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October 26, 2015
For information related to accessibility requirements please contact Linda Roberts Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: lroberts@pickering.ca Council Agenda Monday, October 26, 2015 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. IX) Motions and Notice of Motions 146 X) By-laws 147-155 XI) Confidential Council -Public Report XII) Other Business XIII) Confirmation By-law XIV) Adjournment Presentations 1. Canadian Legion Branch 606 Remembrance Day Poppy Campaign 2. Pickering Food Truck Festivals And Sick Kids Hospitals Cheque Presentation October 26, 2015 25 Delegations 1 . Jennifer O'Connell MP Elect, Pickering-Uxbridge Re: Resignation from City Council 2. John Sabean, Chair, Pickering Library Board Re: Annual Presentation to Council 3. Deborah Hammons, Chief Executive Officer Central East Local Health Integration Network (LHIN) Re: Update on Health Care Activities & Integrated Health Service Plan 2016-2019 4. Erick Joyner Re: Renaming of Everton Street October 26, 2015 26 October 26, 2015 Correspondence Pages 1. 2. 3. Corr. 19-15 Nicole Wellsbury, Deputy Clerk Town of Ajax Council Direction Required 28 Correspondence received from Nicole Wellsbury, Deputy Clerk, Town of Ajax, seeking Council endorsement of a resolution passed on September 14, 2015 regarding the creation of a National Pharmacare Program. Carr. 20-15 Lorraine Billings Legislative Services Associate Town of Ajax Council Direction Required 29-31 Correspondence received from Lorraine Billings, Legislative Services Associate, Town of Ajax seeking Council endorsement of a resolution passed on September 14, 2015 regarding donations to Lifeline Syria. Corr. 21-15 Jennifer O'Connell MP Elect, Pickering-Uxbridge Re: Letter of Resignation Council Declare Seat Vacant 32-32 a) Correspondence received from Jennifer O'Connell, submitting her resignation as Regional Councillor Ward One for the City of Pickering. 27 Dear Colleagues, Like you, I have been deeply affected by the disturbing images and stark realities of the Syrian refugee crisis. It is a situation that cries out for compassion and action. AMO is challenging all of its member municipalities to donate at least $100 to aid in the international effort to resettle the Syrian refugees in safe countries. We hope to raise at least $40,000. This goal will help save two families and if we raise a greater amount, we can help save more families. Donations can be made by cheque payable to Association of Municipalities of Ontario, with "Syrian Refugee Crisis" in the description field, and forwarded by Friday, October 2. AMO will donate all of the proceeds to Lifeline Syria. This organization is seeking to resettle and integrate 1,000 Syrian refugees in Ontario over the next two years, . reuniting them with their families. Lifeline Syria is a community-based initiative that will do this by helping to recruit, train, and match private refugee sponsors in Ontario with Syrian refugees approved for· resettlement by the federal government. Sponsors will include organizations, individuals, or groups of individuals such as faith-based groups. The Ontario govermnent has provided seed funding to Lifeline Syria to support its work but it is reliant on public donations to fulfill its mandate. More information about the organization and the initiative is found on the Lifeline Syria website. I know how municipal governments in Ontario rally to help one another and their neighbours. I implore you to accept this challenge and donate to this worthy cause. It is one small way we can help ease the suffering of others through our fmancial contributions. Sincerely Gary MeN amara President, AMO P.S. For other ways to help, see International Organizations Seeking to Assist Syrian Refugees: 30 31 • Lifeline Syria -This organization is seeking to resettle and integrate 1, 000 Syrian refugees. in Ontario over the next two years, reuniting them with their families. • The Canadian Red Cross is accepting donations for their Syria Crisis Fund to provide assistance to Syrians living abroad in Syria and neighbouring countries. • The UNHCR, the UN Refugee Agency, is the world's leading organization aiding and protecting people forced to flee their homes due to violence, conflict and persecution. The UNHCR is directly aiding Syrian refugees. • Care Canada is providing life-saving assistance to Syrian refugees in Jordan, Lebanon, Turkey and Egypt. • Oxfam Canada is providing aid and long-term support to hundreds of thousands of people affected by the crisis across Syria, Lebanon and Jordan. • World Vision is -supporting Syrians in Syria, as well as those who have fled to Lebanon, Iraq, Turkey and Jordan. October 22, 2015 C orr, d._ l-Is- Residents of the City of Pickering To my community, This past Monday, October 19th; I was elected as the Member of Parliament for the new riding of Pickering-Uxbridge. I am extremely excited to begin representing my community in the House of Commons, however with this new position it means 1· must say goodbye and resign my position as Ward 1 Regional Councillor and Deputy Mayor for the City of Pickering. When I first ran for Pickering Council I was 23 years old and n.ot well known in the community that I have always called home. Residents of Ward 1..took a chance on rne and gave me the opportunity to represent you here on Pickering Council. I did not take the support and trust from my community lightly and I worked really hard to make you proud. Throughout my 10 years on Council, there have been some challenging times. During these challenges I always found strength from your phone calls and emails encouraging me to keep fighting. This support has meant so much to me, and I feel extremely grateful to have had the opportunity to represent such an amazing place. I would also like to acknowledge my Councillor colleagues, both here in Pickering and across Durham Region. -1 have learned so much from each of you, and these are lessons that will serve me well in Ottawa .. We have not always agreed on the issues, but that truly makes for a he~lthy democracy. Dissenting voices should not be seen as a negative, but instead as an e.levation of the debate and conversation. I would like to also thank in particular Councillor Bill Mclean. People often told me "you don't make friends in politics". I have made several, and Bill you are one of them] You have been so supportive of me, however you never hesitated to challenge me when you thought I was wrong. Even when we disagreed, we could have respectful debate and then go for lunch and start talking about the next issue. Thank youl There has been a group of people who have helped me in my role as Councillor, who deserve so much credit for the work I was able to achieve during these past 10 years. The City of Pickering and Durham Regional staff. I've always said it must not be an easy job to balance all of the needs in our community while balancing the big personalities on Council. I have the utmost 32 ' 32 a) respect for our staff and need to thank you all for your continual help and guidance. The past several weeks of this campaign have been extremely busy. I continued to do my best to return resident phone calls and emails, however I chose to give my salary back because I knew I was not able to serve in a way that residents had become accustomed to. During this time I know that our incredible staff helped to make s'ure that nothing was ever missed, and I thank them very much for their support and hard work! Although I am sayi·ng goodbye as a Councillor, I know that we will continue to work together. I will continue to lean on you all for guidance and support, and I will continue to rely on the residents of this community to guide me on the prioriti~s they want me to fight for in Ottawa. I love this community, and I hope . to continue to make all of you proud. Sincerely yours, Jennifer O'Connell October 26, 2015 Committee Reports a) Report EC 2015-09 of the Executive Committee Executive Pages 1. Director, Engineering & Public Works, Report PW 03-15 1-9 Quotation No. Q-26-2015 2. -Quotation for the Supply and Delivery of Two-One Ton Dump Trucks Recommendation 1. That Report PW 03-15 of the Director, Engineering & Public Works regarding Quotation No. Q-26-2015 for the Supply and Delivery of One New Latest Model Year, One Ton Truck with Standard Cab and Genesis Landscape 12' Aluminum Dump Body (or equivalent) and One New Latest Model Year, One Ton Truck with Standard Cab and Everest "LSD" Side Dump Spreader (or equivalent) be received; 2. That Quotation No. Q-26-2015, submitted by Maciver Dodge Jeep for Two -One Ton Dump Trucks in the total amount of $140,935.00 (HST extra) be accepted; 3. . That the total gross project cost of $159,935.00 (HST included) and the total net project cost of $144,026.00 (net of HST rebate) be approved; 4. That the Division Head, Finance & Treasurer be authorized to finance the total net project cost of $144,026.00 by a transfer from the Vehicle Replacement Reserve; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. Director, Corporate Services & City Solicitor, Report FIN 23-15 Tender/Contract Approval -Approvals During Council Recess 2015 Recommendation 10-57 1. That Council pass a resolution ratifying the approval of the Tenders and Contracts by the Chief Administrative Officer during Council's recess being: RFP-4-2015, Consulting Services for Structure Repairs & Associated Works-Palmer Bridge; Tender No. T-14-2015, Asphalt and Concrete Repairs; Quotation No. Q-19-2015, Supply and Delivery of Two Sidewalk Tractors; Quotation No. Q-38-2015, Phase 1 Tree Canopy 33 34 Replacement-Tree Removal Services, Supply, Delivery and Planting of Trees; 2. That Council authorize the Division Head, Finance & Treasurer to change the financing allocation for the Multi-Purpose Sidewalk Tractor Account · 5311.1504.6178 to Development Charges City's Share Reserve ($11 ,623) and Development Charges Reserve Fund -Operations Services ($104,605); and, 3. That the appropriate staff of the City of Pickering be given authority to take the necessary actions to give effect thereto. · October 26, 2015 Committee Reports b) Report PD 2015-08 of the Planning & Development Committee P & D Pages 1. Director, City Development, Report PLN 12-15 43-56 Zoning By-law Amendment Application A 9/15 Kingsett Brookdale Centre Inc. Concession 1, Part Lots 23 and 24, 40R-25448 Parts 1, 2, 4 to 37, 44 to 4 7 and Parts 3 and 38, 40R-6862 Parts 2 and 3, and 40R-10821 Part 1 except 40R- 25266 Parts 1 to 6 (11 05 Kingston Road) Recommendation That Zoning By-law Amendment Application A 9/15, submitted by Kingsett Brookdale Centre Inc., to remove the floor area restriction for a food store use and to permit a seasonal outdoor garden centre accessory to a food store use on lands being Concession 1, Part Lots 23 and 24, 40R-25448 Parts 1, 2, 4 to 37, 44 to 47 and Parts 3 and 38, 40R-6862 Parts 2 and 3, and 40R-10821 Part 1 except 40R-25266 Parts 1 to 6, be approved, and that the draft Zoning ·By-law Amendment as set out in Appendix I to Report PLN 12-15 be forwarded to Council for enactment. 2. Director, City Development, Report PLN 13-15 57-97 Conservation Authorities Act Review Discussion Paper Comments on existing legislative, regulatory and policy framework for Conservation Authorities Recommendation 1. That the comments contained in Report PLN 13-15 with respect to the Conservation Authorities Act (CA Act) Review Discussion Paper (Environmental Registry posting 012-4509, dated July 20, 2015) be . endorsed, and that the Ministry of Natural Resources and Forestry be requested to: a) reinforce its role as the "one-window" Ministry for providing a consistent approach and establishing minimum service levels for all conservation authorities in Ontario; b) establish an integrated approach to watershed management by consolidating legislation that affects conservation authorities, and by clearly defining and articulating the responsibilities of conservation authorities in relation to those of municipalities; and 35 3. 36 c) increase transfer payments to address inequity in funding between conservation authorities, and to reflect the Province's role as an important partner in integrated watershed management; and 2. Further, that a copy of Report PLN 13-15 and Pickering Council's resolution on the matter, be forwarded to the Region of Durham, other Durham Area Municipalities, the Toronto and Region Conservation Authority, the Central Lake Ontario Conservation Authority, the Ministry of Natural Resources and Forestry, and the Ministry of Environment and · Climate Change. Director, City Development, Report PLN 14-15 Plan of Subdivision Application SP-2014-04 Zoning By-law Amendment Application A 11/14 K. Lazaridis and Louisville Homes Ltd. Part Lot 31, Concession 2, Parts 1 and 2, Plan 40R-28483 (452 Finch Avenue) City of Pickering Recommendation 98-120 1. That Draft Plan of Subdivision Application SP-2014-04, submitted by K. Lazaridis and Louisville Homes Ltd., on lands being Part Lot 31, Concession 2, Parts 1 and 2, Plan 40R-28483, to establish a residential plan of subdivision consisting of 4 lots for 1 detached dwelling and 6 semi-detached dwellings, and a block for a road widening, as shown on Attachment #3 to Report PLN 14-15, and the implementing conditions of approval, as set out in Appendix I, be endorsed; and 2. Further, that Zoning By-law Amendment Application A 11/14, submitted by K. Lazaridis and Louisville Homes Ltd., to implement the Draft Plan of Subdivision SP-2014-04 be endorsed with the provisions contained in Appendix II to Report PLN 14-15, and that staff be authorized to finalize and forward the implementing Zoning By-law Amendment to Council for enactment. October 26, 2015 New and Unfinished Business Pages 1. 2. Director, Engineering & Public Works, Report ENG 18-15 Southview Drive Road Reconstruction -Tender No. T-18-2015 Recommendation 40-51 1. That Tender No. T-18-2015 as submitted by NEI Construction Corp. in the total tendered amount of $604,942.11 (HST included) be accepted; 2. That the total gross project cost of $744,001.00 (HST included), including the tendered amount and other associated costs, and the total net project cost of $669,996.00 (net of HST rebate) be approved; 3. That Council authorizes the Division Head, Finance & Treasurer to finance the net project cost in the amount of $669,996.00 as follows: a) the sum of $650,000.00 as provided for in the 2015 Roads Capital Budget be increased to $660,000.00 and be financed by the issue of debentures by The Regional Municipality of Durham · over a period not to exceed ten years; b) the sum of $9,996.00 to be funded from property taxes; c) the financing and annual repayment charges in the amount of approximately $80,000.00 be included in the annual Current Budget commencing in 2016 or subsequent year in which the debentures are issued and continuing thereafter until the debenture financing is repaid; d) the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions n~cessary in order to effect the foregoing; 4. · That the draft by-law attached to this report be enacted; and 5. Further that the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Director, Culture & Recreation, Report CR 19-15 New Boiler System and Holding Tanks at Don Beer Arena -Request for Proposal No. RFP-6-2015. Recommendation 52-63 37 3. 38 1. That Proposal No. RFP-6-2015 submitted by Climate Control in the amount of $116,253.27(HST included) be accepted; 2. That the total gross project cost of $143,825.00 (HST included), including the amount of the proposal and other associated costs, and the total net project cost of $129,519.00 (net of HST rebate), be approved; 3. That Council authorize the Division Head, Finance & Treasurer to finance the net project cost of $129,519.00 as follows: a)· The sum of $110,000 as provided for in the 2014 Don Beer Arena Capital Budget to be financed from the Don Beer Arena Reserve; b). The additional sum of $19,519.00 to be funded from property taxes; and 4. That the appropriate City of Pickering officials be authorized to take the necessary action to give. effect hereto. Director, Culture & Recreation, Report CR 22-:-15 Architectural & Engineering Consulting Services for Delaney Arena Improvements -Request for Proposal No. RFP-12-2015 Recommendation 64-115 1. That Proposal No. RFP-12-2015 submitted by Barry Bryan Associates in the amount of $237,752.00 (HST included) be accepted; 2. That the total gross project cost of $285,212.00 (HST included), including the amount of the proposal and other associated costs, and the total net project cost of $256,842.0D-(net of HST rebate), be approved; 3. That Council authorize the Division Head, Finance & Treasurer to finance the net project cost of $256,842.00 as follows: a). The sum of $185,000.00 as provided for in the 2015 Capital Budget Recreation Complex Arena to be financed by undertaking an internal loan for a term not to exceed five years; b) The sum of $4,782.00 to be funded from property taxes; c) The sum of $67,060.00 for the optional scope of work from the Federal Grant-Canada 150 Community Infrastructure Program Grant (CIPG); and 4. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. 4. Director, Corporate Services & City Solicitor, Report FIN 26-15 Veridian Corporation-Promissory Note Amending Agreement Recommendation 116-145 1. That the maturity date on the Promissory Note in the amount of $7,095,000 owed by Veridian Corporation to the City be amended to December 31, 2018 at its face value subject to the existing terms and conditions and bearing interest at the greater of 6% or the Ontario Energy Board Deemed Rate as indicated on the Note; 2. That a By-law in the form attached providing for the approval and execution of a Note Amending Agreement be passed; 3. That the Mayor and Clerk be authorized to execute the Note Amending Agreement on behalf of the City of Pickering in the form attached; 4. That the Director, Corporate Services & City Solicitor be authorized to undertake any actions including negotiations or amendments to the terms and conditions of the Promissory Notes and/or the Note Amending Agreement which may be necessary in order to put the foregoing into effect; and, 5. That the appropriate officials at the City of Pickering be given authority to give effect thereto. 39 41 Southview Drive Road Reconstruction October 26, 2015 Subject: Tender No. T-18-2015 Page 2 Executive Summary: As part of the 2015 Roads Capital Budget, Southview Drive Road Reconstruction was approved as a construction project. Tender No. T -18-2015 was issued on Tuesday, August 25, 2015 and closed on Wednesday, September 16, 2015 with nine bidders responding. The low bid submitted by NEI Construction Corp. is recommended for approval. The total gross project cost is estimated at $744,001.00 (HST included) and the total net project cost is estimated at $669,996.00 (net of HST rebate). Financial Implications: 1. Tender Amount Tender No. T-18-2015 HST (13%) . Total Gross Tender Amount 2. Estimated Pro·ect Cost Summa Tender No. T-18-2015 for Southview Drive Road Reconstruction Associated Costs Materials Testing Veridian Relocation Enbridge Relocation Miscellaneous (MOE, TRCA application fees) Project Contingency (1 0%) Sub Total-Costs HST (13%) Total Gross Project Cost HST Rebate (11.24%) Total Net Project Cost CORP0227-07/01 revised $535,347.00 $69,595.11 $60~.942.11 $535,347.00 5,000.00 10,000.00 51,561.00 3,000.00 53,500.00 658,408.00 $85,593.00 $744,001.00 (74,005.00) $669.996.00 43 Southview Drive Road Reconstruction October 26, 2015 Subject: Tender No. T-18-2015 Page 4 conjunction with staff's review of the contractor's previous work experience and the bonding available on this project, the tender is deemed acceptable. Upon careful examination of all tenders and relevant documents received, the Engineering & Public Works Department recommends acceptance of the low bid submitted by NEI Construction Corp. for Tender No. T-18-2015 in the amount of $604,942.11 (HST included), that the total net project cost of $669,996.00 be approved. Attachments: 1. Supply & Services Memorandum dated September 17,2015 2. Record of Tenders Opened and Checked 3. Location Map 4. Being a by-law to authorize Southview Drive Road Reconstruction project in the City of Pickering and the issuance of debentures in the amount of $660,000.00. CORP0227-07/01 revised ATTACHMENT# I TO REPORT# Ervt? 18 ·-1:;- -=k-of. 3 . Pursuant to Information to Bidders Item 28 CiiJ.9..Tendering Specifications Item 18, the following documentation will be requested of the low bidder for your review during the evaluation stage of this tender call. Supply & Services has been advised by Engineering & Public Works to collect the following documents: (a) A copy of the currently dated and signed Health and Safety Policy to be used on this project; (b) A copy of the current Workplace Injury Summary Report issued by Workplace Safety & Insurance Board (in lieu of the Workplace Injury Summary Report document, a copy of the current CAD 7, NEER, or MAP reports may be submitted); (c)·· A <:;opy of the current Clearance Certificate issued by Workplace Safety & Insurance Board; (d) Copies of Ontario Ministry of Labour, Health and Safety Awareness Training certificates for every worker and supervisor who will be working on this project; (e) Proof of compliance with amended Confined Space Entry Regulations (September 30, 2006). Copies of certified Training and Procedures to be used on this project; (f) A list of employees trained in the confined space entry procedure who will be working on this project; (g) The City's certificate of insurance or approved alternative form shall be completed by the bidder's agent, broker or insurer; and (h) Waste Management Pl.an. A budget of $650,000.00 was provided to Supply & Services for this procurement. In accordance with Purchasing Policy Item 06.04, the authority for the dollar limit as set out below e~cludes HST. As such, in accordance with Purchasing Policy Item 06.12, whe.re the compliant quotation or tender meeting specifications and offering best value to the City is acceptabre or where the highest scoring proposal is recommended and the estimated total purchase price is: (c) Over $125,000, the Manager may approve the award, subject to the approval of the Director, Treasurer, CAO and Council. Please include the following items in your report: 1. if Item~ (a) through (f) noted above are acceptable to the Co-ordinator, Health.& Safety or designate; 2. if Item (g) is acceptable to the Manager, Budgets & Internal Audit; 3. if the list of subcontractors is acceptable; 4. [f Item (h) is acceptable to Engineering & Public Works; 5. any past work experience with the low bidder NEI Construction Corp 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 charged; September 17, 2015 Tender No. T-18-2015 Southview Drive Road Reconstruction Page4f ATTACHMENT# tj. TO REPORT# EN?] ;g~;s:- ___ l_of 2-· The Corporation of the City of Pickering By-law No. Being a by-law to authorize the Southview Drive Road Reconstruction project in the City of Pickering and the issuance of debentures in the amount of $660,000.00 Whereas Section 11 of the Municipal Act, 2001, as amended, provides that a lower-tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, Whereas Subsection 401(1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, Whereas Subsection 401 (3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures; and, Whereas The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, Whereas the Council of the City of Pickering wishes to proceed with debenture financing for the Southview Drive Road Reconstruction project; and, Whereas before authorizing the Southview Drive Road Reconstruction project, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated limit an_d, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder; And whereas after determining that Ontario Municipal Board approval is not required, the Council of the City approved Report ENG 18-15 on the date hereof and awarded Tender No. T-18-2015 for Southview Drive Road Reconstruction project; 50 Report CR 19-15 October 26, 2015 Subject: New Boiler System and Holding Tanks at Don Beer Arena Page 3 Section 11 of the City's Financial Control Policy, Council approval is required for over- expenditure exceeding 10% of the approved budget. Council approval is being sought at this time for this over-expenditure, and this over- expenditure will be funded from property taxes from excess funds from the 2015 Recreation Complex-Core Golf Simulator project that will not be proceeding. As per Report FIN 08-15 Recommendation 19, "That the golf simulator capital budget project (5731.1501.6178) in the amount of $67,500 be subject to an additional expenditure approval by Council before the project proceeds and that the project be deemed cancelled if there is no Council approved expenditure by the end of 2015." Essentially, funds from property taxes are available to fund this over-expenditure because the golf simulator project will not proceed in 2015. In early 2015, Pickering Recreation Complex Racquetball members expressed an interest to work with staff in an effort to increase racquetball court usage over the course of one year. The results will be reviewed in Spring 2016 and staff will reassess their recommendation to convert one of two racquetball courts into a golf simulator studio. As per Report FIN 08-15 Recommendation 6, "That the Division Head, Finance & Treasurer be authorized at his discretion to close any prior year's capital expenditure accounts and to first apply any excess funding from property taxes to any over expenditure in other accounts and to secondly transfer any remaining excess funding back to the original sources of funds;". Therefore, the Treasurer will be applying the excess funding from property taxes to cover over-expenditure in the New Boiler System and Holding Tanks project. Discussion: The domestic hot water heating system at the Don Beer Arena has reached the end of its useful life and no longer operates at peak efficiency. The existing tanks are failing and annual maintenance has increased in order to maintain operations. The equipment provides domestic hot water to the dressing rooms, washrooms and water for the ice resurfacer to flood the rinks. IB Storey Inc. were retained by the City of Pickering to design the most cost effective and energy efficient replacement boiler & holding tank system at Don Beer Arena. IB Storey Inc. issued design drawings, dated March 11, 2015, for staff to review and approve. As recommended by IB Storey Inc., the most cost-efficient solution is to replace the existing domestic hot water heating units with a natural gas-fired condensing boiler system with improved storage capacity. Installing current technology and higher efficiency systems will result in lower annual building maintenance costs, lower utility costs. The highest scoring proponent, Climate Control, has submitted a copy of the Health & Safety Policy, the current WSIB Workplace Injury Summary Report and Clearance 54 65 Report CR 22-15 Subject: Architectural & Engineering Consulting Services for Delaney Arena Improvements October 26, 2015 Page 2 of life systems, realize energy savings by using energy efficient systems, achieve accessibility standard compliance and enhance user experience by modernizing the existing facility infrastructure. In order to meet the 2016 project construction schedule, staff must confirm the services of an architectural consultant in 2015 as provided for in the 2015 Capital Budget Pickering Recreation Complex Arena. In this way, the construction tender can be released in January 2016, awarded in March 2016 and construction can commence in April 2016. The proposal submitted by Barry Bryan Associates in the amount of $237,752.00 (HST included) is recommended for approval. The total gross project cost is estimated to be $285,212.00 and the total net project cost is estimated at $256,842.00 (net of HST rebate). Financial Implications: 1. Proposal Amount Proposal No. RFP-12-2015 $210,400.00 HST (13%) 27,352.00 Total Gross Proposal Cost S237,752.00 2. Estimated Project Costing Summary Project Cost Optional Scope Total of Work RFP-12-2015 $144,500.00 $65,900.00 $210,400.00 Miscellaneous Costs 2,000.00 0.00 2,000.00 Inspection & Testing 15,000.00 0.00 15,000.00 Contingency 25,000.00 0.00 25,000.00 Total Cost $186,500.00 $65,900.00 $252,400.00 HST (13%) 24,245.00 8,567.00 32,812.00 Total Gross Project Costs $210,745.00 $74,467.00 $285,212.00 HST Rebate (11.24%) (20,963.00) (7,407.00) (28,370.00) Total Net Project Costs S189,782.00 S67,oso.oo S256,842.00 Report CR 22-15 Subject: Architectural & Engineering Consulting Services for Delaney Arena Improvements 3. Approved Source of Funds 2015 Capital Budget-Recreation Complex Arena Approved Code Source of Funds Budget 5735.1506.6230 Internal Loan 5 Years Property Taxes Federal Grant-CIPG Total Funds Project Cost under (over) approved funds by $200,000.00 0.00 0.00 $200,000.00 October 26, 2015 Page 3 Required $185,000.00 4,782.00 67,060.00 $256,842.00 ($56,842.00) The over expenditure is 100% funded by the Federal grant, therefore, there is no fiscal impact to the City. In June, Council approved report CR 09-15 for the City's application to the Canada 150 Community Infrastructure grant. The proposed project work includes the modernization of the Delaney Rink public entrance; a new elevator that will replace a dated and difficult to use concrete ramp entrance to the second floor of the Delaney Rink, and the addition of multi-purpose a~ccessible community meeting rooms. The design work associated with this grant application is $67,060.00 and would be 100% funded by the grant. At this time Council approval is being sought for the project design cost and the optional scope of the work in order to provide sufficient time to complete the design work while awaiting the announcement from the federal government on the grant application. The combined total project costs including the optional scope of work has exceeded 10% of the 2015 Budget approved amount. The optional scope of work was not originally included in the 2015 Budget. In accordance with Section 11 of the City's Financial Control Policy, Council approval is required for over-expenditure exceeding 10% of the approved budget. Council approval is being sought at this time for this over- expenditure, and will be funded from the Federal Grant-Canada 150 CIPG. Discussion: The Delaney Rink renovation project was initially envisioned in the 2016 capital forecast budget to address an immediate need to replace the existing refrigerated rink slab and piping and the dasher board system which are the original to the building dating back to 1983 and exceeds the expected life cycle of 25 years. However, since the work is extensive and disruptive, staff have planned other arena life cycle replacement projects to be consolidated into this single project during one shut down period. 66 67 Report CR 22-15 Subject: Architectural & Engineering Consulting SeNices for Delaney Arena Improvements October 26, 2015 Page4 As such, the current scope the Delaney Rink Renovation project includes: • Replacement of the refrigerated rink slab and piping • Replacement of the Dasher Board system • Moving the player's benches to the east side of the rink • Sound system upgrade • Addition of acoustic treatment • Completing the seating replacement program • Renovation public washroom to current accessibility standards • Making one dressing room barrier free compliant • Improving barrier free viewing • Upgrading the referee's rooms The consolidated approach is also beneficial when retaining the services of an architectural consultant. Through this approach, the procurement of one architectural firm to design and manage the Delaney Rink Renovation project will maintain a single source for design responsibility, eliminate coordination errors, and make efficient use of ·the project schedule. Subject to being awarded funds from the Canada 150 Community Infrastructure program, the design and construction of the renovation project will be expanded to include the modernization of the Delaney Rink public entrance with the elimination of the dated concrete ramp entrance to the Delaney Rink and the addition of an elevator, and a second floor with multipurpose community meeting rooms in its place. At this time, City staff have been advised that all funding announcements will be suspended during the federal election. Therefore, for the purposes of this report, the design costs identified include all associated costs to complete the Delaney Rink Renovation Project with the expanded scope of work. The City of Pickering will require confirmation of Canada 150 Community Infrastructure program funding by December 1, 2015 .in order to complete the expanded renovation project during the planned 2016 summer construction schedule. In the absence of confirmed funding, city staff will proceed to complete the Delaney Rink Renovation Project without the expanded scope of work in 2016 as originally planned. In other words, if the grant is not approved, the City will not spend the $67,060.00 for the additional design work. The City's affiliated ice user groups have been notified of the Delaney Rink Renovation project and planned shutdown period and have been pleased to work with the City to rearrange their program schedules. The affiliated ice user groups will also be consulted during the design phase of this arena renovation project to ensure that their input is received and considered. ( · . i1:_. __ L_·ro REPQRt#·ct<_ zz_-1 s Architectural & Engineering dniGltiftg S~l,~es Delaney Arena Improvements · RFP-12-2015 Stage II -Evaluation of Rated Criteria Stage II will consist of a scoring on the basis of the Rated Criteria. Subject to the Terms of Reference and Governing Law, the top-ranked proponent as established under the evaluation will be selected to enter into a .Gontract for the provision of the Deliverables. The selected proponent will be expected to enter into a contract within the timeframe specified in the selection notice. Failure to do so may, among other things; result in the disqualification of the proponent and the selection of another proponent, or the cancellation of the RFP. The following 'is an overview of the categories· and weighting for the rated criteria of the RFP. -- Appendix F -RFP Particulars C. Rated-Criteria The following is an overview of the categories and weighting for the rated criteria of the RFP. Rated Criteria Category Weighting (Points) Stage II Understanding of Project 15 Work Plan and Deliverables 30 Quaiity of Proposal 5 Stage Ill Pricing Tabl~ #1 Project Cost -40 Pricing Table #2 Professional Services 5 Hourly Rates Pricing Table #3 Sub Consultant Hourly 5 Rates Total Points 100 Stage V Interview 20 Understanding of Project= 15 Points The Proposal shall include information that provides: a. Information that the Proponent understands the objectives and requirements of this project; Proponents must relate these objectives to past experience or expertise of the Proponent and/or their team; · · · b. Identification of "value-added" services brought by the Proponent's team; and . c. A summary of the risks;. problems or issues associated with the Work and how they will be mitigated. · .Work Plan and Deliverables = 30 Points The Proponent is to articulate, clearly and concisely, the following: 72 J. CHM-· ·~· · · I ·· /0 Z2 -IS , ' , ( A fA t; f\l ! t't ''t.{'(j:Y / tF ~\-·cC>, ' a. An indication of how soon the Proponent can commence the work; b. A detailed work plan indicating the method, tasks, deliverables; c. A schedule that identifies Work phases (by Gantt Chart or other similar illustration) including key dates for major deliverables (design development, working drawings, tender documents, tendering, construction administration and post construction) in the Proponent's detailed work plan; d. Proposed staffing roles and the amount of time, shown in hours, they will be dedicated to this project; e. Detail how the proponent will manage their fee and deliverables to ensure that there are no, or minimal, claims for extra fees. . f. Identification of the experience/past projects of the cost consultant and their success rate; and g. State the assumptions regarding the roles and involvement of the City staff. h. Summary of quality assurance manual and procedures. i. Explicitly identify any Deliverables and/or Services which are a part of ·the RFP but are being excluded by the Company during the term of the contract. ·Quality of Proposal-Total Points= 5 Presentation of proposal, examples, details, content organization and how virell instructions are followed. Pricing Provide a lump sum price (excluding HST) for Architectural & Engineering Design Services for the Delaney Arena Renovation and as further described in Appendix F -RFP Particulars, Section A Deliverables · Pricing-Total Points= 50 Points . Pricing will be scored based on a relative pricing formula using the Total Project Cost set out .in the Rate Bid Form Pricing Table #1 and the average of all hourly rates provided in Pricing Table #2 and Pricing Table #3 . . Proponents must complete the Rate Bid Form-Appendix D. Each prop~nent will receive a percentage of the total possible points allocated for each Pricing . Section .for the particular category it has bid on by dividing that proponent's price for that category into the lowest bid. price in that category. For example, for pricing if a proponent bids $120.00 for a particular category and that is the lowest bid price in that category, that proponent receives 100% of the possible points for that category (120/120 = 100%). A proponent who bids $150.00 receives 80% of the possible points for that category (120/150 = 80%), and a proponent who bids $240.00 receives 50% of the possible points for that category (120/240 =50%). Lowest lump sum price x Total av~ilable points= Score with second-lowest lump sum price Second-lowest lump sum price Lowest lump sum price x Total available points= Score with third-lowest lump sum price Third-lowest lump sum price RFP-12-2015 Page 2 of 3 4~hitectural & Engineering Consulting Services Delaney Arena Improvements .S~age Ill will consist of a ~~0ri~--~7fh~v~~~~~~~~s1mitt~~7¥~~v~~tio~ ~ ~:i~ will be undertaken after Stage I and II have been completed. Stage IV will consist of combining all scores from Stage II and Stage Ill. Up to three (3) of the highest-ranking Proponents may then be selected for an interview in Stage V. · Stage Vwill consist of a scoring of the interview which will determine which Proponent will be recommended for award. At the conclusion of Stage V, the highest-ranking Proponert determined solely by the interview may be selected for Contract negotiations in ·accordance with Part 4-Terms and Conditions of the RFP process. The following list of attachments has been provided to assist the Evaluation Committee to complete their individual evaluations: 1. Stage II -Evaluation of Rated Criteria; 2. Evaluation Form; . . 3. Copy of the proposals received (hard copies will be sent via inter-office mail); and. 4. Copy of Request for Proposal Document. Please direct enquiries to Supply .& Services. Respondents will be advised of the outcome when the contract has been awarded. If you require further information, please contact n:e or a member of Supply & Services . . ~~ ~'"'r VAF/sb d · t· Attachments »if" Request for Proposal No: RFP-12-2015 Architectural & Engineering Consulting Services -Delaney Arena Improvements· Page 2 of 2 76 Excerpt from the Executive Committee Meeting minutes of June 8, 2015 6~ Director, Culture & Recreation, Report CR 09..:15 Canada 150 Community Infrastructure Program · · -Endorsement of Proposed Pickering Project Recommendation Moved by Councillor Pickles Se~onded by Councillor Johnson 1. That Report CR 09-15 of the Director, Culture & Recreation regarding the Canada 150 Community Infrastructure Program be approved; . . 2. That Council approve the participation of the Corporation of the City of Pickering in the· canada 150 Community Infrastructure Program: · a) b) through the submission of an online application by the deadline of June 9, 2015; that the City's application for the grant consist of the. Renovation of the Delaney Rink at a total estimated cost of $2,900,160 witti a net estimated City cost of $1 ,934,407; 3. That staff be given authority to.prepare and submit the necessary documentation for the online application including a resolution of Council; 4. That staff be given the authority to apply for any future grant applications; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect hereto. Carried ·-' 102 . ATf/-\CHM.EN"f t:t.3_.TO REPORT#~€_ ;(~ ,..f S Qo DF~if- Canada 1 SO Community Infrastructure Program City of Pickering application for the Renovation of the Delaney Rink Item: Delaney Rink Slab 1+11 · F~dierrail ~conomio !Developm®fii'ti: Ag:enuy ~©tr Sou[hem Ontaiio A~~n~e r~d~ral~ d~ d~\~I\fippement ~OOfli(f!trilf.que puuii le .$.1J1d de l'Ontarlo Federal .Economic Development Agency for Southern Ontario (FedDev Ontario) Yo':Jr form has been successfully submitted to the FedDev Ontario Canada 150 Community Infrastructure Program. · Application Number: Please save this confirmation for your reference and note the above applicatio)l .. number in future correspondence. Thank you for your inter~st in the program. 115 117 FIN 26-15 October 26, 2015 Subject: Veridian Corporation -Promissory Note Amending Agreement Page 2 Discussion: Should Council approve staff's recommendations, the amount of principal owing to the City of Pickering will remain unchanged at $7,095,000. However, the Veridian Corporation Note will be extended for a further three years from December 31, 2015 to December 31, 2018. It is anticipated that the rate of interest (6.0%) will remain the same or be higher during the three year renewal term. At the stated rate of interest, this investment provides the City's highest yielding rate of return on any of its corporate notes. At this time, there is no other form of investment with the same relatively low level of risk that provides this rate of return. The City also owns approximately 41% of Veridian, providing an additional level of assurance that the Note and all accruing interest will be repaid. Table One below provides a summary of the Veridian Promissary Notes held by the City. Table One Maturity Principal Interest Interest Promissory Note Desc. Dates Amount Rate Earned per year Due Dec Veridian Corporation (VC) 31,2015 * $7,095,000 6.00% $425,700 Due Dec Veridian Conn Inc (VCI) 31,2019 $17,97 4,000 4.47% 803,438 Total Interest Revenue $1!229!138 *Extending the maturity date to December 31, 2018 is the subject of this Report. CORP0227-07/01 revised ATTACHMENT1t / ·TO RePORT# ,_t/~ c?,.to-/s-- ~ J .of •. ;;:( MEMORANDUM VE .. Rl' ·D. ·· ·iAN• ... • · ,· .... :·. : . '• . CONNECT,JONS To: Frona: Date: Re: Martin DeRond, Town of Ajax Matt MacDonald, City of Belleville Debbie Shields, City of Pickering Ann Greentree, Municipality of Clarington Adrienne Windsor October 5, 2015 Cc: Laurie McLorg MichaelAngenaeer George Arnastrong Tanya Laschuk. Extension ofVeridian Corporation Pronaissory Notes-Instructions to Municipal Shareholders I have received a request for directions as to the steps that are required to take in order to complete the extension of the V eridian Corporation Promissory Notes. Steps to be taken V ericlian Corporation now wishes to extend the maturity date for an additional period of three years to December 31, 2018, such extension to be effective as of December 30, 2015. Tbis will be achieved by taking tl:ie following steps, which is the same process that was followed in 2012 to effect the extension of. the Current Promissory Notes: 1. V ericlian Corporation, V ericlian Connections Inc. and V ericlian Energy Inc. approved the following resolutions at their September 24, 2015 board meetings. Resolution # 2015-VC38 (Yeridian Corporation and Veridian Energy Inc.) Resolution #2015-VCI28 (Yeridian Connections Inc.) . RESOLVED THAT; WHEREAS the Pronaissory Notes owed by V eridian Corporation to the naunicipal shareholders naature on Decenaber 31st, 2015; and, WHEREAS Vendian Managenaent and Treasurers of the naunicipal shareholders have naet and agreed upon terms for renewal of the Pronaissory Notes; The Audit and Risk Managenaent Conanaittee reconanaends to the Veridian Corporation Board and the V eridian Connections Board the renewal of the Shareholder Pronaissory Notes as outlined in the report prepared by the Vice President Financial Services and Chief Financial Officer as presented tb the V eridian Corporation Audit and Risk Managenaent Conanaittee naeeting held on Septenaber 2, 2015. 120 121 '''_,:ATTACHMENT#'· . I ·.:TQ';'REPORT# Pi J B (o-l ~ Date: October 5, 2015 · .. d. .of. 0<. Page 2 Memore: Extension of V eridian Corporation Promissory Notes - Instructions to Municipal Shareholders 2. Our solicitors, Borden, Ladner Gervais have prepared a by-law (attached) to be passed by each of the Municipal Shareholders in order to: (i) authorize the entry of such Municipal Shareholder into the Note Amending Agreement, (ii) (ii) approve the issue by Veridian Corporation of its respective New Promissory Note, and (iii) agree to .surrender its Current Promissory Note for cancellation .. Each Municipal Shareholder should review and complete the required details in the draft by-law provided and pass such by-law at the required meeting of the Municipal Shareholder. Note: Borden Ladner Gervais holds the Current Promissory Notes in their vault, on behalf of the Municipal Shareholders; therefore there is no requirement for the Municipal Shareholders to physically surrender the Current Promissory Notes. 3. Once such by-law has been passed, each Municipal Shareholders should provide: (i) a scanned pdf copy by email to Adrienne Wmdsor; (a\\rindsorrmveridi?..n.on.ca), and (i.I) an original of the executed by-law, to V eridian Corporation, · 55 Taunton Road E., Ajax, Ontario, Attention Adrienne Wmdsor. 4. Once Veridian has received a copy of each by-law, I will commence circulating the Note Amending Agreement and New Promissory Note to be executed by each Municipal Shareholder. I will make contact with each one of you to schedule the date/ time the agreement can be exe.cuted by yourself and your Mayor. 5. Once all relevant parties· have signed the Note Amending Agreement and New Promissory Notes, Vendian will provide such documents, and the by-laws of the Municipal Shareholders, to Borden Ladner Gervais. The documents will be dated and come into effect on December 30, 2015. On December 30, we will arrange for the Current Promissory Notes, which are held in Borden, Ladner Gervais's vault, to be marked cancelled. With the permission of the Municipal Shareholders, we will then deposit the New Promissory Notes in Borden Ladner Gervais's vault . to be held pending further instructions from the Municipal Shareholders. 6. Finally, pdf copies of the executed and dated Note Amending Agreement and New Promissory Notes to all parties will be delivered to each respective office for your records. I trust the above is helpful. Please do not hesitate to contact me should you have any additional questions regarding the process. ATTACHMENT# c;{ TO REPORT# F!rf d.(o -Is- . { .of.~ · THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. [•l/15 Being a by-law to approve imd authorize the execution of a note amending agreement made as of the L26th_j day of LOctober_j, 2015 in respect of fourth amended and restated promissory notes· dated October 31, 2012 issued by Veridian Corporation in favour of The Corporation of the Town of Ajax, The Corporation of the City of Belleville, The Corporation of the Municipality of Clarington and The Corporation of the City of Pickering, and to approve the issue of fifth amended and restated promissory notes dated as of the [30th_j day of L_December_j, 2015. WHEREAS the Electricity Act, 1998 authorized a municipality to make by-laws transferring employees, assets, liabilities, rights and obligations of the municipal corporation and to receive securities as consideration therefor and Veridian Corporation ("VC") issued promissory notes (the "Original Notes") dated September 28, 2001 in favour of The Corporation of the Town of Ajax ("Ajax), The Corporation of the City of Belleville ("Belleville"), The Corporation of the Municipality of Clarington ("Clarington") and The Corporation of the City of Pickering ("Pickering") due on the 31st day of October, 2006; AND WHEREAS the Original Notes were amended and restated pursuant to note amending agreements dated as of October 1, 2006, October 31,2009 and October 31,2012 and the fourth amended and restated promissory notes dated the 31st day of October, 2012 are due on the 31st day of December, 2015 (the "Fourth Restated Note;;"); AND WHEREAS VC has requested an extension of the maturity date of the Fourth Restated Notes; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING ENACTS AS FOLLOWS: 1. THAT Council approves the extension of the maturity date of the Fourth Restated Notes to the 31st day ofDecember, 2018. 2. THAT Council approves and authorizes the note amending agreement (the "Agreement") made as of the [26 __j day of L October _j, 2015 amongst Ajax, Belleville, Clarington and Pickering, as the holders of the Fourth Restated Notes and VC, Veridian Connections fuc. and Veridian Energy fuc. ·in the form of the draft agreement presented to Council and attached hereto as Schedule "A". 3. THAT Council approves the issue of the fifth amended and restated promissory notes (each a "Fifth Restated Note") by VC pursuant to the Agreement. 4. THAT the Mayor and the Clerk are authorized to execute the Agreement. 5. THAT the Clerk is authorized and directed to surrender to VC the Fourth Restated Note in favour of this Municipality in the principal amount of $7,095,000 and to receive a Fifth Restated Note in favour of this Municipality pursuant to the Agreement. 6. THAT the Clerk is authorized to affix the Corporate Seal of The Corporation of the City of Pickering to the Agreement. 122 123 ATTACHt.JiEN-T# d TO REPORT# rt ,j CJ-0 -/~ C)-.of. O:Z TillS BY-LAW SHALL COME INTO FORCE AND TAKE EFFECT IMMEDIATELY ON AND AFTER THEPASSINGTHEREOF. Read a first time this 26 day of October, 2015. Read a second time this 26 day of October, 2015. Read a third time this 26 day of October, 2015. David Ryan, Mayor Debbie Shields, Clerk TOROl: 5997237: v2 AITACHMENT# S TO REPORT# F I ,_j c!J f..o -Is- f .of. a 0\ NOTE AMENDING AGREEMENT THIS AGREEMENT made as of the 30th day ofDecember, 2015. BETWEEN: The Corporation of the Town of Ajax ("Ajax") -and- The Corporation of the Municipality of Clarington ("Clarington") -and- The Corporation of the City of Pickering ("Pickering") -and- The Corporation of the City of Belleville ("Belleville") (Ajax, Belleville, Clarington and Pickering are referred to collectively herein as the "Veridian Shareholders") -and- Veridian Corporation, a corporation existing under the laws of Ontario ("VC") -and- Veridiau Connections Inc., a corporation existing under the laws of Ontario ("VCI") -and- Veridian Energy Inc., a corporation existing under the laws of Ontario ("VEI") (VC, VCI and VEl are referred to collectively herein as the "Veridian Group") 124 125 RECITALS: ATTACHMENT# 3 TO REPORT# PI ;j dfo -/ S d---2 ;Of. d. ~ A. VC has previously issued one promissory note to each of the Veridian Shareholders (collectively the "VC Notes"} issued pursuant to the applicable transfer by-laws enacted pursuant to the authority granted under the Electricity Act, 1998, which VC Notes are outstanding as of the date hereof;. B. The Veridian Shareholders wish to amend the VC Notes as provided herein; C. The V eridian Shareholders have consulted with the V eridian Group in connection with the proposed amendments to the VC Notes; NOW THEREFORE TIDS AGREEMENT WITNESSES that in consideration of the respective covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Amendment: The Veridian Shareholders will surrender forthwith to VC the existing VC Notes (the VC Notes hereinafter collectively, the "Predecessor Notes") (descriptions of such Predecessor Notes being set out in Appendix "A" attached hereto). VC will forthwith issue an amended and restated promissory note to each of the four Veri dian Shareholders (the "Amended and Restated Promissory Notes") in the same principal amounts as the VC Notes in the forms attached hereto as Appendix "B". For greater clarity, the amendment and restatement of the Predecessor Notes shall not extinguish the debt created pursuant to the transfer by-laws and Predecessor Notes and such debt is continued as amended and restated in the Amended and Restated Promissory Notes. 2. Counterparts: This Note Amending Agreement may be executed in any number of counterparts, each of which will be deemed to be an original and all of which taken together will be deemed to constitute one and the same agreement. IN WITNESS WHEREOF the parties hereto have duly authorized and executed this Note Amending Agreement as of the day and year first above written. THE CORPORATION OF THE TOWN OF AJAX By: ________________ c/s Name: Steve Parish Title: Mayor By: ________________ c/s Name: Martin DeRond Title: Clerk ATTACHMENT# 3 TO REPORT# F1~ -3-3 .of. c;;.. ~ ata -I~ THE CORPORATION OF THE CITY OF BELLEVILLE By: _______________ c/s Name: Taso Christopher Title: Mayor By: _______________ c/s Name: Matt MacDonald Title: Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: _______________ c/s Name: Adrian Foster Title: Mayor By: _______________ c/s Name: Ann Greentree Title: Clerk THE CORPORATION OF THE CITY OF PICKERING By: _______________ c/s Name: David Ryan Title: Mayor By: _______________ c/s Name: Debbie Shields Title: Clerk 126 -4- ATTACHMENT# 3 . TO REPORT# r/ j t..f-.of . .;L ~ ofo-1~ VERIDIAN CORPORATION By:. ____________ _;___c/s Name: Title: President By:-.,-_____________ cis Name: Title: Chair VERIDIAN CONNECTIONS INC. By: _______________ c/s Name: Title: President By: ______________ c/s Name: Title: Chair VERIDIAN ENERGY INC. By:. _______________ c/s Name: Title: President By:. ______________ c/s Name: Title: Director 127 ATTACHMENT# 3 TO REPORT# "F! ,.j (o .of. c9 ~ ~fo-1~ Appendix "B" Four ( 4) VC Amended and Restated Promissory Notes attached hereto. TOROl: 5989554: v5 129 ATTACHMENT# 3 TO REPORT# F/ J . ---::; .of. d ~ O<(e,-{S FIFTH AMENDED AND RESTATED TERM PROMISSORY NOTE Maturity Date: Principal Amount: December 31st, 2018 $5,550,000 This note amends and restates a Fourth Amended and Restated Promissory Note (the "Predecessor Note") issued by Veridian Corporation to the Corporation of the Town of Ajax (the "Holder") on October 31st, 2012 for the Principal Amount. The Predecessor Note was issued pursuant to By-law No. 135-2012 of the Holder. This note amends the terms of repayment of, and does not extinguish, the debt created pursuant to the transfer by-law (enacted pursuant to the authority granted under the Electricity Act, 1998) as set forth originally in By-Law 115-99 of the Holder, as amended by By-Law 135-2012, and the Predecessor Note. FOR VALUE RECENED, Veridian Corporation (the "Corporation"), hereby promises to pay to or to the order of the Corporation of the Town of Ajax, in lawful money of Canada, on December 31st, 2018 (the "Maturity Date") at the principal office of the Holder, the principal amount of FNE MILLION, FNE HUNDRED AND FIFTY THOUSAND Dollars ($5,550,000) (the "Principal Amount") together with interest on the unpaid Principal Amount. 1. Interest Rate. Interest on the Principal Amount shall be calculated annually, not in advance, for the period from January 1st, 2016 until the Maturity Date, at a rate equal to the greater of: (a) six percent (6%), and (b) a rate equal to the Ontario Energy Board ("OEB") deemed long-term debt rate as set forth on an annual basis in the OEB's Cost of Capital Parameter Updates for Cost of Service Applications, or as the deemed long-term debt rate may otherwise be established by the OEB (the "Interest Rate"). Interest at the Interest Rate shall be payable on December 31st in each year up to and including the Maturity Date. The · Corporation acknowledges that the Interest Rate payable pursuant to this note shall be automatically amended from time to time to reflect the deemed rate established by the OEB from time to time and this note shall be automatically amended from time to time to reflect any change to the Interest Rate as determined by the OEB provided that such deemed rate is greater than six percent (6%). Notwithstanding that the Interest Rate pursuant to this note shall be amended, the effective date of any change in the Interest Rate pursuant to this note will be as of January 1st each year. 2. Acceleration on Default. Upon default in the payment of any principal or interest due hereunder, or if the undersigned shall become insolvent or bankrupt or make a proposal in bankruptcy, the entire unpaid principal indebtedness owing by the undersigned to the Holder evidenced hereby and all interest accrued thereon to the date of payment shall forthwith become due and payable upon demand by the Holder subject to any subordination and postponement to any other financial institution or lender. 130 131 ATTACHMENT# 3 TO REPORT# ~/j -2-B .of.a ~ c9b-lr;- 3. Ranking of this Note. This Note shall rank equally in all respects as to the payment of principal and interest hereunder with promissory notes issued to the Corporation of the City of Pickering, to the Corporation of the Municipality of Clarington and to the Corporation of the City of Belleville (collectively the "Municipalities") described in Schedule "A" hereto (together the "Other Notes"). 4. Conversion of this Note. All (but not less than all) of the Principal Amount of this Note is convertible into fully-paid and non-assessable common shares of the Corporation based on the exchange ratio specified herein at the option of the Holder, which option may be exercised by the Holder by notice in writing to the Corporation on or before the Maturity Date. The exchange ratio for the conversion of the Principal Amount of this Note shall be on the basis that, for • every $1,000.00 of Principal Amount, 1 fully paid and non-assessable common share of the Corporation shall be issued to the Holder. The conversion of the Principal Amount will be effected on the date determined by the Holder following consultation with the Corporation. 5. Subordination. The Holder acknowledges and agrees that the obligation of the Corporation to repay the Principal Amount and the principal amount of the Other Notes is subordinated and postponed to the obligations of the Corporation from time to time to any other finanCial institution or lender. The Holder will execute, promptly do, deliver or cause to be done, executed and delivered all further acts, documents and things as may be required to provide for the subordination and postponement of the Holder's rights evidenced by this Note. 6. Revisions and Replacement. At the sole option of the Holder, the Maturity Date and any of the terms of this Note may be revised, changed or restated by the . Holder following consultation with the Corporation. If this Note is revised, changed or restated, the Corporation may cancel and replace this Note in which case, the Holder shall forthwith surrender this Note for cancellation. 7. Sale of Shares. In the event that the Holder transfers its common shares in the capital of the Corporation (in accordance with the terins of a shareholders' agreement among the Holder, the Municipalities, Veridian Connections Inc., Veridian Energy Inc. and the Corporation dated September 28, 2001, as amended and/or restated from time to time) prior to the Maturity Date, the Note shall remain due to the Holder in accordance with its terms. 8. Note Non-negotiable and Non-assignable. The Note shall be non-negotiable and non-assignable. 133 -4-AnAcHMENT# 3 To REPORT# PI ,J dlo -Js I 0 .of. ;;;_ c:;z SCHEDULE "A" 1. Fourth Amended and Restated Term Promissory Note issued by Veridian Connections fuc. to the Corporation of the Municipality of Clarington in the principal amount of$5,966,000 and dated March 30, 2010. 2. Fourth Amended and Restated Term Promissory Note issued by Veridian Connections fuc. to the Corporation of the City of Pickering in the principal amount of$17,974,000 and dated March 30, 2010. 3. Fifth Amended and Restated Term Promissory Note issued by Veridian Corporation to the Corporation of the Municipality of Clarington in the principal amount of$2,355,000 and dated L_], 2015. 4. Fifth Amended and Restated Term Promissory Note issued by Veridian Corporation to the Corporation of the City of Pickering in the principal amount of $7,095,000 and dated L_], 2015. 5. Fifth Amended and Restated Term Promissory Note issued by Veridian Corporation to the Corporation of the City of Belleville in the principal amount of $2,206,000 and dated L_], 2015. 6. Fourth Amended and Restated Term Promissory Note issued by Veridian Connections fuc. to the Corporation of the City of Belleville in the principal amount of$5,588,000 and dated March 30, 2010. TOROl: 5989550: v2 ATTACHMENT# 3 TOREPORT#F;~ Ol(o-/S II .of. ~~ FIFTH AMENDED AND RESTATED TERM PROMISSORY NOTE Maturity Date: Principal Amount: December 31st, 2018 $2,.355,000 This note amends and restates a Fourth Amended and Restated Promissory Note (the "Predecessor Note") issued by Veridian Corporation to the Corporation of the Municipality of Clarington (the "Holder") on October 31st, 2012 for the Principal · Amount. The Predecessor Note was issued. pursuant to By-law No. 2012-077 of the Holder. This note amends the terms of repayment of, and does not extinguish, the debt created pursuant to the transfer by-law (enacted pursuant to the authority granted under the Electricity Act, 1998) as set forth originally in By-Law 99-173 of the Holder, as amended by By-Law 2012-077, and the Predecessor Note. FOR VALUE RECEIVED, Veridian Corporation (the "Corporation"), hereby promises to pay to or to the order of the Corporation of the Municipality of Clarington, in lawful money of Canada, on December 31st, 2018 (the "Maturity Date") at the principal office of the Holder, the principal amount of TWO :MILLION, THREE HUNDRED AND FIFTY -FIVE THOUSAND Dollars ($2,355,000) (the "Principal Amount") together with interest on the unpaid Principal Amount. 1. Interest Rate. Interest on the Principal Amount shall be calculated annually, not in advance, for the period from January 1st, 2016 until the Maturity Date, at a rate equal to the greater of: (a) six percent (6%), and (b) a rate equal to the Ontario Energy Board ("OEB") deemed long-term debt rate as set forth on an annual basis in the OEB's Cost of Capital Parameter Updates for Cost of Service Applications, or as the deemed long-term debt rate may otherwise be established by the OEB (the "Interest Rate"). Interest at the Interest Rate shall be payable on December 31st in each year up to and including the Maturity Date. The Corporation acknowledges that the Interest Rate payable pursuant to this note shall be automatically amended from time to time to reflect the deemed rate established by the OEB from time to time and this note shall be automatically amended from time to time to reflect any change to the Interest Rate as determined by the OEB provided that such deemed rate is greater than six percent (6%). Notwithstanding that the Interest Rate pursuant to this note shall be amended, the effective date of any change in the Interest Rate pursuant to this note will be as of January 1st each year. · 2. Acceleration on Default. Upon default in the payment of any principal or interest due hereunder, or if the undersigned shall become insolvent or bankrupt or make a proposal in bankruptcy, the entire unpaid principal indebtedness owing by the undersigned to the Holder evidenced hereby and all interest accrued thereon to the date of payment shall forthwith become due and payable upon demand by the Holder subject to any subordination and postponement to any other financial institution or lender. 134 135 ATTACHMENT# .:3 TO REPORT# F/;.j a(o-)5 _ -2 -1 c;._ .of . .;;>. ~ 3. Ranking of this Note. This Note shall rank equally in all respects as to. the payment of principal and interest hereunder with promissory notes issued to the Corporation ofthe Town of Ajax, to the Corporation of the City of Pickering and to the Corporation of the City of Belleville (collectively the "Municipalities") described in Schedule "A" hereto (together the "Other Notes"). 4. Conversion of this Note. All (but not less than all) of the Principal Amount of this Note is convertible into fully-paid and non-assessable common shares of the Corporation based on the exchange ratio specified herein at the option of the Holder, which option may be exercised by the Holder by notice in writing to the Corporation on or before the Maturity Date. The exchange ratio for the conversion of the Principal Amount of this Note shall be on the basis that, for every $1,000.00 of Principal Amount, 1 fully paid and non-assessable common share of the Corporation shall be issued to the Holder. The conversion of the Principal Amount will be effected on the date determined by the Holder following consultation with the Corporation. 5. Subordination. The Holder acknowledges and agrees that the obligation of the Corporation to repay the Principal Amount and the principal amount of the Other Notes is subordinated and postponed to the obligations of the Corporation from time to time to any other financial institution or lender. The Holder will execute, promptly do, deliver or cause to be done, executed and delivered all further acts, documents and things as may be required to provide for the subordination and postponement of the Holder's rights evidenced by this Note. 6. Revisions and Replacement. At the sole option of the Holder, the Maturity Date and any of the terms of this Note may be revised, changed or restated by the Holder following consultation with the Corporation. If this Note is revised, changed or restated, the Corporation may cancel and replace this Note in which case, the Holder shall forthwith surrender this Note for cancellation. 7. Sale of Shares. In the event that the Holder transfers its common shares in the capital of the Corporation (in accordance with the terms of a shareholders' agreement among the Holder, the Municipalities, Veridian Connections Inc., Veridian Energy Inc. and the Corporation dated September 28, 2001, as amended and/pr restated from time to time) prior to the Maturity Date, the Note shall remain due to the Holder in accordance with its terms. 8. Note Non-negotiable and Non-assignable. The Note shall be non-negotiable and non-assignable. AITACHMENT# 0 TO REPORT# F!j -3-I 3 .of. c; ~ c9io -IS: IN WITNESS WHEREOF Veridian Corporation has caused this Note to be signed under its corporate seal by its duly authorized officers as of this L_] day of L_], 2015. VERIDIAN CORPORATION By: Name: Title: Chair By: Name: Title: President 136 137 -4-ATTACHMENT# 3 TO REPORT# Fi j . I '-f.of. d-;;)._ 0<~-l~ SCHEDULE "A" 1. Fourth Amended and Restated Term Promissory Note issued by Veridian Connections Inc. tothe Corporation of the Town of Ajax in the principal amount of$14,060,000 and dated March 30, 2010. 2. Fourth Amended and Restated Term Promissory Note issued by Veridian Connections Inc. to the Corporation of the City of Pickering in the principal amount of$17,974,000 and dated March 30,2010. 3. Fifth Amended and Restated Term Promissory Note issued by Veridian Corporation to the Corporation of the Town of Ajax in the principal amount of $5,550,000 and dated LJ, 2015. 4. Fifth Amended and Restated Term Promissory Note issued by Veridian Corporation to the Corporation of the City of Pickering in the principal amount of $7,095,000 and dated LJ, 2015. 5. Fifth Amended and Restated Term Promissory Note issued by Veridian Corporation to the Corporation of the City of Belleville in the principal amount of $2,206,000 and dated LJ, 2015. 6. Fourth Amended and Restated Term Promissory Note issued by Veridian Connections Inc. to the Corporation of the City of Belleville in the principal amount of$5,588,000 and dated March 30,2010. TOROl: 5989549: v3 ATTACHMENT#_3_ TO REPORT# A J --- ;s-.of. c9 a__ CJfo-fS FIFTH AMENDED AND RESTATED TERM PRO:MISSORY NOTE Maturity Date: Principal Amount: December 315\ 2018 $7,095,000 This note amends and restates a Fourth Amended and Restated Promissory Note (the "Predecessor Note") issued by Veridian Corporation to the Corporation ofthe City of Pickering (the "Holder") on October 31 5\ 2012 for the Principal Amount. The Predecessor Note was issued pursuant to By-law No. 7245/12 of the Holder. This note amends the terms of repayment of, and does not extinguish, the debt created pursuant to the transfer by-law (enacted pursuant to the authority granted under the Electricity Act, 1998) as set forth originally in By-Law 5586/99 of the Holder, as amended by By-Law 7245112, and the Predecessor Note. FOR VALUE RECENED, Veridian Corporation (the "Corporation"), hereby promises to pay to or to the order of the Corporation of the City of Pickering, in lawful money of Canada, on December 31st, 2018 (the "Maturity Date") at the principal office of the Holder, the principal amount of SEVEN MILLION NINETY-FIVE THOUSAND Dollars ($7,095,000) (the "Principal Amount") together with interest on the unpaid Principal Amount. 1. Interest Rate. Interest on the Principal Amount shall be calculated annually, not in advance, for the period from January 1st, 2016 until the Maturity Date, at a rate equal to the greater of: (a) six percent (6%), and (b) a rate equal to the Ontario Energy Board ("OEB") deemed long-term debt rate as set forth on an annual basis in the OEB's Cost of Capital Parameter Updates for Cost of Service Applications, or as the deemed long-term debt rate may otherwise be established by the OEB (the "Interest Rate"). Interest at the Interest Rate shall be payable on December 31st in each year up to and including the Maturity Date. The Corporation acknowledges that the Interest Rate payable pursuant to this note shall be automatically amended from time to time to reflect the deemed rate established by the OEB from time to time and this note shall be automatically amended from time to time to reflect any change to the Interest Rate as determined by the OEB provided that such deemed rate is greater than six percent (6%). Notwithstanding that the Interest Rate pursuant to this note shall be amended, the effective date of any change in the Interest Rate pursuant to this note will be as of January 1st each year. 2. Acceleration on Default. Upon default in the payment of any principal or interest due hereunder, or if the undersigned shall become insolvent or bankrupt or make a proposal in bankruptcy, the entire unpaid principal indebtedness owing by the undersigned to the Holder evidenced hereby and all interest accrued thereon to the date of payment shall forthwith become due and payable upon demand by the Holder subject to any subordination and postponement to any other fmancial institution or lender. 138 139 ATTACHMENT# 3 TOREPORT#Hrf c;2fo--('J- -2- / (e, .of. c;. ~ 3. Ranking of this Note. This Note shall rank equally in all respects as to the payment of principal and interest hereunder with promissory notes issued to the Corporation of the Town of Ajax, to the Corporation of the Municipality of Clarington and to the Corporation of the City of Belleville (collectively the "Municipalities") described in Schedule "A" hereto (together the "Other Notes"). 4. Conversion of this Note. All (but not less than all) of the Principal Amount of this Note is convertible into fully-paid and non-assessable common shares of the Corporation based on the exchange ratio specified herein at the option of the Holder, which option may be exercised by the Holder by notice in writing to the Corporation on or before the Maturity Date. The exchange ratio for the conversion of the Principal Amount of this Note shall be on the basis that, for every $1,000.00 of Principal Amount, 1 fully paid and non-assessable common share of the Corporation shall be issued to the Holder. The conversion of the Principal Amount will be effected on the date determined by the Holder following consultation with the Corporation. 5. Subordination. The Holder acknowledges and agrees that the obligation of the Corporation to repay the Principal Amount and the principal amount of the Other Notes is subordinated and postponed to the obligations of the Corporation from time to time to any other financial institution or lender. The Holder will execute, promptly do, deliver or cause to be done, executed and delivered all further acts, documents and. things as may be required to provide for the subordination and postponement of the Holder's rights evidenced by this Note. · 6. Revisions and Replacement. At the sole option of the Holder, the Maturity Date and any of the terms of this Note may be revised, changed or restated by the Holder following consultation with the Corporation. If this Note is revised, changed or restated, the Corporation may cancel and replace this Note in which case, the Holder shall forthwith surrender this Note for cancellation. 7. Sale of Shares. In the event that the Holder transfers its common shares in the capital of the Corporation (in accordance with the terms of a shareholders' agreement among the Holder, the Municipalities, Veridian Connections Inc., Veridian Energy Inc. and the Corporation dated September 28, 2001, as amended and/or restated from time to time) prior to the Maturity Date, the Note shall remain due to the Holder in accordance with its terms. 8. Note Non-negotiable and Non-assignable. The Note shall be non-negotiable and non-assignable. 141 AfTACHfViENT# 3 TO REPORT#·~ ,.j · ! I / -4-J 9 .of.d ~ ato ~/3 SCHEDULE "A" 1. Fourth Amended and Restated Term Promissory Note issued by Veridian Connections Inc. to the Corporation of the Municipality of Clarington in the principal amount of$5,966,000 and dated March 30, 2010. 2. Fourth Amended and Restated Term Promissory Note issued by Veridian Connections Inc. to the Corporation of the Town of Ajax in the principal amount of$14,060,000 and dated March 30,2010. 3. Fifth Amended and Restated Term Promissory Note issued by Veridian Corporation to the Corporation of the Municipality of Clarington in the principal amount of$2,355,000 and dated L_], 2015. 4. Fifth Amended and Restated Term Promissory Note issued by Veridian Corporation to the Corporation of the Town of Ajax in the principal amount of $5,550,000 and dated L_], 2015. 5. Fifth Amended and Restated Term Promissory Note issued by Veridian Corporation to the Corporation of the City of Belleville in the principal amount of $2,206,000 and dated L_], 2015. 6. Fourth Amended and Restated Term Promissory Note issued by Veridian Connections Inc. to the Corporation of the City of Belleville in the principal amount of$5,588,000 and dated March 30, 2010. TOROl: 5989551: v2 143 ATlACHfViENT# 3 TO REPORT# t=/j . -2-ao .of. <YcQ a.b-1~ 3. Ranking of this Note. This Note shall rank equally in all respects as to the payment of principal and interest hereunder with promissory notes issued to the Corporation of the Town of Ajax, to the Corporation of the Municipality of Clarington and to the Corporation of the City of Pickering (collectively the "Municipalities") described in Schedule "A" hereto (together the "Other Notes"). 4. Conversion of this Note. All (but not less than all) of the Principal Amount of this Note is convertible into fully-paid and non-assessable common shares of the Corporation based on the exchange ratio specified herein at the option of the Holder, which option may be exercised by the Holder by notice in writing to the Corporation on or before the Maturity Date. The exchange ratio for the conversion of the Principal Amount of this Note shall be on the basis that, for every $1,000.00 of Principal Amount, 1 fully paid and non-assessable common share of the Corporation shall be issued to the Holder. The conversion of the Principal Amount will be effected on the date determined by the Holder following consultation with the Corporation. 5. Subordination. The Holder acknowledges and agrees that the obligation of the Corporation to repay the Principal Amount and the principal amount of the Other Notes is subordinated and postponed to the obligations of the Corporation from time to time to any other fmancial institution or lender. The Holder will execute, promptly do, deliver or cause to be done, executed and delivered all further acts, documents and things as may be required to provide for the subordination and postponement of the Holder's rights evidenced by this Note. 6. Revisions and Replacement. At the sole option of the Holder, the Maturity Date and any of the terms of this Note may be revised, changed or restated by the Holder following consultation with the Corporation. If this Note is revised, changed or restated, the Corporation may cancel and replace this Note in which case, the Holder shall forthwith surrender this Note for cancellation. 7. Sale of Shares. In the event that the Holder transfers its common shares in the capital of the Corporation (in accordance with the terms of a shareholders' agreement among the Holder, the Municipalities, Veridian Connections Inc., Veridian Energy Inc. and the Corporation dated September 28,2001, as amended and/or restated from time to time) prior to the Maturity Date, the Note shall remain due to the Holder in accordance with its terms. 8. Note Non-negotiable and Non-assignable. The Note shall be non-negotiable and non-assignable. KrTACHMENT# 3. TOREPORT#M;j 0<~-/S -3 -d-/ .of. d-c?-- IN WITNESS WHEREOF Veridian Corporation has caused this Note to be signed under its corporate seal by its duly authorized officers as of this L_] day of L_], 2015. VERIDIAN CORPORATION By: Name: Title: Chair By: Name: Title: President 144 145 ATTACHMENT# 3 TO REPORT# r>rJ _ 4 _ d OJ-.of. d?-d... d (o -;:;- SCHEDULE "A" 1. Fourth Amended and Restated Term Promissory Note issued by Veridian Connections Inc. to the Corporation of the Municipality of Clarington in the principal amount of$5,966,000 and dated March 30, 2010. 2. Fourth Amended and Restated Term Promissory Note issued by Veridian Connections Inc. to the Corporation of the City of Pickering in the principal amount of$17,974,000 and dated March 30,2010. 3. Fifth Amended and Restated Term Promissory Note issued by Veridian Corporation to the Corporation of the Municipality of Clarington in the principal amount of$2,355,000 and dated L_], 2015. 4. Fifth Amended and Restated Term Promissory Note issued by Veridian Corporation to the Corporation ofthe City of Pickering in the principal amount of $7,095,000 and dated L_], 2015. 5. Fifth Amended and Restated Term Promissory Note issued by Veridian Corporation to the Corporation of the Town of Ajax in the principal amount of $5,550,000 and dated L_], 2015. 6. Fourth Amended and Restated Term Promissory Note issued by Veridian Connections Inc. to the Corporation of the Town of Ajax in the principal amount Of$14,060,000 and dated March 30, 2010. TOROl: 5989552: v2 October 26, 2015 Notice of Motion a) Climate Change Labels on Gas Pumps in Pickering . Moved by Councillor O'Connell Seconded by Councillor Mclean Whereas as pump labelling has been primed to go global with similar labels on tobacco packages all over the world. This concept is perhaps the lowest cost climate intervention in the world and yet has the potential to be among the most impactful; Whereas there is evidence that combustion of petroleum products such as gas and diesel in vehicle engines contributes to greenhouse gas emissions that affect natural systems in ways that are injurious to human health and the environment; Whereas point-of-sale warning labels have been required for other consumables, such as tobacco products, which has effectively reduced use of harmful products; Whereas gas pump labelling has been endorsed by over a hundred academics and leaders in their field from disciplines including the natural sciences, social sciences, public policy and economics at universities across North America, as well as non- governmental organizations (NGOs) such as the David Suzuki Foundation, the Canadian Association of Physicians for the Environment, and the Clean Air Partnership have similarly endorsed the idea; Whereas municipalities can require gasoline retailers to put warning labels on gas pumps similar to those found on cigarette packages. Municipalities in Ontario are able to do this under the authority of their licensing powers and general health and welfare powers found in the Municipal Act. Now therefore be it resolved that the City of Pickering support the resolution adopted by West Vancouver regarding gas pump labelling and that Council support be advanced for consideration at the 2016 Federation of Canadian Municipalities (FCM) convention; And that all vendors of retail petroleum products in Pickering be legislated to provide warning labels on all pump handles (pump talkers) and/or pump panels, and that those companies who do not have this feature on their pump handle be obligated to fit them with the plastic sleeves which will allow warning labels to be displayed. 146 By-laws 7446/15 7447/15 7448/15 7449/15 October 26, 2015 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 Lot 31, Concession 2, Parts 1 and 2, Plan 40R-28483, City of Pickering. (A 11/14) (By-law attached) Being a by-law to approve and authorize the execution of a note amending agreement made as of the 26th day of October, 2015 in respect of fourth amended and restated promissory notes dated October 31, 2012 issued by Veridian Corporation in favour of The Corporation of the Town of Ajax, The Corporation of the City of Belleville, The Corporation of the Municipality of Clarington and The Corporation of the City of Pickering, and to approve the-issue of fifth amended and restated promissory notes dated as of the 30th Day of December, 2015. [Refer to New and Unfinished Business pages 122-123] Being a by-law to authorize the Southview Drive Road Reconstruction project in the City of Pickering and the issuance of debentures in the amount of $660,000.00 [Refer to New and Unfinished Business Pages 50-51] Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Concession 1, Part Lots 23 and 24, 40R- 25448 Parts 1 ,2,4 to 37, 44 to 4 7 and Parts 3 and 38, 40R-6862 Parts 2 and 3, and 40R-10821 Part 1 except 40R-25266 Parts 1 to 6, in the City of Pickering. (A 9/15) [Refer to Planning Committee pages 4 7 to 48] 147 . The Corporation of the City of Pickering · . By-law No; 744G/15' . ·, __ ·. ·· Being .a By-law to a:m~nd Restricted ArE?a (Zoning) By-laW 3036, · ·._ as amended, to implement the Official Plan of the City of Pickering, 'Region ofDurharn,· Part L()t 31, Co-ncession 2, Parts1 and 2, . Plan 4QR-28483,-Gityof Pickering; (A 11/14) : · · ' . ·. ,_. . \ . . . Whereas the Council ~f The Corpm.ation of the Gi~ of ·Pickering received an · . .. .. application. to rezone the subject lands being Part Lot 31, Ce>ncession. 2, Parts· 1 and 2,'; · .· · •· PlanAOR-28483; ill the City of Pickering to. perr11it four lots for one detached dwelling ·•· · . . .· . c:md six sem.i-detC~ched dwellings; •.. . .. . . . . . - · : And whereas an. amend~~nt to .Z:()ning By.::IaW .3036, as amended, is r'equir~ci to permit ·. ''such uses; . . . ' . . ·. . . . . . . . . . . ' ' . . ' . ' .. ' ·Nowtherefore th~ Council ofTh,~ Corporation of the~Ci~ ofPic~ering he'reby enacts ·as .· ·.follows:· ·· ···.: · ·. · .· · · ·· · . ·· ·· . · .-. ·. ' . 1 ~. · . Schedule} . -·, . ' . -. .·. :. ~ .· . . .-.. ~ ~-. ; ·. ·· ·_ Schedule I atta~hed hereto, with notations .and· reference$ shown the;eon are .· ·. hereby de'clared .to be part of this By'""law. · ··· ·· .• 2. Area RestriCt~d . .. _3: 4. . . 149 . ·. The provisionsofthisBy-i~w shall applyto those lands in Part Lot 31, · .. · Concession 2, Parts>1. ?rid 2, Plan 40R-284~3; in the City bf Pickering; ·· · ~-.. designated'"(H)S5~2"and"SD-:7" onSchedulel attached .hereto,· · . . . . . ' ' ~ . -. .; .· .·-. . -. ._ . . .. ... ', . ; . : . : . G-eneral Provisions ·· ·: No building, struCture,· land or part.thereofshaH he.reafterbe used,' occu.pied; .· erected, moved orstructurauy·altere.d exceptin ,conformity withthe'provisions·of'· this By-law~ · · · · · · · · ·· · : -' .. . . . ·.': ·_ ... <· ... _.·_ ::. _:·. · ·. In t!JisBy::.law, (a) · ·. · "Bay,'Bow,.Box\fJi~dow"shall meah ~wil)dowthatprotrude.~fromthe . . mainwall; usually bowed; canted, polygonal, segrr\ent;3l, semicircular or square sided with window On front face in.plan; oneormore stqreysin · . height, which may or, may not inClude a foundation; may orme1Y hot . ·· . include .a windo\fV se,at; e1nd may incluqea door .. ·· · · · (b) .· ·_."Owelling" shallmea.nabuilding qrpartofa building containing one or more dwe.lling units, but does riot include a mobile hc)me or trailer. By-law No. 7 446/15 Page 2 · (c) "Dwelling Unit" shaii mean one or more habitable rooms occupied or ·• capable of beirig occupied as a single, independent, and separate . < •• housekeeping unit containing a separate kitchen and sanitary facilities, (d). . . . . . .. . .. -"DweHing, Detachect" shall mean a single d\fl/elling whi¢h is freestanding, . separate and detacheqfrom other nlain buildings ()r structures. (e) "Dwelling, Semi-Detached" shallmean,one of a pairofsingedwellings, . ~ .•. · such dwellings being attached ·together horizontally by an. ab-ove grade · common walL: ·. . ·. . . .. . . . . . . · {f)-· •.· . "Height, Building'' shall mean. the ~vertical distance between:the established .· .. grade, atthe front of the house, and inthe-caseof a flatroof, the highest- . 'point ofthe roofsurfac~ or parapet wall, or in the case of a mqnsard roof .the deck line, or in the ca$6 ofa'gabled,hip or ganiprel roo( the mean .· .. ·· (g). ' . . . (h) . :height,between eaves_an4ridge. -. . ' . . . "Lof! ·shall-mean-an-area of land fronting bn a street which is us~d or·. . . intended to be used asthesite.ofabuilding, or -group of buildings, as the.···. · case may be, together with any accessory buildings or structures,: or a···· · public park .oropenspace-are·a, ·regardless of Whether or not SUCh lot constitutes the whole. of a lot orblpck on a registered plan.ofsubdivision. •' ' '.' • • I ' • ' • ·' ' '•' iot Gqverage"shaU mean the c~mbined-areas of all the buildings on the .. Jot measured aUhe level ofthe.first floor and expressecj as a percentage of the lot area. . . .. · . . . . ''Lot Frontage') shall mean the width-of a ·lotbe~eenthe sid~ lotlines · measured.along a line paraliel to and7,5metres distant from_ the frdntlot line,· · ·· · · · · · .. ·G) ' •. ·: .. "Private Garage"shall mean an en61osed or partially enclosed structure for .·. the_storageofone ormore. vehicles·, inyvhich structure rioqusiness or··. ·· .. (k) (I) .··. (m) service is conducted for profit or,otheJWise. . . ·.''Yard;' shall mecman areaoflcind\A/hichisappurtenantto ~nd located oil the same iotas abuilding or structure and is open, uncovered, and . unoccupied .above ground e:X:cept for such accessory. buildings, structures,. or other uses qs are specifically permitted thereon. ·· · ·· · · "FrontYard" shall mean a yard extending across the full widthof a lot between the front lot line ofthe lot and the nearest wall ofthe nearest ·-main building qr structure on the lot · · . ·"Front Yard Depth'' shaH n1eail the shortest horizontal dimension of a front .· yard of a lot between the front lot line and the nearest Weill of the nearest main building or structure on tile lot. . (n) ~.· · ''RearYard" .shall mean a yard extending acrossthe fuH yvidth ofalot . ··between the rear lotiine of the lot, qr where there is no rear lot line, the · .. · junction point of the side lot lines, and the nearest w~ll ofthe. neares't main · building or structure on the lot. . 150. 151 . By-law No. 7446/15 Page 3 (o) ·· "Rear Yard Depth" shall mean the shortest horizontal dimension ofa rear . yard of ~:riot between the rear lot line of the lot, or where there is no rear _· .. lot line, thejl.mction point of the side lot lines; and the nearest Vllalr ofthe .· nearest mail') building 'or structure on the lot · · (p) ''Side Yard;, shall mean a yard of; a iot extending from the front yard.to the·· · ·· . rearyard, and fromthe side lotlineto the nearestwa,llofthenearestmain. _building or structure on the lot · · · · · · · · · · · -·· ·.(q} ... ,;Side_YcimtWidtb" sh;3llmean.tht?shortesthorizont~ldimension of aside. · yard of a lot between the side lot line and the nearest wall ofthe nearest ., main puilding_ orstru.dure on the lof . . . . ,-.': . . (r) . ''Interior Side Yard". shall mean a side yard otherthan a.Jiankage side yard . ' . '· .. . . . ' . ·. (s)-· "Wall,frbnt" shall me~nthe walldfthe dwel~ing closest tbih~ frcmt lot line .. · 5. . Provisions . (1) . . .. ·· . : . ', ': . ' . ... Uses Permitted ("85-2" Zone) . ·,. : . ' ~-. No person shall within the lands zoned "85~2'1 onSchedule I att~ched· hereto,. use any lot or erect; alter, or use arw builc:Hng or structure for any .. p(Jrpose except the following: .• ' ·. . . . . ' . •. . . ' . •. (a) DetachedD~elli.ng _.· ~-. . (2,) · ZoneRequirements ("85-2'!Zone) -•. Nbpers~n sHall·wlthinthe lanqs zoned "85-2" on Schedl.Jit? I attached hereto, use any lot or erect, alter; or use any b'uilding except In·. : at~ordance with thefollovl/ing ·provisions:._ · · · {a) Lo~ Area (minimum): __ 250 square· metres · : · .. (b) Lot Frontage (minimumJ: _ ·. 9.0 metres (c)·· --FrontYardDepth(minimu~): . 4.5 metres· _. _ . . . (d) Side Yard Width (minimum): . 1~2 metres o~e side . 0 .61Tletres ori the other side (e) RearYardDepth (mi~imum): {f) Lot Coverag~ (maximum): ' .· ·'.· ' . . . 7.5 metres ·4~ percent (g) Building Height (maximum): 12.0 metres (h) Driveway Width (maximum): 4.5 metres . By_;law No. 7 446/15 Page4 . (~} Uses Permitted ("SD:.T' Zone) .Nciperson shall within the lands zoned "SD-7" on Schedule attached hereto, use any lot or.erect, alter, or use any building or structure for any> .. ·. ·pwrpose exceptthe following: · ·· · · · · · · ·' . . .. .. (a) Semi-Detached Dwelling (4) ·. L;one Requirements ("SD:-T'Zone) .·. ··.·No person shall within the lands zoned "S6·7" on Schedule I. attached hereto, Use any lot or erect,· ?Iter, or use any [)uilding except in · . accordance with the following provisions: {a) ··Lot Are? (minimum): . .. . . . . (b) Lof Frontage {minimum): ·.. ·•. . ·.. : .. ·., ' . . - ... 205squaremetres .. 8.0 metres .. ~(c) Front Yard Depth (minimum): 4:5 metres (d) Sid~ Y;:~rd Width:(minimul11): . . 1.2 metres except where dW~IIings on abutting .lotsshare a corn man • · .. wall, no interior side yard. shall be requirecj adjacentto that wall ori ... either.lot · · · .· ·· · · ·· · · · ... · .. _(e) R~ar)''ard Depth (minirnum): · 7.5 metres {ff · Lot Coverage (maximum): 50. perqent (g) Building Height(rnaximum}: · · 12;0 metres . . I • ' • ·. . ' .· ·.·· .· h) Driveway Width.(maximum): 3.5 m~tres (5) Speci?I,Provisioris : ·.The follo\1\fing special provisions shall apply to lands zoned "S5":2" and · "SD-7" on Schedule 1:> ' · · {a) Garage Requirements minlmumoneprivate garage periotattachedtothe main building, the vehicular entrance of which shallbe located not less than 6.0 metres from the front lot Iiri.e; imd notiess than6.0 metres fro~ anv side lot line immediately adjoining a street or abutting 6n a . reserve onthe opposite side of which is a street; · 152 153 By,.lawNo. 7446/15. Page 5 (b) . Garage.Projection ma-ximum 2.0 metres beyond the·Wall containing the main entrance · to the dwelling unit, except wh.ere a covered and unenclosed porch extends a minimum of 1.8 metres from the wall containing the main entranq~ to the dwelling unit, in which case no part of ahy attached -private garage shall extend more than 3.0 .metres beyon·d the ·wall · containing the main entrance to.the dwelling unit; -· (c) Parking Requirements for ea:chdweiiing unit there shall be. provided ahd maintained a minimum of2 parking· spaces, one of which must be provided within an attached pdvate garage; · · · · (d) ObstructiongfYards (maximum} (i) · any unenciOSE?d porch ~ot exceeding 1.5 metres in height above · establislled grade; may en.c~oach a maximum of 2.0 metres into the minimum-required front yard; · (ii) any uncovered decks, platforms·and steps not exceeding · 1.5. metres in height above established grade may encroach a · maximum of 3.0 metres into the rninimum required rear yard; (iii) any bay, bow or box window, including ~aves ~bove these .· features, may encroach a maximum of 0.6 metres into any required front or rear yard. 6. Provisions ("(H) S5~2" Zone) (1) · Uses Perrnitt~d ("(ti) S5-2",Zone) . Until such. hme as the "(H)" Holding Provision is lifted, the lands shall not be used for any purposes other thpn the following:··.· (a) · Private .Open Space -. ,• . (2) Zone Requirements (''(H) 85-2" Zone) . . . - The "(H)" Holding Symbol shall not be removed from the "S5-2"zone until the completion of the followi11g: · (a) an alternate vehicular access to450 Finch Avenue is secured to the· satisfaction of the City and the easement is relinquished by the owner of 450 Finch Avenue. ·· 7. Model Homes · (1) Despite the provisions of Clause 6.1 of By-law 3036, a maximum of 2 model homes, together with not fewer than two parking spaces per Mode.l Home, may be constructed on the lands set out in Schedule I attached to this By-law prior to the division of those lands by registrations of a plan of subdivision. By-law No. 7446/15 Page 6 . . (2) For the purpose of this By-law, "Model Home" shall mean a dwelling unit .· which is not used for residential purpose, but which .is used exclusively for sales, display and marketing purposes pursuant to an agreement with the· City of Pickering. . . ' .. : .· . 8-. By-law 3036 · By-law3036, as amended, is hereby fwrther amended only to the extent necessarY to give effectto~the provisions ofthis By-law as ifapplies to the area setout in Sched_ule I attached .hereto. Definitions and subject n1e3.tters riot . . . . specifically dealtwith in this By-law shall be governed by relevant provisions of .. ·By-law. 3036, as amended. · ··. · .9; ... '. ~ffective Date · This By~ law shall come> into force in accordance with the provisions ofthe Planninr; Act. · · · · · · ·· · · · · · ··· By'-law passed this 26th day of October,2Qt5. · DavidRyan; Mayor· · Debbie Shields, City Clerk · 154