisory committees to assist Council on specific matters. All advisory committees are established and appointed by resolution of Council. At the beginning of each term of Council a review of these Boards and Committees is completed and appointments to the Committees are made. Financial Implications: There are no�financial implications. 61 Report CLK 09-14 December 15, 2014 Subject: Review of Boards & Committees Page 2 Discussion: In 2013, the City Clerk introduced a pilot program to facilitate and review City of Pickering Advisory Boards and Committees. The review was undertaken to get a better understanding of the strengths and weaknesses of the City's Committees. There is always room for enhancements and opportunities to increase the effectiveness of the City's Advisory Boards and Committees. The first initiative undertaken during the pilot program was to replace the Chair and Vice Chair of each Committee with a Facilitator. This move gave the Committee members more time to concentrate on their mandate because they no longer had to be concerned with agenda production and Parliamentary procedures. The Facilitator's purpose was to control the meeting more appropriately and to keep Committee deliberations on track. During the pilot program, staff observed a decrease in the length of time required for Committee meetings. We found that information flow between the City and the Committees was more efficient. The Facilitator and Staff representatives were able to communicate with Committee members more quickly when not limited to monthly. meetings through the Chair. Throughout the pilot program the City Clerk, as Facilitator for most of the Committees in the program, was able to review the mandate and work plans of the Committees. The revised Boards and Advisory Committees Policy attached reflects changes that should be considered by Council. The following is a summary of those changes: - Deletion of Chairs and Vice Chairs where not required by statutory authority or Committee Terms of Reference and replacement with a City Staff Facilitator; - Deletion of Council representation on Committees where not required by statutory authority or Terms of Reference; and - Clarification of processes and duties. Also during the pilot program, the City Clerk noted that there were Committees that have either completed their project/mandate or whose mandate is no longer justifiable as the single purpose for a Committee. The City Clerk is recommending that the Committees set out below be disbanded or amalgamated with other Committees. The mandates of these Committees should be reviewed by staff in order to determine whether the mandate should be revised or incorporated into one of the other Committees. If at a later date staff feel the Committee should be reinstated then a report to Council will be presented for information and approval. Committees Being Recommended to be Disbanded and Reviewed Advisory Committee on Diversity — Originally the name of the Committee was the Advisory Committee on Race Relations & Equity and was established in 1990. The mandate of the Committee was to provide guidance and advice to the community on matters involving race relations and equity and to promote the full and equal access, opportunity and participation of all citizens in the social, CORP0227-07/01 revised 62 Report CLK 09-14 December 15, 2014 Subject:. Review of Boards & Committees Page 3 cultural, economic and political affairs of the community and the City. Over the years this Advisory Committee has contributed and recommended numerous ideas and has fulfilled its mandate. At the beginning of the 2010 — 2014 term the name of this Committee, was changed to the Advisory Committee on Dive.rsity in order to reflect the Committee's definition of diversity and the social changes over the years. The Committee also conducted a review of its mandate and the outcome of that review suggested that a broader concept of diversity should be embraced. To this end, Staff recommend that this Committee be disbanded and that its mandate be rolled into a broader Cultural Advisory Committee. Sustainable Pickering Advisory Committee - The Sustainable Pickering Advisory Committee was endorsed by City Council to create, throughout the entire municipal structure, a culture whereby all actions and programs could be evaluated through the consideration of environmental, social and economic factors. This Committee consists of three Members of Council. The mandate of the Committee has effectively been met and it is recommended that this Committee be disbanded at this time so that Staff can review the Committee's mandate and the addition of citizen appointments. Waterfront Coordinating Committee - The Waterfront Coordinating Committee was established to help coordinate the implementation of approved waterfront projects, to provide technical advice and assistance on waterfront issues, to provide assistance in finding waterfront funding sources and fundraising efforts. Over the years, this Committee has reviewed and advised the City on waterfront projects. In 2009, the City completed the Frenchman's Bay Stormwater Management Plan and Council has also approved the Frenchman's Bay Waterfront Master Plan with input from the Committee. Now that the Plans have been approved and work is almost complete on the Harbour Entrance, a review of this Committee's mandate should be undertaken. During the pilot project, the City Clerk noted that the Committee's meetings usually consist of staff updates on the ongoing work at Frenchman's Bay and events at the waterfront. Meetings are not required on a regular basis and no new projects are currently being reviewed. It is being recommended that this Committee be disbanded and that staff continue to work towards implementing the projects and plans. Addition of a Cultural Advisory Committee The City of Pickering Cultural Strategic Plan, approved by Pickering Council on June 16, 2014 as per resolution #247/14, sets a vision for the place of arts, culture and heritage in the City and identifies strategic directions for policy, investment, partnerships and programs for the next 10 years. Pickering's Cultural Strategic Plan sets out six strategic directions: CORP0227-07/01 revised 63 Report CLK 09-14 Subject: Review of Boards & Committees December 15, 2014 Page 4 1. broaden and deepen City leadership and investment 2. build a strong and collaborative culfural sector 3. strengthen culture led economic development 4. conserve and promote history and heritage 5. celebrate and support diversity and inclusion 6. culture opportunities for the creation, education and enjoyment of the arts The Cultural Advisory Committee ("CAC") will assist City staff with the implernentation of the City of Pickering Cultural Strategic Plan. The CAC will identify and coordinate opportunities for stakeholder and community engagement and will provide expert community input on matters relating to the provision of cultural services. If approved, the new Cultural Advisory Committee will encompass a number of strategies for the residents of Pickering and will be an important addition to the Advisory Committee list. Terms of Reference regarding this Committee will be introduced at a future meeting for Council approval. In order to facilitate the changes to the Boards and Advisory Committee of Council . Policy and to prepare Terms of Reference for all Committees, it is being recommended that the existing 2010 — 2014 Committee appointments be extended until January 31, 2015 and that appointments to the 2014 — 2018 term be made in January 2015. Attachments: 1. City Policy ADM 040 - Boards and Advisory Committees of Council 2. Reconfirmed Boards and Advisory Committees Prepared By: � • ��n�..e.� Debbie Shields City Clerk -:. Recommended for the consideration of Pickering City Council� �� Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised App o ed/Endorsed By: .° � Paul i o ' Dire tor, Co porate Services & City Solicitor �. �� 64 . , 4._: _ �,_ ,,... , .� . �,=�„u��=::�:: __-, ,�_��,:: - :�r,_a „> � .,�,��; -.....—i ,,..,.,.,,...,.. - --�-��. tra:�� .�A°r ea ic i %ma��o �.'-.�;,,�..., � Clt�/ POIIC�/ Policy Title: Policy Number: Boards & Advisory Committees of Council ADM 040 Reference: Date Originated: Date Revised: Municipal Act and Procedural By-law November 10, 2008 December 13, 2010 Resolution #165/10 October 2012 December 15, 2014 Approval: Chief Administrative Officer Point of Contact: City Clerk Policy Objective The purpose of this policy is to identify a process for establishing Boards and Advisory Committees of Council, requirements for maintaining and supporting their work, and the coordination of the appointment and advertising process through the City Clerk. It excludes external bodies and local boards not established by Council and internal, working groups of an administrative nature. This policy supplements the City of Pickering's Procedural By-law which applies to all Boards and Advisory Committees, including staff liaisons. Index 01 Definitions 02 Implementation Procedure — Classification of Boards and Advisory Committees 03 Establishment of Boards and Advisory Committees 04 Relationsh`ip between Advisory Committees and Council 05 Ongoing Review of Boards and Advisory Committ�es 06 Terms of Reference 07 Appointment Process and Advertising for Board/Advisory Committee Members 08 Resignation/Dismissal Process 09 Absentee Requirements 10 Orientation Sessions 11 Meeting Structure, Agenda and Minute Formats 12 Access to Meetings 13 Provision for Accessibility and Diversity 14 Pecuniary Interest 15 City Policies and Procedures 65 16 General Rules Governing Committees Appendix 1— Terms of Reference — Sample Format 01 Definitions Not applicable. 02 Implementation Procedure -- Classification of Boards and Advisory Committees 02.01 Where the municipality makes appointments to bodies of its own creation and to outside bodies when requested to do so, such appointments shall be citizen appointments, except in those situations where the municipality has a direct financial involvement, in which case Council shall determine whether or not it will appoint citizen and/or Council Members to such bodies. Council, under certain circumstances, may deem it necessary for Council representation on some Boards and Advisory Committees. 02.02 Boards and Advisory .Committees may be either ongoing or a task force. Ongoing Boards and Committees provide recommendations, advice and information to Council on an ongoing basis on specific municipal matters that are set out in the mandate and Terms of Reference. They include some of the following: a) Advisory - includes bodies authorized by Council to provide input on a discretionary basis and advice to Council on particular matters, or to undertake special projects as assigned. b) Mandatory - where a Provincial Statute prescribes the type of appointments to be made by the municipality to a given body. c) Local Boards - means a school board, municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, Committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes, including school purposes, of a municipality. d) External Bodies - separate special purpose bodies that have a substantial amount of authority over their own operations. e) Appeals Committee - hears and deals with appeals and/or minor variances to City By-laws. 02.03 Task Forces assist in the short-term study and analysis of a specific municipal issue, as defined in Terms of Reference and established by a Policy Title: Boards and Advisory Committees of Council Page 2 of 15 Policy Number: ADM 040 66 confirming by-law. Task Forces may include staff representation as well as representation from external bodies. 03 Establishment of Boards and Advisory Committees 03.01 Boards and Advisory Committees are proposed by resolution of Council and established by a confi"rming by-law. Each resolution shall incorporate the Terms of Reference for the specific Board/Advisory Committee. Prior to Council's establishment of any Board or Advisory Committee, relevant director(s) shall submit a report to Council including the following information: a) inventory of previous and existing activities related to the matter, including public consultation initiatives; b) suggested types of public consultation; c) Board/Advisory Committee Terms of Reference; d) membership composition and level of expertise or specialization required by Committee members for the selection process; and e) orientation, training and facilitation needs. 04 Relationship between Advisory Committees and Council Advisory Committees are proposed by resolutions of Council and the Committees purpose is to assist Council by providing recommendations on specialized issues, on a policy and/or operational level, as set out in mandate and specific, Council approved work plans. Advisory Committee members are appointed by Council, and serve at the pleasure of Council for a specified term, where statutory authority does not state otherwise. . The nature of Advisory Committee recommendations to Council are purely advisory, and Council may approve, amend, refer or propose other resolutions, as Council deems appropriate. Advisory Committees shall not reconsider, recommend or advise on a matter that has been decided by Council, unless directed by Council. Advisory Committee members(s) shall rely exclusively on appointed staff support to communicate and dispense with recommendations and actions taken by Advisory Committees, and shall not intervene in the administrative practices of the City of Pickering. Advisory Committees shall prepare an annual report to Council reviewing their goals, objectives and successes in relation to their work plan, and should include a delegation to Council. The substance of the report shall be prepared by the Advisory Committee members, with administrative assistance and policy advice given by City staff. Policy Title: Boards and Advisory Committees of Council Page 3 of 15 Policy Number: ADM 040 67 05 Ongoing Review of Boards and Advisory Committees 05.01 Early in each new Council term, Council shall review all Boards and Advisory Committees, The City Clerk and the Senior Management Team shall assist in this effort by providing an overview of all Boards/Advisory Committees, including, but not limited to the following: a) a list of Boards/Advisory Committees by name and type; b) summary of mandates, goals and objectives for each Board/Advisory Committee; c) achievements and challenges for each Board/Advisory Committee; d) recommendations on the future direction of each Board/Advisory Committee and its structure in general; and e) reviews and recommendations on the reporting and functional relationships of Boards/Advisory Committees in general. 05.02 If a Board or Advisory Committee is to be disbanded, a final report on the Board/Advisory Committee activities and reasons for disbanding shall be presented to Council for approval. 06 Terms of Reference 06.01 The Terms of Reference will be established in accordance with the template included as Appendix I to this policy. 06.02 Terms of Reference, once established, must be approved by Council and amendments to those terms can only be made with Council approval. 06.03 The Terms of Reference of each Advisory Committee shall be reviewed on an ongoing basis by relevant staff to ensure that each Committee and its Terms of Reference remain relevant and appropriate. 07 Appointment Process and Advertising for BoardlAdvisory Committee Members 07.01 Where a Provincial Statute prescribes the type of appointments to be made by the City to a given Board or Advisory Committee, the Statute shall be complied with. Where the City makes appointments to Boards/Advisory Committees of its own creation and to outside bodies when requested to do so, such appointments shall be citizen appointments, except in circumstances where the City has a direct financial involvement, in which instance Council shall determine whether or not it will appoint citizens and/or Council Members to such bodies. Policy Title: Boards and Advisory Committees of Council Policy Number: ADM 040 Page 4 of 15 . 07.02 Vacancies for citizen appointments shall be publicly advertised in the local newspaper, on the City of Pickering website and in any other manner that the City deems appropriate to reach the broadest sector of our community. 07.03 Applicants shall be a property owner or resident of Pickering and a minimum of 18 years of age unless otherwise determined by committee membership requirements. 07.04 Generally, the duration of Board/Advisory Committee appointments are the same as the term of Council, however staff may recommend that the terms for specific Board/Advisory Committee appointments be staggered to ensure experience and consistency in following the Board/Advisory Committee's goals and mandate. While appointees may serve on more than one Board/Advisory Committee, Council shall give first consideration to individuals who are not already appointed to another Board/Advisory Committee. 07.05 The following process, coordinated by the City Clerk and Legislative Services, will generally be followed in initiating the reeruitment, selection and appointment process: a) upon Council passing a resolution to establish a Board/Advisory Committee, or when a vacancy occurs, the City Clerk, in consultation with the relevant department and Staff Liaison assigned to the Advisory Committee, will advertise Committee vacancies in the local newspaper, the City website and in any other manner that the City deems appropriate to reach the broadest sector of the community. The advertisement will make note of the mandate of the Committee, a brief statement of the role and responsibilities of Committee membership, duration of term, level of commitment, application process and contact information; b) applicants shall be required to complete and submit to the City Clerk an application form, availabie from the Clerk's Office and the City website. Once the applications have been reviewed by staff, a report recommending selected appointees will be prepared for approval by Council. All applications received shall be forwarded to Council with the staff report; and c) the Clerk's Office, on behalf of Council, shall send out confirmation letters to new Board/Advisory Gommittee appointees and advise of their Staff Liaison for that Committee and any other relevant contacts. 08 Resignation/Dismissal Process 08.01 Board/Advisory Committee members wishing to resign their appointment shall submit a letter of resignation which shall be forwarded as soon as possible to the City Clerk. Upon acceptance of the resignation, the City Clerk in consultation with the staff liaison assigned to the Committee will initiate the aforementioned appointment process to fill the vacancy. Policy Title: Boards and Advisory Committees of Council Page 5 of 15 Policy Number: ADM 040 69 08.02 Council, at its discretion, can dismiss any Board/Advisory Committee in its entirety or any member thereof at any time. 09 Absentee Requirements 09.01 If any Board/Advisory Committee member is absent from three consecutive meetings, or absent from over 50% of the meetings in one year without justification, the staff liaison will contact the member to ask whether or not they wish to remain on the Committee or resign. 09.02 If contact cannot be made with an absent Committee Member and five months of continuous absenteeism has been noted, the Committee Member's seat automatically becomes vacant and the process for filling a vacancy will begin. 10 Orientation Sessions 10.01 Orientation sessions shall be conducted by the Legislative Services Division and Staff Liaison assigned to the Committee for new Board/Advisory Committee appointees and for interested returning Board/Advisory Committee appointees at the beginning of each Council term. All Board/Advisory Committee members benefit from orientation. The sessions identify goals, objectives and work plans. Further sessions may _ be conducted for appointees during the Council term, as required. Orientation manuals will be distributed to all members of the Committee for reference purposes. Each Board/Advisory Committee package shall include the following information: a) establishing Resolution/Confirming By-law for Board/Advisory Committee and Terms of Reference; b) mandatory statutes (e.g. Accessibility for Ontarians with Disabilities Act); c) City of Pickering Procedural By-Law; d) City Organizational Structure; e) member contact information; fl council members' contact information; g) relevant City Policies and Procedures affecting Board/Advisory Committee members; h) information regarding Committee relationship to Council; and i) staff support. Policy Title: Boards and Advisory Committees of Council Policy Number: ADM 040 Page 6 of 15 70 10.02 As per the Accessibility for Ontarians with Disabilities Act, 2005, all City employees, volunteers and/or agents as well as any other individual who might be reasonably expected to interact with the public on behalf of the City will receive Accessible Customer Service Training. The Staff Liaison assigned to the Committee will arrange training for new Board/Advisory Committee members who have not had Accessible Customer Service Training. 11 Meeting Structure, Agenda and Minute Formats 11.01 Regular meetings will be held monthly, but variations may be determined by the Committee and Staff Liaison assigned to the Committee. A meeting schedule, setting out the time and place for meetings will be established by staff. Meeting venues will be accessible, and sufficient to accommodate Committee members, staff and guests. 11.02 Meeting structure, agenda and minute formats should meet the needs of individual Boards/Advisory Committees, while ensuring consistency, completeness and accountability. A Board/Advisory Committee may choose to follow a more informal procedure and allow for a consensus approach to discussion. It is recommended that the following components be included in agendas, where specific subject items are described in each component: a) date, time, location of ineeting; b) members present (list names and titles, ie. J. Doe, Chair); c) members absenUregrets; d) approval of previous minutes; e) presentations/deputations; fl general business and reports; g) correspondence; h) other business; i) next meeting; and j) adjournment. 11.03 City Staff and Committee Members should structure meeting agendas to make every effort to adhere to a two hour time limit for all Advisory meetings. Policy Title: Boards and Advisory Committees of Council Page 7 of 15 Policy Number: ADM 040 71 11.04 Minutes of ineetings are scribed without note or comment. Minutes should briefly outline the substance of each of the agenda items discussed during the meeting, including actions taken and recommendations by motion. Motions shall not be required to be seconded. Minutes should have a collective, not a personal focus. What individuals said is less significant than the precise wording of proposals and the decisions made by the majority of the Committee or by general agreement. No member has the inherent right to have his or her comments on the record. Minutes are primarily a record of what was done at a meeting, and not a record of what was said by members. Minutes are not taken verbatim. They are not a transcript. . 11.05 Minutes shall be forwarded as soon as possible following the meeting to the City Clerk in order to present them to Council as information on a timely basis. Staff will be required to prepare a report for any recommendation of a Board/Advisory Committee requiring action by Council. Minutes of all meetings must be recorded. 12 Access to Meetings 12.01 Except as provided in this section, all meetings shall be open to the public and the media and Board/Advisory Committee minutes shall be available upon request. Special guests, volunteers, organizational representatives and City staff do not constitute committee members, and are unable to vote. The Facilitator who is facilitating the meeting may expel any person for improper conduct at a meeting. 12.02 Board/Advisory Committee meetings should not be closed to the public. If a Board/Advisory Committee feels that discussion of an item on the agenda needs to be closed to the public, then tlie City Clerk must be advised in advance, and a 24 hour notification proc,ess must be followed. A meeting can only be closed to the public if the subject matter being considered is: a) the security of the property of the municipality or local board; b) personnel matters about an identifiable individual, including municipal employees or local board members; c) a proposed or pending acquisition or disposition of land by the municipality or local board; d) labour relations or employee negotiations; e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality; fl the receiving of advice that is subject to solicitor-client privilege; including communications necessary for that purpose; Policy Title: Boards and Advisory Committees of Council Policy Number: ADM 040 Page 8 of 15 72 g) a matter in respect of which the board or Committee may hold a closed meeting under the authority of another Act; or h) for the purpose of educating or training the members, subject to the condition that no member discusses or otherwise deals with any matter in a way that materially advances the business or decision- making of the Committee. 12.03 Before holding a meeting or part of a meeting that is to be closed to the public, the Board/Advisory Committee shall state by resolution: a) the fact of the holding of the closed meeting; b) the general nature of the matter to be considered at the closed meeting; and c) in the case of a meeting for educational or training purposes, that it is closed for that purpose as well. 12.04 All deliberations while in closed session shall remain confidential unless otherwise approved by Committee in open session. 12.05 Any motion made regarding an item within a closed session shall be made in open session. 12.06 A statement must be placed in the public minutes the general nature of the closed meeting. 13 Provision for Accessibility and Diversity 13.01 Adequate provisions shall be made by relevant staff to ensure that meeting locations, agenda and minute formats, communications and conduct of ineetings be accessible, to ensure maximum participation and quality customer service. Reference may be made to the provisions of the Accessibility for Ontanans with Disabilities Act, and similar legislation, polic,ies and guidelines. Membership that reflects the diversity of the City community will be encouraged in the recruitment, selection and appointment process. 14 Pecuniary Interest 14.01 Committee members are deemed not to have pecuniary conflict of interest in that they have no decision-making ability. However, members should be cognizant of any perceived conflict in terms of issues, which may serve � to benefit them personally. Members shall not use their status on Committees for personal or political gain. Policy Title: Boards and Advisory Committees of Council Page 9 of 15 PQl�cy Number: ADM 040 / 14.02 If a Committee member feels they have a perceived conflict of interest in any matter and is, or will be, present at a meeting at any time at which the matter is the subject of consideration, the member: a) shall, before any consideration of the matter, at the meeting verbally disclose the interest and its general nature; b) shall not, at any time, take part in the discussion of, or vote on, any question in respect to the matter; c) shall leave the meeting and remain absent from it at any time during consideration of the matter; and d) Members shall not use their status on Committees for personal or political gain. ` 15 City Policies and Procedures 15.01 Board and Advisory Committee members shall adhere to the policies and procedures of the City of Pickering. 16 General Rules Governing Board and Advisory Committees 16.01 Duties of Members of Council a) Members of Council may attend any or all Advisory Committee meetings. b) At Advisory Committee meetings, Members of Council can respond to Committee members' questions, interpret Council's direction and give input or support to the Committee c) Members of Council are not included as part of the quorum, and have no voting rights. 16.02 Duties of Committee Members Committee Members are required to: a) Understand the mandate of the Committee, including its relationship to Council; b) Understand their role and responsibilities, including relevant City policies; c) Strive to attend all scheduled and special advisory committee meetings; Policy Title: Boards and Advisory Committees of Council Policy Number: ADM 040 Page 10 of 15 74 d) Prepare for meetings by reading agendas and any background information supplied; e) Actively participate in the discussion and decision-making process; fl Undertake any work assigned, including special projects and research, in between meetings; g) Be open minded and allow for a variety of opinions to be heard; h) Respect the individual worth and dignity of other Advisory Committee members, and maintain a high degree of professionalism; i) Respect that actions taken and recommendations shall reflect the majority view of the advisory committee; and j) Respect the finality of Council decisions 16.03 Duties of City Staff a) The Staff Liaison for each Committee will facilitate meetings unless a Chair or Vice Chair is required by a statute or Terms of Reference. b) City Staff will take minutes at meetings; c) Legislative Services will coordinate agendas, minutes and correspondence; and d) City Staff assume two principle functions: a secretarial role and a policy advice role. These roles may be undertaken by one or more staff. 16.04 Duties of the Facilitator The Facilitator is required to: a) Facilitate the meeting by identifying the order of proceedings and speakers; interpret and determine questions of procedure; ensure active participation by all Advisory Committee members; maintain decorum and ensure fairness and accountability; b) Be open-minded and encourage a variety of opinions to be heard; c) Respect the individual worth and dignity of Advisory Committee members, and maintain a high degree of professionalism; d) Review agendas and minutes provided by staff; and lead the preparation of annual reports/presentations to Council; Policy Title: Boards and Advisory Committees of Council Page 11 of 15 P75y Number: ADM 040 e) Review the goais and objectives of the Advisory Committee and ensure that its work plan is realistic and up to date; fl Seek clarification and answers for Advisory Committee members through Council or City Staff; g) The Facilitator has no authority to make decisions, and can only assist with the conduct of a meeting in a fair and efficient manner so that the will of the majority prevails after all members have had a fair chance to present their points of view; h) The Facilitator has no voting rights, is present to assist the Committee in administrative processes and is independent of the Advisory Committee; and i) The Advisory Committee may choose to relax procedures and allow for a consensus approach to discussion, keeping in mind that questions of procedure shall be determined by the Facilitator, subject to the City's procedural by-law. The Clerk may provide guidance on the interpretation and application of procedures. Good faith misinterpretation of procedures shall not affect the validity of any meeting. 16.05 Quorum a) A majority of the Members of any Committee shall be required to officially constitute a meeting. A majority shall be considered one half of the number of inembers plus one additional member; b) City staff, Members of Council who have not been appointed to the Committee, special guests, volunteers and organization representatives have no voting privileges and will not be included in the quorum; c) If no quorum is present thirty (30) minutes after the time scheduled for a meeting, the Recording Secretary shall call the roll and record the names of the members present, and the meeting shall stand adjourned until the next meeting date; and d) If the Facilitator is absent from the meeting and another City Staff member is not present but, quorum has been met, then a Committee Member can be appointed to facilitate the meeting. 16.06 Reporting to Council a) Citizen Advisory Committees shall prepare an annual work plan submission, which shall include a report on the previous year's accomplishments to Council, and a work plan for the current year; Policy Title: Boards and Advisory Committees of Council Page 12 of 15 Policy Number: ADM 040 76 b) This process shall be led by the Staff Liaison of the Committee and may include a delegation to Council; and c) Every Citizen Advisory Committee matter which needs to be referred to Council shall be done in writing through the Staff Liaison. The Staff Liaison assigned to the Committee will submit a memo to Council as Correspondence stating the Committee's recommendations. The Council Correspondence direction will be for Council to "Receive as Information" or to "Refer to a Director" for investigation. No order or authority to do any business shall be recognized as emanating from a Committee, unless it is in writing and approved through a resolution of CounciL 16.07 Advisory Committee Events a) Advisory Committees must seek Council approval to hold an event and each request to Council must include the complete details of the event (e.g. budget, number of staff required, name of event, date, and purpose of event); b) Events must relate to specific activities approved in the Advisory Committee's Terms of Reference and mandate. The event must be listed in the annual work plan for that year; and c) Where an event has been requested and approved by Council, all Committee Members must attend and contribute to assisting at the event. . 16.08 Media Relations and Communications a) Committee members shall not meet with the media unless such meeting is approved by the City's CAO. Committee media relations. must be supported by the City's Communications area. b) The actions and recommendations of Advisory Committees are subject to the policies and administrative practices of the City, including provisions pertaining to the use of the corporate logo(s), letterhead, website, information pamphlets, media advertisements and the like. Advisory Committees shall seek approval from Council for any change in Advisory Committee name or development of any substantive communication medium (e.g. website). 16.09 Subcommittees/Working Groups may be established by a Committee, as required, to carry out a specific projects included in the annual work plan submission. Such subcommittees/working groups shall be disbanded upon completion of their specific project(s), A subcommittee must have at least two members of the Advisory Committee on it, but membership may be drawn from relevant stakeholders or the general public with the appropriate interest and expertise. Policy Title: Boards and Advisory Committees of Council Page 13 of 15 P�I� y Number: ADM 040 Appendix 1— Terms of Reference — Sample Format Policy Title: Boards and Advisory Committees of Council Policy Number: ADM 040 Page 14 of 15 : Appendix 1 Terms of Reference Terms of Reference shall be approved by Council and amendments can oniy be made with Council approval. Terms of Refer�nce for an Advisory Committee need only address information not already provided for in this Policy. 1.0 Mandate — A description of the general purpose and activities of the Advisory Committee, including areas of responsibility, taking into account any statutory requirements. Advisory Committee mandates shall not be altered by the Advisory Committee. 2.0 Goals, Objectives and Responsibilities — A listing of the goals, objectives and responsibilities of the Advisory Committee, to be addressed in annual work plans with reference to specific strategies and actions. 3.0 Composition — Specify the maximum number of inembers of the Advisory Committee and describe the nature of inembership (citizens and/or organization, numbers in each category), membership terms. 4.0 Member Qualifications — Outline recommended qualifications of potential members given the mandate of the Advisory Committee. 5.0 Meeting Schedule — Indicate how often the Advisory Committee shall meet, e.g. monthly, every other month, criteria for calling a special meeting, summer recess. 6.0 Budget — requests must relate to the Advisory Committee's mandate, be included in the annual work plan submission and be supported by project descriptions. Policy Title: Boards and Advisory Committees of Council Page 15 of 15 P� 9y Number: ADM 040 Attachment No. 2 List of Boards and Advisory Committees to be Reconfirmed for 2014-2018 Term of Office Committees of Council Animal Services Appeals Committee Civic Awards Committee Livestock Valuer Pickering Museum Village Advisory Committee Property Review Committee Rouge Park Alliance Site Plan Advisory Committee Taxicab Advisory Committee Legislated Committees Accessibility Advisory Committee Committee of Adjustment Heritage Pickering Committee Pickering Public Library Board :� ., �. ,,,,.._,��_ � >,=,=.��i_ —' :.-.. � �� ,.,, �:,:y� �. From Subject: Paui Bigioni Director, Corporate Services & City Solicitor Report to COU�1C1� Report Number: FIN 26-14 Date: December 15, 2014 Ontario Community Infrastructure Fund - Formula-Based Component Recommendation: That Report FIN 26-14 of the Director, Corporate Services & City Solicitor regarding the Ontario Community Infrastructure Fund-Formula-Based Component grant be received; 2. That the Mayor and City Clerk be authorized to execute the Ontario Community Infrastructure Fund-Formula-Based Component funding contribution Agreement � on terms satisfactory to the Director, Corporate Services & City Solicitor; 3 � 5 That Council approve the establishment of the Ontario Community Infrastructure Fund-Formula Based Component (OCIF) Reserve Fund; That the draft by-laws attached hereto be enacted; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. Executive Summary: The Ontario Community Infrastructure Fund (OCIF) is a $100 million per year fund established by the Province to assist small, northern and rural municipalities to revitalize their core infrastructure. Municipalities with a population of less than 100,000 as determined by the 2011 census are eligible for OCIF grants. The OCIF will assist municipalities by providing stable funding to help small communities address their.core infrastructure needs in relation to roads, bridges and waste water. In order to qualify for the funding, Council is required to approve the attached by-laws. Financial Implications: The City will receive an annual amount of $198,740.00 per year for the next three years starting from 2015 up to and including 2017. A new reserve fund is required to capture the interest earned. Funds received from Ontario Ministry of Agriculture, Foods and Rural Affairs (OMAFRA) will be deposited directly to this new reserve fund. Any unspent funds will earn interest, which in turn will be directed to fund future infrastructure needs. ° 81 Report to Council December 15, 2014 Subject: Ontario Community Infrastructure Fund - Formula-Based Component Page 2 Discussion: The Government of Ontario created the OCIF to provide stable funding to help small communities address core infrastructure needs in relation to roads, bridges, and waste water. �The use of these funds is strictly limited to capital maintenance renewal and or rehabilitation. In other words, these dollars are not to be used for growth-related expansion projects. A very interesting aspect of this program is that funds received during the current year must be spent by December 31St of the same calendar year. In order to receive funding, the municipality is required to meet the following reporting obligations • Financial Information Return (FIR) must be submitted to Ministry of Municipal Affairs & Housing by December 31St. • Asset Management Plan must be submitted to OMAFRA. The City filed its 2013 FIR in June and the City's Asset Management Plan was approved by Council in December, 2013. The direct Management Plan was submitted to the Province last year and no negative comments were received. Staff have identified eligible projects to be funded from this grant for the 2015 and up to and including 2017 Budget. Attachments: By-law a�thorizing the execution of the Ontario Community lnfrastructure Fund - Formula-Based Funding Contribution Agreement 2. By-law providing for the establishment of a Reserve Fund to be known as the Ontario Community Infrastructure Fund (OCIF) - Formula-Based Component Reserve Fund Prepared By: � .� - Caryn Kong Senior Financial Analyst-Capital & Debt Management Approved/Endorsed By: � ¢�-_..,__._� Stan Karwowski Division Head, Finance & Treasurer : Report to Council December 15, 2014 Subject: Ontario Community Infrastructure Fund - Formula-Based Component Page 3 Recommended for the consideration of Pickering C' Council , �� Tony Prevedel, P.Eng. Chief Administrative Officer �3 P� Di Services & City Solicitor f,� ��:�h�� # �� .En��#� �6'�� The Corporation of the City of Pickering By-law No. Being a By-law to authorize the execution of the Ontario Community Infrastructure Fund - Formula-Based Funding Contribution Agreement Whereas in order to facilitate the transfer of funds from the Government of Ontario to the City of Pickering it is necessary to execute the Ontario Community Infrastructure Fund-Formula-Based Funding Contribution Agreement. Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: 1. The Mayor and City Clerk are hereby authorized to execute the Ontario Community Infrastructure Fund-Formula-Based Funding Contribution Agreement with the Government of Ontario, as represented by the Ontario Ministry of Agriculture, Food and Rural Affairs in the form attached as Schedule "A" to this By-law. 2. This By-law shall come into force on the date of its enactment. By-law passed this 15th day of December, 2014. David Ryan, Mayor Debbie Shields, City Clerk :� OCIF — Formula Based Component Schedule "A" File Number: OCIF FC-0221 ONTARIO COMMUNITY INFRASTRUCTURE FUND — FORMULA-BASED COMPONENT BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Agriculture, Food and Rural Affairs ("Ontario") — and — The Corporation of the City of Pickering (the "Recipient") WHEREAS the Government of Ontario has created the Ontario Community Infrastructure Fund to: (1) provide stable funding to help small communities address critical core infrastructure needs in relation to roads, bridges, water and wastewater; (2) further strengthen municipal asset management practices within small communities; and (3) help small communities use a broad range of financial tools to address critical infrastructure challenges and provide long-term support for rehabilitation and repair of core infrastructure for those in most need; AND WHEREAS the Ontario Community Infrastructure Fund is composed of finro (2) components: (1) the Application-Based Component; and (2),the Formula-Based Component; AND WHEREAS the Formula-Based Component of the Ontario Community Infrastructure Fund is based on: (1) a inunicipality's.local fiscal circumstances and its total core infrastructure assets with a minimum grant of finrenty-five thousand dollars ($25,000.00), where the recipient is an eligible municipality; or (2) a grant of twenty-five thousand dollars ($25,000.00), where the recipient is an eligible Local Services Board; AND WHEREAS the Recipient is eligible to receive funding under the Formula-Based Component of the Ontario Community Infrastructure Fund; NOW THEREFORE, in accordance with the principles set out above, the mutual covenants and agreements herein and for other good and valuable consideration, the receipt of sufficiency of which is expressly acknowledges, the Parties hereby agree as follows: SECTION 1 INTERPRETATION 1.1 Definitions. For the purposes of this Agreement, the following terms shall have the following meanings described below. "Aboriginal Group" includes the Indian, Inuit and Metis peoples of Ganada or any other group holding Aboriginal or treaty rights under section 35 of the Constitution Act, 1982. � OCIF — Formula Based Component File Number: OCIF FC-0221 "Adjust the Funds" means Ontario's right to adjust, without limitation, any Funds provided to the Recipient under this Agreement. "Agreement" means this agreement between Ontario and the Recipient, including all Schedules attached hereto. "Annual Financial Report" means the document set out under Part B.2 of Schedule "B" of this Agreement. "Arm's Length" has the meaning given to it under the Income Tax Act (Canada) as in effect on the Effective Date of this Agreement. "Auditor General" means the Auditor General of Ontario. "BPSAA" means the BroaderPublic SectorAccountabilityAct, 2010 (Ontario). "Business Day" means any day on which the Government of Ontario offices are generally open for business in the Province of Ontario. "Communications Protocol" means the protocol set out under Schedule "G" of this Agreement. "Conflict of Interest" includes any and all circumstances where the Recipient or any person who has the capacity to influence the RecipienYs decisions has outside commitments, relationships or financial interests that could, or could be seen to, interfere with the Recipient's objective, unbiased and impartial judgment relating to this Agreement. "Consultant" means any person the Recipient retains to do work related to this Agreement. "Contract" means a contract between the Recipient and a third party at Arm's Length whereby the latter agrees to provide a good or service in return for financial consideration that may be claimed as an Eligible Cost under this Agreement. "Effective Date" means the date set out at Part C.1 of Schedule "C" of this Agreement. "Eligible Costs" means the costs described in Part E.1 of Schedule "E" of this Agreement. "Event of Default" has the meaning given to it in section 15 of this Agreement. "Expiration Date" means the date set out in Part C.2 of Schedule "C" of this Agreement. "FIPPA" means the Freedom of Information and Protection of Privacy Act (Ontario). "First Nation" means a band, as defined under section 2(1) of the Indian Act (Canada). "Fiscal Year" means the period beginning April 1� in any year and ending on March 31 � of the following year. "Funds" means the total amount of funding Ontario is providing in Canadian currency to the Recipient under this Agreement, subject to the terms and conditions of this Agreement. Fa :. OCIF — Formula Based Component File Number: OCIF FC-0221 "Indemnified Party" means Her Majesty the Queen in Right of Ontario, Her Ministers, directors, officers, agents, appointees and employees. "Ineligible Costs" means the costs described under Part E.2 of Schedule "E" of this Agreement. "Local Services Board" means a Local Services Board established under the Northern Services Boards Act (Ontario). "Minister" means the Minister of Agriculture, Food and Rural Affairs. "Ontario" means Her Majesty the Queen in Right of Ontario, as represented by the Minister of Agriculture, Food and Rural Affairs or any other Minister who may have authority to administer this Agreement, unless the context indicates otherwise. "Parties" means Ontario and the Recipient. "Party" means either Ontario or the Recipient, as the case may be. "Project" means the project described in Part B.1 of Schedule "B" of this Agreement. "Project Report" means the document set out under Part B.1 of Schedule "B" of this Agreement. "PSSDA" means the Pub/ic Sector Sa/ary Disclosure Act, 1996 (Ontario). "Requirements of Law" means all applicable statutes, codes, acts, ordinances, orders, approvals, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licenses, authorizations, directions and agreements with all authorities that now or at any time hereafter may relate to the Recipient, the Project and this Agreement. Without limiting the generality of the foregoing, if the Recipient is subject to the BPSAA, the PSSDA or any other type of broader public sector accountability statutes, the BPSAA, the PSSDA and other type of broader public sector accountability statutes are deemed to be Requirements of Law. "Term" means the period of time beginning on the Effective Date of this Agreement and ending on the Expiration Date or the termination of this Agreement, whichever is shorter. 1.2 Reference To Statute Or Regulation. Any reference to a statute is to such statute and to the regulations made pursuant to such statute as such statute and regulations may at any time be amended or modified and in effect and to any statute or regulations that may be passed that have the effect of supplanting or superseding such statute or regulations. 1.3 Singular/Plural And Gender Terms. Each definition in this Agreement using a singular capitalized term or other word or phrase shall also apply to the plural form and such term, word or phrase and vice versa. All references to the masculine gender shall include reference to the feminine or neuter gender and vice versa in each case as the context may permit or require. 1.4 Pronouns. Each use in this Agreement of a neuter pronoun shall be deemed to include , the masculine and feminine variations thereof and vice versa and a singular pronoun 3 : OCIF — Formula Based Component File Number: OCIF FC-0221 shall be deemed to include a reference to the piural pronoun and vice versa in each case as the context may permit or require. 1.5 Sections And Other Headings. The section and other headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. 1.6 Recita/s. The recitals to this Agreement do not form a part of the Agreement. 1.7 Accounting Terms, Calculations And Submission Of Financial Data. All accounting terms not defined in this Agreement shall have the meanings usually ascribed to them. All calculations will be made and all financial data to be submitted will be prepared in accordance with the applicable accepted accounting principles in effect in Ontario. SECTION 2 THE AGREEMENT 2.1 The Agreement. The Agreement includes this document and the following Schedules attached to this document, as such Schedules may be amended from time to time in accordance with this Agreement. Schedule "A" Eligibfe Project Categories "B" Project Report and Annual Financial Report "C" Operational Requirements Under The Agreement "D" Financial Information For The Project "E" Eligible And Ineligible Costs "F" Aboriginal Consultation Requirements "G" Communications Protocol 2.2 Conflict. In the event of a conflict between any of the documents that form part of this Agreement, the conflict shall be resolved in the following descending order: (a) This document; and (b) The Schedules attached to this document. 2.3 Expiration Date Of Agreement. This Agreement shall expire on the Expiration Date, unless amended or terminated prior to this date in accordance with this Agreement. SECTION 3 � GENERAL ROLES AND RESPONSIBILITIES OF THE PARTIES UNDER THE AGREEMENT 3.1 Provision Of Funds. Ontario agrees, subject to the terms and conditions of this Agreement to provide Funds up to the amount set out under Part D.1 of Schedule "D" of this Agreement to the Recipient in accordance with Part D.2 of Schedule "D" of this Agreement. The Recipient is solely responsible for securing any additional funding, if needed, to complete any Project to which the Funds being provided under this Agreement have been directed. .. OCIF — Formula Based Component File Number: OCIF FC-0221 3,2 Ontario's Ro/e Under Agreement Strictly Limited To Providing Funds. The Recipient acknowledges and agrees that Ontario's role is strictly limited to providing Funds and that Ontario will have no other involvement in any Project to which Funds are directed or their subsequent maintenance and operation. Ontario is not a manager, decision-maker nor an advisor to the Recipient in relation to any Project to which Funds are directed. Notwithstanding the generality of the foregoing and without limitation, the fact that Ontario may conduct performance reviews and/or .audits as provided for hereinafter or issues directions under the terms and conditions of this Agreement shall not be construed by the Recipient as Ontario having a management, decision-making or advisory role. The Recipient further agrees that the Recipient will not seek to include Ontario as a decision-maker, advisor or manager of any Project to which Funds are directed through recourse to a third party, court, tribunal or arbitrator. 3.4 Funds Limited To Specific Projects. The Recipient shall only use the Funds being provided under this Agreement towards Projects that fall within the category of projects set out under Schedule "A" of this Agreement and those Projects have been set out under Part I of the Project Report, as set out under Part B.1 of Schedule "B" of this Agreement. 3.5 Recipient To Spend Funds By December 31 Of The Calendar Year. The Recipient shall spend any Funds provided to it under this Agreement by December 31 of the calendar year in which the Funds was provided under this Agreement. Where the . Recipient does not spend the Funds it was provided under this Agreement by December 31 of the calendar year in which the Funds were provided, Ontario may Adjust the Funds that Ontario is providing to the Recipient in the following year by the amount of the Funds that the Recipient did not spend by December 31 the previous calendar year, plus any interest that the Recipient earned on those Funds. 3.6 Responsibility For Project. The Recipient acknowledges and agrees that the Recipient, as opposed to Ontario, is solely responsible for the undertaking, implementation, completion, operation and/or maintenance of any Project to which Funds are directed. The Recipient further agrees that the Recipient will not seek to hold Ontario responsible for the undertaking, implementation, completion, operation and/or maintenance of any Project to which Funds are directed through recourse to a third party, court, tribunal or arbitrator. 3.7 Asset Retention. The Recipient shall comply with Part C.7 of Schedule "C" of this Agreement as it relates to the retention of any assets purchased, rehabilitated or built with Funds being provided under this Agreement. 3.8 Behavior Of Recipient. The Recipient shall carry out any Project to which Funds are directed in an economical and business-like manner, in accordance with the terms and conditions of this Agreement, subject to any reasonable amendments Ontario may agree to or require from time to time in writing. 3.9 Ontario Not Responsible For Recipient Obtaining Permits Or Approvals. For greater certainty, the Parties acknowledge and agree that the entering into this Agreement does not in any way obligate any regulatory authority established under an Act of the Ontario Legislature to issue any type of approval, license, permit or similar .. OCIF — Formula Based Component File Number: OCIF FG0221 authorization that the Recipient may need or want in relation to any Project tb which Funding is directed or to meet any terms or conditions under this Agreement 3.10 Ontario May Impose Additional Conditions On The Recipient Ontario may impose, at any time, such additional terms or conditions on the Recipient in terms of the Recipient's operations that relate to the use of any Funds which Ontario, acting reasonably, considers appropriate for the proper expenditure and management of the Funds. For greater certainty, any additional terms or conditions Ontario may impose shall be supplements to the existing terms and conditions of this Agreement as opposed to amendments to the terms and conditions of this Agreement. SECTION 4 FUNDS 4.1 Use Of Funds. Any Funds being provided under this Agreement shall only be used for the payment of Eligible Costs. 4.2 Deposit Of Funds In Interest-Bearing Account At Canadian Financial Institution. The Recipient shall deposit and retain any Funds being provided under this Agreement in an interest-bearing account in the name of the Recipient at a Canadian financial institution in Canada. 4.3 /nterest Earned By Recipient. The Recipient shall report to Ontario the amount of any interest earned on any Funds provided to the Recipient under this Agreement in accordance with Part B.2 of Schedule "B" of this Agreement. Ontario reserves the right to request the return of any interest that the Recipient earns on the Funds. 4.4 Cost Must Be An Eligible Cost. For a cost to be considered an Eligible Cost and therefore eligible to be paid from the Funds being provided under this Agreement, the cost must be specifically set out under Part E.1 of Schedule "E" of this Agreement. 4.5 Ineligible Costs Shall Not Be Covered Under Agreement. Any costs set out in Part E.2 of Schedule "E" of this Agreement are Ineligible Costs and shall not be eligible to be paid from the Funds being provided under this Agreement. 4.6 Ontario May Declare Costs To Be Eligible. Despite section 4.4 of this Agreement, but subject to section 4.5 of this Agreement, costs not specifically set out in Part E.1 of Schedule "E" of this Agreement may be deemed in writing to be an Eligible Cost by Ontario, in its sole and absolute discretion on a case-by-case basis. 4.7 New Information. In the event of new information, errors, omissions or other circumstances affecting the determination of the amount of any Funds being provided under this Agreement, Ontario may, in its sole and absolute discretion, Adjust the Funds being provided under this Agreement. 4.8 Repayment Of Funds. The Recipient shall repay Funds to Ontario where: (a) The Recipient has used the Funds for a purpose not agreed to by Ontario; (b) The Recipient still has Funds under its charge, management or control: .� OCIF — Formula Based Component File Number: OCIF FC-0221 (i) On January 1 of the following calendar year in which the Funds were provided, or (ii) Upon the expiry or termination of this Agreement; and (c) The Recipient receives an overpayment by Ontario and is notified by Ontario of said overpayment, within fifteen (15) Business Days of receiving a written demand from Ontario. 4.9 Insufficient Funds Provided By Legislature. If, in the opinion of the Minister, the Ontario Legislature does not provide sufficient funds to continue the Funds for any Fiscal , Year which this Agreement is in effect, Ontario may immediately, without any liability, cost or penalty and without any prejudice to any other rights or remedies Ontario has under this Agreement or at law or equity, terminate this Agreement. 4.10 Ontario May Adjust The Funds. Despite any other provision in this Agreement, Ontario may Adjust the Funds being provided under this Agreement. SECTION 5 PAYMENT UNDER AGREEMENT 5.1 Eligibility Of Costs Or Expenses. In order for a cost or expense to be eligible to be paid from the Funds being provided under this Agreement, the cost or expense: (a) Must be reasonable; (b) Must be directly related to the Project in which the Funds are directed; (c) Must be an Eligible Cost; (d) Must not be an Ineligible Cost; and (e) Must, subject to sections 4.4 and 4.5 of this Agreement, have been incurred on or after the Effective Date of this Agreement for the first year and January 1 of each calendar year this Agreement is in effect and spent by December 31 of the same calendar year. 5.2 Payment Of Funds. Subject to all terms and conditions of this Agreement, Ontario shall pay any Funds to the Recipient in accordance with Part D.2 of Schedule "D" of this Agreement. 5.3 Conditions Precedent For Payment Of Funds. Despite section 5.2 and Part D.2 of Schedule "D" of this Agreement, Ontario may withhold the payment of any Funds to the Recipient until the Recipient has met the following further conditions precedent: (a) The Recipient has submitted to the Ministry of Municipal Affairs and Housing any outstanding Financial Information Returns by December 31 of each calendar year, (b) The Recipient has submitted to the Ministry a copy of their asset management plan and any subsequent updates by December 31 of each calendar year (c) The Recipient has: (i) Where the Recipient has previously committed to making its asset management plan publically available under any other agreement it has entered into with Her Majesty the Queen in Right of Ontario, the Recipient has made its asset management plan public by: 91 OCIF — Formula Based, Component File Number: OCIF FC-0221 a. Posting its asset management pian on its website, if it has one, or b. Made its asset management plan publicly available and has provided Ontario with information as to how it has made its asset management plan publicly available; or (ii) Where the Recipient has not previously committed to completing an asset management plan by December 31, 2014 under any other agreement it has entered into with Her M�jesty the Queen in Right of Ontario, the Recipient has submitted a declaration certifying that the Recipient is committed to developing an asset management plan that includes all of the information and analysis described in Building Together: Guide for Municipal Asset Management Plans, by December 31, 2015; (d) The Recipient has provided evidence that the insurance required by section 8.1 of this Agreement has been obtained within ten (10) Business Days of Ontario's request; (e) The Recipient has provided Ontario with any requested information within ten (10) Business Days of Ontario's request; and (f� The Recipient has not or is not meeting any duty to consult with Aboriginal Groups requirements set out under this Agreement. 5.4 Withholding Payment Of Funds. Ontario may, in its sole and absolute discretion, withhold the payment of any Funds to the Recipient where: (a) Ontario is of the opinion that a Project in which the Funds are directed is not progressing in accordance with how other projects of a similar size and scope would progress under similar circumstances; and (b) Ontario is of the opinion. that the Recipient is, without limitation, not in compliance with any other agreements that the Recipient has entered into with Her Majesty the Queen in Right of Ontario where Ontario may be providing financial assistance to the Recipient, directly or indirectly, under that agreement. Where Ontario withholds the payment of any Funds to the Recipient, the following shall apply: (i) Ontario has complete and absolute discretion to determine whether the Recipient is in compliance with the terms or conditions of any other funding agreements, such as the Municipal Infrastructure Investment Initiative and the Small, Rural and Northern Municipal Infrastructure Fund, whereby the Recipient is receiving, directly or indirectly, funding from Ontario; (ii) Ontario shall continue to withhold any payments of any Funds to the Recipient under this Agreement until the Recipient has come .into compliance with the terms and conditions of any other agreement whereby the Recipient receives, directly or indirectly, funding from Ontario; and (iii) Ontario agrees that it will act reasonably when applying this section 5.4 of the Agreement and shall promptly notify the Recipient of any determinations made by Ontario with respect to the application of this section 5.4 of the Agreement. 92 OCIF — Formula Based Component File Number: OCIF FC-0221 SECTION 6 RECIPIENT'S REPRESENTATIONS, WARRANTIES, COVENANTS, ACKNOWLEDGEMENTS AND AGREEMENTS 6.9 Recipienf's Represenfafions, Warranfies And Covenanfs, The Recipient represents, warrants and covenants that: - (a) It validly exists as a legal entity, and will continue to exist for the Term of the Agreement, with full power to perform and observe all of the terms and conditions of this Agreement and that it will continue to validly exist until the Expiration Date of this Agreement; (b) It has the authority and any necessary approvals to enter into this Agreement and to carry out its terms and conditions and that it is not bound by any other agreement that would in any way interfere with Ontario's rights under this Agreement; (c) Where applicable, it has passed the requisite by-laws to undertake any Project in which Funds are directed; (d) It is conducting its business in accordance with all Requirements of Law and it shall continue to conduct its business in accordance with all Requirements of Law until the Expiration Date of this Agreement; (e) It has all permits, approvals, licenses, certificates or other similar documents that are required to carry out any Project to which Funds are directed or that it will apply for all permits, approvals, licenses, certificates or other similar documents before carrying out the Project; and (fl All information provided to Ontario in relation to any Funds being provided under this Agreement remains true, correct and complete a� of the date this Agreement is signed in every material respect, except as set out to the contrary herein. 6.2 Governance. The Recipient represents, warrants and covenants that it has and shall maintain until the Expiration Date of this Agreement all legally necessary instruments to: (a) Establish a code of conduct and ethical responsibilities for the Recipient; (b) Establish procedures to ensure the ongoing effective functioning and continuance of the Recipient until the Expiration Date of this Agreement; (c) Establish decision-making mechanism; (d) Provide for the prudent and effective management of any Funds being provided under this Agreement; (e) Establish procedures to enable the timely identification of risks that would interfere with the Recipient meetings its obligations under this Agreement and strategies to address the identified risks; (fl Establish procedures to enable the preparation and delivery of all reports under this Agreement; and (g) Be responsible for other matters as the Recipient considers necessary to ensure that the Recipient carries out its obligations under this Agreement. 6.3 Additional Covenanfs. The Recipient undertakes to advise Ontario within five (5) Business Days of the occurrence during the Term of this Agreement of any actions, suits or other proceedings which could or would prevent compliance with the terms and conditions of this Agreement. 93 OCIF — Formula Based Component File Number: OCIF FC-0221 6.4 Recipient Shall Provide Proof Of Compliance Upon Ontario's Request. The Recipient shall, upon receiving a written notice from Ontario, provide to Ontario with proof of the matters referred to in sections 6.1 to 6.3 of this Agreement within the time period set out in the notice. Despite section 5.2 and Part D.2 of Schedule "D" of this Agreement, and without limiting the generality of section 5.3 of this Agreement, Ontario may withhold the payment of any Funds under this Agreement until the Recipient provides Ontario with proof of its compliance with the matters referred to in sections 6.1 to 6.3 of this Agreement. Ontario may also, despite anything else in this Agreement and without limiting any remedies Ontario may have under this Agreement, at law or equity, Adjust the Funds if the Recipient is not in compliance with the matters referred to in sections 6.1 to 6.3 of this Agreement at any time during the Term of this Agreement. SECTION 7 CONFLICT OF INTEREST AND CONFIDENTIALITY 7.1 No Conflicts Of lnterest. The Recipient shall ensure that any Person associated with the Project in whatever capacity carries out the administration of any Funds in all its aspects without an actual, potential or perceived Conflict of Interest. 7.2 Disclosure Of Conflict Of Interest Situations. The Recipient shall: (a) Disclose to Ontario, without delay, any situation that a reasonable person would interpret as an actual, potential or perceived Conflict of Interest; and (b) Comply with any terms and conditions that Ontario may impose as a result of the disclosure. 7.3 Ontario Bound By FIPPA. The Recipient acknowledges that the provisions of the FIPPA and its regulations bind Ontario. SECTION 8 INSURANCE 8.1 Recipient Shall Have Insurance. The Recipient shall put in effect and maintain until the Expiration Date of this Agreement at its own expense all necessary insurance that would be considered appropriate by a reasonable for the tyPes of Projects in which Funds are being directed, including Commercial General Liability Insurance, for third party bodily injury, personal injury and property damage to an inclusive limit of not less than the amount indicated in Part C.3 of Schedule "C" of this Agreement per occurrence with insurers with an A.M. Best rating of B+ or equivalent. The RecipienYs Commercial General Liability Insurance policy shall include: (a) The Indemnified Party as an additional insured with respect to liability arising in the course of performance of the Recipient's obligations under, or otherwise in connecfion with, the Agreement; (b) A cross-liability clause; (c) Contractual Liability coverage; (d) Products and Completed Operations Liability coverage; (e) Employers Liability; (fl Tenants Legal Liability (for premises/building leases only); 10 94 OCIF — Formula Based Component File Number: OCIF FC-0221 (g) Non-Owned automobile coverage with blanket contractual and physical damage coverage for hired automobiles; and (h) A thirty (30) day written notice of cancellation, termination or material change clause. 8.2 Ontario To Have Priority Right On Any Proceeds Of Insurance Policy. The Recipient acknowledges and agrees that Ontario shall have a priority over any other Person, including the Recipient, to use or enjoy the benefits of the proceeds from the insurance required under section 8.1 of this Agreement to pay any claim, suits, judgments, demands, expenses, actions, causes of action and losses, including, without limitation, reasonable legal expenses and any claim for a lien made pursuant to the Construction Lien Act (Ontario) and for any and all liability for damages to property and injury to persons, including death, that may be brought against Ontario as a result of this Agreement. SECTION 9 LIMITATION OF LIABILITY AND INDEMNIFICATION 9.1 Exclusion Of Liability. In no event shall Ontario be liable for any general, compensatory, incidental, special or consequential damages, or any loss of use, revenue or profit by the Recipient or the RecipienYs officers, servants, employees and agents arising out of or in any way related to this Agreement. � 9.2 Recipient To Indemnify Ontario. The Recipient shall indemnify and hold harmless the Indemnified Party from and against all suits, judgments, claims, demands, expenses actions, causes of action and losses, including, without limitation, reasonable legal expenses and any claim for lien made pursuant to the Construction Lien Act (Ontario), and for any and all liability for damages to property and injury to persons, including death, which the Indemnified Party may incur, otherwise than by reason of their own gross negligence or wilful misconduct, as a result of or arising out of or in relation to any breach by the Recipient of the terms of this Agreement, or the RecipienYs own negligence or wilful misconduct, as a result of or arising out of or in relation to: (a) The performance of this Agreement or the breach of the terms of this Agreement by the Recipient, its officers, servants, employees and agents, or by a third party and any of its officers, employees servants or agents; (b) The ongoing operation, maintenance and repair of the Project; or (c) Any omission or other wilful or negligent act of the Recipient, a third party or their respective employees, officers, servants or agents. 9.3 Further Indemnification Of Ontario. The Recipient further agrees to indemnify and hold harmless the Indemnified Party form any general, compensatory, incidental, indirect, special or consequential damage or any loss of use, revenue or profit which the Indemnified Party may incur or related in any way to this Agreement or the Project in tort, contract or otherwise other than by reason of their own gross negligence or wilful misconduct, as a result of or arising out or in relation to: (a) The performance of this Agreement or any breach of the terms and conditions of this Agreement by the Recipient, its officers, servants, agents, employees and Consultants or by a third party and any of its officers, servants, agents or 11 95 OCIF — Formula Based Component File Number: OCIF FC-0221 employees where the third party entered into a Contract with the Recipient in relation to the Project; (b) The ongoing operation, maintenance and repair of the Project; or (c) Any omission or negligent act or misconduct of the Recipient its officers, servants, agents, employees and Consultants or by a third party and any of its ofFcers, servants, agents or employees where the third party entered into a Contract with the Recipient in relation to the Project. 9.4 Recipient To Require Third Parties To Indemnify Ontario. The Recipient shall use all reasonable efforts to ensure that all third parties that the Recipient enters into a Contract with indemnify and hold harmless the Indemnified Party from and against all suits, judgments, claims, demands, expenses actions, causes of action and losses, including, without limitation, reasonable legal expenses and any claim for lien made pursuant to the Construction Lien Act (Ontario), and for any and all liability for damages to property and injury to persons, including death, which the Indemnified Party may incur, otherwise than by reason of their own negligence or wilful misconduct, as a result of or arising out of or in relation to any breach by the Recipient of the terms of this Agreement, or the RecipienYs own negligence or wilful misconduct, as a result of or arising out of or in relation to: (a) The performance of this Agreement or the breach of the terms of this Agreement by the Recipient, its officers, servants, employees and agents, or by a third party and any of its officers, employees servants or agents; (b) The ongoing operation, maintenance and repair of the Project; or (c) Any omission or other wilful or negligent act of the Recipient, a third party or their respective employees, officers, servants or agents. The Recipient agrees to take and implement any reasonable direction from Ontario in relation to the enforcement or assertion of this section 9.4 of the Agreement as against any third party. 9.5 Recipient To Limit Heads Of Damage As Against Ontario In Contracts With Third Parties. The Recipient shall use commercially reasonable efforts to include in the RecipienYs Contracts with any third party a provision that provides notwithstanding anything else, and in no event whatsoever, shall Ontario be liable to the third party for any incidental, indirect, special or consequential damage or any loss of use, revenue or profit which the Indemnified Party may incur as a result of anything under or related in any way to this Agreement or the Project in tort, contract or otherwise. The Recipient agrees to take and implement any reasonable direction from Ontario in relation to the enforcement of this section 9.5 of the Agreement as against any third party. SECTION 10 PROCUREMENT 10.1 Ontario Not Responsible For Claims Under Tender/Bidding Process. Without limiting the generality of section 9.1 of this Agreement, Ontario shall not be responsible for any claim arising from the tender and bidding process in relation to any Project in which Funds are directed. 12 .� OCIF — Formula Based Component File Number: OCIF FC-0221 10.2 Competitive Procurement Process. The Recipient shall acquire and manage its equipment, services and supplies, including any construction component, required for any Project in which Funds are directed through a transparent, competitive process that ensures the best value for any Funds expended. Without limiting the generality of the foregoing, where the Recipient is a municipal entity to which the Municipa/ Act, 2001 (Ontario) is applicable, the Recipient shall follow its procurement policies as required under the Municipa/ Act, 2001 (Ontario). Where the Recipient is a Local Services Board or any other entity not covered by the Municipa/ Act, 2001 (Ontario), the Recipient shall ensure that for equipment, services and supplies, the estimated costs of which exceed twenty-five thousand dollars ($25,000.00), the Recipient obtains at least three (3) written quotes unless Ontario gives prior written approval. The requirement for a competitive process under this section 10.2 of the Agreement may be waived with prior written approval by Ontario, if: (a) The equipment, services or supplies the Recipient is purchasing is specialized and is not readily available; or (b) The Recipient has researched the market for a similar purchase within the last two (2) years and knows prevailing market costs for the equipment, services or supplies purchased. 10.3 BPSAA. For the purposes of clarity, if the Recipient is subject to the BPSAA and there is a conflict between any of the requirements of this Agreement and the requirements of the BPSAA, the BPSAA shall apply. 10.4 Contracts. The Recipient shall ensure that all Contracts: (a) Are consistent wifh this Agreement; (b) Do not conflict with this Agreement; (c) Incorporate the relevant provisions of this Agreement to the fullest extent possible; (d)� Are managed in a way that is transparent, competitive and consistent with value for money principles (e) Require that any third parties thereto comply with all Requirements of Law; and (fl Authorize Ontario to collect, use and disclose in accordance with the Requirements of Law information and data gathered by the third party in connection with Project, perform audits of the third party and monitor the Project as Ontario sees fit. 10.5 Costs Of Contracts Not Awarded In Compliance With This Section May Be Deemed Ineligible. If Ontario determines that the Recipient has awarded a Contract in a manner that is not in compliance with this section 10 of the Agreement, Ontario may, upon written notification to the Recipient, deem the costs associated with the Contract as being ineligible for payment from the Funds. 10.6 Goods And Services To Be Procured In Competitive Manner And At Price No Greater Than Fair Market Value. Despite anything else contained in this section 10 of the Agreement, the Recipient shall ensure that all goods and services purchased with any Funds being provided under this Agreement are purchased or acquired at competitive prices that are no greater than fair market value after deducting trade discounts and/or any other discounts available to the Recipient. 13 97 OCIF — Formula Based Component File Number. OCIF FC-0221 10.7 Recipient To Keep Records Of Contracts. The Recipient shall keep and maintain proper and accurate accounts and records, including, but not limited to, all Contracts, invoices, statements, receipts and vouchers in relation to any Project in which Funds are directed for a period of at least seven (7) years after the Term of this Agreement. 10,8 Trade Agreements. If the Recipient is subject to any provincial or federal trade agreements to which Ontario is a party, the Recipient shall comply with the applicable requirements of such trade agreements. In particular, and without limitation, if the Recipient is subject to Annex 502.4 of the Agreement on Internal Trade, the Recipient shall comply with all applicable requirements of Annex 502.4. In the event of any conflict between the requirements of any other provisions of this section 10 of the Agreement and the requirements of Annex 502.4, the requirements of Annex 502.4 shall apply to the e�ent of the conflict. SECTION 11 ABORIGINAL CONSULTATION 11.1 Provision Of Funds Dependent Upon Ontario Meeting Its Duty To Consult Obligations. The Recipient hereby acknowledges and agrees that the provision of any Funds under this Agreement is strictly conditional upon Ontario satisfying any obligation it may have to consult with and, if required, accommodate any Aboriginal Group with an interest in any Project in which Funds are directed in order for the Project to proceed. 11.2 Recipient Ontario's Delegate For Purposes Of Consultation With Aboriginal Groups. By entering into this Agreement, Ontario delegates the procedural aspects of any consultation obligations Ontario may have with any Aboriginal Group in relation to any Project in which Funds are directed to the Recipient as set out in Schedule "F" of this Agreement. The Recipient, by signing this Agreement, acknowledges that Ontario has delegated the procedural aspects of any consultation obligations Ontario may have with any Aboriginal Group in relation to any Project in which Funds are directed and accepts said delegation and agrees to act diligently as Ontario's delegate so as to preserve the Honour of the Crown in relation to any consultation obligations Ontario may have in relation to any Project in which Funds are directed. 11.3 11.4 RecipienYs Obligations In Relation To Consultations. The Recipient shall: (a) Be responsible for consulting with any Aboriginal Group that has an interest in any Project in which Funds are directed on behalf of Ontario in accordance with Schedule "F" of this Agreement; (b) Take directions from Ontario in relation to consulting with any Aboriginal Group with an interest in any Froject in which Funds are directed as well as any, other directions Ontario may issue in relation to consultations, including suspending or terminating any Project in which Funds are directed; and (c) Provide a detailed description of any actions it took in relation to consultation with any Aboriginal Group with an interest in any Project in which Funds are directed in its Project Report, as set out under Part B,1 of Schedule "B" of this Agreement. Recipient Shall Not Start Construction On Project Until Recipient Provides Evidence To Ontario That IVotice Of The Project Has Been Given To lalentified Aboriginal Groups, The Recipient shall not commence or allow any third party to 14 �� OCIF — Formula Based Component File Number: OCIF FC-0221 commence construction on any aspect of any Project in which Funds are directed for forty-five (45) Busir�ess Days, or such other time as Ontario may direct, after it has provided Ontario with written evidence that the Recipient has sent notice about any Project in, which Funds are directed to the Aboriginal Groups identified in accordance with Schedule "F." of this Agreement. SECTION 12 COMMUNICATIONS 12.1 Recipient To Follow Communications Protocol. " The Recipient shall follow the Communications Protocol set out under Schedule "G" of this Agreement. SECTION 13 REPORTS 13.1 Project Report. The Recipient shall submit a Project Report for every Project it proposes to direct Funds under this Agreement toward, as set out under Part B.1 of Schedule "B" of this Agreement, to Ontario by the date indicated in Part C.4 of Schedule "C" of this Agreement and in accordance with the requirements set out under Part B.1 of Schedule "B" of tf�is Agreement during the Term of this Agreement. The Recipient shall follow such reasonable administrative procedures as Ontario may specify from time to time. 13.2 Annual Financial Report. The Recipient shall submit an Annual Report, as set out under Part B.2 of Schedule "B" of this Agreement, to Ontario on the dates set out in Part C.5 of Schedule "C" of this Agreement and in accordance with the requirements set out under Part B.2 of Schedule "B" of this Agreement during the Term of this Agreement. The Recipient shall follow such reasonable administrative procedures as Ontario may specify from time to time. 13.3 Additional Reports Upon Request. The Recipient shall, upon Ontario's request in writing, collect such information and provide such additional reports as Ontario may specify from time to time during the Term of this Agreement. The Recipient shall provide any additional reports within ten (10) Business Days of the request, unless the request provides otherwise. 13.4 Compliance Attestation. The Recipient shall provide a compliance attestation in accordance with the following when any reports required under sections 13.1 to 13.3 of this Agreement is submitted: (a) Where the Recipient is a municipality, the compliance attestation shall be signed by the Recipient's Administrative OfFcer/Clerk or Treasurer. (b) Where the Recipient is a LSB, the compliance attestation shall be signed by the Recipient's Chair or secretary. 15 .. OCIF — Formula Based Component File Number: OCIF FC-0221 SECTION 14 RECORDS, INSPECTION; AUDITS AND THE PROVISION OF INFORMATION . 14.1 Recipient's Obligations UnderAgreement. The Recipient: (a) Shall keep and maintain all financial records, receipts, invoices and other financially-related documents relating to any Funds or otherwise in relation to any Project in which Funds are directed in a manner consistent with generally accepted accounting principles and clerical practices, and shall maintain such records and keep them available for review by Ontario for a period of seven (7) years from the Expiration Date of this Agreement; and (b) Shall maintain all non-financial documents and records relating to any Funds or otherwise to any Project in which Funds are directed, including any records it receives about the people it serves, in a confidential manner consistent with all Requirements of Law. 14.2 Ontario May Inspect Recipient's Premises And Projects' Premises At Any Time. Ontario reserves the right to inspect the Recipient's premises and any premises of any Project in which Funds are directed at any time as it relates to the provision of any Funds under this Agreement. Without limiting the generality of the foregoing, the Recipient hereby authorizes Ontario, its employees and agents, including the Auditor General, to, upon firventy-four (24) hours' written notice and during normal , business hours, enter the RecipienYs premises to review the status of any Project in which Funds are directed and to copy any financial records, invoices and other financially-related documents, including all Contracts the Recipient has entered into in relation to any Project in which Funds are directed. 14.3 Audits. Ontario may, at its own expense, conduct audits of any Project in which Funds are directed. Ontario may require the assistance of an external auditor to carry out an audit. If so, Ontario shall be responsible for retaining the external auditor. 14.4 Auditor General. The Auditor General may, at the Auditor General's cost, conduct an audit with respect to the use of any Funds under this Agreement. For the purposes of facilitating such an audit, the Recipient shall release to Ontario upon request and in a timely manner, for the purpose of releasing to the Auditor GeneraL• (a) All records held by the Recipient, or by agents or contractors of the Recipient relating to this Agreement and/or the use of the Funds; and (b) Such further information and explanations as the Auditor General, or anyone acting on behalf of the Auditor General, may request relating to any part� of this Agreement or the use of the Funds. 14.5 Information. The Recipient shall supply to Ontario, within ten (10) Business Days of receiving a written request, such information in respect of this Agreement or any Project in which Funds are directed as Ontario requests unless the request provides otherwise. 14.6 Provision Of Information Is A True Condition Rrecedent. If, in the opinion of Ontario, any of the information requirements of this Agreement are not met, Ontario may in its sole and absolute discretion, and despite section 5.2 and Part D.2 of Schedule "D" of this Agreement, require the information as a condition precedent to the payment of any Funds under this Agreement. 16 100 OCIF — Formula Based Component SECTION 15 DEFAULT AND TERMINATION File Number: OCIF FC-0221 15.1 Events Of Defau/t. Ontario may, acting in a reasonable manner, without liability, cost or penalty and without prejudice to any other rights or remedies of Ontario under this Agreement or at law or in equity, terminate this Agreement immediately upon giving written notice to the Recipient where: (a) In the opinion of Ontario: (i) The Recipient has provided false or misleading information to Ontario; (ii) The Recipient breaches a material term or condition of this Agreement, where materiality is to be determined by Ontario, in its sole and absolute discretion, acting reasonably; (iii) The Recipient breaches a material term or condition of any other funding agreement it has with Ontario, where materiality is to be determined by Ontario, in its sole and absolute discretion, acting reasonably; (iv) The Recipient is unable to continue with any Project in which Funds are directed or the Recipient is likely to discontinue any Project in which Funds are directed; (v) A material adverse change occurs such that the viability of a Recipient as a going concern is threatened; (b) The Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or is petitioned into bankruptcy, or files for the appointment of a receiver; or (c) The Recipient ceases to operate. 15.2 Remedies On Default. Despite any other rights Ontario has under this Agreem�nt, if an Event of Default has occurred, Ontario shall have the following remedies: (a) . Ontario shall not have to provide any further Funds under this Agreement; (b) Ontario may, at is option, terminate this Agreement immediately after any notice period expires or may, in its sole and absolute discretion, Adjust the Funds, including a demand to return all Funds provided under this Agreement; (c) Ontario may avail itself of any of its legal remedies that it may deem appropriate. 15.3 Additional Remedies. In addition to the remedies described in section 15.2 of this Agreement, Ontario may commence such legal action or proceedings as it, in its sole and absolute discretion, may deem expedient, without any additional notice under this Agreement. The rights and remedies of Ontario hereunder are cumulative and in addition to, and not in substitution for, all other rights or remedies otherwise available to Ontario at law, equity or under statute. 15,4 Waiver Of Event Of Defau/t Must Be In Writing. Ontario may, in its sole and absolute discretion, at any time, waive any above-mentioned Event of Default which may have occurred provided that no such waiver shall extend to, or be taken in any manner whatsoever to affect, any subsequent Event of Default or the right to remedies resulting therefrorra, and that no such waiver shall be, or shall deemed to constitute, a waiver of such Event of Default unless such waiver is in writing from Ontario. Ontario may also impose conditions on any waiver it provides under this section 15.4 of the Agreement. 17 101 OCIF — Formula Based Component File Number: OCIF FC-0221 15.5 Ontario's Discretion To Terminate Agreement. Despite anything else contained in this Agreement, Ontario may, without liability, cost or penalty and without prejudice to any other rights or remedies Ontario may have under this Agreement or at law or in equity terminate this Agreement at any time upon one hundred and eighty (180) days' notice to the Recipient, provided it acts reasonably in doing so. 15.6 Termination Of Agreement For Circumstances Beyond The Control Of A Party. Neither Party shall be liable for damages caused by delay or failure to perform its obligations under this Agreement where such delay or failure is caused by an event beyond its reasonable control. Should the event last more than ninety (90) Business Days, this Agreement shall terminate and the process set out under section 15.5 of this Agreement shall be followed, with any necessary modifications. 15.7 Date of Termination. In the event of termination pursuant to this section 15 of the Agreement, the effective date of termination shall be the last day of the notice period, the last day of any subsequent notice period or immediately, whichever applies. SECTION 16 GENERAL PROVISIONS 16.1 Terms Binding. The Recipient shall take all reasonable measures to ensure that its office�s, directors, partners, employees, agents, third party contractors shall be bound to observe all of the terms and conditions of this Agreement, including, but not limited to all of the covenants, representations and warranties set out herein. 16.2 Representatives May Bind Parties. The Parties represent and warrant that their respective representatives have the authority to legally bind them to the extent permissible by the Requirements of Law. 16.3 Further Assurances. The Parties agree to do or cause to be done all acts or things necessary to implement and carry into effect this Agreement to its full extent. 16.4 Agreement Binding. This Agreement shall enure to the benefit of and be binding upon the Parties, their successors, executors, administrators, heirs and their permitted assigns. 16.5 Waivers In Writing. If a Party fails to comply with any term of the Agreement, that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the notice provisions set out in section 16.19 of this Agreement. Any waiver must refer to a specific failure to comply and shall not have the effect of waiving any subsequent failures to comply. 16.6 Tolerance Of Indulgence Of Breach Not A Waiver. Any failure by Ontario to insist in one or more instances upon strict perFormance by the Recipient of any of the terms or conditions of this Agreement shall not be consfrued as a waiver by Ontario of its rights to require strict .perFormance of any such terms or conditions, and the obligations of the Recipient with respect to such performance shall continue in full force and effect. 18 102 OCIF — Formula Based Component File Number: OCIF FC-0221 16.7 Time Is Of Tl�e Essence, in the performance and observance of the terms and conditions of this Agreement, time is of the essence and no extension or variation of this Agreement shall operate as a waiver of this provision. 16.8 Severability. If any term or condition of this Agreement, or the application thereof to the Parties or to any persons or circumstances, is to any extent invalid or unenforceable, the remainder of the Agreement, and the application of such term or condition to the Parties, persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. 16.9 No Assignment Of Agreement. The Recipient shall not assign this Agreement to any other person unless the Ontario agrees to the assignment in writing. Ontario may impose any terms or conditions. 16.10 No Amendment. This Agreement shall not be varied or amended except by a document in writing, dated and signed on behalf of the Parties. 16.11 Joint Autl�orsl�ip Of Agreement. The Parties shall be considered joint authors of this Agreement and no provision herein shall be interpreted against one Party by the other Party because of authorship. No Party shall seek to avoid a provision herein because of its authorship through recourse to a third party, court, tribunal or arbitrator. 16,12 Parties Independent. The Recipient acknowledges that it is not an agent, joint venturer, partner or employee of Ontario and the Recipient shall not take any actions that could establish or imply such a relationship. 16.13 Recipient Cannot Represent Ontario. The provision of any Funds to the Recipient pursuant to this Agreement is for the sole purpose of, and is limited to, allowing the Recipient to carry out the Project. The Recipient represents, warrants and agrees that under no circumstances shall it enter into any contract or commitment in the name of or on behalf of Ontario. The Recipient acknowledges and agrees that it is not by the terms and conditions of this Agreement or otherwise granted any right or authority to assume or to create any obligations or responsibility, express or implied, on behalf of or in the name of Ontario, to act as an agent of Ontario or to bind Ontario in any manner whatsoever other than as specifically provided under this Agreement. 16.14 Consultants. Ontario acknowledges and recognizes that, in connection with. the carrying out the Project, the Recipient may engage one or more Consultants. Ontario acknowledges and agrees that the Recipient shall have the sole authority and responsibility for such employees, agents or Consultants, including the hiring and termination. The Recipient acknowledges and agrees that the Recipient shall be responsible for all acts and actions of the RecipienYs _employees, agents and Consultants and that all such acts and actions shall be treated as actions of the Recipient for the purposes of this Agreement. 16.15 Lobbyists And Agent Fees. The Recipient represents and warrants: (a) Any person hired by the Recipient to speak or correspond with any employee or other person representing Ontario concerning any matter relating to any Funds under this Agreement or any benefit hereunder is registered, if required to register, pursuant to the Lobbyists Registration Act, 9998; 19 ��k� OCIF — Formula Based Component File Number: OCIF FC-0221 (b) It has not and will not make a payment or other compensation to any legal entity that is contingent upon. or is calculated upon the provision of any Funds hereunder or negotiating the whole or any part of the terms and/or conditions of this Agreement; and (c) No money from the Government of Ontario was used to lobby or otherwise secure the provision of any Funds hereunder. 16.16 Debt Owing To Her Majesty The Queen In Right Of Ontario, Any payment that the Recipient is required to make under this Agreement shall constitute a debt due and owing to Her Majesty the Queen in Right of Ontario and the Recipient shall pay the amount to Ontario immediately upon written demand unless Ontario directs otherwise. 16.17 Her Majesty The Queen In Right Of Ontario May Charge Interest. Her Majesty the Queen in Right of Ontario may charge the Recipient interest on any monies owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. 16.18 Set-Off By Ontario. In the event that the Recipient is indebted to Her Majesty the Queen in Right of Ontario under this Agreement, Ontario may set-off that debt against any amounts payable to the Recipient by Her Majesty the Queen in Right of Ontario. This right of set-off is in addition to any rights of set-off it has under the Financial Administration Act (Ontario) or the Financial Administration Act (Canada). 16.19 Notice And Service Of Documents Under Agreement. Notices shall be in writing and shall be delivered by postage-prepaid mail, personal delivery, facsimile transmission or Email transmission and shall be addressed to Ontario and the Recipient respectively, as set out in Part C.6 of Schedule "C" of this Agreement. Notice shall be deemed to have been received: (a) In the case of postage-prepaid mail, five (5) Business Days after such notice is mailed; or (b) In the case of personal delivery, facsimile transmission or Email transmission, one (1) Business Day after such notice is delivered to the other Party. In the event of a postal disruption, notices shall be given by personal delivery, facsimile transmission or Email transmission. Unless the Parties expressly agree in writing to additional methods of notices, notices may only be provided by the method(s) contemplated in this section 16.19 of the Agreement. The Parties agree that for the purposes of this section 16.19 of the Agreement, the name(s) of the individuals may be changed without amending the Agreement through the Party making the change providing written notice to the other Party of said change. 16.20 Governing Law. This Agreement and the rights, obligations and relations of the Parties shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings in connection with this Agreement shall be conducted in Ontario. f��7 104 OCIF — Formula Based Component File Number: OCIF FC-0221 16.21 Agreement Executed In Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together, shall constitute one and the same agreement. 16.22 Entire Agreement. This Agreement, including its Schedules, embodies the entire Agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written represenfations or agreements. No prior document, discussion, negotiation, provision undertaking or agreement in relation to the subject matter of this Agreement has any .legal effect. No representation or warranty, whether express, implied or otherwise, has been made by Ontario to the Recipient except as expressly set out in this Agreement. 16.23 Survival. The provisions of this Agreement that by their nature survive the expiration or early termination shall so survive. Without limiting the generality of the foregoing, the provisions that shall survive the termination or expiration of this Agreement for a period of seven (7) years from the Expiration Date or termination of this Agreement, whichever occurs first, include: sections 3 to 6, 9, 11 and 13 to 15; subsections 1.2 to 1.7, 2.2, 16.5, 16.6, 16.8, 16.10 to 16.12, and 16.16 to 16.23; Parts C.6 and C.7 of Schedule "C" of this Agreement and Schedules "E" and "F"; along with all applicable defined terms within section 1, all cross-referenced provisions within the foregoing sections, subsections and Schedules. IN WITNESS WHEREOF the Parties have executed this Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Minister of Agriculture, Food and Rural Affairs Name: George Borovilos Date Title: Assistant Deputy Minister (A) I have the authority to bind the Crown pursuant to delegated authority. THE CORPORATION OF THE CITY OF PICKERING Name: Title: � � _�' � � �. � �r � '�_ �� e�� Name: Title: I/V1/e have the authority to bind the Recipient. 105 Date Date 21 OCIF — Formula Based Component SCHEDULE"A" ELIGIBLE PROJECT CATEGORIES Eligible Projects include: File Number: OCIF FC-0221 The development and implementation of asset management pians (e.g. software, training, inspections) for core infrastructure assets Capital projects and capital maintenance for the renewal, rehabilitation and replacement of core infrastructure assets which include: - Roads o Paved Roads o Unpaved Roads o Street lighting and sidewalks may be included as eligible items when part of a road project. Bridges and Culverts Water o Water Treatment o Water Distribution/Transmission Wastewate r o Wastewater Treatment 8� Disposal o Sanitary Sewer Systems o Storm Sewer Systems (Urban and Rural) o Note: Routine upgrades or improvements to storm water infrastructure and drainage are ineligible; an eligible project must eliminate or significantly reduce the potential for serious damages to adjacent critical infrastructure (e.g. roads, bridges). Funds are not to be used for growth-related expansion projects (e.g., new subdivision infrastructure). A Recipient may choose to transfer its yearly allocation to another eligible Recipient in the furtherance of a joint project. A Recipient will only be allowed to transfer Funds if the following are in place: • The participating Recipients will need to inform Ontario that they are undertaking a joint project and put formal agreements in place for the joint project that provide details on the shared funding arrangement and reason for the transfer of Funds. • The Project being funded is listed as a priority in the asset management plans of all Recipients involved in the Project. 22 106 OCIF — Formula Based Component File Number: OCIF FC-0221 SCHEDULE "B" PROJECT REPORT AND ANNUAL FINANCIAL REPORT PART B.1 — PROJECT REPORT The Project Report shall indicate to the Ministry what Project the Recipient will use the Funds for. The Project Report contains two sections: (1) Proposed Project Reporting Table and (2) Annual Project Information Update. The Recipient must submit a separate Project Report for every Project proposed to utilize the Funds. PROPOSED PROJECT REPORTING TABLE Section A of the applicable Project Report must be submitted 45 Business Days prior to the start of any construction or no later than March 31 St of each calendar year. Should the Recipient require a revision in the Project set out in the Project Report; the Recipient shall revise the Project Report and submit an updated Project Report as soon as possible to the Ministry and prior to any construction being undertaken on the Project. The Recipient shall note that the Project has been changed from the original Project Report. ANNUAL PROJECT INFORMATION UPDATE Section B of the applicable Project Report must be submitted no later than Decem.ber 31 St of each calendar year. There are two (2) Project Reports: • Project Report A: Road Resurfacing or Asset Management Projects • Project Report B: Other Eligible Projects For Projects involving.asset management or road resurfacing, use report "A": Road resurfacing is defined as a road Project where the land. will not be disturbed, altered or affected through excavation (i.e., no increase in width, change in alignment, etc.) except for the removal of the current surface and the installation of a new surface. For all other Projects use report "B". PART B.2 — ANNUAL FINANCIAL REPORT The Recipient shall provide an annual financial update to the Ministry in the form prescribed no later than December 31� of each calendar year. 23 � �� N N O U � � U O N .n � � Z N LL � h � 0 �. W R' F- V W i 0 � �. � c a� c 0 n. E O U � N N N m (0 7 � � O LL I � U O t}NT/�F�I�.1 COMMU�IITY I[VFR�ISTRUCTURE �UNb � FORMULA COMP(,�NENT ��j r PROJECT R E POR T A— ROAD R E S U R F AC I N G O R AS S E T MA N A G E M E N T P R O J E C T S ' ��" C�ntarl� Mtlniclpality / LSB Nam� 27 Contaet Narne 27 Title 7f �mail 2T Phnne Number 2T Qate �T SECTION A: PROP05E� PROJECT REPO}271NG TABLE 5eCtion A must befllle.d out and su�mittedto the mihlstry 45 Business Davs nrlor t� the stait of airy construdion or no IateY than March 31='. Once the project is ColttpleCed or If your annual update is due Section B of this report shoulel he complete[l. A separa[e report should �e Filled ouf for every projecC you are planhing to udlfzc: FormUfe Component Funds for. If plans chan�e nnd a new project is selected'to utiUze progrem Funds, then ai� updated PYoject Report is required to be sUbmitted'tq the Ministry. pAR'ii'X; Pft01EGTOE5C{21pTION INfORMATION Far �ach prpiect, ensuire that the follawin� tahle is fUled oukr PI'ojet# Category ProJect Description Project Locatlon (Indudetheenfl�e site nf work) Estilttated Tntal Project [ost PtopASed Start pat ❑AsseC Management �Pic�ri��N ��,ar7dv r>ne� e;t�'tt:��r�r3��'� !'r7se�t r� t�r�l��E:� t1eP� j'a�u�� r�rert� t'�)ea�t1 �+D wrr:,r<is � lae�rs� j IriSr�r!'�r�tRra�SCx,�,�ltlr,rrltl,��tx� !rrrjcr-Y. J�I>tpri��-t;lNtar�1'1sGa�r_rr�r�inr3cr��.�trs;lrr�r4}rtn��a�f'�+nYrr7la:�rac�f��+r,ln�. n Street Address / Cross Roads 1QVrF��rtTrrfarrabilt6t;rl dsrarx�� City/Town �r�sx!i�`iri/nrrirai�anlrnrY' �.t1�1 'IttlCle Irtse,{t�lri/e7r'r,rl�n'th5r9 }it_rG � I�dtitude � tt�_"�r�1 t fnf�u riaa�r�i�•� �a<?rr'r $ lr�s��r t tteidPraz� vulerc� Forrnula Funds Ex�ected �to bo lJtilizerl $ fr�se=i�C d�3fdcrr� ¢rea�l�re 1d��sNrt d,rP� lt�iP�11L71_yF'1'1'4'1' Proposeci Contpletion Da�te 1e��ac,ri <�a�rd+^ hU1��V�'L3CY, S�CTIOfV B; ANNUAL PRAJEGT INFQRMATION UPDATE Thls sertioti must Vefilled outwhen tfte ak�ove project is compl�ted or annually at a nilnimirrn and submittedto the ntinistry na laterthan E�ecembe� 11, � N .. N N O U � � U O � a� � � � Z N L�. � c N C O Q � 0 U � N � N m N � � O � I � U O PAhT i, PROJ�CTAETIVITI�S , ' ' " 3, For Asset Management Frojects — W ha4 area dld ou focus our asset mana emant efforts on? ❑ State of local Infrastructure (i.e,, inventory of assets, valuation of assets, asset cntidition, etc.) ❑ DesTred levels of service (I.e,, performance measures, targets, timeframe6, etc.) Ca Asset manageme.nt strategy {I.e., action plans, procurement methods,.strate�y risks, etc.j ❑ Financing strategy (i.e., expenditure forecasES, hlstoric comparative analysis;�tc.) `4. Far Rnad Resurfacing Pro ects - As detailed in ourasseYmanagement pian AMR), what was the riori of the roJect usingthis,iunding? {�Over due to be completed7 []Due to �e ccampleterl In the next 2-5 years7 ❑Du@ to be completed [his year7 ❑Due tobe completed in the next5+years7 ❑Due to be eampleted in the next year7 ❑Was not detailed in plan, Piease specify: 5. Please indfcate whkth of the fbllowing benefits you have experienced nr anticipate for your municlpaiity as a resulf of the praJect Provide de4alle where ossible: At project Anticlpeted cornpletian (1-2 ears out Details Asset Management Plan isrtnwa cnmprei�snsive � Yex [] Na ❑ Ye� ❑ No {�fan For all cpre tnfrastnuture Addressed urgent public health atsd safety issues, � Yes (� No ❑ Yes � No Hlghest priorlty items in Asset Management Plan adcir�ssed enrlier than plan�ed. 0 Yes ❑ Na � Yes ❑ No Dther? P(eas� specify. `[.,.1 Yes, C] No C] Yes ❑ No Flctual Total Project Costs $xxx Actual Forrnula Funds Utilized un [li ibie Pro"ect frorn Section A)` $xxx Clasin Balance a� Uns ent FWids tu Date $kxX *This dntlar vAlue i5 t1�e amount to be identified in your Flnnual f-inancial Report NC17E: SupporCing documentaUon for any financiai Figures in Uiis report shall k�e provided m OMAFRA upon requestand should be retained as per.Section 11.7of the Cantrlbution Agreement. PART 3; pU�]' TO CONSULT. DECLAIiATION ,. Please uravide particulars as to how Che reauirements have Ueen meC under Sche� dule "F" aF the A�reemenl, Decf2ratioil re uiretl Forall Pro ects: Confirinatian provided to the Province of Ontario indicatinp' tha[ there has �een no communiCatipn (ram any Aboriginal ❑ Yes ONo � rn 0 r 0 r r � l0 N N N O U � � � Groups arui that tltere were no itemsoFcultural sigi�ifieance to aUariginal groups discovered Wlth res ect to thls roject. L' � '; pART 4: `ATfESTATION � E � Z Ry insertinp� a name, tjtle and date below, the Recipient warrants that: � �. The inforR�ation Wrpvided hereln and in any documeizt attaofiec{ Is accurote and compfete; and � 2. !t• Is fn campliance wifh a!I of the lerrns and condklons oP che Agreement. Name 2T � Tille 2T Dake 2T c a� c 0 a E 0 U � a� � m m c� � E � 0 � I � U O � N N O U � � U O N .a � � Z N LL C � c ,o n � O U 'n � � N m N 7 E 0 � I LL U O r� ONTARIO COMMUNITY INFRR5TRU'CTURE FUND — FORMUlA COIVIPONEN!T �jr- Qntario PROJECT REPORT B—OTHER EUGIBLE PROJECTS Municlpality/L50Name 2T Contart Name 2T Title 2T '�mai1 �'T Phono Mumber 2T Date 2T SECCION A: AROPOSED PROIECT REPORTING TA�BLE Section A must 6e filled out and su6mi#ed to the ministry 45 Basiness DaVs prlor ko the start of any 4mt�htictioh or ho later thah March 311, pnce #he p1'ojeck Is completed or if your annual ul�date is due.5ectlon b of this repo�t should be completed. A senarate repoit should Ue filled outfor every proJectyou are plann(ng tp �itillrE Fnrmula Compbitent Funds for, If plans change ahd a neWr pro]ect is seletted to utllfze program Funds, then nn updated Praject Report is r2qulrerl t�.k�e submitted Co the Mihistry. ;FART 1r�'IPROIEGT,_�DESGRIRf10fy INFORINlATION ': - For each roject, ensure that the following ta61e is filled out,. Project 1'ype C� C�ehabilitation �j f�eplace�nent Q Renewa) Note : Exna�tsion P�ojects nre not eligi�IP under OClF � PTOj'�ctCategory � OWater ❑Wastewater ❑Roads (otherYhan resurfacing) �16ridges �hue7�re �a�iPyr crr��. cr'r�ea7c�ry � � Pfoject Title fais�°Jf a X�r�71r�a:Y [ifirt {nn� es�ar� ti`rr�n� PK1 l��oxcl�ti 1�P�u�.�) � ProjectDescl'iption lrise�r'Ciai{rrc�rf�trierr2cr�t,��c,7�raxfe�ct. l�i�fvYdr-�"s�tex�'lsr�reir,rnr �e�5sc�r'4��?a�i�+tt�,'+i��t,��raet��'��,�7r,rr�a�tnl�7rp. ProJect �,oc�tion SkreeS Address/ � jTitictt�de1�heentlre ross�Roa s 1'rts�rtGifc�e�r�7ea�t�nnit�r,s � City/Town Ir�serif��j'a�er�7er�'r-.r,�4�ere slte of work) Longikude � Y1ts�r°f ira,J`��r��f�irrti�rrl��re- LBkitude Pr�se�i �rYfarrrlat�lorr� har�� Estimated T4tal 1�roject Cust $�r�:�.r:r trt�,l�tir,��tdit� Fon�tula Funds Expected ta he Utilizec! $ Ir��wr=rC'ticiJfau i�r�fi�{:= � Pfq � osed Start �ate (rr,s�rt rP�rt� Nf,'��X/I'��''�P'1'N'Yk" R�'opas�d Completfon DaYe � fnsea�t�r)'rYte �4�r1�Fj��i,�i! Y;�, These questlons :3rc intended to aid the Ministry of Agriculture, Faod and Rural Affairs iii meetinq the Crown's dutyto'cor7sult Aboriginat Cpmmunities. Aborigfnal Communities tncludethe tnstlan, InufYand Metis peoples of Canada and any other group having Abori�inal ortreaty rights undersectfon 35 qf khe ConstitufionAtt 1982, 'It IS impartant to note that con;ultations are an ongoing process. It isnossi6le that Aboriginal Comrn�mitles have bro�igl�t or may Ufing forward new Information in response to notffirations that could affect Ontario's consiiltation obligations. It is imnortant that Ontario be n�ade awere'of anY new in►ormatioit so it can remain responslvet6roughout the [onsultation process. Please itotethac the Duty to Consult is relevantto all paits oFthe province wl7ether a project is on reserve or municipol owned lands. &, C�eoArmphV I Does tlre hiunicipalitV/LSB own Che lAnd, buildin�(s) orworks I Iraser[ � N T T T r N N O U L�.. L�.. U O � � � � Z � � C N C O Q � O U v � � m m ca � � � O LL LL U O PART 2:1UUT�' T� CONSULl'IASSE55i�VIENT QUESTIONS ; , - : 1 upon which the proposed project will be conshucked or renovaked? Is khe proposed projecC land going to l�e cbisturbed, altered or d�r�ycrt� e'rzs�r��7rt, ,��er•e � affected through excavatlon, deForestation; etc,7 Wfll tRie proposed project rec�uire in-water work? Will it afFect a wakercourse or watershed and, iF so, to what extent7 Will the proposed project a ffect Uirds / Fowl or other animals anc! thefr hab(tat7 Regulatory decisions, List any regulatory clecisions/approvals etc. made or anti�ipated drrs��r? rES,cirJr�se� !n� �rr� approvals, llcenses, fn relation [o the Nroposed project Indude the type oF authorfzations, agreements, approval, e.g. Municipal Class EA—Schedule � or whatever is etc, by the federal or provincia) relevant; governmenk, including Have any A6original Comrriunities been en�aged in the conservation authorit{es, �Jecision/approval etc, process to clake7 IFyes, ple�se list the municipal by-�aws o� orders oP Al�original Communities and sat out the nature of the othersucfy instrurnents, considtation. Is the rnunicipalily aware of any historical nr archaeolbgical tr��:erti resF�eia+se laf:rrrr finds, etc. in t'he vicinit oF the roposed roJect site7 � Is the munieipallty aware�of any recenCclaims or assertions by f�ravizf� Ar e'u,�rFlf�n�r`yt,�rnl C;nrr�i�run�tde>.5, r�c�rrav�rr�s, i�s�ci'tr�.rts Aborigtnal Communiti'es In co�tnection wlth the proposed ur i dtrir��i � e�.rR�,�ss�d �rnt1 cia,�tiins A�ctketi7rf r��,�r�rrs�, pra'ectslte7 Knawn AsserttonS or Clairtrs f�las the municipality ever consulted Al�original Communit(es in If;�er�t r€ �p�u�s�r frer� the past about this or any of Rs infrastructure projectr? Ha3 ahy Aboriginal Community recently �reviously expressed a concem regarding other infrastructure projects the municipality has undertaken7 If so, what was the concern a�d whak was the outcome7 � N N T T � N N O U LL LL U O N � � � Z N LL � c N C O a � 0 U � N � N m N 7 � O LL I � U O SECTION B: ANNUAL PROlECT INFORMATION UPDATE "Thls section must he filled oirt when the ahove p'roject is cornpleted oc annually at a minimum and submitted ro the ministry n,Q„4ater thar�. ,�ec<.rt�ber 31�', - PART.i; PROIECTAGT4VITiES,:,! - 1. W hat is ihe currept status of the above roJect? ❑ In Progress- AheadofSchedule � In Progress—pnSchedule ❑ In Nrogress—BehindSchedule ❑ Completed ❑ NotProceeding 2. .Is there anyvartance.between the pro ectdescrl tion noted above'andthe actuat rojectcompleted orin pragress? �} No (� Yes If Yes, lease descr€be; 3. As detaifed in ynur assct management pian (AMP), whratwas.the priority of thc praJect usfng thts funding? ❑IOVer rJue to be compleYed? �Due to k�e Gamp�eted in the next 2, 5 ye��s7 CVDue to 6e completed thfs year7 C]Oueto be completed in the,next 5+ years? ❑IDue to he completed in the nexk year7 [J Was nQt detalled in plan, PleaSe speciFy: 4: Pitase indicate which of the #ollowCng benefits you have experierlced or anHclpate foryou� munlcipality as a re6uR of the proJect, Provide details where possi6(e. At project Anticipated Details cornpletion (T-Z years out) Addressed urgent puhlic health and safety Issues. Q Yes ❑ N4 ❑ Ye5 ❑ No Higitest priority items in Asset Management PlanaddressedearllertharrFilanned: � Yes ❑ Na ❑ Yes CE No . Other7 Please specify. CJ.Yes ❑ No ❑ Yes Q No AetualTotalProject,Costs $xxx Actuai formula Funds Utilized on Gligik�le Pro�ect (from Section A)'� 5xxx Closing Balance of Unspent Funds to Data' $xxx �This dollar vaiue ls tliQ amount to be idenNFled in your Annual Financfal Repart NOTE; Supporting documentafion for any financial figures in this reportshall be provided to OMAFRA upon requesf and should I�e retained as E�et Section 1�..7 af the Gpntri6ut►pn Agreement. rn N M T T r N N O U � � U PART 3: DU1Y TO CO�ISl1LT DECLARA710N 0 Please rovide particulars as to fiow the requirements have �een rnet under Schedule "F" oF the Agreement. � Declaratinn rec uired forall Pro ectst -n Confrrmatipn provided to tlie Provfnce af dntarin indita.ting that there has,laeen no communication fram any Aboriginai [j Ves [�No � 6roups and that there were no items of cultural si�nificance to aboriginal �roupsdiscovered with respect to this praject. Z � Deelaration re ui�ed b Pro'ectr'wiChadditional Dut to Coiisult re uirementsas identifiedb Ontario ` � Notice about this project; as well as a Full project description, was provided to Identifiecl Aboriginal communit(es making. them aware of tfie opportunity to express comments and concerns wittr respect to the Fo4owing: r the project; ❑ Yes ❑No • adverse impactr on I�unting, trapping, fishinb and plant harvesting; and • any burial grounds or arehaeological sites of cultural signifieance. The Province oF Ontario was made aware of any issue(s) identified by any A6origiraaM communities. ❑ Ves ❑ No A copy of any rorrespondence/informaHon between tlie Recipient and any Aborlginal communitles was forwarci�d to the ❑ Yes ❑ No PART4: ATTESTATION -. By Insertinga name, title and date below, the Recipientwarrantsthat: 1. The information provided herelh and in any document attac6ied is accurate and eompfete; and 2. It is in camplfance with aif of the terms and ronditions of the Agreemen[. Name ' 2T Title 2T Date 2T c � � 0 a E 0 U � � � � m � � E L � � I � U O O M d- r r OCIF — Formula Based Component ANNUAL FINANCIAL REPORT ONTARIO.CDRIIMUNIT' INFRASTRUCLURE FUND -ANNUAL FlNANCIkI REPORT KUNDS RE[EIVE6 FFtOIVI OQF FORMIILA COMP6NENT (r�fc �[n$[hedulc "D" af ynLr&g:nmer;[] ADbIF1�N5 7D THEFUN�ING AMOUNT: Atld: Arry_interesccarnco nr, the funz received � File Number: OCIF FC-0221 ��Ontaria (!a: persecyor+ 4.3 of yourl�greemen:, reciRkna are reauired [o prdVide [he amount �f cny, of:he�Inreresr eamedon:hefu�sorovidsd. Reciprer�sarereapons75ie�orchecatwlo:7orto(inte;esecrned.l 'S 5 �dd: Any ameunAs] reeeivec from ar.otherRecip7enYs OqF Allocacianr ' rP�av7de nama oJ Municipafry/LocalServ7ces Soord a�d omounr receivedl Namevf Municipaitty/ LSB 1. S � 5 3. S ?OT.4E RECEIVED FROfiA OTHEf. REGPIENTS; S �� TOTAL FUN�S�REQUIRFD 7'L1 BEDSED fOR PERIO�: - - - :��:. $ SUBTRACFIONS FROM1�ITHF FUNDED AytOUM': SU6tract Any OGf allocation amounY�s'� Ydrtsferted to ana[her Municipalrty%L59: (Prwice nome ni ?+!uniapafr¢/Lon� i.$ervices 9oard cnd vma.ui; ,7oas,I�tr�) . Name nf Municipality / I56 1. S 2 � � ------_...... . _ _.. . . . . ... . S _ .�..—. .. _ . .. - ---- -- -� ----- _ .. . _ _ ... .� 3 . ... . . .. ... S - � - - ---- - ---._- - - -�.�....�. 70TAC'fFA�15FLFRiDTDOTHLRRCqPIGft3: - � � � S - SubtraRTatalformvlafundsutil"reduneli�ihk-projecs _ �Prwicepiojer:nvmeana7alJormulof�mdsuseofnr�eA�ojzG(cJ. Aroie.�-tsstouldmo:rtwha:wossubmir.euinSecbor9-Par2 �rinonriuf UpcCeser.ion of yourrequireoPrq�ec:Fe�or.(s/) Rojed Name , L 5 2 S 3, S 4. S 5. 5 TdTAL FUNQS USCD ON NGl&4.� PRp1CCf5: �$ �.70TALFUNUSTAANSFERRE�OpSPFMG� - �_$ � �:CLDSING�BAlANQ-QF:FLNDS . - _ _ - ' -$ `:4s persc�ior 35 af yourAgrecmrsII, Qncno mey nEust �e omourrt provided in [Poc fo!!nwiny yeor6yzhe amount of Funds nor .:pe^i 5y December32. !f thc ba!a�Q nfj nds � grrn[c� r,Mc zcm, you mraE �u�c;he[ you tave p,�rn•ic�� vn emo�; forimevi camednGOVe. . . A7TESTATIDN HYTREASURERJCLERIC�CHIEFMMINISTRATNEDFFl�R Ry ir.scrting a name.ritie anc datc below, thc Recipierrt warrar�tF.ae 1; The informatior. provFcec herein anc iv am� document atrached is accurate and complerr, � 2. ArNinterestearr.ed(asrotdur:derAdditionstotbeFUrd{ngAmwrtabov�hasheenusec;fnrtastsaswciatecx�i[hel�.l6leprojeccsor has beee remii[ed �m the tninistry, ard - 3. TheReeipic`ttisiacompliartrr.vii[hellafthetcrtn:andand'aionsafthcAQrcement. 115 31 OCIF — Formula Based Component File Number: OCIF FC-0221 SCHEDULE"C" OPERATIONAL REQUIREMENTS UNDER THE AGREEMENT PART C.1 — EFFECTIVE DATE OF AGREEMENT C.1.1 Effective Date Of Agreement. This Agreement is effective as of the date that the Minister signs it. PART C.2 — EXPIRATION DATE C.2.1 Expiration Date Of Agreement. Unless this Agreement is terminated earlier, this Agreement shall expire on March 31, 2018. PART C.3 — INSURANCE REQUIREMENTS C.3.1 Insurance Requirements. The Recipient shall have no less than finro million dollars ($2,000,000.00) in general commercial liability insurance per occurrence. PART C.4 — SUBMISSION OF PROJECT REPORT C.4.1 Submission Of Project Report. The Recipient shall submit its Project Report in ' accordance with the following: The Recipient shall submit section "A" of the applicable Projecf Report to Ontario 45 Business Days prior to the start of any construction or no later than March 31� of each. calendar year. The Recipient shall submit section "B" of the applicable Project Report to Ontario no later than December 315tof each calendar year. PART C.5 — SUBMISSION OF ANNUAL REPORT C.5.1 Submission Of Annual Report. The Recipient shall submit the Annual Financial Report and Part "B" of the Project Report for all applicable Projects to Ontario by December 315t of the year in which the Funds were received. 32 116 OCIF — Formula Based Component PART C.6 — NOTICE AND CONTACT File Number: OCIF FC-0221 C.6.1 Notice And Contact Information. Notices under this Agreement shall be sent to the following persons at the following addresses: To Ontaria Ministry of Agriculture, Food and Rural Affairs Rural Programs Branch 1 Stone Road West, 4NW Guelph, Ontario N1G 4Y2 Attention.: Joel Locklin, Manager Telephone: 519-826-3791 Fax: 519-826-3398 Email: OCIF(a�ontario.ca PART C.7 — ASSET RETENTION PERIOD To Recipient: The Corporation of the City of Pickering One The Esplanade, Pickering, Ontario L1V 6K7 Attention: Tony Prevedel Telephone: (905) 420-2222 Email: cao@pickering.ca C,7.1 Recipient To Notify Ontario Before Disposal Of Assets Purchased With Funds Under Agreement. The Recipient shall notify OMAFRA in writing of any disposal of assets purchased by the Funds at least one hundred and eighty (180) Business Days in advance of the disposition. The Recipient shall not dispose of any assets purchased, constructed, rehabilitated or improved by the Funds without the prior written consent of Ontario. C.7.2 Asset Retention Period. The Recipient shall retain any asset purchased, rehabilitated or built with Funds under this Agreement for a period of five (5) years from the date that the Project is completed. 33 117 OCIF — Formula Based Component SCHEDULE "U" FINANCIAL INFORMATION FOR THE PROJECT PART D.1 — PROVISION OF FUNDS File Number. OCIF FG0221 D.1.1 Funds Provided By Ontario. Subject to the terms and conditions of this Agreement, Ontario shall provide the Recipient with an amount up to the amount indicated in the table immediately below in Funds for Eligible Costs. Subject to sections 3.5 and 4.3 of this Agreement, the Recipient may also retain any interest earned upon those Funds Funding Annual Financial Timeframe for Funds to be spent: Year Assistance 2015 $ 198,740.00 Janua 1- December 31, 2015 2016 $ 198,740.00 Janua 1- December 31, 2016 2017 $ 198,740.00 Janua 1- December 31, 2017 PART D.2 — PAYMENT OF FUNDS D.2.1 Payment of Funds. Ontario shall pay, subject to the terms and conditions of the Agreement, to the Recipient the Funds in accordance with the following: Annual Financial Assistance is equal to or under $150,000.00 Fundin Year 100% Pa ment Date Ran e 2015 Janua — March 2015 2016 Janua — March 2016 2017 Janua — March 2017 Annual Financial Assistance is over $150,000.00 34 118 OCIF — Formula Based Component SCHEDULE "E" ELIGIBLE AND INELIGIBLE COSTS PART E.1 — ELIGIBLE COSTS File Number: OCIF FC-0221 E.1.1 Eligible Costs. Subject to the terms and conditions of this Agreement and Part E.2 of this Schedule "E" of the Agreement, Eligible Costs shall only include all direct and incremental costs that are attributable to the development and implementation of the Project and are in Ontario's sole and absolute discretion, properly and reasonably incurred as well as necessary for the Project. Eligible Costs must also be actual, verifiable cash outlays that are documented through invoices, receipts or other records that is acceptable to Ontario. Without limiting the generality of the foregoing, Eligible Costs shall only include the following: (a) The capital costs of constructing, rehabilitating, replacing or improving, in whole or in part, a tangible core infrastructure asset; (b) Development and implementation of asset management plans (e.g. software, #raining and inspections); � (c) All planning and assessment costs, such as the costs of environmental planning, surveying, engineering, architectural supervision, testing and management consulting services; (d) The costs for permits, approvals, licences and other authorizing documents, as well as inspections and other fees directly attributable to obtaining a permit, approval, licence or other authorizing document, provided those costs are directly attributable to the construction and implementation of Project, (e) The costs for consulting with an Aboriginal Group, including the RecipienYs legal fees, provided they are reasonable, on matters pertaining to the Project, including the translation of documents into languages spoken by the affected Aboriginal Group, but does not include any capacity-building funding unless specifically approved by Ontario in writing prior to be.ing incurred; (fl The costs of developing and implementing innovative techniques for carrying out the Project; (g) The costs of Project-related signage, lighting, Project markings and utility adjustments, (h) The costs of joint communication activities, such as press releases, press conferences, translation and road signage recognition, as described in Schedule "G' of this Agreement; and (i) Other costs that are, in Ontario's sole and absolute discretion, direct, incremental and necessary for the successful implementation of the Project, provided those costs have been approved by Ontario in writing prior to being incurred. [C%". 119 OCIF — Formula Based Component PART E.2 — INELIGIBLE COSTS File Number: OCIF FC-0221 E.2.1 Ineligible Costs. The following costs are Ineligible Costs and are therefore ineligible to be paid from the Funds being provided under this Agreement: (a) Costs not incurred in accordance with section 5.1(e) of the Agreement; (b) Costs associated with the acquisition or leasing of: (i) Land, (ii) Buildings, (iii) Equipment, (iv) Other facilities, and (v) Obtaining easements, including costs or expenses for surveys, and includes real estate fees and other related costs; (c) Financial charges, legal fees, other than those association with consultation with Aboriginal Groups (provided such legal fees are reasonable), loan and interest payments (d) The value of any goods and services which are received through donations or in kind; (e) Employee wages and benefits, overhead costs as well as other direct or indirect operating, maintenance and administrative costs incurred by the Recipient for the Project, and more specifically, but without limiting the generality of the foregoing, costs relating to services delivered directly by permanent employees of the Recipient; (fl Meal, hospitality or incidental costs or expenses of Consultants (g) Costs associated with completing Expressions of Interest and/or applications for the Ontario Community Infrastructure Fund or the Building Canada Fund — Small Communities Fund; and (h) Costs of accommodation for any Aboriginal Group. E.2.2 Harmonized Sa/es Tax. Any portion of the Harmonized Sales Tax that is refundable by the Canada Revenue Agency as an input tax credit or as a rebate shall be deemed to be an Ineligible Cost. Any portion of the Provincial Sales Tax that is refundable by the respective provincial tax authority shall be deemed to be an Ineligible Cost. E.2.3 Costs Of Non-Arm's Length Parties. The costs or expenses of goods or services acquired from parties that are not Arm's Length from the Recipient must be valued at the cost of the supplying entity and shall not include any mark up for profit, return on investment or overhead costs and shall not exceed fair market value. Ontario may not consider the eligibility of any of these costs unless access is provided to the relevant records of the supplying entity. 36 7 20 OCIF - Formula Based Component SCHEDULE "F" ABORIGINAL CONSULTATION REQUIREMENTS PART F.1 — PURPOSE AND DEFINITIONS File Number: OCIF FC-0221 F.1.1 Purpose. This Schedule sets out the responsibilities� of Ontario and the Recipient in relation to consultation with Aboriginal Groups on the Project, and to delegate procedural aspects of consultation from Ontario to the Recipient. F.1.2 Definitions. For the purposes of this Schedule: "Section 35 Duty" means any duty Ontario may have to consult and, if required, accommodate Aboriginal Groups in relation to the Project flowing from section 35 of the Constitution Act, 1982. PART F.2 — RESPONSIBILITIES OF ONTARIO F.2.1 Onfario's Responsibilifies, Ontario is responsible for: (a) Determining the Aboriginal Groups to be consulted in relation to the Project, if any, and advising the Recipient of same; (b) The preliminary and ongoing assessment of the depth of consultation required with the Aboriginal Groups; (c) � Delegating, at its discretion, procedural aspects of consultation to the Recipient pursuant to this Schedule; (d) Directing the Recipient to take such actions, including without limitation suspension as well as termination of the Project, as Ontario may require; (e) Satisfying itself, where it is necessary to do so, that the consultation process in relation to the Project has been adequate and the Recipient is in compliance with this Schedule; and (fl Satisfying itself, where any Aboriginal or treaty rights and asserted rights of Aboriginal Groups require accommodation, that Aboriginal Groups are appropriately accommodated in relation to the Project. PART F.3 — RESPONSIBILITIES OF THE RECIPIENT F,3.1 Recipienf's Responsibilifies. The Recipient is responsible for: (a) Giving notice to the Aboriginal Groups regarding the Project as directed by Ontario, if such notice has not already been given by the Recipient or Ontario; (b) Immediately notifying Ontario of contact by any Aboriginal Groups regarding the Project and advising of the details of the same; 37 121 OCIF — Formula Based Component File Number: OCIF FC-0221 (d) Informing the Aboriginal Groups about the Project and providing to the Aboriginai Groups a full description of the Project unless such description has been previously provided to them; (e) Following up with the Aboriginal Groups in an appropriate manner to ensure that Aboriginal Groups are aware of the opportunity to express comments and concerns about the Project, including any concerns regarding adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to the Aboriginal Groups, and immediately advising Ontario of the details of the same; (fl Informing the Aboriginal Groups of the regulatory and approval processes that apply to the Project of which the Recipient is aware after reasonable inquiry; (g) Maintaining the Aboriginal Groups on the RecipienYs mailing lists of interested parties for environmental assessment and other purposes and providing to the Aboriginal Groups all notices and communications that the Recipient provides to interested parties and any notice of completion; (h) Making all reasonable efforts to build a positive relationship with the Aboriginal Groups in relation to the Project; (i) Providing the Aboriginal Groups with reasonable opportunities to meet with appropriate representatives of the Recipient and meeting with the Aboriginal Groups to discuss the Project, if requested; (j) If appropriate, providing reasonable financial assistance to Aboriginal Groups to permit effective participation in consultation processes for the Project, but only after consulting with Ontario; (k) Considering comments provided by the Aboriginal Groups regarding the potential impacts of the Project on Aboriginal or treaty rights or asserted rights, including adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to an Aboriginal Group, or on other interests, or any other concerns or issues regarding the Project; (I) Answering any reasonable questions to the extent of the RecipienYs ability and receiving comments from the Aboriginal Groups, notifying Ontario of the nature of the questions or comments received and maintaining a chart showing the issues raised by the Aboriginal Groups and any responses the Recipient has provided; (m) Where an Aboriginal Group asks questions regarding the Project directly of Ontario, providing Ontario with the information reasonably necessary to answer the inquiry, upon Ontario's request; (n) Subject to paragraph (o) below, where appropriate, discussing with the Aboriginal Groups potential accommodation, including mitigation of potential impacts on Aboriginal or treaty rights, asserted rights or associated interests regarding the 38 �22 OCIF— Formula Based Component File Number: OCIF FC-0221 Project and reporting to Ontario any comments or questions from the Aboriginal Groups that relate to potential accommodation or mitigation of potential impacts; (o) Consulting regularly with Ontario during all discussions with Aboriginal Groups regarding accommodation measures, if applicable, and presenting to Ontario the results of such discussions prior to implementing any applicable accommodation measures; (p) Complying with Ontario's direction to take any actions, including without limitation, suspension or terminatian of the Project, as Ontario may require; and (q) Providing in any contracts with Third Parties for the RecipienYs right and ability to respond to direction from Ontario as Ontario may provide. F.3.2 Acknowledgement By Recipient. The Recipient hereby acknowledges that, notwithstanding section 11.2 of the Agreement, Ontario, any provincial ministry having an approval role in relation to the Project, or any responsible regulatory body, official, or provincial decision-maker, may participate in the matters and processes enumerated therein as they deem necessary. F.3,3 Recipient Shall Keep Records And Share Information. The Recipient shall carry out the following functions in relation to record keeping, information sharing and reporting to Ontario: - � (a) Provide to Ontario, upon request, complete and accurate copies of all documents provided to the Aboriginal Groups in relation to the Project; (b) Keep reasonable business records of all its activities in relation to consultation and provide Ontario with complete and accurate copies of such records upon request; (c) Provide Ontario with timely notice of any Recipient mailings to, or Recipient meetings with, the representatives of any Aboriginal Group in relation to the P roject; (d) Immediately notify Ontario of any contact by any Aboriginal Groups regarding the Project and provide copies to Ontario of any documentation received from Aboriginal Groups; (e) Advise Ontario in a timely manner of any potential adverse impact of the Project on Aboriginal or treaty rights or asserted rights of which it becomes aware; (fl Immediately notify Ontario if any Aboriginal archaeological resources are discovered in the course of the Project; (g) Provide Ontario with summary reports or briefings on all of its activities in relation to consultation with Aboriginal Groups, as may be requested by Ontario; and (h) If applicable, advise Ontario if the Recipient and an Aboriginal Group propose to enter into an agreement directed at mitigating or compensating for any impacts of the Project on Aboriginal or treaty rights or asserted rights. 39 123 OCIF — Formula Based Component File Number: OCIF FC-0221 F.3.4 Recipient Shall Assist Ontario. The Recipient shali, upon request lend assistance to Ontario by filing records and other appropriate evidence of the activities undertaken both by Ontario and by the Recipient in consulting with Aboriginal Groups in relation to the Project, attending any regulatory or other hearings, and making both written and oral submissions, as appropriate, regarding the fulfillment of Aboriginal consultation responsibilities by Ontario and by the Recipient, to the relevant regulatory or judicial decision-makers. PART F.4 — NO IMPLICIT ACKNOWLEDGEMENT F.4,1 No Acknowledgment Of Duty To Consult Obligations. Nothing in this Schedule shall be construed as an admission, acknowledgment, agreement or concession by Ontario or. the Recipient, that a Section 35 Duty applies in relation to the Project, nor that any responsibility set out herein is, under the Constitution of Canada, necessarily a mandatory aspect or requirement of any Section 35 Duty, nor that a particular aspect of consultation referred to in subsection F.1.2 hereof is an aspect of the Section 35 Duty that could not have lawfully been delegated to the Recipient had tne Parties so agreed. PART F.5 — GENERAL F.5.1 No Substitution. This Schedule shall be construed consistently with but does not - substitute for any requirements or procedures in relation to Aboriginal consultation or the Section 35 Duty that may be imposed by a ministry, board, agency or other regulatory decision-maker acting pursuant to laws and regulations. Such decision-makers may have additional obligations or requirements. Nonetheless, the intent of Ontario is to promote coordination among provincial ministries, boards and agencies with roles in consulting with Aboriginal Groups so that the responsibilities outlined in this Agreement may be fulfilled efficiently and in a manner that avoids, to the extent possible, duplication of effort by Aboriginal Groups, the Recipient, Ontario, and provincial ministries, boards, agencies and other regulatory decision-makers. PART F.6 — NOTICE AND CONTACT F.6.1 Notices In Relation To Schedule. All notices to Ontario pertaining to this Schedule shall be in writing and shall be given sent to the person identified under Part 6.4 of Schedule C. 40 1 24 OCIF — Formula Based Component SCHEDULE"G" COMMUNICATIONS PROTOCOL File Number: OCIF FC-0221 This Communications Protocol (Protocol) outlines the respective responsibilities and the working relationship between the Parties to this Agreement as they relate to all communications by the Parties regarding funding received in relation to the Project. PURPOSE This Protocol applies to all communications activities related to any. funding the Recipient receives under this Agreement. Communications activities may include, but are not limited to: • Project signage • Media events and announcements, including news conferences, public announcements, official events or ceremonies, news releases • Printed materials • �Nebsites • Photo compilations • Award programs • Awareness campaigns PROJECT SIGNAGE If the Recipient installs a sign at the site of a Project, the Recipient shall, at Ontario's request, provide acknowledgement of the provincial contribution to the Project. Sign design, content and installation guidelines will be provided by Ontario. Where the Recipient decides to install a permanent plaque or other suitable marker with respect to a Project, it must recognize the provincial contribution to the Project and be approved by Ontario prior to installation. The Recipient is responsible for the production and installation of Project signage, unless otherwise agreed upon in writing prior to the installation of the signage. MEDIA EVENTS The Recipient or Ontario may request a media event, announcement or recognition of key milestones related to Project. In requesting a media event or an announcement, the Party requesting the event will provide at least twenty-one (21) Business Days' notice to the other Party of its intention to undertake such an event. The event will take place at a date and location that is mutually agreed to by the Parties. The Parties will have the opportunity to participate in such "events through a designed representative. Each participant will choose its designated representative. All joint communications material related to media events and announcements must be approved by Ontario and recognize the funding provided by Ontario. 41 125 OCIF — Formula Based Component Media events and announcements include but are not limited to: • News conferences • Public announcements • Official events or ceremonies • News releases File Number. OCIF FC-0221 PRINTED MATERIALS, WEBSITES, PHOTO COMPILATIONS, AWARD PROGRAMS, AWARENESS CAMPAIGNS The Recipient may include messaging in its own communications products and activities with regards to the Project. When undertaking such activities, the Recipient shall provide the opportunity for Ontario to participate and shall recognize the funding provided by Ontario. ISSUES MANAGEMENT The Recipient shall share information promptly with Ontario should significant emerging media, Project or stakeholder issues relating to a Project arise. Ontario will advise Recipients, when appropriate, about media inquiries concerning the Project. COMMUNICATING SUCCESS STORIES The Recipient agrees to communicate with Ontario for the purposes of collaborating on communications activities and products including but not limited to success stories and features relating to the Project. The Recipient acknowledges and agrees that Ontario may publicize information about the Project. Ontario agrees it will use reasonable efforts to consult with the Recipient about Ontario's publication about the Project prior to making it. DISCLAIMER If the Recipient publishes any material of any kind relating to the Project or the Ontario Community Infrastructure Fund, the Recipient shall indicate in the material that the views expressed in the material are the views of the Recipient and do not necessarily reflect Ontario's views. 42 126 a�°T9t�CI�N1E�°i�#�.,,.�f� P.EFQ€i,T'#,��.�.� %`f The Corporation of the City of Pickering � By-law No. Being a by-law to provide for the establishment of a Reserve Fund to be known as the Ontario Community infrastructure Fund (OCIF) - Formula-Based Component Reserve Fund Whereas under the Municipal Act, S.O., 2001 as amended, Section 417(1), the Council of the City of Pickering may establish and maintain a reserve fund for any purpose for which it has authority to expend funds. Whereas the Council of the City of Pickering approved Report to Council FIN 26-14 authorizing the City to execute the Ontario Community Infrastructure Fund - Formula- Based contribution agreement. Whereas the execution of the OCIF-Formula-Based Contribution Agreement will now provide the City of Pickering with provincial funds to be used for eligible projects as outlined in the agreement. Whereas it is desirable for the City of Pickering to establish a reserve fund for the purpose of administering this newly approved Ontario Community Infrastructure Fund- Formula-Based Funding Contribution Agreement. Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: 1. The establishment of a Reserve Fund known as the Ontario Community Infrastructure Fund (OCIF) - Formula-Based Reserve Fund is hereby authorized. 2. The Ontario Community Infrastructure Fund (OCIF) shall consist of such monies paid by the Provincial Government or its agencies for the purpose of ineeting the requirements of the program as described in the Ontario community Infrasfructure Fund - Formula-Based Contribution Agreement. 3. The Treasurer may draw funds from this reserve fund for eligible projects as outlined in the Contribution Agreement. 4. Interest earned on the investment of fund balances shall form part of this reserve � fund. 5. This By-law shall come into force on the date of its enactment. By-law passed this 15th day of December, 2014. David Ryan, Mayor Debbie Shields, City Clerk 1 27 . , �:�: .,,. �""' i ��w�'�'. o� -�:°� a . 'S - From: Thomas Melymuk Director, City Development �_�� Report Number: PLN 24-14 Date: December 15, 2014 Subject: South Pickering Intensification Study (Part of the Pickering Official Plan Review) Places to Grow Implementation Fund Transfer Payment Agreement File: D-2000-016 Recommendation: That Report PLN 24-14 of the Director, City Development, regarding the South Pickering Intensification Study be received; 2. That Council authorize staff to undertake Phase 1 of a Study of the land use planning policies respecting the intensification opportunities for lands in South Pickering outside the City Centre, generally as set out on Appendix I to Report PLN 24-14; � 3. That the draft by-law provided as Appendix II to Report PLN 24-14, authorizing the execution of the Places to Grow Implementation Fund Transfer Payrr�ent Agreement to off-set the costs of Phase 1 of the Study — Community Engagement, be fonivarded to Council for enactment; 4. That the Mayor and City Clerk be authorized to execute the Places to Grow Implementation Fund Transfer Payment Agreement provided as Schedule "A" to Appendix II to Report PLN 24-14; 5 0 That Council authorize the appropriate City officials to undertake the necessary actions required to implement the above recommendations; and Further, that a copy of Report PLN 24-14 be forwarded to the Region of Durham, the Ministry of Municipal Affairs and Housing, and the Ontario Growth Secretariat. Executive Summary: As part of the City's Official Plan Review, staff is undertaking a conformity exercise with respect to the Provincial Growth Plan. The first part of this exercise is principally complete, with the approval by Council of the City Centre Official Plan Amendment 26. The next step of the conformity exercise is to review the growth and development opportunities in South Pickering outside of the City Centre. Accordingly, staff have developed a three-phase "South Pickering Intensification Study" for Council's consideration (see Study Outline, Appendix I). Phase 1 of the Study will be an innovative engagement program to obtain community input on growth and intensification outside of the City Centre. Phase 2 will result in the preparation of a built form vision for intensification outside of the City Centre, and. Phase 3 will involve the drafting of new official plan policies, neighbourhood design guidelines and implementing zoning by-laws. 128 Report PLN 24-14 Subject: South Pickering Intensification Study December 15, 2014 Page 2 Council approval is being sought to commence Phase 1 of the Study and execute an agreement to secure funding assistance for Phase 1 under the provincial Places to Grow Implementation Fund (see By-law and Agreement, Appendix II). Financial Implications: Consulting assistance will be needed to support staff in completing the South Pickering Intensification Study. The Phase 1 community engagement exercise is anticipated to cost between $20,000 and $30,000. The cost will be offset by a$20,000 grant the City will receive under from the provincial Places to Grow Implementation Fund. Additional funding, if needed for Phase 1, would come from the City Development Department's 2015 consulting budget. Phases 2 and 3 of the Study will be budgeted for and considered through the Department's 2015 budget submission. It is anticipated that this two-year project will require up to $300,000 in consulting assistance (primarily for Phase 2) of which 73% would be Development Charge funded. 1. Background A review of the Pickering Official Plan is being undertaken through a series of studies and amendments addressing specific topics and geographic areas. One of the topics to be addressed through the Official Plan Review is to bring the City's Plan into conformity with the Provincial Growth Plan - Places to Grow. With City Council's adoption of the City Centre Official Plan Amendment 26 in July 2014, the initial part of the Growth Plan conformity exercise is principally complete. The next step in the City's conformity exercise is to look beyond the City Centre and investigate strategic directions for future growth and development in the remaining neighbourhoods in South Pickering. 2. Discussion 2.1 Council is requested to authorize staff to undertake a study to review future growth and establish a built form vision for the areas outside of the City Centre This report recommends that Council authorize staff to undertake the next part of the City's Growth Plan conformity exercise for South Pickering. The study will focus on establishing a vision for built form for South Pickering outside of the City Centre and developing an Official Plan Amendment to address future growth. A collaborative public engagement process is a key element of the design of the study, which is to be conducted in the three phases (see Study Outline, Appendix I): • Phase 1 will be a conversation with the community about where, and to what extent, growth should occur beyond the City Centre, and about the intensity, form and design of that growth 129 Report PLN 24-14 December 15, 2014 Subject: South Pickering Intensification Study Page 3 • Phase 2 will include consultants being retained by the City to assist in developing a vision and strategic directions for growth and intensification outside of the City Centre, and • Phase 3 will see the preparation of an Official Plan amendment, neighbourhood development guidelines and zoning by-law amendments to implement the Phase 2 vision and strategic directions 2.2 The City has received funding from the Province to initiate a broad community engagement program The Places to Grow Implementation Fund program, an initiative of the Ministry of Municipal Affairs, is intended to fund projects that promote and help achieve the policies or goals of the Province's Growth Plan. At its July 2013 meeting, Council authorized an application to the provincial funding program to assist staff in initiating a broad community engagement program to consider growth along the City's corridors and nodes beyond the City Centre. Staff subsequently submitted an application to the Province under its Places to Grow Implementation Fund. The City's proposal to undertake an engagement process with the community about the direction of growth beyond the City Centre has recently been awarded $20,000 from the 2014/2015 funding program. A requirement of the funding is that the funded work must be completed by the provincial fiscal year end of March 31, 2015. This report recommends that Council authorize staffto commence Phase 1, enact a by-law authorizing the execution of the Places to Grow Implementation Fund Transfer Payment Agreement, and authorize the Mayor and City Clerk to enter into the Places to Grow Implementation Fund Transfer Payment Agreement (see Agreement provided as Schedule "A" to By-law, Appendix II). 2.3 A collaborative community engagement program will form Phase 1 of the South Pickering Intensification Study In early 2015, the provincial funding will be used to offset the cost of developing and delivering community roundtable discussions, an online engagement platform, and a social media presence around the conversation with the community about growth and built form in South Pickering. Consultant(s) will assist staff in developing and delivering various engagement activities. The objective of the collaborative engagement is to facilitate the community's involvement early in the study process and to engage the community throughout all three phases of the Study. At the end of Phase 1, staff will report to Council on what was heard at the community roundtable discussions and through the online platform. Reporting to the community will be through meetings with the roundtable discussion participants and through information posted on the online platform. 130 Report PLN 24-14 Subject: South Pickering Intensification Study 3. Conclusion December 15, 2014 Page 4 It is recommended that Council receive this report and authorize staff to initiate the South Pickering Intensification Study. Staff will continue to keep Council apprised of the progress of the Study. It is also recommended that Council enact a by-law authorizing the execution of the Places to Grow Implementation Fund Transfer Payment Agreement, and authorize the Mayor and City Clerk to enter into the Places to Grow Implementation Fund Transfer Payment Agreement (see Appendix II). Appendices: Appendix I South Pickering Intensification Study, Study Outline Appendix II Draft By-law authorizing the execution of the Places to Grow Implementation Fund Transfer Payment Agreement Prepared By: Deborah ylie, CIP, RPP Principal Planne — Policy C�• —' Jeff Brooks, MCIP, RPP Manager, Policy & Geometrics � � .I Recommended for the consideration of Pickering City_ Council _ Tony Prevedel, P.Eng. Chief Administrative Officer 131 Approved/Endorsed By: � ,... �� '�'-��.. Catherine Rose, C , RPP Chief Planner - Thomas Mely�fnuk,,f01CIP, F Director, City �Deu�lopment �'/ Appendix I to Report Number PLN 24-14 South Pickering Intensification Study, Study Outline 132 South Pickering Intensification Study Study Outline Phase 1 - Community Engagement • engage stakeholders through community roundtable discussions to hear their stories and to learn what they value about their neighbourhoods and the City • develop innovative public engagement tools (e.g. online platforms and social media) which will complement the roundtable discussions and reach a broader audience • gauge the comments received from stakeholders, towards forming a Community Vision • identify engagement approaches for future phases of the study • analyze and report the community engagement findings to Committee and Council Phase 2— Develop a Community Vision & Strategic Directions • develop a vision for the future growth of South Pickering outside of the City Centre to 2031, having regard for the prescribed objectives of the Provincial Growth Plan and the City's objectives for sustainable placemaking • confirm the population and household projections for each neighbourhood in five year increments to 2031 • develop employment projections for each neighbourhood in five year increments to 2031 • review the growth potential within intensification corridors, nodes, and established neighbourhoods • develop conceptual strategies illustrating how built form typologies, building massing alternatives, and land use patterns would relate to corridors, nodes, and established neighbourhoods • develop a conceptual open space system with an emphasis on innovative and . sustainable techniques • assess potential growth related impacts e.g. local infrastructure (parks, school sites, transportation, stormwater management, etc.), and the environment (natural heritage system refinement and buffer requirements) • identify and assist in developing a policy framework to enable community improvement areas • identify potential locations for the use of innovative green technologies such as but not limited to district energy, stormwater management, renewable energy, and low impact development • develop strategic directions for the development of Official Plan policy to support the recommended vision based on results of the community engagement, an assessment of growth and potential impacts, and best practises • undertake community engagement throughout Phase 2 • report to Committee and Council Phase 3 — Implementation develop an amendment to the Official Plan, neighbourhood design guidelines and zoning by-law amendments to implement the visions and strategic directions undertake community engagement throughout Phase3 report to Committee and Council 133 Appendix II to Report Number PLN 24-14 Draft By-law authorizing the execution of the Places to Grow Implementation Fund Transfer Payment Agreement 134 The Corporation of the City of Pickering � �. I , Q, /14 ��. � .x Being a by-law to authorize the execution of the Places to Grow Implementation Fund Transfer Payment Agreement Whereas in order to facilitate the transfer of funds from the Government of Ontario to the City of Pickering it is necessary to execute the Rlaces to Grow Implementation Fund Transfer Payment Agreement; Now therefore the Council of The Corporation of the Gity of Pickering hereby enacts as follows: The Mayor and City Clerk are hereby authorized to execute the Places to Grow Implementation Fund Transfer Payment Agreement with the Government of Ontario, as represented by the Ontario Ministry of Infrastructure, in the form attached as Schedule "A" to this By-law. 2. This By-law shall come into force on fhe date of its enactment. By-law passed this day of , 2014. �� ,� �``. �� David Ryan, Mayor � � �;� ' ��.�� 3 �� ° 1 � �1 �� r'. G` Debbie Shields, City Clerk 135 Schedule "A99 to By-law X X/14 Places tv Grow Implernentation Fund Transfer Payment Agreement 136 THE AGREEMENT effective as of the day of , 20 , BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Municipal Affairs and Housing a�� (the "Province") - and - The Corporation of the City of Pickering (the "Recipient") BACKGROUND: The Recipient is preparing engagement tools (including community roundtable d'iscussions, online engagement platform, social media content, and communications strategy) that will be used to seek community input that will inform the City of Pickering's work on intensification beyond its downtown. This input will inform a future planning study and intensification vision by the municipality. The Province funds projects similar to the Project. The Recipient has applied to the Province for funds to assist the Recipient to. carry out the Project and the Province wishes to provide such funds. CONSIDERATION: In consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Parties agree as follows: ARTICLE 1 INTERPRETATION AND DEFINITIONS 1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; 137 -2- (c) the background and the headings do not form part of the � Agreement; they are for reference only and shall not affect the � ,� � " interpretation of the Agreement; r,�,�� x� �'� (d) any reference to dollars or currency shall be to Canadian dollars and currency; and (e) "include", "includes" and "including" denote that the subsequent list is not exhaustive.. 1.2 Definitions. In the Agreement, the following terms shall have the following meanings: "Agreement" means this agreement entered into between the Province and the Recipient and includes all of the schedules listed in section 31.1 and any amending agreement entered into pursuant to section 34.2. "Budget" means the budget attached to the Agreement as Schedule "B". "Business Day" means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year's Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. "Effective Date" means the date set out at the top of the Agreement. "Event of Default" has the meaning ascribed to it in section 14.1. "Funding Year" means: (a) in the case of the first Funding Year, the period commencing on the E.ffective Date and ending on the following March 31; and (b) in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31. "Funds" means the money the Province provides to the Recipient pursuant to the Agreement. . "Indemnified Par#ies" means Her Nlajesty the Queen in right of Ontario, Her ministers, agents, appointees and employees. "IVlaximum Funds" means $20,000. 138 -3- " otice" means any communication given or required to be given �� '�� ursuant to the Agreement. � � �` �� .� �,�� "Notice Period" means the period of time within which the Recipient is "'� required to remedy an Event of Defau_It, and includes any such period or periods of time by which ttie Province considers it reasonable to extend that time. "Parties" means the Province and the Recipient. "Party" means either the Province or the Recipient. "Project" means the undertaking described in Schedule "A". "Reports" means the reports described in Schedule "D". "Timelines" means the Project schedule set out in Schedule "A". ARTICLE 2 REPRESENTATIONS, WARRANTIES AND COVENANTS. 2.1 General. The Recipient represents, warrants and covenants that: (a) it is, and shall continue to be for the term of the Agreement, a validly existing legal entity with full power to fulfill its obligations under the Agreement; (b) it has, and shall continue to have for the term of the Agreement, the experience and expertise necessary to carry out the Project; (c) it's representative has full authority to bind it; (d) Z it is in compliance with all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules and by-laws related to any aspect of the Project, the Funds or both; (e) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and shall continue to be true and complete for the term of the Agreement. 139 C� 2.3 Governance. The Recipient represents, warrants and covenants that it has, and shall maintain, in writing for the period during which the Agreement is in effect: K� .� � ��.�n �� (a) procedures to enable the Recipient to manage the Funds prudently `�� and effectively; (b) procedures to enable the Recipient to complete the Project successfully; (c) procedures to enable the Recipient, in a timely manner, to identify risks to the completion of the Project, and strategies to address the identified risks; (d) procedures to enable the preparation and delivery of all Reports required pursuant to Article 7; and (e ) procedures to enable the Recipient to deal with such other matters as the Recipient considers necessary to ensure that the Recipient carries out its obligations under the Agreement. 2.2 Supporting Documentation. Upon request, the Recipient shall provide the Province with proof of the r�atters referred to in this Article 2. ARTICLE 3 TERM OF THE AGREEMENT 3.1 Term. The term of the Agreement shall commence on the Effective Date and shall expire on March 31, 2015 unless terminated earlier pursuant to Article 12, Article 13 or Article 14. ARTICLE 4 FUNDS AND CARRYING OUT THE F'ROJECT 4.1 Funds F'rovided. The Province shall: (a) provide the Recipient up to the Maximum Funds for the purpose of carrying out the Project; (b) provide the Funds to the Recipient in accordance with the payment plan attached to the Agreement as Schedule "C"; and (c) deposit the Funds into an account designated by fhe Recipient provided that the account: (i) resides at a Canadian financial institution; and 140 -5— ,�� ,a , ��- �� (ii) is in the name of the Recipient �.�� .f� 4.2 Limitation on Payment of Funds. Despite section 4.1: (a) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the insurance certificate or other proof as the Province may request pursuant to section 11.2; (b) the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the Project; (c) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province's assessment of the information provided by the Recipient pursuant to section 7.1; (d) if, pursuant to the Financial Administration Act (Ontario), the Province does not receive the necessary appropriation from the Ontario Legislature for payment under the Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may: (i) reduce the amount of the Funds and, in consultation with the Recipient, change the Project; or (ii) terminate the Agreement pursuant to section 13.1; and (iii) the Province is not obligated to provide Funds to the Recipient until the Recipient provides to the Province a copy of the by-law authorizing the Agreement and naming municipal signing officers. 4.3 Use of Funds and Project. The Recipient shall: (a) carry out the Project: (i) in accordance with the terms and conditions of the Agreement; and (ii) in accordance with all federal and provincial laws and � regulations, all municipal by-laws, and any other orders, rules and by-laws related to any aspect of the Project. (b) use the Funds only for the purpose of carrying out the Project; and 141 �; (' ��' ��` . � t' � r��r��t`'� '� � � �C` �✓ � � � spend the Funds only in accordance with the Budget. 4.4 No Changes. The Recipient shall not make any changes to the Project, the Timelines, or the Budget without the prior written consent of the Province. 4.5 Interest Bearing Account. If the Province provides Funds to the Recipient prior to the Recipient's immediate need for the Funds, the Recipient shall place the Funds in a separate interest bearing account in the name of the Recipient at a Canadian financial institution. 4.6 Interest. If the Recipient earns any interest on the Funds, the Province may: (a) deduct an amount equal to the interest from any further instalments of Funds; or (b) demand from the Recipient the repayment of an amount equal to the interest. 4.7 Maximum Funds. The Recipient acknowledges that the Funds available to it pursuant to the Agreement shall not exceed the Maximum Funds. 4.8 Rebates, Credits and Refunds. The Recipient acknowledges that the amount of Funds available to it pursuant to the Agreement is based on the actual costs to the Recipient, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit or refund. ARTICLE 5 ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS 5.1 6.1 6.2 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it shall do so through a process that promotes the best value for money. ° ARTICL.E 6 CONFLICT OF INTEREST No Conflict of Interest. The Recipient shall carry out the Project and use the Funds without an actual, potential or perceived conflict of interest. Conflict of Interest Includes. For the purposes of this Article, a conflict of interest includes any circumstances where: 142 � � ��(a -� �� (b) any person who has the capacity to influence the Recipient's decisions, has outside commitments, relationships or financial interests that could, or could be seen to, interFere with the Recipient's objective, unbiased and impartial judgment relating to the Project, the use of the Funds, or both. the Recipient; or -7- 6.3 7.1 7.2 143 Disclosure to Province. The Recipient shall: (a) disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential or perceived conflict of interest; and (b) comply with any terms and conditions that the Province may prescribe as a result of the disclosure. ARTICLE 7 REPORTING, ACCOUNTING AND REVIEW Preparation and Submi��ion. The Recipient shall: (a) submit to the Province at the address provided in section 18.1, all Reports in accordance with the timelines and content requirements set out in Schedule "D", or in a form as specified by the Province from time to time; (b) submit to the Province at the address provided in section 18.1, any other reports as may be requested by the Province in accordance with the timelines and content requirements specified by the Province; (c) (d) ensure that all Reports and other reports are completed to the satisfaction of the Province; and ensure that all Reports and other reports are signed on behalf of the Recipient by an authorized signing officer. . Record Maintenance. The Recipient shall keep and maintain: (a) all financial records (including invoices) relating to the Funds or otherwise to the Project in a manner consistent with generally accepted accounting principles; and (b) all non-financial documents and records relating to the Funds or otherwise to the Project. -8- �� ,7f�� .� I�ispection. The Province, its authorized representatives or an -�� , � ��=��= i�ndependent auditor identified by the Province may, at its own expense, upon twenty-four hours Notice to the Recipient and during normal business hours, enter upon the Recipient's premises to review the progress of the Project and the Recipient's allocation and expenditure of the Funds and, for these purposes, the Province, its authorized representatives or an independent auditor identified by the Province may take one or more of the following actions: (a) inspect and copy the records and documents referred to in section 7.2; (b) remove any copies made pursuant to section 7.3(a) from the Recipient's premises; and (c) conduct an audit or investigation of the Recipient in respect of the expenditure of the Funds, the Project, or both. 7.4 Disclosure. To assist in respect of the rights set out in section 7.3, the Recipient shall disclose any information requested by the Province, its authorized representatives or an independent auditor identified by the Province, and shall do so in the form requested by the Province, its authorized representatives or an independent auditor identified by the Province, as the case may be. 7.5 No Control of Records. No provision ot the Agreement shall be construed so as to give the Province any control whatsoever over the Recipient's records. 7.6 Auditor General. For greater certainty, the Province's rights under this Article are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the Auditor Genera/ Act (Ontario). ARTICLE 8 COMMUNICATIONS REQUIREMENTS 8.1 Acknowledge Support. Unless otherwise directed by the Province, the Recipient shall acknowledge the support of the Province in a form and manner as directed by the Province. 8.2 Publication. The Recipient shall indicate, in any of its publications, of any kind, including written, oral, or visual, relating to the Project, that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. 144 :r �� f � f _�_ r,, � �� ARTICLE 9 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY 9.1 FIPPA. The Recipient acknowledges that the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance wifih that Act. 9.2 MFIPPA. The Province acknowledges that the Recipient is bound by the Municipal Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Recipient in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. ARTICLE 10 INDEMNITY 10.1 Indemnification. The Recipient hereby agrees to indemnify and hold harmless the Indemnified Parties from and against any and all liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, by whomever made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with the Agreement, unless solely caused by the negligence or wilful misconduct of the Province. ARTICLE 11 INSURANCE 11.1 Recipient's Insurance. The Recipient represents and warrants that it has, and shall maintain for the term of the Agreement, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not less than two million dollars ($2,000,000) per occurrence: The policy shall include the following: (a) the Indemnified Parties as additional insureds with respect to liability arising in the course of perFormance of the Recipient's , obligations under, or otherwise in connection with, the Agreement; (b) a cross-liability clause; (c) contractual liability coverage; and 145 s''�'� � �� , �� $ � t�� ..�� =� �,�� (d) y� _ -10- a 30 day written notice of canceilation, termination or material change. 11.2 Proof of Insurance. The Recipient shall provide the Province with certificates of insurance, or other proof as may be requested by the Province, that confirms the insurance coverage as provided for in section 11.1. Upon the request of the Province, the Recipient shall make available to the Province a copy of each insurance policy. ARTICLE 12 TERMINATION ON NOTICE 12.1 Termination on Notice. The Province may terminate the Agreement at any time upon giving at least 30 days Notice to the Recipient. 12.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section 12.1, the Province may take one or more of the following actions: (a} (b) cancel all further instalments of Funds; demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and (c} determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: (i) permit the Recipient to offset the costs determined pursuant to section 12.2(c), against the amount owing pursuant to section 12.2(b); and (ii) subject to section 4.7, provide Funds to the Recipient to cover the costs determined pursuant to section 12.2(c). ARTICLE 13 TERMIRIATION WHERE NO APPROPRIATION 13.1 Termination Where No Appropriation. If9 as provided for in section 4.2(d), the Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to the Agreement, the Province may terminate the Agreement immediately by giving Notice to the Recipient. 13.2 Consequences �f Termination Where No Appropriation. If the Province terminates the Agreement pursuant to section 13.1, the Province may take one or more of the following actions: 146 � � � -11- � �„�� ,: �� `�� (a) cancel all further instalments of Funds; (b) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the Project and permit the Recipient to offset such costs against the amount owing pursuant to section 13.2(b). 13.3 No Additional Funds. For purposes of clarity, if the costs determined pursuant to section 13.2(c) exceed the Funds remaining in the possession or under the control of the Recipient, the Province shall not provide additional Funds to the Recipient. ARTICLE 14 EVENT OF DEFAULT, CORRECTIVE ACTION AND TERMIfVATION FOR DEFAULT 14.1 Events of Default. It shall be an Event of Default ifin the opinion of the Province, the Recipient breaches any representation, warranty, covenant or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the Project; (ii) use or spend Funds; and/or (iii) provide, in accordance with section 7.1, Reports or such other reports as may have been requested pursuant to section 7.1(b). 14.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b) provide the Recipient with an opportunity to remedy the Event of Default; (c) suspend the payment of Funds for such period as the Province determines appropriate; (d) reduce the amount of the Funds; 147 �� ,. � f � � �� -12- �� ,�� (e) cancel all further instalments of Funds; (fl demand the repayment of any Funds remaining in the possession or under the control of the Recipient; (g) demand the repayment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand the repayment of an amount equal to any Funds the Province provided to the Recipient; and (i) terminate the Agreement at any time, including immediately, upon giving Notice to the Recipient. 14.3 Opportunity to Remedy. If, in accordance with section 14.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province shall provide Notice to the Recipient of: . (a) the particulars of the Event of Default; and (b) the Notice Period. 14.4 Recipient not Remedying. If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to section 14.2(b), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections 14.2(a), (c), (d); (e), (fl, (g), (h) and (i). 14.5 1lVhen Termination Effective. Termination under this Article shall take effect as set out in the Notice. ARTICLE 15 FUNDS AT THE END OF A FUNDING YEAR 15.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article 14, if the Recipient has not spent all of the Funds 148 � <'r� � ,�� F�y � �.�� -13- �� allocated for the Fundin Year as rovided for in the Bud et the Province � 9 p 9 , may take one or both of the following actions: (a) demand the return of the unspent Funds; and (b) adjust the amount of any further instalments of Funds accordingly. ARTICLE 16 FUNDS UPON EXPIRY 16.1 Funds Upon Expiry. The Recipient shall, upon expiry of the Agreement, return to the Province any Funds remaining in its possession or under its control. ARTICLE 17 REPAYMENT 17.1 Repayment of Overpayment. If at any time during the term of the Agreement the Province provides Funds in excess of the funds to which the Recipient is entitled under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds from any further instalments of Funds; or (b) demand that the Recipient pay an arreount equal to the excess Funds to the Province. 17.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands fihe payment of any Funds or an amount equal to any Funds from the Recipient; or (b) the Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not their return or repayment has been demanded by the Province, such Funds or other amount shall be deemed to be a debt due and owing to the Province by the Recipient, and the Recipient shall pay or return the amount to the Province immediately, unless the Province directs otherwise. 17.3 Interest Rate. The Province may charge the Recipient interest on any money owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. 17.4 Payment of Money to Province. The Recipient shall pay any money 149 � '�� ' t -14- �, g ��,�;'�`� �� owing to the Province by cheque payable to the "Ontario Minister of � „ d liv r th Province at the address rovide in Finance and e e ed to e p d section 18.1. " 17.5 Failure to Repay. If the Recipient fails to replay any amount owing under the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in right of Ontario. ARTICLE 18 NOTICE 18.1 iVofiice in Writing and Addressed. Notice shall be in writing and shall be delivered by email, postage-prepaid mail, personal delivery. or fax, and shall be addressed to the Province and the Recipient respectively as set out below, or as either Party later designates to the other by Notice: To the Provinc�: To the Recipient: Ministry of Municipal Affairs and City of Pickering Housing 1 The Esplanade Ontario Growth Secretariat Pickering, ON L1V 6K7 777 .Bay Street 4th Floor, Suite 425 Toronto, ON M5G 2E5 Attention: Richard Stromberg, Attention: Deborah Wylie, Manager (A), Partnerships & Principal Planner — Policy Consultation EmaiL Email: Richard.Stromberg@ontario.ca deborahwylie@pickering.ca 18.2 Notice Given. Notice shall be deemed to have been received: (a) in the case of postage-prepaid mail, seven days after a Party mails the Notice; or (b) in the case of email, personal delivery or fax, at the time the other Party receives the Notice. 18.3 Postal Disruption. Despite section 18.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail shall not be deemed to be received; and 150 � � � �� . . . -15- . . . � � �- �' (b the Party giving Notice shall provide Notice by email, personal delivery or by fax. 18.4 Despite Section 18.2. Despite section 18.2, if either Party receives a Notice on a non-Business Day, or after 5 p.m. on a Business Day, the Notice shall be deemed to have been received on the next Business Day. ARTICLE 19 CO�NSENT BY PROVINCE AND COMPLICANCE BY RECIPIENT 19.1 Consent. When the Province provides its consent pursuant to the Agreement, it may impose any terms and conditions on such consent and the Recipient shall comply with such terms and conditions. ARTICLE 20 SEVERABILITY OF PROVISIONS 20.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreemenfi shall not affect the validity or enforceability of any other provision of the Agreement. Any invalid or unenforceable provision shall be deemed to be severed. ARTICLE 21 WAIVER 21.1 Waivers in Writing. !f a Party fails to comply with any term of the Agreement, that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the Notice provisions in Article 18. Any waiver must refer to a specific failure to comply and shall not have the effect of waiving any subsequent failures to comply. ARTICLE 22 INDEPENDENT PARTIES 22.1 Parties Independent. The Recipient acknowledges that it is not an agent, joint venturer, partner or employee of the Province, and the Recipient shall not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any actions that could establish or imply such a relationship. ARTICLE 23 ASSIGNMENT OF AGREEMENT OR FUNDS 23.1 No Assignment. The Recipient shall not, without the prior written consent of the Province, assign any of its rights, or obligations under the 151 � �� " � �� t�� -16- �, ��4��'� � �- � ` Agreement. 23.2 Agreement Binding. All rights and obligations contained in the Agreement shall extend to and be binding on the Parties' respective heirs, executors, administrators, successors and permitted assigns. ARTICLE 24 GOVERNING LAW 24.1 Governing Law. The Agreement and the rights, obligations and relations of the Parties shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement shall be conducted in the courts of Ontario, which �hall have exclusive jurisdiction pver such proceedings. ARTICLE 25 FURTHER ASSURANCES 25.1 Agreement into Effect. The Recipient shall provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains, and shall otherwise do or cause to be done all acts or things necessary to implement and .carry into effect the terms and conditions of the Agreement to their full extent. ARTICLE 26 JOIRIT AND SEVERAL LIABILITY 26.1 Joint and Several Liability. Where the Recipient is comprised of more than one entity, all such entities shall be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. ARTICLE 27 RIGHTS AND FtEMEDIES CUMULATIVE 27.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in eq u ity. ARTICLE 28 ACKNOWLEDGEMENT OF OTFiER LEGISLATION 28.1 Recipient Acknowledges. The Recipient acknowledges that by receiving Funds it may become subject to legislation applicable to organizations that 152 �- �,� -17- � ��'��e ive funding from the Government of Ontario, including the BPSAA, the , �� .=� rubl►c Sector Sa/ary D►sclosure �4ct, 19�6 (Ontario), and the �4ud►tor General Act (Ontario). � ARTICLE 29 FAILURE TO COMPLY WITH OTHER AGREEMENTS 29.1 Other Agreements. If the Recipient: (a) has failed to comply (a "Failure") with any term, condition or obligation under any other agreement with Her Majesty the Queen in right of Ontario or a Crown agency; (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c.) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. ARTICLE 30 SCHEDULES 30.1 Schedules. The Agreement includes the following schedules: (a) Schedule "A" - Project Description and Timelines; (b) Schedule "B" - Budget; (c) Schedule "C" - Payment; and (d) Schedule "D" - Reports. ARTICLE 31 SURVIVAL 31.1 Survival. The following Articles and sections, and all applicable cross- referenced sections and schedules, shall continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1 and any other applicable definitions, section 4.2(d), 4.6, section 5.2, section 7.1 (to the e�ent that the Recipient has not provided the Reports to the satisfaction of the Province), sections 7.2, 7.3, 153 �� , �� >� � � �� -?� r� �' � ��: �,ti �, �� -18- `� '� �� 7.4, 7.5, 7.6, Article 8, Article 10, section 12:2, sections 13.2 and 13.3, ,� sections 14.1, 14.2(d), (e), (�, (g) and (h), Article 16, Article 17, Article 18, Article 20, section 23.2, Article 24, Article 26, Article 27, Article 28, Article 29, Article 30, Article 31, and Article 33. ARTICLE 32 COUNTERPARTS 32.1 Counterparts. The Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which togefher shall constitute one and the same instrument. ARTICLE 33 ENTIRE AGREEMENT 33.1 Entire Agreement. The Agreement constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. 33.2 IVlodification of Agreement. The Agreement may only be amended by a written agreement duly executed by the Parties. The Parties have executed the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Nlinister of Nlunicipal Affairs.and Hou�ing Name:n/lichelle Noble Date Titie: Director, Partnerships & Consultation THE CORPORATION OF THE CITY OF PICFCERING Name: Date Title: Name: Date Title: I/We have authority to bind the Recipient. 154 i `� �� a �"" � � -�� ° � �� SCHEDULE "A" �� ' PROJECT DESCRIPTION AND TIMELINES Background The Recipient is undertaking the Project as the initial part of a larger initiative to plan for intensification outside of the City of Pickering's downtown, which is a designated Urban Growth Centre in the Growth Plan for the Greater Golden Horseshoe. The input from this Project will inform a future municipal planning study and intensification vision by the municipality, and the development of intensification Official Plan policies. Project Objective The purpose of the Project is to develop engagement tools (including community roundtable discussions, online engagement platform, social media content, and communications strategy) that will be used to seek community input that will inform the City of Pickering's future work on intensification beyond its downtown. Scope of Project Prior to the development of online engagement tools, the Recipient intends to retain a community engagement specialist to assist City staff in the development and facilitation of community roundtable discussions. The community roundtable discussions are intended to determine the community's requirements on how it would like to be engaged and on what issues. The community engagement specialist will also assist City staff in the selection of an online community engagement platform. The Recipient intends to develop and activate an online community engagement platform. It is intended that the online community engagement platForm be integrated with various social media tools. The following are funded activities of the Project: Phase I: Initiate the Communi� Conversation • Develop the plan for the community roundtable discussions • Train City staff in facilitating the community roundtable discussions � • Integrate the roundtable discussion process with social media tools • Hold the community roundtable discussions • Analyze and report on what was heard • Develop social media profile and content, and a communications strategy 155 k��, ; esa�` b3 c(' j�� a ��kss' �� G ' S t� -ZO- �� Phase II: Develop the Online Community Enqaqement Platform • Research and select ontine community engagement platform • Develop and activate the online community engagement platform • Integrate the online platform with social media tools o Analyze and report on what was heard • Implement communications strategy • Activate online social media profile and visual preference survey City staff will report to Council on what was heard at the community roundtable discussions and through the online platform. Reporting to the community will be through meetings with the roundtable discussion participants and through information posted on the online platform. The Recipient shall also provide the Reports set out in Schedule "D" for approval by the Province. The Recipient will provide to the Province a copy of all developed content prior to its publication but only for informational purposes. Timelines All elements funded under this Agreement shall be completed prior to March 31, 2015. 156 � �� r &� � SCHEDULE "�" BUDGET The Maximum Funds that may be contributed towards the Project under this agreement is $20,000 which is based on the Recipient completing the phases outlined in Schedule "A". The Recipient will only receive funds for those phases that the Recipient has completed. Bud et Item Cost Community engagement specialist $5,000 (Approximately $500 per diem for 10 days) Online engagement product $15,000 (Approximately $15,000 including contingency) � Project Total $20,000 157 .�>; � � �� :��` � "� z ..; � 7 � � y� �Y �a � g . �m�, � + k� l> SCFiEDULE "C" PAYMENT PAYI�IENT DATE OR I�IILESTONE AI�IOUNT Within one week of the Province's $10,000 written approval of the midterm report as further outlined in Schedule "D". INithin one week of the Province's $10,000 written approval of the final report as further outlined in Schedule "D". 158 � � �� r�a �4' � �� " � SCHEDl1LE "D" � � REPORTS Idame of Report Due Date : : 1. Mid-term report February 1, 2015 2. Final report March 20, 2015 Report Details Mid-term Report — A report submitted in an electronic format on the Project to date that summarizes progress and results achieved on the following: Phase 1: Development of the community engagement strategy including community roundtable discussions and selection of an online community engagement platform; Accounting summary that clearly indicates how the Funds were spent for each of the phases in the Project Scope; Ne� steps. The report should be accompanied by, for informational purposes only, an appendix with copies of any materials related to the project (e.g., community engagement plan, consultant's analysis of what was heard at the roundtable discussions, strategy for online engagement platform). Final Report — A report subrnitted in an electronic format that summarizes progress a�nd results achieved on the following: • Phase 1: Community Engagement Strategy as identified in Schedule "A"; • Phase II: Online Community Engagement Platform Development,' as identified in Schedule "A"; • Accounting summary that clearly indicates how the Funds were spent for each of the phases in the Project Scope. The report should be accompanied by, for informational purposes only, an appendix with copies of the community engagement strategy, analysis reports, online engagement platform screens, communications materials, and any other supplementary materials (e.g., Tweets, newspaper advertising, media releases, e-newsletters, samples of input received). � 159 .. .,�. ' - �„�;��u�,�1 �� _-• � - �_�.;� �.�,� From: Richard Hoiborn Director, Engineering & Public Works '' _ • • • • 12eport Number: ENG 23-14 Date: December 15, 2014 Subject: Frenchman's Bay Harbour Entrance Reconstruction - Infrastructure Funding Contribution Agreement - Project Extension - File: A-1440 � Recommendation: That Report ENG 23-14 of the Director, Engineering & Public Works regarding the Frenchman's Bay Harbour Entrance Reconstruction Infrastructure Funding Contribution Agreement be received; 2. That the Council of the City of Pickering agrees to amend the Financial Assistance date of the Infrastructure Funding Contribution Agreement between the Province of Ontario and the City of Pickering, from December 31, 2014 to June 30, 2015; and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Executive Summary: The Frenchman's Bay Harbour Entrance reconstruction project will be substantially complete by the end of 2014, however, there are a number of items that need to be completed in the spring of 2015. The Infrastructure Funding Contribution Agreement between the Province of Ontario and the City of Pickering currently expires on December 31, 2014. In order to have the costs of the 2015 works be partially covered by the grant, the financial assistance date of the Infrastructure Funding Contribution Agreement needs to be extended to June 30, 2015. Financial Implications: There are no financial implications to amending the end of financial assistance date of fhe Infrastructure Funding Contribution Agreement. The project will be completed within budget and no additional funds will be required. Qiscussion: On November 5, 2012, the City of Pickering Council passed Resolution #134/12 approving the reconstruction of the Frenchman's Bay Harbour Entrance, including executing a Memorandum of Understanding with the Toronto Region Conservation Authority for project management and construction services and 160 Report ENG 23-14 December 15, 2014 Subject: Frenchman's Bay Harbour Entrance Infrastructure Funding Contribution Agreement Project Extension Page 2 authorizing the Mayor and City Clerk to execute an Infrastructure Funding Contribution Agreement between the Province of Ontario and the City of Pickering, valued at a total of $6 million of this $9 million project (see Attachment 1). Construction has been ongoing for approximately 2 years and the project will be substantially complete and open to the public by the end of 2014, There are a number of outstanding works that will need to be completed during the spring and early summer of 2015. This includes: • Department of Fisheries and Oceans (DFO) Monitoring and Final 2015 Compliance Report required as part of the DFO approval process • Tree and Shrub Plantings in the site restoration area on the west spit • Invasive plant species management on the east spit • Aquatic plantings as part of the fish habitat compensation area on the east spit • Project funding recognition plaques • Cultural Heritage interpretive signage As the Infrastructure Funding Contribution Agreement included an End of Financial Assistance Date of December 31, 2014, staff are seeking approval to extend the date to June 30, 2015, so that the grant funds will be available to cover two-thirds of the costs of the remaining items to be completed in 2015. The Ministry of Agriculture, Food and Rural Affairs, who are administering this funding agreement, have agreed to the extension in principal and are working on officially formalizing this extension, but require City Council to pass a resolution to this effect. Attachments: Resolution #134/12, dated November 9, 2012 Prepared By: j Arnold Mostert, OALA Senior Coordinator, Landscape & Parks Development CORP0227-07/01 revised 161 Approved/Endorsed By: � � Rich�rd Holb n, P. Eng. D�ector, Engineering & Public Works Report ENG 23-14 Subject: Frenchman's Bay Harbour Entrance Infrastructure Funding Contribution Agreement Project Extension Recommended for the consideration of Pickering City Council �� = " ' �. Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised December 15, 2014 Page 3 162 _,.y �� 4� F 4�� :�.._ ��;;��;=��.�.a 3-,� Legal and Legislative�rvices Cierk's Office Directive Memorandum November 9, 2012 To: Everett Buntsma Director, Community Services From: Debbie Shields City Clerk Subject: Direction as per Minutes of the Special Meeting of City Council held on November 5 15, 2012 Director, Community Services, Report CS 38-12 Frenchman's Bay Harbour Entrance Reconstruction Council Decision Resolution #134 /12 That Report CS 38-12 of the Director, Community Services, regarding the Frenchman's Bay Harbour Entrance Reconstruction be received; 2. That Council approve engaging the services of TRCA as a sole source purchase for project management and. construction services for reconstruction of the Frenchman's Bay Harbour Entrance in accordance with the City's Purchasing Policy Item 09.04; 3. That Council authorize the Mayor and City Clerk to execute a Memorandum of Understanding with the TRCA for the project management and construction services for reconstruction of the Frenchman's Bay Harbour Entrance, or� such terms as are satisfactory to the Director, Community Services and the Director, Corporate Services & City Solicitor; 4. That Council authorize the (Acting) Division Head, Finance & Treasurer to finance Phase 1(west breakwater) and Phase 2(east breakwater) of the project as provided for in the 2012 Parks Capital Budget as follows: a) a contribution from the Region of York, South East Collector Enhancement funds in the amount of $1,500,000 b) the City of Pickering's share be changed from an external debt to an internal loan in the amount of $1,500,000 for a term not to exceed 10 years; and at a rate to be determined; � c) a Provincial Grant through Building Together, the Government of Ontario's long-term infrastructure plan, in the amount of $3,000,000; 163 Subject: Report CS 38-12 , F €.. ,� << � ��,� �� a 3-�� - � - _ s �� . .. � ��r - - � a.. _�,� .�__?J Page 2 Nov. 9/12 5. That Council authorize the Mayor and City Clerk to execute an Infrastructure Funding Contribution Agreement with the Province of Ontario on such terms as are satisfactory #o the Director, Community Services and the Director, Corporate Services & City Solicitor; and 6. That, upon having notification from the Government of Canada that it has approved its funding contribution, the Mayor and City Clerk be authorized to execute an amendment to the Infrastructure Funding Contribution Agreement to reflect the Federal funding contribution of $3 million and proceed with phase 3. 7. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Please take any action deemed necessary. � • �., Debbie Shields /Ir Copy: Chief Administrative Officer Director, Corporate Services & City Solicitor (Acting) Division Head, Finance & Treasurer 164 „ _ ,,,,. . -��-`.-, = r,.�,;� uj'� _^� a: , :� 1 �� y� :. �,.aml`��"'�� From: Marisa Carpino Director, Culture & Recreation Report to Council Report Number: CR 13-14 Date: December 15, 2014 Subject: Supply & Installation of Indoor Tennis Lighting, Pickering Recreation Complex - Tender No. T-25-2014 - File: A-1400 Recommendation: That Report CR 13-14 of the Director, Culture & Recreation regarding the Supply & Installation of Indoor Tennis Lighting at the Pickering Recreation Complex be received; 2. That Tender No. T-25-2014 submitted by MJK Construction Inc. in the amount of $104,615.40 (HST included) be accepted; 3. That the total.gross project cost of $149,815.00 (HST included), including other associated costs, and a net project cost of $134,913.00 (net of HST rebate) be approved; 4. That Council authorize the Division Head, Finance & Treasurer to finance the project as approved in the 2012 Recreation Centre — Core Capital Budget in the amount of $100,000.00, to be increased to $134,913.00 from the Federal Gas Tax Reserve Fund; and 5. Further, that the appropriate City of Pickering officials be authorized to take necessary action to give effect hereto. Executive Summary: The indoor tennis courts at the Pickering Recreation Complex were constructed in 1982. The existing light fixtures are aging, inefficient and produce significant ambient noise. Tender No. T-25-2014 will replace the existing fixtures with upturned LED lighting thereby improving light quality, energy efficiency and reducing the ambient noise level in the tennis court area. The existing mounting track will be re-used, but new wiring and mounting brackets will be installed as part of the project. This project will generate approximately $28,500.00 in cost savings per year and is eligible for incentive rebates worth approximately $16,000.00. 165 Report CR 13-14 Subject: Supply & Instailation of Indoor Tennis Lighting Pickering Recreation Complex December 15, 2014 Page 2 Bids have been received and acceptance of the low bid submitted by MJK Construction Inc. in the amount of $104,615.40 (HST included), and a total net project cost of $134,913.00 (net of HST rebate) is recommended. Financial Implications: 1. Tender No. T-25-2014 Supply & Installation of Indoor Tennis Lighting Pickering Recreation Complex HST (13%) Total Gross RFP Cost 2. Estimated Proiect Costinq Su Tender No. T-25-2014 Supply & Installation of Indoor Tennis Lighting Pickering Recreation Complex Miscellaneous Costs Consulting Cost Project Contingency Total Cost HST (13%) Total Gross Project Costs HST Rebate (11.24%) Total Net Project Costs CORP0227-07/01 revised $92,580.00 $12,035.40 ! $104,615.40 $92,580.00 $10,000.00 $20,000.00 $10.000.00 $132, 580. 00 $17,235.00 $149,815.00 (14;902.00� $134,913.00 166 Report CR 13-14 Subject: Supply & Installation of Indoor Tennis Lighting Pickering Recreation Complex 3. Approved Source of Funds Pickering Recreation Complex Approved Code 5731.1205.6181 Additional Funding Required Source of Funds Federal Gas Tax Reserve Fund Federal Gas Tax Reserve Fund Total Funds December 15, 2014 Budget $100,000.00 , �� Page 3 Required $100,000.00 $34,913.00 $134,913.00 Project Cost under (over) approved funds by ($34,913.00) Project expenditures exceed the original budget as the need to replace the existing wiring was unforeseen and required additional electrical investigative work. In accordance with Section 11 of the City's Financial Control Policy, the Chief Administrative Officer, Department Head and Treasurer may jointly approve changes to authorized expenditure amounts provided that the total amount of the over expenditure does not exceed the lesser of 10% of the approved capital expenditure or $100,000.00. Council approval is required for the supply and installation of Indoor Tennis Lighting, Pickering Recreation Complex as the over expenditure exceeds 10%. The over-expenditures from the supply and installation of indoor tennis lighting at the Pickering Recreation Complex will be funded from the same source which is the Federal Gas Tax Reserve Fund. The Treasurer has the authority to transfer from reserves and reserve funds under expenditures from previous projects that were under budget to offset over-expenditures. Discussion: The indoor tennis courts at the Pickering Recreation Complex were constructed in 1982 as part of the initial construction phase of the facility. The existing light fixtures are aging, inefficient, produce significant ambient noise, and have been identified by user groups as a deterrent to their use and enjoyment of the space. As such, the supply and installation of Indoor Tennis Lighting at the Pickering Recreation Compfex was approved in the 2012 Capital Budget in the amount of $100,000.00. Preliminary energy studies and fixture testing were performed in 2012 and 2013. Several models of light fixtures supplied by different manufacturers and the light quality, performance and construction feasibility were evaluated. Two preferred fixtures were deemed acceptable and as such were included in Tender No. T-25-2014. CORP0227-07/01 revised 167 Report CR 13-14 December 15, 2014 Subject: Supply & Installation of Indoor Tennis Lighting Pickering Recreation Complex Page 4 The preliminary tests also identified that the existing wiring has reached the end of its usable life and must be replaced within this project scope of work. At the completion of this project, the new lighting system in the tennis courts will be upturned to provide even light distribution and mounted to a suspended rail system that runs along the periphery of each of the four tennis courts. Energy efficiency incentives and rebates are available for this project and anticipated to be in the order of $16,000.00 but cannot be applied for until the project is complete. Estimated payback for this project is approximately 4.6 years based and represents roughly $28,500.00 in annual energy savings. The City of Pickering retained the services of MJS Consultants to evaluate a variety of lighting fixtures from different manufacturers. Then, based on testing results, to prepare drawings and specifications which formed the technical basis for the scope of work included in Tender No. T-25-2014. The tendering document was posted on the City's website. An advertisement was placed in the Daily Commercial News and on the City's website. A mandatory site visit was held on Wednesday, November 12, 2014 and 14 bidders attended of which three bidders responded by the closing date and time of November 19, 2014. The low bid was submitted by MJK Construction Inc. The Health and Safety Policy, Clearance Certificate issued by Workplace Safety and Insurance Board (WSIB), a current WSIB Workplace Injury Summary Report, copies of Ontario Ministry of Labour, Health & Safety Awareness Training certificates for every worker and supervisor who will be working on this project and the Master Electrician certificate as submitted by MJK Con�truction Inc. have been reviewed by the Coordinator, Health & Safety and are deemed acceptable. The certificate of insurance has been reviewed by the Manager, Budget & Internal Audit and is deemed acceptable. Although MJK Construction has not previously worked for the City, references as submitted have been checked and are satisfactory. In conjunction with staff's review of the contractor's previous work experience, check of references and bonding available on this project the tender is deemed acceptable. After careful examination of all tenders and relevant documents received, the Culture & Recreation Department recommends the acceptance of the low bid submitted by MJK Construction Inc. for Tender No. T-25-2014 in the amount of $104,615.40 (HST included) and that the total net project cost of $134,913.00 (net of HST rebate) be approved. Attachments: Supply & Services Memorandum dated November 24, 2014. CORP0227-07/01 revised .: Report CR 13-14 Subject: Supply & Installation of Indoor Tennis Lighting Pickering Recreation Complex Prepared By: Brian Duffield Manager, Facilities Operations � � Vera A. Felgemacher C.P.P., CPPO, CPPB, C.P.M.. CMM III Manager, Supply & Services � � ' Caryn Kong, CPA, CGA Senior Financial Analyst — Capital & Debt Management MC:Ig Recommended for the consideration of Pickering City Council i / °f�� Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised 169 December 15, 2014 Approved/Endorsed By: .--------. Marisa Carpino Director, Culture & Recreation Page 5 .��.� .�---_...�----4=' Stan Karwowski, MBA, CPA, CMA Division Head, Finance & Treasurer Paul Bigi i Director, orpor te Services & City Solicitor :�. lQ ?1J�� M�i��i��f�iv� �- �_ °i�i��R�# � � J- j L{ �Lf[t O�' _ �� _ � ( I f � ERI ^ G �s�� F{ECEIVED �� . r_ i � � .�. � i � __ ��EV -ro To: Marisa Carpino a�.,�ti�� Q,�;>y �� `�.,��,��-� v Director, Culture & Recreation . �� ,�� From Copy: Vera A. Felgemacher Manager, Supply & Services Manager, Facilities Operations Subject: Tender No. T-25-2014 Tender for Supply and Complex File: F-5400-001 CAO � �I.ERK CUL & REC , CORP S_RVICES PiiPE FiUM��(� RESGUFiCCS hiiPE OPS C"tP;TRE j LEGP.L FAC OPERATIONS OFFICE SUSTAfN - i. ber 24, 2014 � Installation of Indoor Tennis Lighting — Pickering Recreation Tenders have been received for the above project. An advertisement was placed in thre Daily Commercial News and on the City's website inviting companies to download-the tendering documents for the above mentioned tender. One addendum was issued. A mandatory site visit was held on Wednesday, November 12, 2014 and fourteen bidders attended of which three bidders responded and submitted a tender for this project. A copy of the Record of Tenders Opened and Checked used at the public tender opening is attached. Tenders shall be irrevocable for 60 days after the official closing date and time. Purchrasing Procedure No. PUR 010-001, Item 13.03 (r) provides checking tendered unit prices and extensions unit prices shall govern and extensions will be corrected accordingly, which has been done. Copies of the tenders are attached for your review along with thre summary of costs. Summary Harmonized Sales Tax Included � Bidder Total Tendered After Calculation � Amount Check MJK Construction Inc. $104,615.00 $104,615.40 CEC Services .Ltd. (Aurora) $115,147.00 $115,147.00 � Eyecon Contracting Ltd. $127,972.50 $127,972:50 Pursuant to Information to Bidders ftem 27, the following will be requested of the low bidder for your review during the evaluation stage of thris tender call. Please advise when you wish us to proceed with this task. (a) a copy of the currently signed and dafed Health and Safety Policy to be used on this project; (b) A copy of the current Workplace Injury Summary Report issued by Workplace Safety &(nsurance Board (in lieu of the Workplace lnjury Sumrriary Report ' document, a copy of�the current CAD 7, NEER, or MAP reports may be submitted); 170 (c) a copy of the current Certificate of Clearance issued by Workplace Safety & Insurance Board; (d) The City's certificate of insurance or approved alternative form shafl be completed by the bidder's agent, broker or insurer; � (e) Copies of Ontario Ministry of Labour, Health and Safety Awareness Training certificates for.every worker and supervisor who will be working on this project; (fl a copy of a valid Ontario Electrical Contractor Licence issued by the Electrical . Contractors Registration Agency of the Electrical Safety Association( ECRA/ESA) and copies of valid Licenses for afl Master Electricians who will be assigned to this project; (g) copies of valid certificates of qualifications issued by the Ontario Ministry of � Training, Colleges and Universities for all of the Company's Journeyman Electricians who will be assigned to this project; � (h) list of Sub-Contractors in accordance with General Conditions Item 28; and (i) Waste Management Plan to be used on this project in accordance with Tendering � Specifications Item 17. In accordance with Purchasing Policy Item 06.04, the authority for the dolfar limit as set out below excludes HST. In accordance with Purchasing Policy Item 06.12 where the compliant quotation or tender � meeting specifications and offering best value to the City is acceptable and tf�e estimated total purchase price is over $75,000 and up to $125,000, the Manager may approve the award, subject to approval of fhe Director, Treasurer and CAO. . � Please include the following items in your memorandum: 1. if Items (a) through (g) noted above are acceptable to the Co-ordinator, Health & Safety; 2. if the Certificate of Insurance is acceptable to the Manager, Budgets & lnternal Audit; 3. if the list of subcontractors is acceptable; . 4. � if the Waste Management Plan is acceptable; 5. any past work experience with #he low bidder MJK Construction Inc. including work � � location; 6. without past work experience, if reference information is acceptable; 7. the appropriate account number(s) to which this work is to be cha.rged; 8. the budget amount(s) assigned thereto; 9. Treasurer's confirmation of fund'ing; � 10. related departmental approvals; and . 11. related comments specific to the project. . An approved "on-line" requisition will be required to proceed. Please do not disclose any information to enquiries except you can direct them to the City's websifie for the unofficial bid results as read out at the public tender opening. Bidders will be a vised of the outcome in due course. � If ou require further information, please feel free to contact me or a member of Supply &. rvices. � � � VAF/jg � Attachments � November 24, 2014 17i'ender No. T-25-2014 Page 2 Supply and Installation of Indoor Tennis Lighting — Pickering Recreation Complex � City of Pickering Record of Tenders Opened and Checked Tender Descripti.on: Supply and Installation of Indoor Tennis Lighting Pickering Recreation Complex Tender No.: T-25-2014 � Date: Monday, November 24, 2014 Time: Approx. 2:15 pm Local Time Attended Addendum Agreemenfi Bid Tofial Tendered Bidder Sign Bidder Name Mandafiory No. 1 �o Comments Si�e Visit Acknowled ed Deposifi gond Amount In Ly�econ Contracting yeS ,� ,�',f Doo � $�� 9��•S p ��, MJK Construction � , J�� / �� ' �@ I nc. yes �, .��, CEC Services Ltd. yes ^-� �� $ ��.�/��', �� (Aurora) � � �. � , � i+:a.. c+i,_tt n..---.,.a. Other 0 The information is strictly preliminary, pending review and verification of conformance to terms, conditions and specifications. � J N, ,, . �.n. `'�IL�-- _ � „� =;iy�u�� ..� 1 = , .� , �ti,...�,�. . y : �--� �� ' � • � � � By-laws 7387/14 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. [Refer to Joint Planning & Development and Executive Committee pages 77 & 78] 7388/14 Being a by-law to amend Schedules "A" and "B" of By-law 7362/14 appointing Chief Building Official, Deputy Chief Building Official and Inspectors and fees payable respectively. [Refer to Joint Planning & Development and Executive Committee pages 55 to 61] 7389/14 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, being South Part of Lot 18, Plan 329, City of Pickering. (A 2/14) (By-law attached) 7390/14 Being a by-law to authorize the temporary borrowing of monies to meet the current and capital expenditures of the City of Pickering � for the year 2015. [Refer to Joint Planning & Development and Executive Committee pages 103 and 104] 7391/14 Being a by-law to designate certain lands as a municipal capital facility. [Refer to Joint Planning & Development and Executive Committee page 132] 7392/14 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 being Part of Lot 11 and Lots 12 & 13 Plan 175, Part 1, Plan 40R-11659, City of Pickering (A 9/14) (By-law attached) 7393/14 Being a by-law to amend By-law 6649/06, which licences, regulates ad governs body-rub parlours in the City of Pickering. (By-law attached) 7394/14 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, on Part of Lot 2, Registered Plan 388, Part of Lots 33 and 34, Concession 1, Part of Lot 32 and Part of the Road 173 Allowance between Lots 32 and 33, Concession 1, and Lots 5 and 6, Registered Plan 566, City of Pickering. (A 6/13) (By-law attached) 7395/14 Being a by-law to exempt Blocks 31 to 34, 45 and 46, Plan 40M-2479, from the part lot control provisions of the Planning Act. (By-law attached) 7396/14 Being a by-law to authorize the execution of the Ontario Community Infrastructure Fund — Formula-Based Funding Contribution Agreement. [Refer to New and Unfinished Business page 84] 7397/14 Being a by-law to provide for the establishment of a Reserve Fund to be known as the Ontario Community Infrastructure Fund (OCIF) — Formula-Based Component Reserve Fund [Refer to New and Unfinished Business page 127] 7398/14 Being a by-law to authorize the execution of the Places to Grow Implementation Fund Transfer Payment Agreement. [Refer to New and Unfinished Business pages 135-159] 7399/14 Being a by-law to amend Restricted Area Zoning By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham being South Part of Lot 2, Concession 5, Part 4, Plan 40R-20466, City of Pickering. (A 8/14) (By-law attached) 174 . , -- . ,�,�. . ,r'�' , u�=�� a � 1 s ��.� �� "'�'� . To From: Copy: Debbie Shields City Clerk Catherine Rose Chief Planner Manager, Development Review & Urban Design Subject: Amending By-law for Zoning By-law Amendment Application A 2/14 G. Gareri 1967 Woodview Avenue City of Pickering Amending By-law 7389/14 � • December 10, 2014 Statutory Public Meeting Date April 7, 2014 Planning & Development Committee Date December 8, 2014 Purpose and Effect of By-law To facilitate the creation of two lots for detached dwellings fronting onto Woodview Avenu.e and an open space block Council Meeting Date December 15, 2014 Note � This application was revised from 3 lots for . detached dwellings with minimum lot frontages of 12.0 metres to 2 lots with minimum lot frontages of � 18.0 metres ,�y �1`�- AY:Id J:�Documents�Development1D3300�2014W 02-14\Step 1\14 - Draft By-law ChaR Memo to Clerks.docz Attachments By-law Text By-law Schedule 175 - The Corporation of the:.City of Pickering - � _ , _ , . . . . _. , - � , .. .,: _ : , �y-1aw �lo; 7389/14 . - Bei�g. a'by Iawto amend,Restricted Area (Zon�ng) By law 3036, ;. as amended, to im;p:lement the.:Officia� Plan. of the City o# Pickering, Region of Durham; being: Sou�h Parf of Lot 18; Plan 329, City;of . �.ickering (A 2714) . , . _ . �_ :: : . . - � Whereas the Council of Tf�e Corporati�on of the City of,Pickering rece�ved 'an application - - to rezone'the sub�ect lands being South Partof`Lof 18,°Plan 329, in the Ci:ty of:Picke;r.ing to permit-'fhe development `ofi 2 Ibfs for clefached dwellings and an open space biock, :� - - . _ ., . . , _. , , , , ., , � And vvhereas �n amendment to �By law 3036, as amended; is required to perm�it such ° .. ' us:es - _ ,; . . . -. . . . �., ,. Now therefore the Council ofi The Corporation of:the City o�' Ricker.ing hereby enacts as , ; • follows : _ _ . _ . , . . _ _ ,, . � .� . ,. .. , , 1 , Sch�ds�le I ; Scheduie I'atfached hereto with nofations�and references.shown ttier-.eon are 'liereby declared, to be parE of this �y-1aw _, , > . _ , . _ '' 2. �rea Re�„��ecte� . ,. _ , - Tfie pro�isions of tliis C3ylaw shali apply to those: lands:in South .Part of Lof 18, ; Plan 329, in tfie City of Pickering, designated 'R3-.9" and "O:S=HL" on Sched,ule I" _. . , attached'hereto - 3. `= Gener�al: Pr�visaons � � = � - Rlo, buifdin�, Iand or part: thereof shalf :hereafter be used, occupied; erected; : _ `_ moved., or structurafly altered_except in conformity with the pro�isions�of this , �y-1aw - ,. , _ _ � 4: D�.��¢&�ons. � ; : : . � ` �, InYthis'By law;,. � . ('�) (a) "Bay; Bow; Box 1Ni,ndovv" shall mean_ a window that protrudes from . , fhe rnain wall, ;usually .bowed; canted, .polygonal; segme.ntal; ., . , _ :: :� .. "serrmicircuaar or square sided witfi window on, front face in plan, one � - , o� mo're storeys in heigh#,: which may or may no.t include a`� � = : foundation;, may or may not include a window seat;;and may ` � __ " ' : . ;., include:.a door; _ ., . 176 ` . ' : By=1aw 7389/14 , _ Page 2 _:. _ _ - (2) .(a) .:"Conservation" shall mean the wise use; protection and rehal�ilitation _ . , . ,; ,. of nafiurai resources according to pnnciples.that assure their highest - " � " economic, soc�al and environmental benefits., ` : (3) .(a) "Dwe(ling" sfiall mean a bui(ding or'parE of a building containing one. or more ciwelfi.ng .units; but,does not include a:mobile: home or ` - ,:.. ; _ :` , _ firailer,; =` � , (b) "Dwefling Uni�" shall mean`one or more habitable rooms occupied or capable of being�occupied as a single,'i.ndependent; and, � � separafie housekeep:ing unit conf�ining a:separate kitchen and - ; ,. _ sanitary �facilifiies, - - � _ (cj "Dwelling; De�ached" sfiall mean a s.ingle dwelling which is :; ,. � freesfia�iding`; separate and detached from other" main bu.ildings or � ; '- structures: , � �(4): =(a)` "Floor Area ` Residential" shall:.mean tlie area of.fihe:floor su,rFace _ contained wifihin the outs.ide walls of:a sforey'or �iark of a storey, , - � (b). �°Gross FloorArea`= Resident'ial" shall mean_the aggregate of.the ..`�. - - floor �reas of all storeys of a building or sfructure, or pa.rt thereof as ;' the c�se rriay be;: other tfian a private .garage, an: atti.c; or a ceflar: -' , _ , . . . - ,.; . _ - `(5)' (a): "Fieightf Building" shafl,mean the verEical distance between-the �:,_ _ estabLished g�ade, at the'front of the"house; and i.n fhe case,of a fla# . - � roof;:�he highesf point of the"roof surFace or parapet wall, or. in the' `. � ' case,of a�mansard roof the deck iine, or 'in �the case of a gabled, fiip - or gambrei roof, the mean height between:eav.es and ridge: ., _, .., _ `� (6j :�(a) "Lot" shall mean an area of.land fronfing-on a street,which is used - or inten�ed to be uSed .as.,the site of a building;:or group of b:uildings,. as fihe_ case maj� �e,.:together with any accessory .- fi�uildings or strucfiures, o.ra; publ�c park-o'r open space`:area; . - '� ''regardless of whether or not sucFi lot constitufesnthe who:le�of a Iot; `� br.,bfock on a registered`plan �f.subdivision;. = (b) �"Cot-Coverage" shall mean the combined areas_of all tfie buil�d�ngs'`, ; . ,. _ on'filae lot measured at the level of tfie �irst floor and;expressed as a . . ` percentage: of fhe lot area; , � , : ` - . ; �, . . ,. _, _ . . _ - (cJ ''Lot F_�ontage" shall mean the width of a lot befween the side lot : � ` ' '. Iines measured along a.line parallel to and 7.5 metres distant-from . „ , , . , the front lot line, ': ` -- _ - . _. , , . . - - (7) . (a) "Priva�e Garage" shall.mean an enclosed. or parEially, en.closed , structure for the sforage of one or more vehicles; in which structure , , . - _ . ` �` no� business or service is conducted for �profit or otherwise; -� _ . _ - _ 177; - . ; By-iaw 7389/14 . . - - ". . ` Page 3 : ,. „ _ . .. . (8) (a) �esource Management°';shall mean,the preservation; prrotection. - �: and it-nprovement of the natural environmenf through comp.rehensive � - : ` management' and mai,ntenance., under�professiona{ �irection for , - � both the_individuai.and'socitety's use-;� both�i:n the present a'nd the - , . .. ,. , . � ` � future;.and_shall also mean :the management; developi�ie�t and ' � - cultivation of timber resources to ensure �he continous protection of, "_ , ; jivood or wood producfs, the provision of proper environmental ` conditions for irvildlife, the pro.tection against floods and erosion; tlie protection and production of water sup'plies and.ihe pr_eservation of � . ; t[�e recreational resource; - � _ (9) .; (a) "Yard"';shall mean an area of land w'hich is appurtenanf to„and , .. .. � . located .on the same lot as a building or strucfure and:is�o,pen, � - ` uncovered, and unoccupied above ground except for such ; ;, ' :' :.: accessory.buildings, ,structures; or other uses as_ are specificaily _ ; - -. � �ermitted thereon;= -: , , . _ . .. . . � -) _ , b � "�ront Yard" shall mean'a yard extending.across. tfie �full vuidth of a; , � lot between the front aot:,line. of the Iof and the-nearest wall of:the, , , , _ - _ ° ' ,nearest mai.n building�or strucfure on the lot, � ` (c)'- ." "Front Yard. Depth" shall mean Jthe shortest horizontal: dimension of a front yard of a�lof befinreen the front lot line and the nearest-wall. of . the nearest main bu�lding; ar structure on the lot;., .. ... , . , ,.. -(.d), "Rear Yard" shall mean a yard exte.nding across the full w'idth of a� ` - � 9ot between the rear lot line, of the.lot,:o�r.�where there is no. rear 10� - . , . .. line, the junction point of the;side-lot lines, a�id the nearest wali of � � fihe nearest. ma'in building br strucfure` on the lot;�- - (e): "Rear Yard Depfih" shall mean the s,hortest: horizontal�dimension of : , ,y , a rear �rd� of a lof betv✓een th,e rear lof Iine of fhe lot; or where . ; . � - , - _ � , tliere is no;rear-lot iine; the:junction :poinf.of the�side lot lines; and �" " ' the nea-rest wa(I of`the. nearest main �building or;structure, o�i the lot; . ' :. �' .;(fl ."Side ard" sh n a yard of a lot extending from the front yard. Y all mea , to the r.ear yard, and from tlie .side 1ot line to the, nearest wall of .the _ _ � _ •nearest rnain t�uilcf:ing or, structure o.r� �he lot, _ .� : �(g); "Sid.e Yard 1Nidth" shall. mean flie shortest horizontal dimension of a side yard of a lot between the side lot line and th� nearest wall of, _' fhe nearest main building or `structure=on fhe lof; ` - �h) :.�. ,"Flankage Side Yard" sliall mean a side yard immediately adjoining - � �a'sfiree# or abutting: on a reserve on the opposite side :of vvhich_ is a.', - . . , , streef� . - � � . _ . _- .. , - = . .. . ;. _ =- _ ; (i) "Flankage Side Ya�rd 1Nidth" sliall mean the shortes"t hor�zo�tal _ dimension of a.flankage side,yard of, a lot befirveen filie lof line _ � - = <ad�oining a streef.or abi�tting on'a .reserve on the:opposite�side of whic�i is a'street,-and tlie nearesf wafl of,the nearest ma►n t�uilding - _ or sfiructiire on the lot; � - . _ � .... 17g : , ` � _ , { ,. ° � By=1aw 7389/14 . . : - Page 4 � _ (j) . "Interior Side.�!ard" shali r�riean � side_yard_ other than a flankage : siole yard; � . 5 . P�ovisio�as ,, < �1) (a) � Uses Permitted ("R3=9" Zone) :. - - ,_ _ ,. , . . -� - P,Ia person s�all within.tfie lands zoned "R3-.9" on Schedule l. � - aftach`ed hereto, use`any lot or erect;;aiter; or use any btailding or . - strucfure�for`a�iy purpose;excepfi fihe folfowing ° .. . , (i) : :detached dwelling : _ ;. , . _ . , � � ` {b) Zone. Requirements ("P3=9" Zone) - No; pecs:on shalt within the lands zoned 'R3=9" on Scfiedufe 1:;: ' , . , , :. : aifitachetl hereto, use any fot or,;erect,: alter,,or use any buildi,ng , . . -. , ` �' -' except in accordance vvith the follow.ing provisions: . � , � , i LotAre'a miriimum 530;s - ` � ) � ) : quare rnefres _ � -. (ii) Lot Fron�age (minimum� ,.-. ': 1�.0 rnetres _ (iii) , Front Yard bepth (minir�um) � 4 4 Q mefres (iv) lntenor Side Yard V�lidth (minimum) , _ . , .. . . A 1`.S metres on one side; 3:0 me�res . ;; . ; ;. , :, o fie other ��' , , ,._ ; ;. _ _ �f , _ � _ , ,. � B despi#e (A) above,,on:lands shown � ; - - ; ` in.�c.ross-�atched on:Schedule .i: ` : _ -: � ;,: : attached to fihis by-law, the ` , - , �. _ . ` ' minimum north'infierior side,yard . ' ' width shall be 3.0 metres ' � . (v) Flankage SideYard Width�(minimurra): : � `' 3.O met'res . - _ ; ; � ,_ �vi) Rear Yard Depth �riiinimum) ; . 6:O metres (u'ii) Lot Coverage (maximt�m):. - �0 p'ercent _ ,, _ � - `(viiij Building Height (mauirrium) 9;O metres : . � - . ; . �.. , 1.79= : �y-1aw 7389/14� Page 5 : . . ; .: ' (2j. Special Provisions_�("R3 9,, Zone) � ' The following sp,ecial provisions shall apply to-I.ands zoned :"R3-9" on , . .. ;: _ Schedule 1_ : , _ .. . . '. ` �a). Garage Requirements: " . - .� minimum;.one private �garage per,lot attachetl to the main,building, ._, _ -: the vehicular-entr.ance of which shalf,.be located not.less-than ; - ; 6.O,mefires r'rom fhe-front lot line; and nof Iess:than 6:0,metr.es `from ;. - a;ny side Jot I�ne imm,ediafety adjoin��ng or abutting on a reserve on the : opposite;side.afwh'ich js a:street; � , - , . � � ' , (b) Gara e' P�o'ecfion maximum - . � , , , . . � J . ( ):. ` -: . . , ,. , _ : , . . , , ' � .: . 2.O met"res be�on�.the wall con�aining _the main entrance to fhe ` , , , : � �� dwelling unit, except':where a covered. and �unenefosed �porch� extends ' a. m�nrmum of 1.8 metres�from �he �nrali containing the main entrance � fio the dwelling unit; in which ca�e no .part of any affiached private � '- garage sliall extend, more than 3.0 metres beyond the wall contain�ng ; . thP:m�i�i entrance fo the dwelling unit; - (c)` Obstructi;on ofYards (maximum): " - � � (i) :� any unenclosed`por-clies not exceeding.1.5 metres in height above.esfablished.gratle, may encroach a maximum of � � 2.O metres �nfo the reguired minimum front yard; `, , � , .. . , , ,.. - - � (it) any u�icovered decks; platforms and steps not exceeding' ' 1:5 riietres in fieiaht :above established grade; may encroach a. maximum of 3.O �netres infio the required rear yard;_ , � in an ba bow or box w�ndow ma encroach into �,:..) � ` Y, .. requ�red yards; Y ; � ':.; <` ,a max�mum as follows: � . . _ : _ - ` , . A ' : front yar� __ � ' , 0.6 metres , B; � flankage yarc( . - 0.6 metres : _ _ _ C� �' : rear yard ; . D:6 r-nefres , . , : '. •.. D�. . eaves. above these fea#ures > may project to a further '� � -, , - , . _ . _ . . ' ' ; ,,. . ., 0.6 metres into fihe. : .. , , _ ; : _ , ` ,, . required front or rear yards - ..._ � - � _ , , ,.. , � �� - 18Q� - , _By-faw 7389%14 _ . Page 6 , ,. . � , , . , 6. . . 4�rovosAO�� . , _ . . _ , , _ {1) :, (a) Uses Permiffied ("OS NL"Zone) - . . . ,.. - f�o person shall within-the fands designated,"OS-HL" on Schedule`I` � at�ached hereto' use any lot or erect, alter or use'any building or .- ' ''structure for any purpose_except the foflowing - . (i). preservation and conservation of the naturaa environment, soil - � ,_ _ , "and.wiidlife _, _ (i�) resource;manag�ment � _ . . ` � (iii), pedestria.n trails and walkways'. _ .. ; (b�, Zone Requirernents. ("OS=HL"Zone) , _. , : _, _ � ; . . ,.: (i). Rlo buildings or s�r.uctures'-�hall`be permit�etl to be,erected; nor , . : : , . shall ttie placing or.removaf of fill be pei�mitted, e>cceptwhere ,' - , bui.ldings'or structures are-used'only`for purposes.,of flood and. ; ' - er.osio�i cont�o�; resource management, or �edestrian trata and , : , : wa(kway purposes, , _ 7 _ �y-laie� 3036 ` _. , . ' Eiy=law 3036; as ari-�ei�ded; is he.reby further amended only to the extent ' `, necessarjr to', give. e�Fecf to'the provisio.ns of. th�s By=1aw as it applies to the area � set out in Scti'e��ile l aifactied liereto: Definitions �arid sub�ect matters nof_ � � `''specifically dealt with, in this By-1aw shall be,.governed by relevant provisions of. - � .: �y-law 3036, as amended�: _ .. , ,, . _- _, ., ,. 8 ` . . �ffe��¢ve- �a�� _ . , , <, , . ,. .. , ._ � . � _ - .This �y=1aw shafl come into;force tn accordance,with the provisions of the _ ,� - Pfarrning Acf..,' � ., , , . . . . ,_ ._ . ;�y-1aw passed this 15th day of December; 2014.. '. _ , _ _ , . , .. ,, _. , , , , - D yan; Mayor : _ � - avid R , - �� - . -- - .. , _ ._ ., . ; _ ` - Debbie Shields, City Clerk . ; . _ ; _ - . - 181 -�.= i �, i ,� . i : � PLAN 329- .N PT ' LOT 18 , � ; , ` , , -. — �- — . .� 40.R-2710`3., PART E ; � . - � . � _. i J � . :' L�I : � - , - . � .: 85•� � " .< 20.9 � 9 - - W � _ . _ Q � _ . _ � _ � ° � W � - _ � 15'� . � . ° �� L. . o . . o . � � � � ; � . 106.6 _ -------=--- -- _ ---=—=—� -. PLAN 329 PT LOT : 19 � � . -. , - , I ; , � - - � - . - , SCHEDLJLE .I TO ,BY LAV1( �389�,14 - - f : _ �� . . , ; , � PASSED 7'NIS 1 5tli. _ . � = DAY OF Decem6er � . �2014 - : , ' -. - , , . .. .: :. 1VPAYQR . - - . � � � � � ' . �� . ` ' � � � . . � . , . . . � � Y . . . : � ;_ , .. . . -CLERK . , " ,. . , .. 182 - . I� —� � w //ll\ - :� �' '� L!'1�, _ 1�': .'_ S� 1 � s� � rr17�.`'.. � ..:� � ..,.. .i.� i �.. �.. � �� To: From: Copy: Debbie Shields City Clerk Catherine Rose Chief Planner Manager, Development Review & Urban Design Subject: Amending By-law for Draft Plan of Subdivision SP-2013-01 Zoning By-law Amendment Application A 2/13 Orchard Ridge (Pickering) G.P. Inc. 560 Park Crescent City of Pickering Amending By-law 7392/14 � • December 10, 2014 Statutory Public Meeting Date Not applicable (By-law to remove the (H) Holding Symbol) Planning & Development Not applicable Committee Date (By-law to remove the "(H)" Holding Symbol) Purpose and Effect of By-law To remove the "(H)" Holding symbol on Lot 9 in order to construct a detached dwelling in accordance with the R4-22 zoning provisions (see attached draft plan of subdivision). The "(H)" Holding symbol was pl'aced on Lot . 9 to ensure that engineering requirements, maintenance and conformity with the City's accessibility standards can be achieved for the proposed pedestrian connection sited adjacent to Lot 9 within the Open Space Block (Block 53). Council Meeting Date December 15, 2014 Note On October 23, 2013, City Council endorsed Draft Plan of Subdivision SP-2013-01 and enacted the implementing zoning by-law. The plan of subdivision was draft approved on December 13, 2013. 183 Note (continued) In August 2014, zoning amendment appiication A 9/14 was, submitted by Orchard Ridge (Pickering) G.P. Inc. to remove the "(H)" Holding symbol from Lot 9. The Owner will construct a concrete pedestrian walkway through the Open Space Block (Block 53), with pedestrian lighting, P-gates and a retaining wall. The wa[kway will be maintained by the City of Pickering. The pedestrian walkway will conform to the City's Accessibility Standards. The applicant has entered into a Subdivision Agreement with the City and will provide securities for the proposed pedestrian walkway. City staff recommends that Council enact the By-law to remove the "(H)" Holding symbol #rom Lot 9. f'f � 1 '�. �� MM:Id JiDOCUments�Development�0.330012014V. 09-'14\By-law ChaA Memo to Clerks.docx Attachments Draft Plan of Subdivision By-law Text By-law Schedule December 10, 2014 Page 2 of 2 � 8,4Amending By-law 7392/14 185 - _ T - he.Corporation of the City of Pickering _.. _ . _ By-iaw No: 7392/14 -Being a.by-law to amend Resfricted Area (�on'ing)`. By-law 25:11; : - � `` as amendetl, �o implement the Official Plan of the Ciiyofi.Pickering, ,� ` - . _Region:of Durliam'.be'ing Fart of:.:Lot:1`1_ and Lots 12 & 13_: , . " - ; Plan-175; Parf,1, Plan 40R.-11659", City..of Fickering (A 9/14) , � V�/hereas the Council;of Tlie Corpora#ior� of tlie City of Pickering passed By=1aw 7312/13,� _ , , � •. -_ am g y . ;of Lof"11_ ar�d Lo#s 12 . �' _ -. . J 9 . _ . endin B=1aw 25.1 , to,, rezone the sub ect lands bein Fart &:13: Plan 175, Part 1; Plan 40R=11659 in the Git�r:of Pickering to permi##he developrrient � = of 51; lofs for tletached dwefling�,:a block containing a heritage:property; an open,s:pace � block anrl a public. road; _ .`. . ;: . ` And whereas 3. -1aw 7312/�3 includes an " „ " '; y � (H) l�olding Symbof preceding the R4 22 ` Zone on Lot'9 of Draft Approved �Ian of Subdiv�sion SP-2013�-01; which has fhe: effect`: � of p_reve:nting the develop�ent of a detached, dweliing from .occurring unfiil such time as- ,- � ". ap:propriate ar.rangements have b�En made:to.the satisfaction. of the Cit ofi Pickerin Y _ 9-. ineluding� provisions tliat alf, of the requirements for the development ofi the proposed _ : . - pedestrian,connection I.ocated. on the adjacent OS=HL lands have been complied wtth;, includmg` but nof limited to; en.gi�eeriii'g` requiremenfs, iighting, :maintenance, and co_nformit.y to .tlie City Accessibility Standards;; �, Arid whereas;the Owner has entered into aippropriate arrangei-rients; �to the Ctty's , , , � satisfa�ti�n, _ . � Aiid whereas:an arn:en�rrient to arr�ending By-law 7312/13, to remove fhe ``(H)" Nolding Sy�ribof preceding the "R4-22" Zone on .Lot 9 of Draft Approved Plan ofi Subdivision - S.P 20:13=01 �s.tlierefore deerned `appropriate; ' Now therefore the Counal,of The,Corporation.of the City.of Pickering hereby enacts as . � foliows. -. . ;. , . _ . . 1 Schedule l . ,. , �- � Sched��ale 1 to By 1aw 73121.13, is hereby amend�ed by remoVing the "(H)" No(d'in;g- < Sy.mb.ol preced'ing the "R4=22" Zone designation on Lot 9 of Dr-aft Approvetl Plan. - of Subdivisioii SP-2013=01. as .set out. on, Schedule l attached hereto: _ ` 2. '": Text �mendrnent . ; _ - _ - . ,�.;, . Sectio.n 8. of B lainr 7312/13 is hereb re - ealed ' � �: ; ,,, . _ ,: - p _ , _ ; _ 3 - Area �estrict�d .. _ _ , _. . ... , . > By-law 2511, as arr�:ended_by By=1aw:7312/13, is tiereby further amended only to. �" _ ttie extent necessary to =give effECt-to tlie pr.pvisions of this By-law as� set out in = - --Section 2. above; and as,set out in Schetlule�l attachetl herefo, Definitions and . _ subject matter not specifically dealt with �in this by=law shall be governed by fihe relevant provisions o.f By=1aw 2511; as;amended. : - . � 8:�, . � By=1aw f�o. 7392/14 Page 2 -. 4. Ef�ective f�a#e - This. By-1aw, shail come into force if� acc`ordance witli .the provisions of_ the � . .: f'lai�ning Act: � : By-1aw passed this 15th day of Decemkier, 2014 ` ,. _ , . _ : ' ; yan;.;Mayor, _ . . David R Debbie Shields,.City.Clerk - - . . , , _ _ 787 - _ . : , r I %. ' ' SANDCASTLE J i , f------�'t �. . .,� . COURT � ' . , . . �_ .. 1 . �I � i �' � �� .. �� _ � '. . . . � _ � . . . . � . .. � _ � ,. i � I - ... ' _ . . . ' � . _'-� '.��, . . ��- .-�.��. . • -� �.�.� , . . � . . ; � . . I / � ., . ,. , ,.. i � . .., ' I ! � ;^— . ... , , , .. . .� . : . . . .., . � . . . � , . _ . : ,. , /. , � , , 79.4m �, 47.8m i, . ° � � rn � , � �S-1-�L � � ;;- . _ _ a�o 32 �� N � � � , 3 _ co ; . � , � �.. . W � _ O�,N\. � � i .. ' '�: �9 � ;� � ;'� , NQ 48.Om � � I-- �� QR . , - ' � � . / ,� . �, 5�. '.. . , f ' � � . � � �/ .• . � - . . � —� . �\� � � r+ ; I-=--� � Z � - � ' �., , . � . � � �. • < /�� - . � m � �',�l I �� - 2� � � ' , , � ; � �---y I � ��-- � � � --' i .. � , � � �� ° �;�-_--� � j- " F----+ � � 59.2m � . � � I. O � f ' �1 ~ , . N � .P � � . . _ W ` N � �� (. �' 1 `° ' ; f�4-�L 3 �' SURF . AVE _ . .� � , � � ,_�.:� : w 65.Sm �_ .�— ! %' i. i..: " I � i � � _ ' � �, � E � �j ,� ,. ., �, , , U � , �-. i , ,, --, - _ i ' �_' . . . .. I , .3 � �z i � ..'� - � , o � ,. l i � W � � i � .( . i Lu �- � i i �i. '' ( ' ` C� �— �' ' i Q i � i y —" - ��_�_��__�_�� ( �/ �� .� i a ! _ . ; �%.�I � .m � 162.8m . „/ � ' � . .. .' I ,, . � .. � � - ' ' i I i � - I �. t ' � � � r: ---i . �. � � . r � � � , , 1 j I i t ' . -- r � � , .., � � - _ � .. . . � .� �. _ . , � i. ',-� . �� . . 1 ,: , ..� . �� I i ± � ` � � I,: ''. � ' .r t ., �. �.: �1: �� i �. L , ,� ! , '� � . � SCH:EDULE I T�: BY LAW 73.12/13 AMENDED BY BY=LAW 7392�14 : . _ . - . i PASSED THIS 15�h, ,. � DAY OF� December 2014 ' _ . „ ,. . . _ , � MAY�R . _ - • . . CLERK . - 188 , - . . - - . , _ /I1� `'�'�-- . � u, a�!up �.►.:� a.�e.,.�:� � a s-� �'i �.'�.c�.7€� 4 To: From: Copy: Mayor Ryan and Members of Council Paul Bigioni Director, Corporate Services & City Solicitor Chief Administrative Officer Subject: Amendment to Section 49 of By-law 6649/06 File: L-2000-001-14 � • December 15, 2014 Council currently has in place By-law 6649/06, which is a by-law to licence, regulate and govern body-rub parlours within the City of Pickering. It has been brought to the attention of staff that the By-law was passed with an expiry date. An expiry date was required in the by-.law to comply with a previous version of the Municipal Act. The Municipal Act has since been revised and by-laws are no longer subject to this requirement. I note that no other City of Pickering regulatory or licensing by-law currently has an expiry date. This amendment will not affect the substantive provisions of the by-law. Please find attached a draft by-law for Council's consideratibn, amending Section 49 of By-law 6649/06 to remove the expiry date. It would be appreciated if the by-law amendment could be included in the December 15, 2014 Council agenda to ensure the City maintains its ability to regulate Body Rub Parlours. kt Attachment Draft By-law Amending By-law 6649/06 :• The Corporation of the City of Pickering By-law No. Being a by-law to amend By-law 6649/06, which licences, regulates and governs body- rub parlours in the City of Pickering. WHEREAS on March 6, 2006 the Council of the Corporation of the City of Pickering passed By-law 6649/06 to licence, regulate and govern body-rub parlours within the City of Pickering; and WHEREAS Council wishes to amend By-law 6649/06; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: Section 49 of By-law 6649/06 is amended to read as follows: This By-law shall come into force on March 6, 2006. 2. This By-law shall come into effect the day of its passing. By-law passed this 15th day of December, 2014. David Ryan, Mayor Debbie Shields, City Clerk 190 .. - � A /!11\ � _ ��. :a�4 � "�,, �'Q�,� �� r , .,.. ,i � . —�—��!��!— To From Copy Debbie Shieids City Clerk Catherine Rose Chief Planner Manager, Development Review & Urban Design Subject: Amending By-law for Zoning By-law Amendment Application A 6/13 E. Ovide Holdings (Altona) Inc. Parcel A- 199, 207, 215, 219 and 223 Finch Avenue Parcel B- 1978 Altona Road Parcel C- 1973 and 1981 Altona Road Parcel D- 335 and 339 Finch Avenue Amending By-law 7394/14 - • December 10, 2014 Statutory Public Meeting Dates December 2, 2013 and May 5, 2014 Planning & Development Committee Date September 2, 2014 Purpose and Effect of By-law To facilitate the following residential development on four separate parcels (see Location Map, Attachment #1): Parcel A: to permit 12 lots for detached dwellings Parcel B: to permit 22 townhouse units Parcel C: to permit 40 townhouse units on a common element road Parcel D: to permit 3 lots for detached dwelfings Council Meeting Date December 15, 2014 N ote N/A , � � �. CC:Id J:�Documents�Development1D320012014\SP-2014�2, CP-201402�By-law Chart Memo to Clerks.docx Attachments Location Map By-law Text By-law Schedule 191 The Corporation of the City of Pickering _. , - _ 8y-I�w No. 7394/14 � : �eing a By-lavv to amend Restricfed Area (Zoning) By-faw 3D36, as amended, to implement the Official Plan of the City of - - Pickering, Region` �f �urham, on Part of Lot 2, Registered �, Plan 388, Part of Lots 33 and 34, Concession.1,; Part of Lot 32 _ and Fart of the Ro�d Allowance befween Lots 32 and 33, - ,. , Concession,1, and Lofs 5 and 6, Registered Plan 566; City of _ � Pickering (A G/13). ' 1/\Ihereas the Couricil of The Corporation of the City of pickering received an applicaii�n. � to rezone the subject lands being Part of Lot 2, Registered Plan 388; Part of Lots 33 and .' 34; Concession 1, �'art of Lot 32 and Part of the R�ad Allowance befinreen Lots 32 and 33, Cbncession 1, and Lots 5 and 6, Registered �'lan 566 in the Cityof Pickering to : `_ per6riif the developmen.� of 15 lots for detached dweflings, 4_ blocks for 22 fownhouse < „ units and 1 block fior 40 townhouse units on,a common eiemenfi road; � And -whe�.eas an amendmen�t to Zoning By-iaw 3036, as arnended, is �equired to perrni� _ such uses;. i�ow the�efore the Cc,uncil of The Corporation of fihe City of Pickering hereby enacts �s ; `. follows ., , , z �� 1. Sches6�Ees I, !9, I@i �nd I�P �chedules I, 1C, flf and 6\% attached hereto with notations a�d references shown - thereon are hereby d�ci�red to be part of this By-law. 2. Are� 6�e�t��ct�d The prouisi�ns o�` this 8y-!aw shall apply to those lands on Part of Lot 2, Registered Plan 388, Part of Lo�fs 33 and. 34, Goncessio.n 1, Part of Lot 32 and Part of the Road Ailowance between Lots 32 and 33, Concession 1, and �ots 5 , and 6; Registered Plan 566 in the City of Pickering, desig�ated "�3-15", "NiD-Fi9" `"MD-H10" ar�d "MD-H11" on �chedules B, II, I(I and IV attached hereto. 3: C�en�ral Pr��is��ns � No bui9ding, structure, land or part thereof shall hereafter be used, occupied, erected, rnoved or structurally altered except in conformity with the prov�sions of this �y-1aw. , 4.. De�r�ctios�s !n this �y-1aw, - _ (1) (a) "Bay, Bow, Box Window" shail r�-�ean a window that protrudes from the mai_n wall, usually bowed, canted, po{ygonal, segmental, - sernicircular or square sided with window on front face in plan; one. or more storeys in height, which may or may not include a ' fi�undation; may or may not incfude a window seat; and rriay inclu�e a door; . 193 By-law No. 7394/14 � °age 2 (2) (a) ,"Dwe.iling" srall rrrean a building or_part of a building .containing orte � or rriore dwelling units, but does not include a mo6ile home or trailer; - (b) "Dwe{ling Un�t". sha�! mean one or more habifable rooms'occupied . ' , or capable of beinc� occupied as a.sing1e, independent; and, ;..; : - separate housekeeping, unit cantaining a:separate kitchen and. ` sanitary facilities; ` � . - -(c), -"Dwelling, Detached"'shall mean �a single dwelling which -is , free�tanding, separate and de#ached: frorn other main buildings: or strucfiures; . ,(d) "Multiple Dwelli.ng =1-iorizontal" sliall mean a building containing -. three_or more dwe(ling units attached ho,rizontally by an above- � - grad'e wall or walls; . , _ . . .. . : ,(3). (a) "F'loorA,rea_= Resi�ential" sh�ll mean the area of the floor.surface - _ containe� wi�hin the oufside wails of a storey or part of a storey; . -- `(b) '"Gros� Floor,4rea - Residentia!" shall mean the aggregate of the . floor areas o� all_storeys of a building or sfructure, or parG thereof, as , the c�se m�y be; ofher than a private garage, an a#tic, or a cellar. (4) (a) °`Height, �uildiny" shall mean the vertir,al distance between the Astabiislied grade, at the f.ront _of the .house; and in the c�se of a flat .. roof; the 'highest point of the roof surface or parapef wall; or in the :-,, case of a mansard roof tfie aeck 1ine, or in the case of a ga�led; hip. or gambrel roof, the mean .height between eaves and ridge: _ . , (5) _(a) "Lot" shall mean an are;a of land fronting on a street which is used , , or,ontended to be used as the site of a buildi�g, or group of . buil�ings,. �s the case may be, toget�ier wi#h-.any accessory 6uildings or structures, or a pub�ic par.k or open space area; = � � regardless of whethe� or not �uch. lot const�tutes the whole,of a lot or block on �a-registered'plan of subdivision;. _ - . . (b) . "Lot Coverage" shall.mean the combined areas of ail tli.e buildings . _ on fhe lot _measured_ at the leve;i of the first floor and expressetl as a';. ' . �. percent�ge of the. lot area; ; _ _ �- (c) "Lot Frontage" shall mean the width of a lot betwee�n fhe side lot °� lines rrieasured along a Iine parallel to and 7.5 metres distant �r.om , . �he front lot line; - _ . (C,) . (a) "Yard" shal! mean an �rea of la�d which, is, appurfenant.to and located on the-same lot as a building or structure and is op�n; ' : uncoyere�, and u.noccupied above ground except for'such - accessory buifd'angs, structu�es, or ofher uses as are specifcally� permitted thereon; , � 94 , . By-1aw I�o. 7394/14 . " Page 3 (b) "Front Yard" sl�all rrreaii a yard exter�ding �cross the full width of a Eot between the front lot line of the iot and the ne�rest wali ofi the ' nearest mair� �uilding or structure on the lot; (c) "Frorit Yard Depth"` �hal.l meari the shor#est harizontal dimer�sian of , a front yard of a lot befiween the fror�t lo� line and the nearest'wall of , , tfne neares# main buiiding or structure on tlie lot;. - (tl) "Rear Yard" shait rriean a yard ext�nding across ilie fuil width af a _ 4ot betwee�:the rear lot line of the iot, or where there 'is no rear !at .-: � ; ' line, the junctian poir�t of the side lot fi►ies, and fihe nearest wall of � tfne nea�est main building or structure on the lot; (e)� '"Rear Yard Depth" shall mean the sliortest harizontal dimensian af � a rear yartl of a lot befin,�een the rear (of fine of the lot, or where � _ � there is no rea�_ Iot Iine, tlie ju'nction point of.fhe side lot lines, and . fihe riearest wafl 6f the nearesf main b�ailtling or structure o,n the lot; ', (fi� "Side Yard" shafl.meaii'a yartl of a lot extend'ing from. ihe �fror�t yard � tr� the r�ar yard; and from the side �of line ta the n�arest,w�il of the � nearest main bui(di.ng or strucf�re on tF�e lot; . . , - (g) "Side Yard 0/�/idth" sha�l rri�an the shortest horizontal: dimension of a'- ,. , , , side yard o�f a lot betwten the side lot line ar�d tfie nearestJw�ll of fhe nearest main buiiding or structure on the lot;, .` . _ - � (h) "Flankage Side Yard" shall mean a`side yard irnmediately adjoininy- - ` a sfreet or abutting on a reserve o.n the opnovite side of vuhicFi is a -,, , - streefi; . ,(ij "Flankage Side Yard Wid�h" shal! meari the shortest h�rizontal � , dimer�sion of a flankag� side yard of a lot betwsen the lot line �.: . adjoin�ng a street or �butting on a resepve on the opposite side of which is a street, �nd the n�arest wall �f the neares� ma�n bu�[dirig , or struct�re on the lot; , _' (j) : "!nferior Side Yard" shall mean a side yard other than a ilankage side yard; � 5.. Pr��eision� �"S3-'!5", "iVi�-lH9„� ��IVPD-H'�0" �isad "@�D-H1'!" Zmnes) - . (1) U�es Perriiitted ("S3-�5» "M�-H9„ "N'i�-Fi10" and "MD-�11" �ones) (a� No person sh�ll wifihin the iands zoned "S3-�5" on Schedulss ! and � 6� attached hereto, �se any lot or erect, alter, or use any buiiding or ` " structure for ary purpose except the foilowing: �i) detached dweEling - � 195 By=iaw No. 7394;14� Page 4 - �(b) i�lo person shail vwifhin the fands zoned "MD-9", "MD=10" and - "MD-FI11" on Schedules li! and 6V attached hereto, use any lot or erect, alter, or use any building or atructure for any p�rpo�e except the following: " ` �i) `m�sitiple,dwelling:- horizonta( - - ' (2) , Zone Req�irements ("53-15" and "MD-H9" Zones) � __. .No person shall w'ithin the iands zoned "S3-15" and "MD-H9" on � Sched�fes [, II and ill attached hereto use any iot or erect, alter or use any - b�uiid'ing or structure except in accordance with tlie provisions as sef o:�t in � . _ -` �the following provisions:� : , : � . _ ��S3-15" Zone "MD-H9" Zone (i) 13.0 metres for - lands as shown on ' Schedale I attached _ (a) Lc�t FrGntage to this by-!aw 6.0 metres " (m�nimum) i� 14.0 metres for �"� , - lands as shown on - Schedu(e fl attached to this by-law (b) Lot Area 4�0 square metres 150 sq�.�are metres - (mEnimuCrl) Front Yard ��) Depth 7.0 metres 4.5 met��es (minimurn) 1.2 metres on one side, 1.5 m�tres except where 0.6 metres on the other �Wellin s on abuttin lots Side Yard side and pro�aided there g � � �d) De��h is a minimurn 1.2 metres share a common wall, no {minimum) . se�aration between �nterior side yard shal9 be dwelEings on adjacent required adjacent t� that lots W�I! on either lot - Rear Yar� �e) Depth 7.0 metres (minimum) - �� Flankage _ Yard �epth nia 2.7 metres � (minimum) 196_ � - By-Iaw No. 7394/14 Page 5. � "53-15" Zone "E�D-H9" Zon� Building , _ �9) Height 11.0 n�etres (maxirr�ur-n) - (i) 45 �ercent for lands - as shown on Scheduie I attached �h� Lot Caverage �to �his by-law � ` (maximum) � 50 percent (ii) 33 percent for lands - as shown on Schedule fl attached to this by-!aw (i) 3.0 metres � Drivevvay (ii) 6.0 metres for units �f� W�drh t�.0 metres in�the hatched area i- m�ximu�r. � � ) as shov✓n �n , � Schedule III �ttached to thi� by-law . (3) : Zone REquireme,nts ("MD-H90" and "NdD-H1.1"Zones) , - . � �!o person s�iaii v��ithin th�e. lands zoned "NdD-H10"_atid ,"f�D-H11" o,n . �chedule IV �ttached hereto use any !ofi o.r erect,.alter or use any �uiiding or structure exce�t an accordance with the �rovisions as set ouf in the , � foflowir�g provisions: - "MD-H10" Zone "IVID-H11" Zone ' �a) Lot Frontage 6.0 metres (minin�um) (b) Lot Area 120 square metres _ . (minimum) � Front Yard .. - ��) Depzh �.5 metres 2.7 metres (minsrnum) ` �ide Yard 1.2 metres except where dweliings on abutting lots �d) Depth sr��re a� common walf, no interior side yar� shali be - (rrinimum) rea,uired adjacent to that wall on either lot - 197 By-law f�o. 7394/14 .. Page 6 "N1D-H1c�'' zone "MD-H11" Zone � (i) 7.0 metres I�ear Yard '. - �e) Depth (ii) 6.0 metres for units 3.0 metres . _ (minimum) in the hatched area `. as shown on - Srhedule fV � : , �� Flai�kage Yar�► 2 7 r�etres to Aitona Road and 1.2 metres to a : Depth common efement.condominium street (mir�imum) _ (9) Building He�ghi (maximum) 11.0 metres Drive,,n�ay �i) Width 3.0 ��n�tres �.0 metres (�naxi��um) Nusnber of � G) Dwefl�ng Units 4a units � (maximum) F'arking 2,0 parking spaces per dwelling unit for resident�, ` i�) i�equiremer�ts as�d 0.2� of parking space per dwelling unit for - (rriir�smumj visitors (4) �peci«I Provision� ("S3-15,;, "M�-H9", "MD=H � a" ��d ."MD-H � 1" Zones) _ . : {a) PJlinirriur�� Garage. Req`uireri�ents for iand� zo�ed "S3=15" an :` - Schedules l and,ll` _ - (i), .. n7inimum o;-�e private garage per lot �ttached to the main ; buil�ing, the vehicula� entrance of which shall be located not . ` less th�r� 7:0 mefres:firom the fro�t lot line, and iiot �ess than - - _ S:0' metres frot-�i any side lot line immediately adjoining or ; abutting a re�erve on the opposite side of which is a sfireet; . {b) .. iVtinimum Garage Requiree�nents for lands zoned "NID-H9" and ,. ' ,``Ni'D-H10" �on Schedules 011 and IV: ` . , � (i) minimum one pri�ate gara�e per lot attached to the main building,_ the vehicular entrance of which sl��ll be located not , iess-than S.0 metres from the fro�t lot line, .and not less than, , 6.0 metres from �ny side lot line immediately adjoining or - � ab�b�ting a rzserve on the opposite side of which'is a street; 198" By-law No. 739�/14 Page 7 (c) '�/linimum Garage ReqUirements for laE�ds zoned "MD-H11" on Schedu{e IV: _ (i) . mi�imum one private garage p�r lot afi�ached to the main ` . buildirg, the v�hicular entrance of which shafl be located not iess than 6.0 rnetres from the rear lot fir�e; (d) M�xii�uin Garage.Projec�ion `for lands zor�ed "53-15"; `"MD-t�9" and «M D-H 10": , , (i) ' maxirrium 2.0 metr�s. beyontl fihe wall contair�ing the e�iain " entra�ce to tl�e dwelling -unit, except where a covered and unenclosed porch_extends a minimum of 1.8 metres from the .` _ tifvafl cor�fainir�g �he main entrance to tl�e dwel{ing unit; 'in wl�ich . case no part af-any,aftached private garage shail extend rnore ' : than 3.0 metres beyond t�e wall containing the i�ain entrance - ta tl�e dweiling unit; : : _ . (e) Qbs�ruction of Yards (Maxim�m): ' . _ (ij : The foi9owing provisio��s shalf apply.to iands zoned "S3-15'';. - s�NlL�=H9" and "MD-H10"_ • . A. any une�cios�d porches r�ot exceeding 1.5 ,mefres in fieight above established grade, may encroach a rriaximum of 2:0 metres into the required minimum front , yard; _ , _ B.. a�y uncovered decks, platForms and steps. not _ � ' exceeding 1:� metres in height.aboWe esfabliahed gr�de, may encroach a maximum of 3.0 metres into the ; , required rear..yard; ' _ . , _ . � C. hay�; bow or box window may encroach a maximum into `. ` . ` require� yards as foilo�vs: - . i: front yard - 0.6 metres ii. flankage y�ard 0.6 metres ` , , _ iii.� rear y�a�:d 0.6 metres_ iv. eaves above,these featurea may project to a. ` further 0.6 metres _ - _ , into �he required - - front or re�r yards; ` ,� 199 By-law IJo. 7394/14 , Page 8 (f} The followina prcvisions shali apply to lands zoned "MD-H11" Zone - on Sc.hedule .IV: � � {i) Obstruction of Yards (maximum):. , . �,4. any unenciosed porches nof exceeuing 1::5 met�es ir� , - height above,esta�lished grade, may.e.ncroach` a� maximum of �1.5 metres into the r.equired minimum front � yard; � � - ' � B. hay, bow.or box v�indow may,encroach _a maxrr�ium.into , . , ' � ' req i ollo�NS: u'red yards as f . . _ - _ i. - front.yard � � 0.6 metres - _ ,. , . - _ � • � ii. flar�kage yard 0:6 mefres ' ' , iii. : . rear.yard . 0.6. metres , ,� iv. eav�s above these features , m�y project to a . . � _ _ _, further 0.6 me�res . . i�to the required '. , fro�t or:rear yards; - `. C. Despite any m6rrimum fror�fi yard depth re�uiremeiit; on. , _ =: a cor�ier 6�t, the. setback to a claylight fria�gle sl�all be a: _ _ min'imum �f 1:.2 mefres; - � , , , (5) Speciai Regi�lafiic�ns ("�3-15", ``�D=H9", "MD-H10" and "MD-H11" Zones) - (i) Despit� the pro�risions of Section `5.6, of By=1aw 3036, as amended', the require�nent for the frontage o..n a public street sliall be satisfied by esta�lishi;-ig ft�ontage on a corr�mQn eiement condominium sfreet ; 'For the,.lands on �chedule IV to this By-1aw;: �� - � (i�) Des�i�e Secti�n 5,(5)(i) above, the'lot [ine_abutting Altona Road ' shal( be deerried to be the Front Lot Line.for the. iar�ds Zoned; - "Ib'1�-H11" on �Sched`ule IV attached he�eto; _ � (iii) Despite Sections 5.(1)(b) arrd 5.(1)'(3) of #his By-1aw; a water meter �uildi�g requi�red by the R�g.ion of Durharri for the purpose of measut�ing the quar�tity of viiater deliv�red sha[I. be exe.mpted from` '. _ - "11nD-H10" and "N!D-H11" zone us� pr�visions:and zoiie ' requirements;� - : (iv) '' Section 5.22 of 6y-1�w_3036, as:amended,_shall not apply to'the la�ids zoned "9V1D-H10" and "MD-H11" on Schedule 1V attached. : he�eto. . ,. ; 200 , _ By-1aw No. 7394/1� Page 9 G. D�el6ii�g �J�oi Re��ic��fs (1) Nofr more than a total of 77 dwelling units shall be permitte� on fhe lands` zoned as "S3-15"; "MQ-H'9", "i1�Q-H10" and "fVlQ-H11" on Schedufes [; !!; _ 119 ard iV atiached to this By-faw. ' (2) Of fhe.77 dwelling units permitted, a maximum of 14 dweliing u_nits are transferred as follows: - � � (a) 5'units were transferred from iands zoned "S3-15" on Schedules I. ' - and Il to lands zoned °`NfD-H9" on Schec�tile Ili; ' (bj 9 u►irts v�%ere tranaferred from lands zoned "53-15".cn Schedules 1,. � and !I to lands zoned: "MQ=H10" and "MD-H11" on Schedul,e ,9V. _ 7.- N�odef, �i��s � _ : , ; (1)' De��,ite thz �rav;sions of Section 6.1 of B;r-lain! 3036; as amended, a_ , - m�ximum of 3 riiodel liomes, togefiher with �iot �ewer than two j�arki�g spacea per Modei Home, may be ao�structed on t{�e {arids zoned ``53-15" . _ , . _ as set out in Schedules 1 and II �ttached to thi� �y-1aw prior to the division -- of those fands bv registrations of a pian of subdivision or Iarid division; (2) '�espite th� provisions of Section 6:1 of By-Iaw 303�, as amerided, a; , - rnaximum of 1�Rock, together with nnt fewer than fir;io p�rking spaces per _. ,�odel Hon�e; may be consfructed on the lands zoned, "n�fD-H9" as set out in Schedule l:ll attached fo this By-lavv prior fo the,division caf those lan�s by registrario,ns of a plan of subdivis�on, ." (3) Despiie flie provisions of Sect�on 6.1 of By=iaw 3036, a maximum of, 1!�lock, together wi�li not fewer th�n two park�n� apaces per Mouel Home, rnay be construcfied on tlie iands zoned "MD-H10" and "MD H11" as set _, out iri Schedule !V att�ched to th'ia �y=iaw prior to the d'ivision of those lands. by registrations of a plan of subdivisioi�; (4) For the purpose of this By-law, "Mouel Home" sha.11 mean a-dwefling unit , which is not used for residential purpose, but which is used� exc{us�vely for . sales, dispiay, and rrrarketing pu��poses purs�iant to an agreemen� with the Gity of Pickering: 8. . .� By-eavo� 3Q36 _ - By-law 3036; as �mended, is hereby #urther ai�nended anly to. the extent � _ necessary to gi�,re effect to the provisions of thia �y-iaw as it :applies to the a�ea set out in Schedule I_attacl�ed hereto. �efi�iitions and subject mattera not specifically deali wifh in this 3y-!aw shalF be governed by relevant provisions of By-1aw.303�, as �rr�er�ded, - 201 By-{aw No: 7394/14 . Page 10 - 9._ Effe�'tove Date � �. This 6y-law shaBl �om� into_ force in accordance with the provisions of the � Plartning Acfi: . ,. By-law passed this- � 5th tlay of DeGemb.ec,, 2D14. , , . : . . David .Ryan, 9Vlayor , . , : Ids; City Cierk : `, Debbie Shie , - _ - , 202 - � ; � i � i � � � i �� ,�-�. j � 1 1 _ I I . . .. � � I � � � , .. . .. . . . . . . - _ . . _ . . . � .. . . � , : - -_ � I .. ' � . ' � . . . � � . . v�E NA�✓EN . _ r , �P� ' �' , ., � � , , , , � _ � , , ,. ; ; ; , .,, . , . ; ; �----- ------- c . ,, � i: , � , - , i , a � ,: � � - � � ,i , � � � , � ; -. i � . i, ..I-----------=--.. . � • � t i t i. - � t. � �. . i � �--� i �, - r � � � � .. � i :. i.. . . . � . � i � -' � � �---==— ---=--- � '_ ' r i �. ,i . � � � . . �-�--�' ; � � . . i_ � � - i t -.� � i. (� i i �- i � � . i: ` �. i . . _. i i i _ . � .. . � i i. i i — : : � F�NCH A�ENUE 165,0 � , o ��°� �' , . o '� ^ CON 1'N PT LOT 33 40P,28"169 PART 1 �- • - . 165.0 _ . .. . ,- ; . . , ., . . � , � �� . �,' : � � : , ' t'---==-r------------------- � .---- .� � � � � . � � . : . . . . �. � � � I -� � . � . � ��.. . . - . � - � ._ . . .. _ . . . .. . .. ; � � . _ � _ . . . � . . . . � . .. . . - . . � . . . . _ �. . � � � . , ...' . .: . , j. : . . . .. . � . , .. .. ,` . . ,. . . � �.. ,,' . .,. . . . .. .. . . . .. - - - . � " ' .� � .. . P � � � . ..:�, ', . ' ' .., : � . � .�-.� ,� : . . . . .. . : ., � � : , , � . _ : ' � - � . .. . : - . � . �. ., . . . . ' .. . � .I � � � . , . . �. � .. . . - . . -� . . . . .� - . . . - - . . . . - 1 � .. ' . � _ �� . .�.� . . - . .' . � .. '.:. �. . .; .. , . . � . . . - � !� . . � � . .. �'. � � '. � . _ -� . � . : ' , , . ... ' .. . . , . ' . . . ' _ . � ; . , ,� . I ' ' �' .. � ' ,_ ' � .. � �� ' � ----------- � � � -. . -� � , ' .: , , � ' � _ � �. . � . J I' I . . . . . � , . � � � ., . . � � � . � . . , .. � �. . � . . . . . � .� ' �'. ��. � � � .� . . �\ � � � . .. . . .� .. . . . . :.�� . � .. � . - . - . .. �. t �.. � ' �- . . . �. � " • _ . , � . � .. : . . _ -.l' .�i-� �. . �� .�. . � '• . , � ' . ' , . � � � . .�. . � ; ,. .. 1 f . . . . . � � . . � � ' . . � , ' � I : . . � � � . . . . � . . . . .. . � . - �: ' i � � � � � " . � . .'. I . � . . � � . � _ � .. .. , . . . � � . . . . . �� , . , . ' � � . . _ � �� , � . . � . . ' � � . � � I� � . " � - , � � � . .. � . � . � f � � .. . . - . � � � . . . � . . � �. . . ' � � � . . � " . . . .. _ . � � . � � . � . . , - ' ., � . . �: � . � .� �, ' � . , . -� - - . . . : . . . , � . - � . , . . . . . , . _ SCH�Gl9L� i TO �Y-L.AW' 73J4/1 4�: , . ° ` . _ PASSED TH1S 1 5th . _. , - . . "DAYOFDecember 2014 � - . - � fl�A�'O f� `' . . � - CLERK - . , � - . 203 i � � � . ---� � �, � � � i . . i � . � i � -----�----+------- ' � �` ----------------=--I i _. � i � C � . = � --- ---=------==-- � ------ ' � ---------= � - r,-� _ i: ; `. � �. _ ' ,�---=-----=--=--===- C � : , --------=-- . . -------� . -- �. _ � , - . ,. � � � ,. � , . FINCH A�ENUE _ � � : - - -45.6 � ,- ' ' �: 1 : � . . . . I . . _ . • - I . � . . . 1 � .. . . . - . i . , . _i .. _ .� ' I . . � , . �� - � I �. I � . , � 1 _�. � � � I_. �.. . .�� , i , i , . . . �. . . . � � . . - � . . .. � . . � .. .. . • . � � - I ' . . � , . . � . . . � i , . - . _ � 1 .� . . � I � . . . . � � . � I . � . . . _ . . , � , � _ 1 . � . _ . . ' �� '� .. . � I I � I . . � � � 1 . � I �. .. . . "_ � . . . . , . . . .. . .. i . ( . . . ., _ . � . ..- . . � � � - M " i i _ . .. , . .. _ . � . .. . - . . . ' � . . � I . �' I 1 � . . , � . . . � � . . � . I � ' � � , °0 PLAN 566 LOT 6 � � ; � ,: . i 40R25868 PART 1& 2 � � � i �_ ; � i +. , i . . , � . i i i ,..� ,�. i , i i i i . i � , i � - � � . i � i i . . . i... � � i i � . i i, i i i ��.'� T4�.� � - i . ,.. � `� i i , � - . �. � � , I � 6; s a ' � � � �. i i cb• . � i , � , � � � � � � ,. � --=-�------------ 4-a � i-------=---------- � _ ---- ----L '., --_ .;. ' . , �------------ -� � i � . . � _ ' � • . . • � � _ � 'SCHEDIJLE 7� 00 BY-LAW �3J4/1, 4 � - PP,SSED l"HES 1 5th � . � . DAY �F December .2074 . _ � � f1/iAI��R � . . . . - .. CLERK . - . 204. - i i i i i i i i i i i � n �� . i � i i t i � i i i i i. ii � I 1 I I� . � I . I � �i . � I . I I � .I 1 ' I� I � I II . � . . ' . . - � - I.� 1� i I� I �- . I � � 1 1 I I :� I I� - ' , . � I 'i � 1 I� � I ' 1. . 1 I 1 1 � I. ' i II . � � . - . . . I I � I I I t' �- I � I i - . �I- - �1 - I. � ' 11 � . . � ' ' � . . I � I I � I . : I I - i � I - . I- � . I I I I-6 � � �. � � ' ' � ' � I � I � i I.� '-I . � f � I I I i� L � I � II � � � � , ' . � I I� I� 1 I I � I - 1 .� i i I � . I � 11� " . , . . . . . , - ' � . . I � I. � I , I - � 1' I I L 1 . �� 1 �. 'I - i �� II' . � . � � . . � . ' _ . � � �1 �� t � ��I � 'I I � 1 I I . I .i i� . .i . -� II -� � . . . . - . . . . . i �I I' � I � 1 1 � I� 1 I. I - I .�I ��.11 � . . ' . ' . � � �, . 1 � I � I � � I . - I � I � '- I. I : � � , � - �� , . . . . . . . � � �� - -L' .I •�I �. I 1 � i ` P .I ..'1 I � `I-� ( �11. � . � � � - . .. . . .� � �� I 1 � I I .I . � f - .I I �1� �� I � I 11 . .: . .. ' � 1 � . .I . 1 . I � I -: 1. I t � - I ` . i .''1. .I � II � � ' .. . . . . � I�. � I , �, I � ' �I ..1 ) , 1 I' i � 1 - .1�. � 1 - II ' � � � � �- - � ' '_'1__'1__ . . . ..� .... .,. ... . .._ ._ .. . ' . � : . . . � � 03.3 , .. _ - w . . _ > _ � � ', - - �2 - a � _ , Q � o _ - . � � � � � � � PLAN 388 PT LOT 2 - � 0 10 �� '� � CC) / ' : 4•c�7 %.b, i` . � .� � � � O . � 7 � .9 �--- --=- ----------= -------- _ _ _ , � . J � , : , �_ :. : � . Q - . � �- . . _ N. �CHED[�LE Iff TO �Y-L/�1N �39 4/ 1 4 _ . � 15th PASSEq THIS . DP,YOFCecerriber 2014 ' � , . 11�AY.C�R , _ CLERK ; . , . 205 . � , � i , i , -------- --�-------- - I . . . . � . , . � -------�-------- ---J-------- ____J_______'___J ' . � � . 1 ' : ' .. - - . . . . . .. . . � , � . . . . . . . . . . . . . . � � . . . . � � � . . . . , . . � . _ . . . . . i ' � � , . � _ i�. � , . .. . . . . . -"' I ' � . � . � . . , � . ' . , ' . . ' . _ . � � �� .. . . ' � . . . . . � � . . . . . � . . , . _ .. . , � � . � _ - . ... � . � � . . . � - . � � . 20.8 41.� cv -------� : , .' �6 " � - � � � . , o � r` � = , ' . c� - . � � . . . � . ., - � r . .. � - . . . . , . . . . . .. � . � . . � � . �. � . . _ 2.9 . 8.3 j , ' a�8.9 �4. � �.5 22.2 '12 9 S� � � � p _ �� Q { � � . N �; N---� � . > "' pP � '�g �,. , a , QR��1 P�E R � s:t ,. � � CON 1 i LOT 32 . � . 4 8169?ART3&4 . - --. , , ' $ Q: ��' . - O , ' . � FZ _ . � _ : � , FZ�� e 6.� � G 0 . � . . 2� 2 . , , �0� C` _ �, N - ` SCHEDIJLE �TO BY-LAW_. 7394-%1 4- � � . PASS�D TFiiS 1 �th . � DAY OF I� e•c e m b e r 2014 ' A�AYOR � �. � _ - , _ . C�ERK 206 ; . � � O� �� PI �K RING To: Debbie Shields City Clerk From Copy: Denise Bye � Supervisor, Property 8� Development Services Director; City Development Director, Corporate, Services 8� City So[icitor Subject: Request for Part Lot Control By-law Owner: Lebovic Enterprises Limited (Bradshaw) - Blocks 31 to 34, 45 and 46, Plan 40M-2479 File: PLC.40M-2479.8 � • November 20, 2014 In 2013, By-law 7321/13 was enacted and registered exempting Blocks 31 to 34, 45 and 46, Plan 40M-2479 from the part lot control provisions of the Planning Act, thus permitting the Owner to convey the individual dwelling units into private ownership. That by-law ezpires on December 31, 2014. . - . We have recently received notice from the Owner advising that, while some of the units will be conveyed into private ownership prior to the by-law expiry date, there are units scheduled to close after December 31, 2014. Accordingly, another Part Lot Control By-law is required to ensure legai conveyance of those units. Attached is a location map and a draft by-law, enactment of which wi[I exempt these lands from the part !ot control provisions of the Planning Act. This draft by-!aw is attached for the consideration of City Councif at i�s meeting schedufed for December 15, 2014. DB:bg Attachments Location Map Draft By-law 207 208 The Ct�rporation of the City of Pickering . By-1a�!v No. ° Being a by-law to exempt Blocks 31 to 34; 45 and 46, Flan 4QtV12479, from the part lot control provisions of the Planning Act. Whereas pursuant to the provisions of section 50(5j of �he PlanningAci, R.S.O. 1990, chapter P.13, as amended, the Gouncil of a municipality may by by-law provide that sec#ron 50(5) of the Act does not apply fo certain lands within a plan of subc�ivision designated in the by-1aw; Now therefore the Council of ihe Corporation of the City of Pickering hereby enacts as fotlows: 1. Section 5Q(5) of the Planning Act, R.S.O. 1990, chapter P.13, as amended shall cease to apply to Blocks 31 to 34, 45` and 46, Pian 40Nf-2�79. 2. 1 his by-!�w shall remain in force and effect for a period of one year from the date of the passing of this by-law and shaN expire on December 31, 2Q15. By-Iaw passed this 1�th day of December, 20�4. David Ryan, IVlayor Debbie �hields, Cifiy Clerk 209 .. - _,,,... -+ -= - �1� j�-: -- ...��;,,__ .._:,::.__� __ !�--; ;�:..:... ,,: , :- � -.,�� -:::::::--; �� .� To From Debbie Shields City Clerk Catherine Rose Chief Planner Copy: Manager, Development Review & Urban Design Subject: Amending By-law for Zoning By-law Amendment Application A 8/14 770661 Ontario Limited South Part of Lot 2, Concession 5, Part 4, Plan 40R-20466 City of Pickering Amending By-law 7399/14 Memo December 10, 2014 Statutory Public Meeting Not applicable Date (By-law to remove the "(H)" Holding Symbol) Planning & Development Not applicable Committee Date (By-law to remove the "(H)" Holding Symbol) Purpose and Effect of To remove the "(H)" Holding Symbol on Lots 1 and 2 of Draft By-1aw Approved Plan of Subdivision 18T-86013(R) to order construct a detached dwelling on each lot in accordance with the "ER" zoning provision (see attached draft plan of subdivision). Council Meeting Date December 15, 2014 __ Note On August 8, 2000, City Council passed a zoning by-law amendment to facilitate the development of 14 estate residential lots for detached dwellings and an open space block. This by-law� included an "(H)" Holding Symbol on Lots 1 and 2(see attached Draft Approved Plan of Subdivision) to prevent any new residential development from, occurring until such time as the Owner has satisfied the City and the Region of Durham that the agricultural Minimum Distance Separation - (MDS) assessment is carried out between the non-agricultural uses on Lots 1 and 2 and the chicken farm located to the west of the subject site. 210 Note (continued) The Owner's consultant has submitted a letter to the Region of Durham providing a detailed analysis to support that MDS is no longer applicable to Lots 1 and 2 because the existing barn located to the west of the subject site is incapable of housing livestock and is structurally unsound. The Region of Durham has advised that they are satisfied that the MDS calculation no longer applies and recommends that the "(H)" Holding Symbol be lifted on Lots 1 and 2 of Draft Approved Plan of Subdivision 18T-86013(R). � �/ � AY:Id J:�Documents�Developmenfl0.3300�2014W 0&14�14 - D2fl By-law Chart Memo to Clerks.docx Attachmenfs Approved Draft Plan of Subdivision By-law text By-law schedule December 10, 2014 Amending By-law 7399/14 Page 2 of 2 211 � Q O � � w J � � Q _---__ ��=.;=_ -�,:_•�o:--;: _�: ��;i�c�i�r .- -.. - .-.. - FIFTH CONCESSION ROAD � �o � RO Approved Draft Plan of Subdivision FILE No: A 08/14 APPLICANT: 770661 Ontario Limited PROPERTY DESCRIPTION: South Part of Lot 2, Concession 5, Part 4, Plan 40R-20466 FULL SCALE COPIES OFTHIS PLAN AREAVAILABLE FOR VIEWINGATTHE CITY OF PICKERING DATE• Se t 5, 2014 CI"fY DEVELOPMENT DEPARTMENT . � ' P ' The Corpor�tion of the City of Pickerfng - By-law No: 7399/14 Being � By=6a�v to an��end Restricted Area Zoning By-law 3037; as .. _ � amended, to implement the Official Plan of the City of Pickering, _ - RegioE� of Durham being So�ath Part of Lot 2, Cor�cessior�-5; . - � `� Part 4, Plan 40R-20466, Ci.iy of Pickering (A 8/14) - Whereas the Council of The Corparation of the City af'Pi�kering passed By-1aw 57,19/00 amentling By-law'3037; to. rezone the subject Iands being South Part of Lat 2, _ , , - Concession 5; Part 4; Plan 40R-20466 in the Gity of Pickering, to permif the , - ` developmerit�of 14 estate residentiai lots antl to protect and maintain various ,. 'environmen.taiF�i significant lar�ds as_ open space; . - - . , _ . ,. . , Arid "wfiereas By-iaw 5719/00 includes an "(H}" Holding Symbol preceding the '" - � `."E,R"Zone on Lofs 1.and:2 of DraftA�proved Plan-of Subdivisior� 18T-85D13(R), which;; : , li�� the effect of preventing th.e developmenfi.of a detached dweiling on each ofi Lots 1 - and 2 from �occurring until �.uch time as the Owner h�s satisfied the City, in consultafion ,", � ` with the Region of.Durha�n, that �h� agricuitural Nfir�imum Distance Separation, as set ,- out �y the Ministry of P,gPic,ulture; Food antl Rura! Affairs, provided befiween�non=: . . , agnculturai uses on those lands zoned`"ER" and lives#ock operations on other lands is. � _. � maint�ined; . . P,ntl wh�reas the Owner h�s made satisf�cfiory arrangements; to the City's s�tisfa�tion; ,, And whereas an amendment to amenaing By-1aw;5719/OO, to remove the "(H)" HoEding , 5yr.nb�l preceding the-"ER" Zone on Lots 1 and 2 of Draft Approved r�.lan of S�a�idivision � _ ' 18T-86Q13(R} �s therefore deemed appropriate, �, �ow,therefore tlie Council of The Co_rporati�n of-tfie City of Pickering hereby enacts as ._ ._ �, foilows: �. ; ' � , -.. .,, _ . . 1. �chedu�� r�en�n�ent . . , - Schedule E to �y-1av� 57,19/00 is, hereby amended by,-removmg the "(H)";�Iolding Syi�bol preceding the "ER" Zone �esiglia�ion on Lots 1 and 2 of Draft Approved � Plan o# Subdivision 18T-8G013(R) as set out on Schedule I atta�hed hereto , Text �m�nd _ . _ 2: ��nt � `Sectio�i 5:(4j of By-1aw 5719/00 is-hereby r�pealed. : , , _ .. . , , 3. ° e�r�a Re�tri��ed ; . - By-faw 3037; as amended by �y-1aw 5719/00 is hereby:further amended only to _ � fihe extenf necessary to'give effect to the provis�ans of this By-iaw as set out in ":. Sect�io� 2. above; and as set.out ir Schedule I attached hereto. Definitions and . , subjec# matter not specifi�ally dealt with in this By-law shall be governed,by tlie relevant provisions of By-1aw 3D37, as amended. 27 3 : By=1aw No. 7399/14 Page 2 . _ _ , 4: Effectiv� �ate , This By-1aw sha[i come into force in:accordance with the provisions-of the .- , __ Plannin Act - ` � 9' , _ '. By-1aw passed this:.15t": day of December, 2014. . _, , ; D , , . . ; : , avid: Ryan, Mayor . . , . : - - _ � , : Debbie ShiElds, Cify Clerk , . - .214 . _ , . , . .. . . . , . � 415.4m . E . � . . ' . � . - - ' .. � , . _ . " . . . . - � ' � . � � N - . . . . ' . � , . . . h . . . . . . . . . � . � - , ' � o . . _" .. ' . � . .. . . . � � . . . 3 48Jm � �. . . . . . , . . . . . . ... .. . . . . . '. . . . . . ' . ' ' ' . ' , ' 44.2m ' . . . . � . . . , . . . - QS-HL-EP(ND) 3 - , . �.� . ' .: . . . � . .. ' - - . . . E . . .' . . . . . . .. . . - . ' � -. ... ' '.,., . ' ' �. : .:. .' � : :.' 219.6m � . '. . _ . . .'..... .. . .. : .... : .. . . . . . � . ., . . . , ' . . . - . _ . � I .. . � . ' � ' � " ' .. 0 � ... � . � - .. Q � i , . , . _ , . .. . '. ... - .�.. � I � � . , . ., . . . . . . - . . � � �. " i07.6m . I ' . � ' _ . . , E OS-HL-EF E � _ . - .. n 713.Om �`�a � . � . .- " ' . . . . :. � � . . . . . . _. . , .. , � _ . . . � . . �is I . . . _ . _ . .. � . _ . - � � � � � � ,� � . . � ' . � � . . � _. . . .. � j . .. . .. .. . -. . ER �b _ . . . 3 ,g � . . . . . . � .. � . . . � �- 1 , , _ . .. . . � . . . . . . . . � � � _ ' . . ' . � ... . � . , .. , � . � ' � . � �v 2�5.4m � .. ' . . . � ' . . � . . � . . " . 18.3m� lg 4 7.4m� � . . . . , . � _ . . _ . . . m . . . . . .. •.. � ,.._ � , . . _. , . . .. . �� ,. .. � .. . � , .., . . .. . , .. , 3 ' . . � � ' . ' . ' . . . . . � . �. �. 18.3m � � _ - - .. . �� . . • ' . . . . 18.3m . � . � . . . � . , . , _ . . �m . ' .. . ' . . . � . . . . �- ` ER � : � � w , . � }a J e � . � � ' � . - � � . �".. . - . . �� . JNS E �' ' , . _ _ �. '.. - . � - ... . � , . . .. � . . . . . � . . � n � ^ ^ � . - , . . . . . . , . ... . � � N - O °' = m . . - _ � . . . ' Q � � . . . , . . .. . . h ER "�' n n ,E, ze.am OS-HL-EP(ND) . " , _ ER m ,., -.. . . .. � .. .�,: � ., .� . .�� ::� ' � ,�. � �m , . ' . -. , , , - . . 3 , � - ' m OS- > � ^F . , . . � � � . , . ' HL- �' h� .. ' - ' . .. . ,., . . � (ND)6.Sm m . ' . . . _ . ' � . . , . N ...- . � � � � � ... 69.8m 3 . � .. � . . ' . . .. . ' � .. . , F18.3m . - � . . ' . , . . . N . . � . ' - , . � � �� ' n� �N � ' O a �� e .. . � . . . ` �EJ m °g� �� `v . ' . � , . . "'_ �ER ' . _ . . n(� 3 � � � � " .. - � � 708.9m � ' - 70.Sm 131.Bm 12.tm � � � . .. 268.tm /� . . , � � : . . FIFTH CONCESSION ROAD (CLOSED) - _ . � . . -: .::, �. , . � . . �. � .'. . SEE SECTION 5.(2)(C) . .. , . � � , .. . - : �. . . � . . _ . . . . . - . , , .., ; � _. �.' �' ' � � �. - .� �. �.� • �.. � '� - � OF�-THIS BY—LAW -. : �� ,. � . . . , . . . . . . � . � - � " . � . �CFf��ULE I TO:��f�L�i�i 5719/00 . , �A@tl��DE� �Y �Y�9�i4�' 7399.%14 - � - , . ' . ' : , �A�S�� 0� 15th . �3�a`t(.OF ' December. �01� - " 215 • . `=�'= T �I�_.� I� - � „� Tuu�i � � . � � -. . ,� �� '-�-_-��.!�'"`� �- - •- 1 �' Public Report on Confidential Meetinq 5:15 pm In Camera Meeting of Council 216 ., , ,,,,._ _��._.- > �,u,� up� ., .._ � _--. � `'' �---�� Attendees: K. Ashe, City Councillor, Ward 1 O.Ekenkwo K. Mark M. Odle C. Reidt D. Marlowe, Staff Representative R. Michaud, Recording Secretary J. St. Amant, Staff Representative D. Shields, City Clerk Absent: A.Jacob C. Harper � � T. Ryce inutes/ eeting Summary Advisory Committee on Diversity Thursday, February 13, 2014 7 pm Main Committee Room, Pickering Civic Complex Item/ Details 8� Discussion & Conclusion Action Items/Status Ref # (summary of discussion) (include deadline as a propriate 1. Welcome & Introductions D. Shields D. Shields welcomed everyone and suggested roundtable introductions. 2. Review and A proval of Minutes All Moved by K. Ashe Seconded by O. Ekenkwo That the minutes of the December 12, 2013 and January 9, 2014 meetings be approved. Carried 3. New Vision for Committee � D. Shields Open discussion regarding the mandate of the Committee. Suggestions were made at the January meeting by Committee members that the Committee needs to refocus on the mandate and determine what role the Committee should be playing iri meeting the needs of the community. A discussion period ensued and it was decided that the Committee would concentrate on interacting with individual groups to gather feedback on what the Committee's mandate should be directed at or whether a communit roup should be Page 1 of 3 Item/ Details 8�' Discussion` 8� Conclusion ` Action Items/Status Ref # (summary of discussion) (include deadline as a ropriate set up consisting of numerous community groups under one umbrella. Over the next few months the Committee will develop a mechanism to engage these groups, obtain input from them, conduct a forum inviting them to meet with the committee to get feedback on their role in the community. Committee members were asked to forward questions to the Clerk's Office to be compiled into a short survey and reviewed at the next meeting. The Committee agreed to hold "Coffee House" type sessions with the various groups over the next few months to gather feedback. 4. Other Business All Heritage Day — Saturday, February 22, 2014 J. St. Amant provided an update on the event which will be held at the Pickering Town Centre from 11 am to 5 pm: • All 12 booths are full with performers, from singers to dance groups • Mayor's Greeting is scheduled for 1:30 pm • Committee members are encouraged to attend to view, the performances, circulate and interact with the participants. Update from [YOU]nity group Lamiya Ahmed and Jennifer Morrow provided an update on the group's activities: • Coffee House was a great event with poets, spoken words and singers • March Break Camp planning is ongoing, lots of games and activities • Culture Night to be held in May, to include entertaining performances • Heritage Day participation to promote camps and events Page2of3 Item/ Details & Diseussion & Conclusion Action Items/Status ` Ref # (summary of discussion) (include deadline as appropriate) • Recruitment to ensure succession plan to train new volunteers • Outreach to other schools to sign up • Focus is on creating awareness for diversity/equality and also provide oppression and poverty information • Interested in developing a mentor/mentee program D. Shields hoped they would attend regular meetings and also asked that they let the committee know how the Committee can support their initiatives further. February is Black History Month A"Tea and Talent" event is being held at the Pickering Public Library on Sunday; February 23�d from 1:30 to 4:30 pm. Diversity Forum Scheduled for Wednesday, March 26t" from 7 to 9 pm. Complete details to be provided at the next meeting. 5. � Next Meeting The next meeting is scheduled for March 13, 2014 in the Main Committee Room, First Floor, Pickering Civic Complex. Meeting Adjourned: 8:35 pm Copy: City Clerk � Page 3 of 3 ., --. ,,,,, -�� - -- - �-, - ,,�-,��= -- —• � ,s�� ,� �-- �ll-� ��!�. Minutes Waterfront Coordinating Committee April 15, 2014 , 7:00 pm Main Committee Room Attendees: Councillor Dickerson • Councillor O'Connell . J. Berry K. Corcoran J. Dike M. Robbins P. Short-Galle J. Veronneau � S. Wiley A. Mostert, Senior Coordinator, Landscape & Parks Development N. Gaffney, TRCA L. Roberts, Recording Secretary Absent: Also Present Item/ Ref # 1.0 2.0 K. Falconer B. Skitch Details & Discussion & Conclusion (summary of discussion) Welcome & Introductions A. Mostert welcomed everyone to the meeting Agenda & Minutes Moved by Councillor Dickerson Seconded by J. Dike That the agenda be approved as presented. Carried Moved by J. Dike Seconded by J. Veronneau That the Minutes of the November 21, 2013 meeting of the WaterFront Coordinating Committee be approved. Carried CORP0228-2/02 Action Items/Status (include deadline as appropriate) Page 1 Item / Details & Discussion & Conclusion Action Items / Status Ref # (summary of discussion) (include deadline as appropriate) 4.0 Business Arising from Minutes 4.1) Signage A. Mostert noted that the City of Pickering has been looking into arrangements with Captains Walk for additional parking to alleviafe the parking concerns at the base of Liverpool Road. S. Wiley noted the residents in the area had raised a number of concerns and suggested that the City conduct a study along the waterfront to determine an inventory of parking that is currently available, what the issues are, revenues, as well as comparisons with other municipalities. He stated there should be a coordinated plan for parking along the waterfront, and questioned the possibility of University students assisting with the study. Councillor O'Connell noted residents may be unaware of where to go for additional parking and suggested advertising opportunities be investigated. Discussion ensued with respect to promotion, possibly the community page in the local paper, through other events such as waterfront concerts, etc. Moved by J. Dike Seconded by S. Wiley That staff be requested to pursue the possibility of a study being done on the parking concerns along the waterfront trail in order to make recommendations on options for future consideration. Carried 4.2) 2014 Workplan A. Mostert reviewed the items currently listed on the 2014 work plan. The items were reviewed and discussions ensued with respect to which events and projects to focus on for 2014, and which to delete. Revisions will be made in order to forward to Council for information. Copies of the previous Work plan outli�ing the Committee's achievements and ongoing projects were available for members. Page 2 CORP0228-2/02 Item / Details & Discussion & Conclusion Action Items / Status Ref # (summary of discussion) (include deadline as appropriafe) 5.0 Discussion ensued with questions raised regarding the shoreline conditions and the exposed steel in the beach area. N. Gaffney noted that this would be looked after. She also noted she would follow up on the tree plaque installation at Progress Frenchman's Bay East Park. A. Mostert noted he would follow up on the safety equipment as well. Councillor Dickerson questioned whether the posts sticking up ' in the marsh at the north end of the Bay from the West Shore Community Centre could be looked into, as they are unsightly. N. Gaffney will check on this and get back with options. Moved by P. Short Galle Seconded by J. Dike That the 2014 work plan be accepted as revised. Carried New Business 5.1) 2013 Annual Report A. Mostert reviewed the 2013 annual report. Moved by Councillor O'Connell Seconded by J. Dike That the 2013 annual report include the addition of continuation of updates on the Eurasian Water Milfoil weed. Carried A. Mostert provided a brief update on ttie Frisco Road closure. Ownership of the lands as well as agreements were questioned, and A. Mostert noted he would follow up on this, as he was not aware of there being any issues in this regard. Moved by P. Short-Galle Seconded by J. Dike That the 2013 annual report be approved as amended. Carried Page 3 CORP0228-2/02 Item / Details & Discussion & Conclusion Ref # (summary of discussion) 5.2) Frenchman's Bay Harbour Entrance A. Mostert provided an update on the current status of the work being conducted at Frenchman's Bay harbor entrance. Through the aid of a power point presentation, he provided members with a number of photos showing the progression of work completed to date, including channel dredging, habitat restoration works, fishing nodes and the boat dock for the pontoon boat. He noted discussion would need to take place with respect to winter access. Discussion period ensued with respect to completion timelines, the routes for construction traffic and the temporary bridge. It was noted that adequate pedestrian traffic would be maintained separate from the construction traffic. A: Mostert noted the project was on time and on budget, stating that 5.3 million of the 9 million has been spent to date. Questions were raised with respect to how the residents were being informed with respect to construction traffic. J. Berry stressed the need for the public to be kept informed with what is taking place as well as the need for them to comment prior to doing anything. N. Gaffney noted that information goes out to the public through the monthly newsletter. Other methods of public notification were also discussed, such as placing notices in the community page of the local newspaper as well as signage. Councillor O'Connell also noted the need for public consultation through public meetings. 5.2) Linton Farmhouse Restoration & Washroom Addition A. Mostert provided an update on the Linton Farmhouse restoration. Through the aid of a power, point presentation, he provided members with photos showing the foundation, formwork, expanded parking lot, waterproofing of the foundation walls, masonry work and roofing on the washroom addition. He noted that once a use has been determined for the building, the interior would be renovated. He also stated it is currently ready for new windows and doors and noted that the timeline for completion would be mid to end of June. CORP0228-2/02 Action Items / Status (include deadline as appropriate) Page 4 Item / Details & Discussion & Conclusion Ref # (summary of discussion) 6.0 7.0 5.3) Eurasian Water-Milfoil J. Dike provided members with an update on the Eurasian Water Milfoil weed. He provided a brief history, noting the creation of their organization "The Allies of Frenchman's Bay Association". He noted they have done research on various control methods, monitored aquatic growth, prepared a management strategy which represents the opinions of the organizatione They have also developed a communications plan which included media releases, networking with the Township of Scugog, as they are experiencing the same problems. They also have a website, and have written letters to area MPs, Councils, and have attended meetings with senior staff. He noted that Council has approved the budget request. A. Mostert confirmed that a report would be going forward in May, 2014 to release the grant money. J. Dike noted they had conducted a test site in August, 2013, but won't know the results until the temperatures increase. He did note that they are continuing to look into other methods in order to control the weed. Other Business 6.1) S. Wiley questioned whether the Committee would be receiving an update on the Stormwater Master Plan. He noted he had obtained a copy of the plan, and questioned whether a delegation could speak to the recommendations in the plan. A. Mostert noted he would be contacting M. Gadzovski on her availability to attend the next meeting. 6.2) J. Dike advised that he has contacted Dr. Patricia Chow- Fraser from McMaster University and is looking irito having one of her students work with TRCA, to update the 2003 study that she and Nicholas Eyles had done on Frenchman's Bay, in order to get current baseline data. 6.3) N. Gaffney noted TRCA would be holding an Earth Day event on April 26tn. ournment/Next Next Meeting: June 19, 2014 CORP0228-2/02 Action Items / Status (include deadline as appropriate) Page 5 Item / Details & Discussion & Conclusion Ref # (summary of discussion) Meeting Adjourned: 8:30 pm Copy: City Clerk CORP0228-2/02 Action Items / Status (include deadline as appropriate) Page 6 :.fi „ _- � ,�,,.. � �� = � � �� -�� .i: - �` � Present: Tom Copeland David Johnson — Chair Eric Newton Also Present: Ashley Yearwood, Planner II Lesley Dunne, Assistant Secretary-Treasurer Absent: Bill Utton Shirley Van Steen — Vice-Chair (I) Adoption of Age�nda Moved by Eric Newton Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, September 3, 2014 7:03 pm Main Committee Room That the agenda for the Wednesday, September 3, 2014 meeting be adopted. Carried Unanimously (II) Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland That the minutes of the 11th meeting of the Committee of Adjustment held Wednesday, August 13; 2014 be adopted. Carried �Unanimously Page 1 of 10 �I11) ;� .. - ,�� „_m. i�a, .. �� ._ �: : .. �.:, �- �.�� i:�� ` — ;�=_"� �� ...:r:::.::�:•� � 7 �� l:L � � Re po rts P/CA 75/14 C. Sewell 663 Front Road Committee of Adjustment Meeting Minutes Wednesday, September 3, 2014 � 7:03 pm Main Committee Room The applicant requests relief from the following provisions of Zoning By-law 2511, as amended: � • to recognize a partially constructed accessory building (shed) greater than 1.8 metres in heighf setback a minimum of 0.4 of a metre from the rear lot line; whereas the by-law requires accessory structures greater than 1.8 metres in height to be setback a minimum of 1.0 metre from all lot lines • to permit a maximum lot coverage for all accessory buildings of 6 percent of the total lot area; whereas the by-law permits a maximum lot coverage of 5 percent of the total lot area for all accessory buildings and, • to permit a maximum lot coverage of 34 percent for all buildings and structures; whereas the by-law permits a maximum lot coverage of 33 percent for all buildings and structures . The appli.cant requests approval of these variances in order to obtain a building permit to construct an accessory building (shed) in the rear yard. The Planner Il outlined the staff recommendation from the City Development Department recommending the application be deferred. Written comments were received from the City's Engineering & Public Works Department expressing no concerns. Written comments were also received from Krista Yates of 602 Annland Street expressing concerns with the accessory building (shed) is too close to the property line and the impact on resale and development of her property. Chris Sewell, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Chris Sewell indicated he will be submitting emails of support and provide pictures of structures in the surrounding neighbourliood at the next Committee meeting. Chris Sewell also noted he has no problem working with City staff to address concerns. Page 2 of 10 2 �� . . ---- ,+ �= ,,,,.��_� � , ,� �-�,`�. . ��./ � I� J Moved by Tom Copeland Seconded by Eric Newton Corromittee of Adjustrnent Meeting Minutes �r-. .. -. .- � � �. Main Committee Room That application P/CA 75/14 by C. Sewell; be Deferred until the next meeting to allow the owner to work with City staff to ensure there is adequate space available for maintenance, the eaves/overhangs does not encroach on adjacent properties, that the roof drainage stays on the subject property, and there is no negative impact on abutting properties. Carried Unanimously P/CA 76/14 B. Muere 275 Butternut Court The applicant requests relief from Zoning By-law 3036, as amended by By-law 4229/93: • to permit an existing platform (deck) to have a revised south yard setback of 0.6 metres, whereas the by-law permits a minimum south yard setback of 4.0 metres; and to permit an existing accessory structure (shed) in the south yard; whereas the by-law does not permit any freestanding accessory structures in any yards The applicant requests approval of these variances in order to obtain zoning compliance for an existing partially covered platForm (deck) and for an existing accessory structure (shed) within the south yard. The Planner II outlined the staff recommendation from the City Development Department recommending refusal for the existing accessory structure (shed) and approval for the existing platForm (deck) subject to conditions. Edgardo Muere, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Page 3 of 10 ��. ., -= //IIV •- ^ A � 4_ �- a�;�� =;:�;;�°�-- ,�— ;"' -��,:`�� _ � Moved by Tom Copeland Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, September 3, 2014 7:03 pm Main Committee Room That application P/CA 76/14 by B. Muere, be Refused on the grounds that the existing accessory structure (shed) in the south yard is a major variance that is not desirab(e for the appropriate development of the land, and not in keeping with the general intent and purpose of the Zoning By-law. and that application P/CA 76/14 by B. Muere, be Approved on the grounds that th�e existing platform (deck) to have a south yard setback of 0.6 metres 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 condition: 1. That the variance apply only to the existing platform (deck), as generally sited and outlined on the applicant's revised plans dated August 27, 2014. Carried Unanimously 3. P/CA 77/14 A. & D. North 886 Antonio Street The applicant requests relief from Zoning By-law 2511, to permit a minimum north side yard width of 0.7 of a metre to an unenclosed covered carport, whereas the by-law requires a minimum side yard width of 1.5 metres. The applicant requests approval of this variance in order to obtain a building permit to construct an unenclosed covered carport. • The Planner II outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Debra North, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Page 4 of 10 .��. „ -- � � /d/1\�� ` ` = � ��_r �! � r �.� , _." . � ' Moved by Eric Newton Seconded by Tom Copeland Committee of Adjustment Meeting Minutes 11-• •. -• •- 1 '�' 1 • Main Committee Room That application P/CA 77/14 by A. & D. North, be Approved on the grounds that the reduction in north side yard width to 0.7 of a metre to an unenclosed covered carport 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 applies only to the unenclosed covered carport, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by September 2, 2016, or this decision shall become null and void. Carried Unanimously 4. P/CA 78/14 S. Torok (K. David) 1829 Appleview Road The applicant requests relief from Zoning By-law 3036, as amended by By-law 2423/87, to permit a revised minimum south side yard width of 1.2 metres and to recognize an existing north side yard width of 2.4 metres, whereas the by-law requires minimum side yard widths of 1.8 metres and 3.0 metres, respectively. The applicant requests approval of these variances in order to construct a. two-storey addition within the south side yard. The Planner II outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering & Public Works Department indicating the revised siting of the proposed addition will provide for adequate grading and drainage. Written comments were also received from Nuteck Homes Ltd. expressing no objections to the applicant's revised proposal. Kendell David, owner, and Sean Doust, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question, Sean Doust explained the revised plans include two windows on the south side as recommended by City staff. He also submitted a letter of support from Nuteck Homes Ltd. Page 5 of 10 5. :� ., __ =-m` � � ;�� °?iiro��.-� _, _,�� ,, � i`::, �::� � � Moved by Tom Copeland Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, September 3; 2014 7:03 pm Main Committee Room That application P/CA 78/14 by S. Torok (K. David), be Approved on fihe grounds that the revised minimum south side yard width of 1.2 metres and a north side yard width of 2.4 metres are minor in nature, that are desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed two-storey addition, as amended and as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by September 2, 2016, or this decision shall become null and void. Carried Unanimously P/CA 79/14 A. & J. McDermott 1592 Deerhurst Court The applicant requests relief from Zoning By-law 3036, as amended by By-law 4502/94, fo permit an uncovered platform (deck) and steps not exceeding 2.75 metres in height above grade to project a maximum of 1.2 metres into the required rear yard; whereas the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required rear yard. The applicant requests approval of this minor variance application in order to obtain a building permit to construct an uncovered deck and steps within the required rear yard. The Planner II outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Alan & Jessica McDermott, owners, were present to represent the application. No further representation was present in favour of or in objection to the application. Page 6 of 10 � � �� . , __: _w ,.,,. �i�� , �� i � � �i � �� . _`,' Moved by Eric Newton Seconded by Tom Copeland Committee of djustment L1lleeting Minutes ' � �. ' ! i•' � !�I � � ! ' `•!J� That application P/CA 79/14 by A. & J. McDermott, be Approved on the grounds that an uncovered platform (deck) and steps not exceeding 2.75 metres in height above grade to project a maximum of 1.2 metres into the required rear yard is minor in nature that is desirable for the appropriate development of the land, and in keeping with the general�intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance applies only to the proposed uncovered platform (deck) and steps as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by September 2, 2016, or this decision shall become null and void. Carried Unanimously P/CA 80/14 C. Duggan 722 Front Road The applicant requests relief from the following provisions of Zoning By-law 2511, as amended: • to permit a minimum front yard depth of 6.2 metres; whereas the by-law permits a minimum front yard depth of 7.5 metres • to permit a covered porch to project a maximum of 2.0 metres into the required front yard; whereas the by-law permits uncovered steps or platform not exceeding 1.0 metre in height above grade to project 1.5 metres into the required front yard � • to permit a minimum side yard width of 1.2 metres where a garage is erected as part of a detached dwelling; whereas the by-law permits a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling • to permit a maximum lot coverage of 38 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 detached dwelling on the lot. Page 7 of 10 �� ., =- _A _,,,,. .: - _ ,-i � �:. °= �_ -�t .� �::�::�� , •A= ; � , �=71 ;�;`,,:::: ',:, � Committee of Adjustment Meeting Minutes Wednesday, September 3, 2014 7:03 pm Main Committee Room The Planner Il outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering & Public Works Department expressing no concerns. Written comments were also received from the City's Building Services indicating the owner will need to demonstrate compliance with the Ontario Building Code spatial separation requirements through calculations and drawing submission at the time of the building permit application. Chris Duggan, owner, was present to represent the application. Cameron McKinnon of 720 Front Road was present in favour of the application. Moved :by Eric Newton Seconded by Tom Copeland That application P/CA 80/14 by C. Duggan, be Approved on the grounds that the minimum front yard depth of 6.2 metres, a covered porch projecting a maximum of 2.0 metres into the required front yard, a minimum side yard width of 1.2 metres where a garage is erected as part of a detached dwelling and a maximum lot coverage of 38 percent are 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 detached dwelling, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by September 2, 2016 or this decision shaU become null and void. Carried Unanimously 7. P/CA 81 /14 J. & J. Lianza 566 Laurier Crescent The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 1289/81: • to permit a partially covered platForm (deck) to project a maximum of 2.9 metres into the required rear yard and 0.5 of a metre into the required south side yard; whereas the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required rear yard and not more than 0.6 of a metre in any required side yard Page 8 of 10 :� . < _-� ,,,,, _�_� � w"' "�� _ , .� �� _�� l::: _�`... � Committee of Adjustment Meeting Minutes Wednesday, September 3, 2014 7:03 pm Main Committee Room • to permit a maximum lot coverage of 39 percent; whereas the by-law requires a maximum lot coverage of 38 percent The applicant requests approval of these variances in order to obtain a building permit for a partially covered platform (deck) within the rear and interior side yard and to recognize an existing uncovered deck in the rear yard. The Planner II outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Robert Reid, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from the Committee, Robert Reid explained that the roof will be slanted with no living space above and the deck will not be enclosed. Moved by Tom Copeland Seconded by Eric Newton That application P/CA 81/14 by J. & J. Lianza, be Approved on the grounds that the maximum projection of 2.9 metres into the required rear yard and 0.5 of a metre into the required south side yard for a partially covered platForm (deck) and a maximum lot coverage of 39 percent are be minor in nature that ar.e 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 partially covered platform (deck) as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by September 2, 2016 or this decision shall become null and void. Carried Unanimously Page 9 of 10 ro.� ., =- _ ,, —.,,,,. � � -�I ` –V:.i>.-`= -��.,—� --�i� –_--: ';,_.--- _: � � –�;�i:: ,-::,:;,=� � • ' (IV) Adjournment Moved by Eric Newton Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, September 3, 2014 7:03 pm Main Committee Room That the 12th meeting of the 2014 Committee of Adjustment be adjourned at 7:41 pm and the next meeting of the Committee of Adjustment be held on Wednesday, September 24, 2014. Carried Unanimously �� Date ,� J � Chair ; �;�� i�? ��% � Assistant Secretary-Treasurer Page 10 of 10 RS�', ,, - ,,,,,,, _ . ,�_ ��,.� i_ � ' , _ ��- s �W�W a, -�,� .... :::■ .� Present: David Johnson — Chair Eric Newton Bill Utton Shirley Van Steen — Vice-Chair Also Present: Melissa Markham, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Absent: Tom Copeland (I) Adoption of Agenda Moved by Bill Utton Seconded by Eric Newton Com ittee of Adjustment Meeting Minutes Wednesday, September 24, 2014 7:02 p Main Committee Room That the agenda for the Wednesday, September 24, 2014 meeting be adopted. Carried Unanimously (II) Adoption of Minutes Moved by Eric Newton Seconded by Bill Utton That the minutes of the 12th meeting of the Committee of Adjustment held Wednesday, September 3, 2014, 2014 be adopted as amended: Carried Page 1 of 17 ,,—.,,.. =--= * __ -��:. --- �_ �� c�,� .s::lis!_.= , ,�—_-� .� : ��.... � ' .... �3 _.�•' �1�.;.. ; ;� _ — � � (III) Reports 1. Tabled at the July 23, 2014 meeting P/CA 68/14 to P/CA 71/14 — Revised Nuteck Homes Ltd 1825 1827 Appleview Road Moved by Shirley Van Steen Seconded by Bill Utton Committee of Adjustment Meeting Minutes Wednesday, September 24, 2014 7:02 pm - Main Committee Room That applications P/CA 68/14 to P/CA 71/14 be lifked from the table. Carried Unanimously P/CA 68/14 (Proposed Retained Lot — Appleview Road) The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot frontage of 15.2 metres and a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum lot frontage of 18.0 metres and a minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling. The applicant requests approval of four minor variance applications, to create three additional lots (two fronting onto Appleview Road and two fronting onto Heathside Crescent) through the Region of Durham Land Division Committee, in order to permit a detached dwelling on the retained parcel and on each of the proposed severed parcels. The Secretary-Treasurer outlined the staff recommendations from the City Development Department recommending approval subject to conditions. Sarah & Cesare Molinaro, owners, were present to represent the application. Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 68/14 by Nuteck Homes Ltd., be Approved on the grounds that the minimum lot frontage of 15.2 metres and a minimum side yard widfh of 1.5 metres, where a garage is erected as part of a detached dwelling on the proposed retained parcel are 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: Page 2 of 17 ��: , , �� . ,.,�.. ;�� — r,� � � �: � � —,� � 3 --��.`.::. / ' Committee of Adjustment Meeting Minutes ' • • . ' •; f' � � � � • Main Committee Room That these variances apply only to the proposed lot configuration for the proposed retained parcel, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains final clearance for a future land severance to create the proposed retained parcel by December 18, 2015, or this decision shall become null and void. 3. That the applicant obtain a building permit for the proposed construction on the proposed retained parcel by September 23, 2016, or this decision affecting the reduced side yard widths shall become null and void. Carried Unanimously P/CA 69/14 (Proposed Severed Lot — Appleview Road) The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot frontage of 15.2 metres and a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum lot frontage of 18.0 metres and a minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling. The applicant requests approval of four minor variance applications, to create three additional lots (two fronting onto Appleview Road and two fronting onto Heathside Crescent) through the Region of Durham Land Division Committee, in order to permit a detached dwelling on the retained parcel and on each of the proposed severed parcels. The Secretary-Treasurer outlined the staff recommendations from the City Development Department recommending approval subject to conditions. Sarah & Cesare Molinaro, owners, were present to represent the application. Moved by Eric Newton Seconded by Bill Utton That application P/CA 69/14 by Nuteck Homes Ltd., be Approved on the grounds that the minimum lot frontage of 15.2 metres and a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling for the proposed severed parcel are 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 Zo.ning By-law, subject to the following conditions: Page 3 of 17 ��ty o¢� Committee of Adjustment �� Meeting Minutes PI- � T�7 �� Wednesd�ay, September 24, 2014 1\►11 V 7:02 pm Main Committee Room That these variances apply only to the proposed lot configuration for the proposed severed parcel, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains final clearance for a future land severance to create the proposed severed parcel by December 18, 2015, or this decision shall become null and void. 3. That the applicant obtain a building permit for the proposed construction on the proposed severed parcel by September 23, 2016, or this decision affecting the reduced side yard widths shall become null and void. Carried Unanimously P/CA 70/14 (Proposed Severed Lot— Heathside Crescent).- Revised The applicant requests relief from Zoning By-law 3036, as amended, to permit a. minimum lot frontage of 14.3 metres and a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum lot frontage of 18.0 metres and a minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling. The applicant requests approval of four minor variance applications, to create three additional lots (two fronting onto Appleview Road and two fronting onto Heathside Crescent) through the Region of Durham Land. Division Committee, in order to permit a detached dwelling on the retained parcel and on each of the proposed severed parcels. The Secretary-Treasurer outlined the staff recommendations from the City Development Department recommending approval subject to conditions. . Written comments were received from the City's Engineering & Public Works Department indicating they are satisfied with the revised plan identifying preliminary grading and drainage, and location of driveway entrances. Sarah & Cesare Molinaro, owners, were present to represent the application. Jim Cushnie of 1610 Heathside Crescent was present in objection to applications P/CA 70/14 and P/CA 71/14. Page 4 of 17 �z, ,, _� ,,,,.. _ �, ��' s —� � = . �; °.:i s �„` ' ' / � ' , Committee of Adjustment Meeting Minutes 11'-• ,•. -• •- % 1-%' 1 • Main Committee Room Sarah Molinaro indicated she has worked with the City's Engineering & Public Works staff and other agencies to address concerns regarding driveway entrances, the future grading and drainage of the proposed lots, mailbox location, snow storage and the existing light standard. She stated Canada Post has indicated the existing community mailbox on Heathside Crescent will have to be relocated beside the existing community mailbox located at 1599 Heathside Crescent. She also stated that the existing light standard will remain on the property, but will be relocated slightly if there are conflicts with the proposed driveway locations. She stated that existing side yard setbacks along Heathside Crescent are 1.2 metres and the applications are for a minimum 1.5 metre side yard setback. Jim Cushnie was present to represent the concerns of residents along Heathside Crescent. He expressed concerns that the proposed lots are not in keeping with the existing streetscape along Heathside Crescent and the reduction in lot frontages is not minor in nature. He stated many concerns such as: safety, lack of on-street parking, snow storage, re-location of community mailbox and street light, the proposed distance between driveways and concern with the excavation during construction. In response to the concerns of residents Sarah Molinaro indicated that the driveway widths had been reduced in width to accommodate the alignment at the boulevard. She also mentioned that the lot coverage on the proposed lots is lower than what is permitted. A Committee member asked for c(arification in regards to the relocation of the community mailbox and how lot frontage is calculated. The Secretary-Treasurer provided a response to the Committee members. Moved by Bill Utton Seconded by Shirley Van Steen That application P/CA 70/14 by Nuteck Homes Ltd., be Approved on the grounds that the revised minimum lot frontage of 14.3 metres and a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling for the proposed severed parcel are 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: Page 5 of 17 �:A; , , �� _„�n � � ��.� ��: - � � _::�:;::_�._, — i�� :� � ,3 ��- :.:::::::::::::::::, � � Committee of Adjustment Meeting Minutes Wednesday, September 24, 2014 7:02 pm Main Committee Room That these variances apply only to the proposed lot configuration for the proposed severed parcel, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains final clearance for a future land severance to create the proposed severed parcel by December 18, 2015, or this decision shall become null and void. 3. That the applicant obtains a building permit for the proposed construction on the proposed severed parcel by September 23, 2016, or this decision affecting the reduced side yard widths shall become null and void. Carried Vote David Johnson in favour Eric Newton opposed Bill Utton in favour Shirley Van Steen in favour P/CA 71/14 (Proposed Severed Lot — Heathside Crescent) — Revised The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot frontage of 14.4 metres and a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum lot frontage of 18.0 metres and a minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling. The applicant requests approval of four minor variance applications, to create three additional lots (two fronting onto Appleview Road and two fronting onto Heathside Crescent) through the Region of Durham Land Division Committee, in order to permit a detached dwelling on the retained parcel and on each of the proposed severed parcels. The Secretary-Treasurer outlined the staff recommendations from the City Development Departrrient recommending approval subject to conditions. Written comments were received from the City's Engineering & Public Works Department indicating they are satisfied with the revised plan identifying preliminary grading and drainage, and location of driveway entrances. Page 6 of 17 , � :=- _* ,,,�. --��r� — �_ �� ?�- � 3-Il�-� L...'.-:°:::; ' . ~ ' Cornrnittee of Adjustment Meeting Minutes -• •. -• •- �' 1 �' 1 • Main Committee Room Sarah & Cesare Molinaro, owners, were present to represent the application. Jim Cushnie of 1610 Heathside Crescent was present in objection to applications P/CA 70/14 and P/CA 71/14. The comments of the residents were presented with application P/CA 70/14. Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 71/14 by Nuteck Homes Ltd., be Approved on the grounds that the revised minimum lot frontage of 14.4 metres and a minimum side yard widtfi of 1.5 metres where a garage is erected as part of a detached dwelling for the proposed severed parcel are 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 lot configuration for the proposed severed parcel, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains final clearance for a future land severance to create the proposed severed parcel by December 18, 2015, or this decision shall become null and void. 3. That the applicant obtains a building permit for the proposed construction on the proposed severed parcel by September 23, 2016, or this decision affecting the reduced side yard widths shall become null and void. Vote David Johnson Eric Newton Bill Utton Shirley Van Steen in favour opposed in favour in favour Carried Page 7 of 17 . , -_ _.,,,.. � � -_ � ��::�;:�_ � �_ : �----� ,:,_r, --,.-�.-== . ;�;—� I.i - —: : — � :,� �y .s: �``:::�:::::::..:::� � _ � � Committee of Adjustment Meeting Minutes Wednesday, September 24, 2014 7:02 pm Main Committee Room 2. Deferred at the September 3, 2014 meeting P/CA 75/14 — Revised C. Sewell � 663 Front Road The applicant requests relief from the following provisions of Zoning By-law 2511, as amended: • to permit a maximum lot coverage for all accessory buildings of 6 percent of the total lot area; whereas the by-law permits a maximum lot coverage of 5 percent of the total lot area for all accessory buildings, and • to permit a maximum lot coverage of 34 percent for.all buildings and structures; whereas the by-law permits a maximum lot coverage of 33 percent for all buildings and structures The applicant requests approval of these variances in order to obtain a building permit to recognize an accessory building (shed) to remain in the rear yard. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending refusal. Written comments were received from the City's Engineering & Public Works Department indicating the revised siting of the proposed shed will provide adequate grading and drainage. Written comments were received from J. Maingot of 665 Front Road, J. & K. Avis of 595 Annland Street and M. & M. Metcalfe of 667 Front Road indicating no objection to the applicant's proposal. Additional comments received from K. Yates of 602 Annland Street indicating no objection to the applicant's revised proposal. Chris Sewell, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Chris Sewell advised the Committee that he would be relocating the shed to the required 1.0 metre setback from property lines. In regards to the increase in coverage he provided pictures of large accessory structures in the surrounding nieghbourhood for the Committee to review. In response to questions from the Committee, Chris Sewell indicated he does not have a garage and the shed will be used for storage of seasonal equipment. In response to a question from the Committee, staff indicated that the shed would have to be reduced by 4.0 square metres to comply with the zoning by-law requirements. Page 8 of 17 3 ,� _= �' ,,,,,. _ . ��,�� _ � :�, .� , 3 - -� � --: . :...... � �� Committee of djustment Meeting Minutes ir-. .. -. .- , � , � . • - '�r The applicant stated that the shed has been constructed, excluding siding and eaves troughs. The applicant agreed to install eaves and downspouts on the shed and to erect a fence to screen the structure from the adjacent property. Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 75/14 by C. Sewell, be Approved on the grounds that the maximum lot coverage of 6 percent for all accessory structures and a maximum lot coverage of 34 percent for all buildings and structures are 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 accessory structure (shed), as generally sited and outlined on the applicant's revised submitted plans. 2. That the applicant obtain a building permit for the proposed construction by March 27, 2015, or this decision shall become null and void. Carried Unanimously P/CA 82/14 S. Jamieson & K. Nakamura 1779 Silverthorn Sauare The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 1493/82: to permit a canopy to project a maximum of 3.6 metres into the required rear yard; whereas canopies are not permitted to encroach into the required rear yard, and • to permit a maximum lot coverage of 40 percent for all buildings and structures; whereas the by-law permits a maximum lot coverage of 38 percent for all buildings and structures The applicant requests approval of these variances in order to obtain a building permit to construct an accessory building (shed) and a canopy in the rear yard. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Page 9 of 17 Q //III. `'l A =- . ..� `�-:: � ,,�� —�;,�=!� _.::�;;~:_�__ . ,'� � ; �" s - ��.::�::; 1 � Committee of Adjustment Meeting Minutes Wednesday, September 24, 2014 7:02 pm Main Committee Room Shawn Jamieson & Keiko Nakamura, owners, were present to represent the application. No further representation was present in favour of or in objection to the application.. Moved by Bill Utton Seconded by Eric Newton That application P/CA 82/14 by S. Jamieson & K. Nakamura, be Approved on the grounds that the proposed canopy projecting a maximum of 3.6 metres into the required rear yard and a maximum lot coverage of 40 percent are 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: That these variances apply only to the proposed accessory building (shed) and canopy, as generally sited and outlined on the applicant's submitted plans. 2. Thaf the applicant obtain a building permit for the proposed construction by September 23, 2016, or this decision shall become null and void. Carried Unanimously P/CA 83/14 M. & E. Kim 729 Breezy Drive The applicant requests relief frorri the following provisions of Zoning By-law 2520, as amended: • to permit a minimum east side yard width of 0.9 of a metre to a proposed second storey addition; whereas the by-law requires minimum-side yard width of 1.5 metres where a garage is erected as part of a detached dwelling, and to recognize an existing shed less than 10.0 square metres in area setback a minimum of 0.4 of a metre from the east side lot line and 0.5 of a metre from the rear lot line; whereas the by-law requires accessory structures less than 10.0 square metres in area to be setback a minimum of 0.6 of a metre from all lot lines The applicant requests approval of these variances in order to obtain a building permit to construct a second storey addition above an existing garage and to recognize an existing shed. Page 10 of 17 ! i =` • • � � �* _� im� � _ � �` j'' ��..1 �:, �= s �� g-If Y-ci�a.1 :.:..—� ........ ' � ' � . ' •, ' ! • � � � —��` / ' , , • • ' ��•' i The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Written comments were also received from Kevin Ashe, City Councillor, Ward 1 in support of the application. Maylynn Kim, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Eric Newton Seconded by Bill Utton That application P/CA 83/14 by M. & E. Kim, be Approved on the grounds that the minimum east side yard width of 0.9 of a metre for a proposed second storey addition and recognizing an existing shed less than 10.0 square metres in area setback a minimum of 0.4 of a metre from the east side lot line and �0.5 of a metre from the rear lot line are 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: That these variances apply only to the proposed second storey addition and the existing shed, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by September 23, 2016 or this decision shall become null and void. Carried Unanimously 5. P/CA 84/14 C. McMannis 1315 WharF Street The applicant requests relief from the following provisions of Zoning By-law 2511, as amended: to recognize the existing east side yard width of 1.2 metres; whereas the by-law requires a minimum side yard width of 1.5 metres, and • to permit a minimum front yard depth of 4.5 metres to the proposed front porch; whereas the by-law requires a minimum front yard depth of 7.5 metres Page 11 of 17 . , �--_ � ,,,,.., � �; � 1�;-: _:: _ �= � .-- � �,�,, �::_r•:::=_..,::_ :�- ! - �3� . � .J= ::: :::::�� •�. :::�:::::: � � Committee of Adjustment Meeting Minutes Wednesday, September 24, 2014 7:02 pm Main Committee Room The applicant requests apprt�val of these variances in order to obtain a building permit to allow for the construction of an attached garage on the lower level and a front porch addition to the existing dwelling. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering & Public Works Department expressing no concerns. Written comments were also received from Toronto and Region Conservation Authority (TRCA) indicating on December 13, 2013 TRCA approved a permit to reconstruct the existing basement walkout, repair the dwelling foundations and replace the existing deck. No further objections to the requested variances, however, the owner should contact TRCA to confirm if a TRCA permit approval or clearance is required for the proposed construction. Cade McMannis, 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 Eric Newton That application P/CA 84/14 by C. McMannis, be Approved on the grounds that the existing east side yard width of 1.2 metres, and the minimum front yard depth of 4.5 metres to a proposed front porch are 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: That these variances apply only to the proposed construction of an attached garage on the lower level and a front porch addition to the existing dwelling, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by September 23, 2016, or this decision shall become null and void. Carried Unanimously Page 12 of 17 � ;;;: �� = ,,,,.. _ �' �� 1 _'--, �= 7 �3 -cii�.l �::'::j -=�-i.` � ' ,` P/CA 85/14 P. & C. Carvalho 1004 Albacore Manor Com ittee of Adjustment Meeting Minutes � • • . � ! • � � � � � � 'i • � • • r The applicant requests relief from the following provisions of Zoning By-law 2511, as amended by By-law 1299/8� : to recognize an existing uncovered platform (deck) not exceeding 3.0 metres in height above grade to project a maximum of 3.6 metres into the required rear yard; whereas the by-law does not permit an uncovered platform to project into the required rear yard, and • to permit a minimum rear yard depth of 4.0 metres to a proposed second storey addition (enclosed sunroom); whereas the by-law requires a minimum rear yard depth of 7.5 metres The applicant requests approval of these variances in order to obtain a building permit to construct a second storey sunroom addition and to recognize an existing uncovered deck in the rear yard. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Bob Davidson, agent, 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 85/14 by P. & C. Carvalho, be Approved on the grounds that the uncovered platForrn (deck) not exceeding 3.0 metres in height above grade projecting a maximum of 3.6 metres into the required rear yard and a minimurri rear yard depth of 4.0 metres to a second storey addition (enclosed sunroom) are 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: That these variances apply only to the existing deck and proposed second storey addition (enclosed sunroom), as generally sited and outlined on tfie applicant's submitted plans. Page 13 of 17 :: �__,_„�. ��_ � -= � ��;,:;�i -- ....... - — ��==� i�.:. – .::.:, , _, ...— , –_�:::::� ::::::::::::::- a — �,�` •� 1 � Committee of Adjustment Meeting Minutes Wednesday, September 24, 2014 7:02 pm Main Committee Room 2. That the applicant obtain a building permit for the construction by September 23, 2016, or this decision shall become null and void. Carried Unanimously 7. P/CA 86/14 D. Kelly & S. Head 578 Creekview Circle The applicant requests relief from Zoning By-law 2511, as amended by By-laws 4354/73 and 4470/73, to permit an uncovered platform not exceeding 2.5 metres in height above grade to encroach a maximum of 0.5 of a metre into the required minimum rear yard and to permit uncovered stairs to encroach an additional 1.0 metre into the required minimum rear yard; whereas the by-law does not permit uncovered steps or platforms to encroach into the required rear yard. The applicant requests approval of this variance in order to obtain a building permit to construct an uncovered deck and stairs within the required rear yard. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering & Public Works Department expressing no concerns. Written comments were also received from Kevin Ashe, City Councillor, Ward 1 in support of the application. Robert Reid, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Bill Utton Seconded by Shirley Van Steen That application P/CA 86/14 by D. Kelly & S. Head, be Approved on the grounds that the uncovered platform not exceeding 2.5 metres in height above grade to encroach a maximum of 0.5 of a metre into the required minimum rear yard and to permit uncovered stairs to encroach an additional 1.0 metre into the required minimum rear yard are 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 applies only to the proposed uncovered platform and stairs as generally sited and outlined on the applicant's submitted plans. Page 14 of 17 �k; ,, � �* ,,,,, �� .�-_�-' � ' — �— s s - ��.�� J::' , � Committee of Adjustment Meeting Minutes ' � � . ' • � ' � � � � • ' • ' � ••JJ 2. That the applicant obtain a building permit for the proposed construction by September 23, 2016 or this decision shall become null and void. 8. P/CA 87/14 Marshall Land Corp. Ltd. Nordane Drive (Pt. Lot 24, Carried Unanimously Plan 329, Part 3 40R-27800 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7274/13, to permit a maximum lot coverage of 45 percent and a minimum east side yard width of 0.6 of a metre; whereas the b.y-law permits a maximum lot coverage of 38 percent and a minimum side yard width of 1.2 metres each side. The applicant requests approval of this minor variance application in order to obtain a building permit to construct a two-storey detached dwelling. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Samantha Bateman, an employee of Marshall Homes, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Eric Newton Seconded by Bill Utton That application P/CA 87/14 by Marshall Land Corp. Ltd., be Approved on the grounds that the maximum lot coverage of 45 percent and a minimum east side yard width of 0.6 of a metre are 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 the requested variances apply only to the proposed detached dwelling as generally sited and outlined on the applicant's submitted plan. 2. That the applicant obtain a building permit for the proposed detached dwelling, by September 23, 2016, or this decision shall become null and void. Carried Unanimously Page 15 of 17 0 _� „* _ ��;:�::=�--- ,.�_ : . ._.. _::_ . . �: ... ,i�--- ..,:. - _____•� ...................- � , ::,�.�.. ,$ .�:m::�< : ..................� � � P/CA 88/14 J. & C. Johnston 979 Mountcastle Crescent Committee of Adjustment Meeting Minutes Wednesday, September 24, 2014 7:02 pm Main Committee Room The applicant requests relief from Zoning By-law 3036, as amended by By-law 1998/85, to permit an uncovered platform (deck) not exceeding 2.5 metres in height above grade to project a maximum of 2.2 metres into the required rear yard, whereas the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required rear yard. The applicant requests approval of this variance in order to obtain a building permit to construct an uncovered platform (deck) within the required rear yard. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. John & Caryn Johnston, owners, were 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 Eric Newton That application P/CA 88/14 by J. & C. Johnston, be Approved on the grounds that the uncovered platform (deck) not exceeding 2.5 metres in height above grade to project a maximum of 2.2 metres into the required rear yard are minor in nature, desirable for the appropriate development of the land, and is 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 uncovered platform (deck) as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by September 23, 2016 or this decision shall become null and void. Carried Unanimously Page 16 of 17 ��: ,, - ,,,�, _ �' �= �� = � . %= ! 3-�=�_� .,-':::� . " ' (IV) Adjournment Moved by Bill Utton Seconded by Shirley Van Steen Com ittee of Adjust ent Meeting Minutes -� �. •' r- �' 1 ';' '1 • • - '•• That the 13th meeting of the 2014 Committee of Adjustment be adjourned at 8:15 pm and the next meeting of the Committee of Adjustment be held on Wednesday, October 15, 2014. � � �� 1 Date , ��- ,.� ��'�� Assistant Secretary-Treasurer Carried Unanimously Page 17 of 17 �= � ,_ _* �.��» � fi�� uL��l _ ' – , _- '_ �_i 7 .��. 3 .arn.l. ....�. ,::� —��.� . ' Present: Tom Copeland David Johnson — Chair Eric Newton Shirley Van Steen — Vice-Chair Also Present: Melissa Markham, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Absent: Bill Utton (I) Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland . • - • � � � � ' •; � . �' • •^ � '� � � • ,, i ' � • • ' That the agenda for the Wednesday, October 15, 2014 meeting be adopted. Carried Unanimously (II) Adoption of Minutes Moved by Eric Newton Seconded by Shirley Van Steen That the minutes of the 13th meeting of the Committee of Adjustment held Wednesday, September 24, 2014 be adopted. Carried Page 1 of 8 (III) ,_,,.,. _�� = __ ��-=:- �__,- .;—__ .: .,,,g,_= ....::. �i� --.-;r;::- , . ...� �.::... ;r��- - � � - - - :: :: ................- �3 .�;,_;�= ................:■ ��` � � Reports P/CA 89/14 C. & L: Gertzos 1972 Glendale Drive Committee of Adjustment Meeting Minutes Wednesday, October 15, 2014 7:00 pm Main Committee Room The applicant requests relief from the following provisions of Zoning By-law 3036, as amended: to permit accessory buildings (detached garage and hot tub) to be partially located in the required side yards; whereas the by-law requires all accessory buildings which are not part of the main building to be erected in the rear yard to recognize a 0.8 of a metre south side yard width to an existing accessory building (detached garage); whereas the by-law requires all accessory buildings be set back a minimum of 1.0 metre from all lot lines, and to recognize an existing uncovered platform (deck) not exceeding 1.4 metres in height above grade to project a maximum of 1.4 metres into the required north side yard; whereas the by-law permits uncovered platforms not exceeding 1.0 metre in height above grade to project a maximum of 0.5 of a metre into the required side yard The applicant requests approval of these minor variances in order to allow an existing detached garage and hot tub to be partially located in the south and north side yards respectively, and to recognize the location of an existing deck within the required north side yard. , The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Chris Gertzos, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Tom Copeland Seconded by Eric Newton That application P/CA 89/14 by C. & L. Gertzos, be Approved on the grounds that the accessory buildings (detached garage and hot tub) to be partially located in the required side yards; a minimum 0.8 of a metre south side yard width to an existing accessory building (detached garage), and a maximum projection of 1.4 metres into the required north side yard for an existing uncovered platform (deck) 1.4 metres in height above grade are 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: Page2of8 Fs. ; . , -- �' ,,,,.. -� �= �� -, �° � �- 3—�•� ` —':: , ' Committee of Adjustment Meeting Minutes -•' �'. • • •- 1 ,� 11 � Main Committee Room That these variances apply only to the existing detached garage, hot tub and deck, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed one-storey addition as generally sited and outlined on the applicant's submitted plans, or the decision affecting the existing detached garage and hot tub proposed to be partially located in the south and north side yards respectively shall become null and void. Carried Unanimously 2. P/CA 90/14 K. MacKay 830 Reytan Blvd. The applicant requests relief from Zoning By-law 2520, as amended, to permit an unenclosed covered carport having a minimum front yard depth of 7.0 metres and a minimum flankage side yard width of 3.0 metres; whereas the by-law requires a minimum front yard depth of 7.5 metres and a� minimum flankage side yard width of 4.5 metres. The applicant requests approval of these variances in order to obtain 'a building permit to construct an unenclosed covered carport within the west side yard. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. The owner was not 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 Eric Newton That application P/CA 90/14 by K. MacKay, be Approved on the grounds that the minimum front yard depth of 7.0 metres and minimum flankage side yard width of 3.0 metres are 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 carport, as generally sited and outlined on the applicant's submitted plans. Page 3 of 8 3 � a; ,,,,,, - __ � -_ ;�_ �--�- ---�-�;;�:;--:-_-, � . �� ;;�..._- - — -. -: ��:�,,,�. __ ..—.. - — — - -- -- �- ,�� , . �,: �3 -.�, ��;� :::::::::::::::::::■ � � Committee of Adjustment Meeting Minutes Wednesday, October 15, 2014 7:00 pm Main Committee Room 2. That the applicant removes/relocates the existing shed currently, located in the west flankage side yard to be in compliance with the zoning by-law requirements prior to the issuance of a building permit. 3. That the applicant obtain a building permit for the proposed construction by October 14, 2016, or this decision shall become null and void. Carried Unanimously P/CA 92/14 B. & J. Henderson 1731 Lane Street The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640/06, to permit an addition to an existing accessory building (detached garage) partially located within the west side yard; whereas the by-law requires all accessory buildings which are not part of the main building to be er.ected in the rear yard. The applicant requests approval of this variance in order to obtain a building . permit to construct an addition to an existing accessory building (detached garage) partially located within the side yard. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. The owners were not present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Eric Newton Seconded by Shirley Van Steen That application P/CA 92/14 by B. & J. Henderson, be Approved on the grounds that the addition to an existing accessory building (detached garage) partially located within the west side yard is minor in nature, desirable for the appropriate development of the lands, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance applies only to the proposed addition to the detached garage as generally sited and outlined on the applicant's submitted plans. Page 4 of 8 ,, � ,,,,. _ `�_� �= � �:. ._- � , �= � �� ` / ' , Committee of Adjustment Meeting inutes -•' •. • • •- 1 ,' 11 • Main Committee Room 2. That the`applicant obtain a building permit for the proposed construction by October 14, 2016, or this decision shall become null and void. Carried Unanimously 4. P/CA 93/14 C. Annable 1435 Altona Road The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot frontage of 16.0 metres; whereas the by-law requires a minimum lot frontage of 18.0 metres. The applicant requests approval of this variance in order to create one additional lot through the Region of Durham Land Division Committee for a detached dwelling. � The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written. comments were received from the City's Engineering & Public Works Department expressing no concerns. Written comments were also received from Kevin Ashe, City Councillor, Ward 1 in support of the application. Ryan Davidson, agent, was present to represent the apptication. No further representation was present in favour of or in objection to the application. Moved by Tom Copeland Seconded by Shirley Van Steen That application P/CA 93/14 by C. Annable, be Approved on the grounds that the minimum lot frontage of 16.0 metres is minor in nature, desirable for the appropriate development of the lands, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: That this variance applies only to the proposed retained parcel as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by October 14, 2016, or this decision shall become null and void. Carried Unanimously Page5of8 . , =--= . —.,,,,= =_ � �t�::�:::_.. � , ,t�ec,. �:'�ul''� �..� ,� iy�r:r:i��`:.� �,.: � � 5. P/CA 96/14 & P/CA 97/14 Maddy Developments Inc. 578 & 580 Oakwood Drive P/CA 96/14 (580 Oakwood Drive) Committee of Adjustment Meeting Minutes Wednesday, October 15, 2014 7:00 pm Main Committee Room The applicant requests relief from Zoning By-law 2511, as amended, to permit a maximum lot coverage of 38 percent; whereas the by-law permits a maximum lot coverage of 33 percent. P/CA 97/14 (578 Oakwood Drive) The applicant requests relief from Zoning By-law 2511, as amended, to permit a maximum lot coverage of 38 percent; whereas the by-law permits a maximum lot coverage of 33 percent. . The applicant requests approval of'these variances in order to obtain building - permits to facilitate the development of two lots for detached dwellings. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Kevin Tunney, agent, was present to represent the application. Christine & Richard Taylor of 569 Oakwood Drive and Abdul Yassine of 571 Oakwood Drive were present in objection to the application. Kevin Tunney explained the two proposed dwellings will be high quality homes. In response to a question from a Committee Member, he stated that trees are required to be planted in accordance with the landscape plan, which was required through the land division process. He also stated the proposed dwellings are in keeping with the surrounding neighbourhood. Christine & Richard Taylor outlined written comments they prev'iously submitted to the Committee. They stated concerns such as: loss of tree canopy, demand for smaller homes, building larger homes is only in the interest of the builder, larger homes could attract multiple families in the same dwelling, an increase in coverage would set a precedent for larger homes in the future and will change the look of the streetscape. Abdul Yassine indicated the development should be consistent with the rest of the neighbourhood. Page 6 of 8 ;�� ,, _: ,,,�.. - . <�� iL� �� - � _ � �3 _ ��...._�:::, , N ' Co ittee of Adjustment Meeting Minutes ��-•' •. • ••- 1 �' 11 • Main Committee Room K. Tunney stated that the requested variances are minor in nature. The Secretary-Treasurer explained the zoning requirements for the two proposed dwellings and stated that the dwellings complied with all required yard setbacks. Moved by Tom Copeland Seconded by Shirley Van Steen That application P/CA 96/14 by Maddy Developments Inc., be Approved on the grounds that the maximum lot coverage of 38 percenf is minor in nature, desirable for the appropriate development of the lands, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance applies only to the proposed dwelling as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by October 14, 2016, or this decision shall become null and void. That application P/CA 97/14 by Maddy Developments Inc., be Approved on the grounds that the maximum lot coverage of 38 percent is minor in nature, desirable for the appropriate development of the lands, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance applies only to the proposed dwelling as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by October 14, 2016, or this decision shall become null and void. Carried Unanimously Page 7 of 8 idA: ,,,,,. _�� -_ �--�: , : �., _:` --- �t�:-.-_. ��-, ul��:�,�,.��---;:I;z:-i.:.._ , - -�W... _. - ::::::::::::::::::: 7 i3 r:rar.r�_;f? ■ ��` � �l�� (IV) Adjournment Moved by Shirley Van Steen Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, October 15, 2014 7:00 pm Main Committee Room That the 15th meeting of the 2014 Committee of Adjustment be adjourned at 7:34 pm and the next meeting of the Committee of Adjustment be held on Wednesday, November 5, 2014. Carried Unanimously � �� - f `i ,` (��'�'�c..�. Assistant Secretary-Treasurer Page 8 of 8 ., _ �. ` ,.,�.. i l�ljt_...- i�� ::: _ - � ;, .� - � �. �-�!I _.��....... :-■ 1 � Present: David Johnson — Chair Bill Utton Shirley Van Steen — Vice-Chair Also Present: Melissa Markham, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Absent: Tom Copeland Eric Newton (I) Adoption of Agenda (II) Moved by Bill Utton Seconded by Shirley Van Steen Cammittee af Adjustment Meeting inutes Wednesday, November 5, 2014 7:02 pm ain Cammittee Raom That the agenda for the Wednesday, November 5, 2014 meeting be adopted. Carried Unanimously Adoption of Minutes Moved by Shirley Van Steen Seconded by Bill Utton That the minutes of the 14th meeting of the Committee of Adjustment held Wednesday, October 15, 2014 be adopted. Carried Unanimously Page 1 of 8 //IN�� _ � s A -= : �� :�:�i�� =�� _'�;:i::::=_�.:, ;��= � �� .� �`:::::::�: � �r (III) Reports P/CA 95/14 K. Belfon & N. Jones-Belfon 1984 Fairport Road Committee of Adjustment Meeting Minutes Wednesday, November 5, 2014 7:02 pm Main Committee Room The applicant requests relief from the following provisions of Zoning By-law 3036: • to p'ermit a minimum flankage yard width of 1.5 metres, whereas the by-law requires a minimum flankage yard width of 4.5 metres • to permit a maximum lot coverage of 34. percent, whereas the by-law requires a maximum lot coverage of 33 percent The applicant requests approval of these variances in order to obtain a building permit to construct a one and a half storey addition with an attached garage on the east and south side of the existing dwelling. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Kofi Belfon, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Bill Utton Seconded by Shirley Van Steen That application P/CA 95/14 by K. Belfon & N. Jones-Belfon, be Approved on the grounds that the minimum flankage yard width of 1.5 metres and a maximum lot coverage of 34 percent are 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 one and a half storey addition with an attached garage, as generally sited and outlined on the applicant's submitted plans. 2. That the previous variance application (P/CA 09/14) approved by the Committee of Adjustment on March 19, 2014 affecting the subject property, permitting a reduction in the minimum rear yard depth and increased lot coverage be repealed. Page 2 of 8 n�: ,, ; ,,,,,. ��-��c_ , _ ��= �� -- � ,-i� .a 's �3-�-.�t�''-i �.�.. . y � ,,, o mittee of djust ent Meefiing Minutes �• �. • �' �, �' � �, Main Committee Room 3. That the applicant submits a landscaping plan for approval to the satisfaction of the City, to ensure that the proposed attached garage is properly screened from Taplin Drive. 4. That the applicant obtain a building permit for the proposed construction by November 4, 2016, or this decision shall become null and void. Carried Unanimously 2. P/CA 98/14 A. & Z. Risteski 1736 Silver Maple Drive The applicant requests relief from Zoning By-law 3036, as amended by By-law 4508/94 to permit an uncovered platform (deck) not exceeding 0.2 of a metre in height above grade to project a maximum of 6.9 metres into the required rear yard, whereas the by-law permits uncovered platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres ir�to the required rear yard. The applicant requests approval of this variance in order to obtain zoning compliance for an existing uncovered deck within the cequired rear yard. A building permit will not be required since the existing platform is less than 0.6 of a metre above established grade. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Written comments were also received from Sherwin James of 1739 White Cedar Drive expressing concerns with lack of privacy, height and location of the deck from the rear lot line. Zorica Risteski, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from a Committee Member regarding the applicant's rationale for constructing a deck to provide a level amenity area, Zorica Risteski explained that there is not a slope in the rear yard, but uneven grading throughout the property. Page 3 of 8 r:� ,,,,.. i,�V � -_ ��:: — �= —�i� .—_::�::::__:, ,��= 7 — ,3�—ra�:7tt�t: :: :::� ��:::: � � Moved by Shirley Van Steen Seconded by Bill Utton Committee of Adjustment Meeting Minutes Wednesday, November 5, 2014 7:02 pm Main Committee Room That application P/CA 98/14 by A. & Z. Risteski, be Approved on the grounds that the uncovered platform (deck) not exceeding 0.2 of a metre in height above grade to project a maximum of 6.9 metres into the required rear yard are 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 existing uncovered platform (deck) as generally sited and outlined on the appficant's submitted plans. 2. That the owner provides confirmation to the satisfaction of the City Development Department that the existing deck is situated .0.6 of a metre from the rear lot line by May 1, 2015 orthis decision shall become null and void. Carried Unanimously 3. P/CA 99/14 S. & B. Syed 721 Hillview Crescent The applicant requests relief from Zoning By-law 2511, as amended, to permit a minimum side yard width of 1.2 metres on both sides, where a garage is erected as part of a detached dwelling; whereas the by-law requires 1.5 metres on both sides, where a garage is erected as part of a detached dwelling. The applicant requests �approval of this variance in order to obtain a building permit to construct a two-storey detached dwelling. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department indicating that the applicant must provide a grading plan and identify downspout discharge locations. Page 4 of 8 C! .�:: . , -= , ,,,�, _ _ �= � � 1� � - - �°a 7 '-- � 3�—.r�t-�'� 1_"—� —��` � . ' o ittee of djustment Meeting inutes ' • • . • • ' � < � � �; • ' • • ' Nadeem Irfan, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Bill Utton Seconded by Shirley Van Steen That application P/CA 99/14 by S. & B. Syed, be Approved on the grounds that the minimum side yard width of 1.2 metres on both sides are 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 applies only to the proposed detached'dwelling, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building pecmit for the proposed construction by November 4, 2016, or this decision shall become null and void. Carried Unanimously P/CA 100/14 R. & M. Kovatch 2323 Canterbury Crescent The applicant requests relief from Zoning By-law 3036, as amended by By-law 4365/93, to permit a partially covered platForm (deck and attached gazebo) not exceeding 1.0 metre in height above grade to project a maximum of 1.8 metres into the required rear yard; whereas the by-law permits uncovered platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required rear yard. The applicant requests approval of this variance in order to obtain a building permit to construct a partially covered deck in the rear yard. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering & Public Works Department expressing no concerns. Written comments were also received from John Kirkwood of 2300 Abbott Crescent in support of the application. Page 5 of 8 ::k ,,,,,. '�'_ � :_ �______ _�,�:,::�--�- �=—_;� _ - —:, ;o�=, ,3-.�_.�%::::-=—�-::'::. � � Committee of Adjustment Meeting Minutes Wednesday, November 5, 2014 7:02 pm Main Committee Room Robert Kovatch, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Shirley Var� Steen Seconded by Bill Utton That application P/CA 100/14 by R. & M. Kovatch, be Approved on the grounds that the partially covered platform (deck and attached gazebo) not exceeding 1.0 metre in height above grade to project a maximum of 1.8 metres into the required rear yard 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: Thaf this variance applies only to the partially covered platform (deck and attached gazebo) as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by November 4, 2016, or this decision shall become null and void. Carried Unanimously 5. P/CA 101 /14 O. Barragan 846 Modlin Road The applicant requests relief from Zoning By-law 2520, as amended: to permit a vehicle (boat) to be parked in the front yard, not on a driveway with a maximum permissible height of 2,7 metres and a maximum permissible length of 9.7 metres; whereas the by-law permits no part of any front or flankage yard, except a driveway, to be used for the parking or storage of vehicles, with a maximum permissible height of 3.5 metres and a maximum permissible length of 8.0 metres The applicant requests approval of these variances in order to allow an oversized boat to be stored in the front yard. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending refusal of the application: Written comments were received from the City's Engineering & Public Works Department expressing no concerns. Written comments were also received from D. Rigby of 814 Naroch Blvd. expressing concerns that a boat this large should not be stored in the neighbourhood and that there is the potential for a negative visual impact from her property. Page 6 of 8 C �: .� =- __ . �.��.� �j _�� I��'� � -- .a ., s � �a y _ .a, �` -'�� ` . ' ' • - • � � Meeting Minutes 11-� - �., 1• _ •- 1.•' 1 • � - ' • r Eduardo Barragan, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Eduardo Barragan stated that the requested variance to increase the length of a vehicle included the length of the trailer. He stated that the proposed location of the boat is currently used as a side yard, and not a front yard, as the dwelling fronts onto Naroch Boulevard and not Modlin Road. Eduardo Barragan stated that a new fence would be erected in the yard surrounding the boat to help obstruct the view of the boat and he would also be planting pine trees. In a response to a question from a Committee Member, he stated the boat will be higher than the proposed fence. Eduardo Barragan stated that the requested � variance would allow him the convenience of storing his boat closer to his house than at a storage facility. Moved by Bill Utton Seconded by Shirley Van Steen That application P/CA 101/14 by O. Barragan, be Refused on the grounds that the vehicle (boat) with a maximum permissible height of 2.7 metres, and a maximum permissible length of 9.7 metres, to be parked in the front yard, is a major variance that is not desirable for the appropriate use of the land. Carried Unanimously P/CA 103/14 2362953 Ontario Inc. 1449 Old Forest Road The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum north side yard width of 1.3 metres, whereas the by-law requires a minimum side yard width of 1.5 metres. The applicant requests approval of this variance in order to obtain a building permit to facilitate the development of a two storey detached dwelling. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Diane Yu, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Page7of8 ��, _,,,.., ~� � -_ ��:: -- .�;_ :-��,.L, .- ��_`� ., ,,: . __ ., .:= :- -° --- -�— ! .T-` _ __�i: :i :::::n:;,�:::::::: ,S rren�:; ■ � � Moved by Shirley Van Steen Seconded by Bill Utton Committee of Adjustment Meeting Minutes Wednesday, November 5, 2014 7:02 pm Main Committee Room That application P/CA 103/14 by 2362953 Ontario Inc., be Approved on the grounds that the minimum north side yard width of 1.3 metres 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 applies only to the proposed detached dwelling, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by November 4, 2016, or this decision shall become nuli and void. Carried Unanimously (IV) Acknowledgement David Johnson, Chair, noted that since this was the last meeting of the term for Shirley Van Steen he thanked for her involvement and contribution to the Committee during her four year term with the Committee of Adjustment. (V) Adjournment Moved by Bill Utton Seconded by Shirley Van Steen That the 15th meeting of the 2014 Committee of Adjustment be adjourned at 7:34 pm and the next meeting of the Committee of Adjustment be held on Wednesday, November 26, 2014. Carried Unanimously � �� 11_1_ ! t �` -�� r .t' Assistant Secretary-Treasur.er Page 8 of 8