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December 10, 2018
C<ty „! P1CKE RiNG Council Agenda Monday, December 10, 2018 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. For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 extension 2928. Iroberts@pickering.ca DICKERING Council Meeting Agenda Monday December 10, 2018 Council Chambers 7:00 pm 6:30 pm In Camera Council I) Invocation Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. II) Disclosure of Interest III) Adoption of Minutes Page Special Council Minutes, October 9, 2018 Inaugural Meeting of Council, December 3, 2018 IV) Presentations V) Delegations VI) Correspondence Corr. 74-18 Corr. 75-18 VII) Committee Reports 1-2 3-4 5 6-9 VIII) Reports — New and Unfinished Business 10-260 Report BLD 01-18 Report ENG 25-18 Report CS 32-18 Report CS 33-18 Report CS 34-18 Report FIN 21-18 Report FIN 22-18 Report FIN 23-18 Report FIN 24-18 Report FIN 25-18 Report FIN 26-18 For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 extension 2928 Iroberts@pickering.ca 64 DICKERING Council Meeting Agenda Monday December 10, 2018 Council Chambers 7:00 pm Report FIN 27-18 Report FIR 03-18 Report HR 01-18 Report LEG 07-18 Report LEG 08-18 Report CLK 04-18 Report CLK 05-18 Report CS 35-18 Report CLK 07-18 IX) Motions and Notice of Motions X) By-laws XI) Confidential Council — Public Report XII) Other Business XIII) Confirmation By-law XIV) Adjournment 261-274 For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 extension 2928 Iroberts@pickering.ca c4 P1CKE RiNG Special Council Meeting Minutes October 9, 2018 2:00 pm Council Chambers Present: Mayor Ryan Councillors: K. Ashe M. Brenner S. Butt I. Cumming B. McLean D. Pickles Also Present: T. Prevedel P. Bigioni R. Holborn C. Rose R. Pym D. Shields - Chief Administrative Officer - Director, Corporate Services & City Solicitor - Director, Engineering Services - - Chief Planner - Principal Planner—Strategic Initiatives - City Clerk (1) Disclosure of Interest There were no disclosures of interest noted. (II) Adoption of Minutes Resolution #496118 Moved by Councillor McLean Seconded by Councillor Brenner In Camera Council Minutes, October 1, 2018 Special Council Minutes, October 1, 2018 Carried (III) By-laws 7661/18 Being a by-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lots 15 & 16, Concession 1 (A 06/18) 1 1 C� P1CKER1 NG Special Council Meeting Minutes October 9, 2018 2:00 pm Council Chambers A question and answer period ensued regarding the submission of building permits and timelines for the construction of the Casino, Hotel and Parking Structure. Resolution #497118 Moved by Councillor Ashe Seconded by Councillor Pickles That By-law No. 7661/18 be approved. Carried as amended later in the Meeting Moved by Councillor Pickles Seconded by Councillor Brenner That the revisions to By-law 7661/18 be accepted and that By-law 7661/18 be amended accordingly and approved. Carried Unanimously on a Recorded Vote (IV) Confirmation By-law By-law Number #7662118 Councillor McLean, seconded by Councillor Butt moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of the Council of the Corporation of the City of Pickering at its Special Meeting of Council held on October 9, 2018. (V) Adjournment Moved by Councillor Cumming Seconded by Councillor Pickles That the meeting be adjourned at 2:10 pm. Dated this 9th day of Octrober, 2018. 2 Carried Carried David Ryan, Mayor Debbie Shields City Clerk 2 P Council Meeting Minutes December 3, 2018 7:00 pm Council Chambers Present: Mayor Ryan Councillors: K. Ashe M. Brenner S. Butt I. Cumming B. McLean D. Pickles Also Present: T. Prevedel K. Bentley P. Bigioni M. Carpino J. Eddy J. Hagg R. Holborn S. Karwowski C. Grant D. Shields - Chief Administrative Officer - Director, City Development & CBO - Director, Corporate Services & City Solicitor - Director, Community Services - Director, Human Resources - Fire Chief - Director, Engineering Services - Director, Finance & Treasurer -- CEO, Pickering Public Library - City Clerk (I) Meeting Called to Order The First Meeting of Council was called to order by Debbie Shields, City Clerk. (II) National Anthem The National Anthem was performed by Star Delaney. (111) Invocation The Invocation was given by Pastor Mel Finlay. (IV) Greetings Tony Prevedel, Chief Administrative Officer welcomed everyone to the meeting. 1 3 cty o� P1ICKERI NG Council Meeting Minutes December 3, 2018 7:00 pm Council Chambers (V) Declaration of Office of Mayor and Presentation of Chain of Office The Declaration of Office was administered by the City Clerk and the Chain of Office was presented to the Mayor by his granddaughters. (VI) Declaration of Office for Councillors The Declaration of Office for Councillors was given by the City Clerk. (VII) Statements of Members of Council All Members of Council addressed the audience and relayed their thanks and appreciation during the election process. (VIII) Inaugural Address Mayor Ryan presented his Inaugural Address. (IX) Adjournment That the meeting be adjourned at 7:50 pm. Dated this 3rd day of December, 2018. 4 David Ryan, Mayor Debbie Shields City Clerk 2 —cc DICKERING Delegations 1. Sergeant Jason Bagg, Project Manager Constable Julie Liard Durham Regional Police Service Re: Update on DRPS Body Worn Camera Unit December 10, 2018 2. Sylvia Barkey Re: Seeking exemption for a Farm Landfill Project 5 rdy o� P1CKER1 G December 10, 2018 Correspondence Pages 1. Corr.74-18 Debbie Shields City Clerk Motion to Endorse 7 Memorandum received from Debbie Shields, City Clerk requesting endorsement of Council representation on various Advisory Boards and Committees. 2. Corr. 75-18 Debbie Shields City Clerk Motion to Endorse 8-9 Memorandum received from Debbie Shields, City Clerk requesting . endorsement of Council appointments to the Central Lake Ontario Conservation Authority and the Toronto and Region Conservation Authority. 6 cd,„ o� P1CKE RING Memo Corr S To: Mayor Ryan and December 10, 2018 Members of Council From: Debbie Shields City Clerk Copy: Chief Administrative Officer Subject: Council Appointments to Boards and Committees File: A-1410 ORIGINAL TO: COPY TO: FILE KACTION 0 cm"- rt U f „i t 0 I S e Further to the approval of Policy ADM 045, Council Appointments to Committees, please find below the list of Committees that require Council representation and the Councillor's appointed to those Committees. The names noted below require Council endorsement. Animal Services Appeal Committee — 1 Member of Council required lan Cumming Civic Awards Committee - 3 Members of Council required Maurice Brenner Shaheen Butt lan Cumming Site Plan Advisory Committee — 3 Members of Council required Maurice Brenner Shaheen Butt Ian Cumming Taxicab Advisory Committee - 1 Member of Council required Maurice Brenner Pickering Public Library Board -- 2 Members of Council required Maurice Brenner Ian Cumming Acting Mayor Councillor Ashe — Dec. 1, 2018 — March 31, 2020 Councillor McLean — April 1, 2020 — July 31, 2021 Councillor Pickles —Aug. 1, 2021 -- Nov. 14, 2022 DS 7 6'44 P1CKER1 NG Memo To: Mayor Ryan and Members of Council From: Debbie Shields City Clerk Copy: Chief Administrative Officer Subject: Council Appointments to CLOCA and TRCA File: A-1410 December 10, 2018 , COPY T0: t6TLL FILE API. ACTION - -- - C (Y10jt--t n 4a E n,Vors e) Further to the approval of Policy ADM 045, Council Appointments to Committees, please find below the City of Pickering Regional Councillor appointments for the Central Lake Ontario Conservation Authority and the Toronto and Region Conservation Authority. The names noted below require Council endorsement. Central Lake Ontario Conservation Authority — 1 Regional Councillor Required David Pickles Toronto and Region Conservation Authority — 1 Regional Councillor Required Kevin Ashe DS 8 DURHAM REGION The Regional Municipality of Durham Corporate Services Department Legislative Services 605 Rossland Rd. E. Level 1 PO Box 623 Whitby, ON L1 N 6A3 Canada 905-668-7711 1-800-372-1102 Fax: 905-668-9963 durham.ca October 12, 2018 RECE ED C1TY OF PICKERIrsG CLERK'S OFFICE Ms. D. Shields Clerk City of Pickering 1 The Esplanade Pickering, ON L1V 6K7 Dear Ms. Shields: RE: Appointments to Conservation Authorities and Land Division Committee Our File: C14 Appointments to the Land Division Committee and to Conservation ' Authorities will be made by Regional Council on December 19, 2018. Don Beaton, BCom, M.P.A. Commissioner of Corporate Services Would you please arrange, pursuant to the policy of Regional Council, for your Council to nominate persons for the following appointments: 1 member to the Central Lake Ontario Conservation Authority 1 member to the Toronto and Region Conservation Authority 1 Citizen member to the Land Division Committee Please note that on October 4, 2006 the following policy was adopted: "THAT only elected officials be appointed to Conservation Authorities and further, that only members of Regional Council be appointed unless the municipalities have insufficient Regional Council representation they shall be permitted to appoint a local Councillor or appoint a citizen representative to the Conservation Authority." would appreciate receiving the naives of your nominees on or before December 12, 2018. Ralph Walton, Regional Clerk/Director of Legislative Services RW/tf If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097. 100% Post Consumer 9 P C ([RiNG New and Unfinished Business December 10, 2018 Pages 1 Director, City Development & CBO, Report BLD 01-18 18-19 Consulting Services for Structural and Mechanical Plans Review for Code Compliance for Durham Live Casino 2028 Kellino Street, City of Pickering Recommendation That Council receive Report BLD 01-18 for information regarding the Consulting Services for Structural and Mechanical Plans Review for Code Compliance for the Durham Live Casino. 2. Director, Engineering Services, Report ENG 25-18 Sandy Beach Road — Front Ending of Design Services -Region of Durham Infrastructure Recommendation 20-26 1. That Council approve an amendment to the Purchase Order issued to The Municipal Infrastructure Group for consulting services for Sandy Beach Road Reconstruction to include detailed design services on behalf of the Region of Durham; 2. That the fee proposal dated May 9, 2018 submitted by The Municipal Infrastructure Group and accepted by the Region of Durham in the amount of $96,567.00 plus HST be accepted; 3. That Council provide pre -2019 Capital Budget approval of $125,000.00 including the fee proposal, a contingency, and other associated costs to retain the services of The Municipal Infrastructure Group; 4. That the Director, Finance & Treasurer be authorized to finance the additional expenditure of $125,000.00 by a Third Party Contribution; and 5 That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 3. Director, Community Services, Report CS 32-18 27-32 Quotation No. Q-48-2018 -Quotation for Supply and Delivery of One Ton Truck with Sign Body Recommendation 10 1. That Quotation No. Q-48-2018 submitted by Donway Ford Sales Ltd. in the amount of $147,999.49 (HST included) be accepted; 2. That the total gross quotation cost of $148,203.00 (HST included) and the total net project cost of $133,461.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the total net project cost of $133,461.00, as approved in the 2018 Roads Equipment Capital Budget in the amount of $95,000.00, be increased to $133,461.00 by a transfer from the Vehicle Replacement Reserve; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this memo. 4. Director, Community Services, Report CS 33-18 33-36 Additional Costs for Tender T-18-2018 -O'Brien Refrigeration Plant Rebuild at the Pickering Recreation Complex Recommendation 1. That additional costs in the amount of $30,528.00 (net of HST rebate) over the original tender amount for Tender No. T-18-2018 for the Rebuild of the O'Brien Refrigeration Plant at the Pickering Recreation Complex resulting in a revised net project cost of $674,567.00 (net of HST rebate) be approved; 2. That the Director, Finance & Treasurer be authorized to finance the additional net project cost of $30,528.00 by a transfer from Federal Gas Tax Reserve Fund; and, 3. That the appropriate officials of the City of Pickering be authorized t6 take the necessary actions as indicated in this report. 5. Director, Community Services, Report CS 34-18 37-41 Architectural, Landscape and Engineering Design Services for the Pickering Heritage & Community Centre -Additional Consulting Services for Phase 2 Design Recommendation 1. That the updated fee proposal dated November 12, 2018 submitted by Hariri Pontarini Architects to expand the scope of design awarded for RFP -6-2018 to include Phase 2 design and related consulting services in the amount of $660,654.50 (HST included) be accepted; 2. That the total gross project cost for Phase 2 of $722,805.00 (HST included), including the amount of the proposal and other associated costs, and the total net project cost of $650,908.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the net project cost of $650,908.00 for Phase 2 as follows: 11 a) the sum of $299,418.00 to be funded by a transfer from the Rate Stabilization Reserve; b) the sum of $26,036.00 to be funded by a transfer from Development Charges — City's Share Reserve; c) the sum of $84,618.00 to be funded by a transfer from Development Charges — Parks & Recreation Services Reserve Fund; d) the sum of $240,836.00 to be funded by a transfer from Development Charges -- Library Reserve Fund; e) the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 6. Director, Finance & Treasurer, Report FIN 21-18 2019 Interim Levy and Interim Tax Instalment Due Dates Recommendation 42-46 1. That an interim property tax levy be adopted for all realty property classes for 2019; 2. That the interim property tax levy tax instalment due dates be February 26 and April 26, 2019; 3. That the attached draft by-law, providing for the imposition of the taxes, be enacted; and 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report 7. Director, Finance & Treasurer, Report FIN 22-18 Tender/Contract Approvals Approvals During Council Recess October and November, 2018 Recommendation 47-60 1. That Report FIN 22-18 of the Director, Finance & Treasurer regarding tender, proposal and contract approvals during Council Recess be received; 2. That Council pass a resolution ratifying the approval of the Quotations and Contracts by the Chief Administrative Officer during Councils' recess being Quotation No. Q-29-2018 Seniors and Person with Disabilities Snow Clearing Program and Q-34-2018 Supply & Delivery of Three (3) New latest Model Four Ton Dump Trucks with Snow Plow and Wing; and 12 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 8. Director, Finance & Treasurer, Report FIN 23-18 61-64 2019 Interim Spending Authority Recommendation 1. That the 2019 Interim Operating Expenditures be approved at 50 per cent of the prior year's budget, including adjustments, as contained in Attachment 1, pending approval of the formal 2019 Current Budget by Council; and 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 9. Director, Finance & Treasurer, Report FIN 24-18 2019 Temporary Borrowing By-law Recommendation 65-69 1. That the temporary borrowing limit of $56 million be established to meet 2019 current expenditures pending receipt of taxes and other revenues for the period of January 1, 2019 to September 30, 2019 inclusive, and $28 million thereafter until December 31, 2019; 2. That the temporary borrowing limit for capital purposes for 2019 be established at $51 million; That the attached draft by-law providing for the temporary borrowing of monies be enacted; and 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 10. Director, Finance & Treasurer, Report FIN 25-18 70-94 Insurance Renewal — January 1, 2019 to December 31, 2019 Recommendation 1. That the City of Pickering renew its liability, property and other insurance policies through Jardine Lloyd Thompson Canada Inc. (JLT) for the period January 1, 2019 to December 31, 2019 in the amount of $558,615 (plus applicable taxes) and inclusive of terms and conditions acceptable to the Director, Finance & Treasurer; 2. That the Director, Finance & Treasurer be authorized to purchase additional insurance, make changes to deductibles and existing coverages, and alter terms and conditions as becomes desirable or necessary to limit potential liability exposure and to protect the assets of the City and its elected officials and staff; 13 3. That L.V. Walker & Associates be confirmed as the City's Adjuster of Record for property, liability and other insurance and related matters; 4. That the Director, Finance & Treasurer be authorized to settle any claims including employing resources to investigate and defend claims, adjusting and legal fees, where it is in the City's best interest to do so; 5. That the Treasurer be authorized to extend the City's insurance contract for its liability, property and other insurance policies for three further one- year terms (2020 to 2022) provided that it is in the best interests of the City and the premium for the liability coverage does not exceed the rate of inflation; and 6. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 11. Director, Finance & Treasurer, Report FIN 26-18 95-103 City Policy — Accounting for Tangible Capital Assets — Revision Recommendation 1. That Report FIN 26-18 of the Director, Finance & Treasurer regarding revisions to the Accounting for Tangible Capital Assets Policy (FIN 050) be received; 2. That Council approve the revisions to the Accounting for Tangible Capital Assets Policy; and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 12. Director, Finance & Treasurer, Report FIN 27-18 104-107 Delegation of Authority for Certain Adjustments to the Property Taxes Recommendation 1. That Report 27-18 of the Director, Finance & Treasurer regarding the delegation of authority for certain adjustments to property taxes be approved; 2. That the authority for tax matters under section 356, 357, 358, and 359 of the Municipal Act (the Act) be delegated to the Director, Finance & Treasurer; and 3. That the draft by-law attached to this report be enacted; and 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 14 13. Fire Chief Report FIR 03-18 Pre -2019 Capital Budget Approval New Fire Station and Headquarters Re -Design Consulting Fees Recommendation 108-127 1. That Counci] provide 2019 pre capital budget approval in the amount of $445,000.00 (net of HST) for the re -design of the Seaton and Headquarter Fire Station located on Zents Drive; 2. That Council approve the cancellation of the 2016 Seaton Fire Station design project and the residual funds of approximately $219,000.00 be returned to source; 3. That Council approve the award of architectural and engineering services to Thomas Brown Architects Inc. (TBA) for the Seaton Fire Station that now includes the new fire headquarters building to be located at the northwest corner of Brock Road and Zents Drive. The project scope includes the redesign and contract administration during construction in accordance with the City's Purchasing Policy (PUR 010) item 10.03(c); 4. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $445,000.00 as follows: a) The sum of $11,125.00 to be funded by a transfer from DC's — City's Share Reserve; b) The sum of $433,875.00 to be funded by a transfer from the Development Charges -- Protection Services Reserve Fund; and 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 14. Director, Human Resources, Report HR 01-18 128-145 Employee Code of Conduct (HUR 050) Recommendation That Council approve amendments to the Employee Code of Conduct Policy, as set out in Attachment 1, as a result of the legalization of recreational cannabis set out in the Cannabis Act (Bill C-45) that took effect on October 17, 2018. Other changes include general housekeeping changes. 15. Director, Corporate Services & City Solicitor, Report LEG 07-18 Harry Vale Farms -Lease Agreement -- Renewal Recommendation 146-189 1. That Report LEG 07-18 respecting the City's lease agreement with Harry Vale at Highway 7 and Sideline 32, Pickering for the purpose of the operation of a farm be received; 15 2. That the said lease agreement be renewed for an additional two years ending December 31, 2020, and that the Farm Lease, substantially in the form set out in Attachment 3 to this Report, be executed by the Mayor and City Clerk, subject to such minor revisions as are satisfactory to the Director, Corporate Services & City Solicitor; and 3. That the appropriate City officials be authorized to take the necessary actions as indicated in this Report. 16. Director, Corporate Services & City Solicitor, Report LEG 08-18 190-197 Cannabis Regulation Recommendation 1. That the City of Pickering hereby opts out of having cannabis retail stores located within Pickering; 2. That City staff be directed to continue working with the Region of Durham on revisions to the Region's Smoking in Public Places and in the Workplace By-law, for the purpose of expanding the list of municipal facilities and properties in which smoking of any kind is prohibited; 3. That a copy of these recommendations be forwarded to the Region of Durham and to the Alcohol and Gaming Commission of Ontario (" AGCO"), and that the Director, Corporate Services & City Solicitor be directed to notify the AGCO, prior to January 22, 2019, that Pickering wishes to opt out of having cannabis retail stores located within Pickering; 4. Given that the City can opt in to allow retail cannabis sales at any future date, that City staff be directed to solicit input from residents and stakeholders regarding retail cannabis sales; and 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 17. Director, Corporate Services & City Solicitor, Report CLK 04-18 198-203 2018 Municipal Election Review Recommendation That Report CLK 04-18 from the Director, Corporate Services & City Solicitor regarding the 2018 Municipal Election, be received for information and that Report CLK 04-18 be referred to when making any decisions regarding the 2022 Municipal Election. 18. Director, Corporate Services & City Solicitor, Report CLK 05-18 204-237 By-law to Govern the Calling, Place and Proceedings of Meetings -Procedural By-law Recommendation 16 1 That Report CLK 05-18 respecting a by-law to govern the calling, place and proceedings of meetings be received; 2. That the attached draft Procedural By-law be enacted; and 3. That City Ward 1 Councillor Maurice Brenner be appointed as the Alternate member to the Regional Municipality of Durham Council, as prescribed in Section 04.09 of the Procedural By-law attached. 19. Director, Community Services, Report CS 35-18 238-244 Additional Costs for Concrete Slab and Prefabricated Storage Shed -Pickering Museum Village Upper Site Recommendation 1. That additional costs in the amount of $100,000.00 (net of HST rebate) over the original budgeted amount of $250,000.00 for project 5744.1804.6500 to construct a new Upper Site Storage Shed at the Pickering Museum Village resulting in a revised budget amount of $350,000.00 (net HST rebate) be approved; 2. That the Director, Finance & Treasurer be authorized to fund the additional net project cost of $100,000.00 from property taxes; 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 20. Director, Corporate Services & City Solicitor, Report CLK 07-18 245-260 Council Compensation Policy Recommendation 1. That Report CLK 07-18 of the Director, Corporate Services & City Solicitor be received; 2. That the Council Compensation Policy, included as Attachment No. 1 to this report be approved; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. 17 DICKERING c/p4 Report to Council Report Number: BLD 01-18 Date: December 10, 2018 From: Kyle Bentley Director, City Development & CBO Subject: Consulting Services for Structural and Mechanical Plans Review for Code Compliance for Durham Live Casino 2028 Kellino Street City of Pickering Recommendation: 1. That Council receive Report BLD 01-18 for information regarding the Consulting Services for Structural and Mechanical Plans Review for Code Compliance for the Durham Live Casino. Executive Summary: The purpose of this report is to inform Council of recent staff activity to retain AECOM Canada Limited to undertake the structural and mechanical plans review for code compliance for the Durham Live Casino project, located at 2028 Kellino Street. Due to the volume of work, the complexity of this unique development, and the scheduling constraints, it was necessary to outsource structural and mechanical plans review work to a third party consulting firm. While Building Services has outsourced plans to review work to different firms in recent years, AECOM is a local firm that offers the necessary skills and resources to undertake the work and have regard for the tight schedule. To this end, staff received a quotation from AECOM in the amount of $184,500.00, plus HST to carry out this plans review work. Given the scope of the project, staff were satisfied that this amount is reasonable. As timing is of the essence, a competitive bid process was not conducted. As of writing this report, plans review work is underway for the Durham Live Casino project. Staff efforts, in coordination with the project team, have enabled the issuance of a Conditional Permit for the construction of footings, foundations, ground floor slab, and underground plumbing for the proposed Casino building. Financial Implications: Funds for this consulting assignment will be charged to the Consulting & Professional Account 2612.2392.0000, which will be an over -expenditure to the 2018 budgeted amount. However, Building Services received preliminary permit fees for this project in the amount of $1,566,888.00, which will completely offset this expenditure. Discussion: Durham Live represents a landmark project for the City of Pickering. The complete site is intended to include a number of complementary uses, including a resort casino, 5 -star hotel, convention centre, amphitheatre, restaurants, indoor water park, and film studio, among other uses. The first part of this project to be constructed will consist of the casino, arena, hotel, and supporting parking garage structures. 18 Report BLD 01-18 December 10, 2018 Subject: Durham Live Casino (2028 Kellino Street) Page 2 In 2014, Council approved a City initiated zoning amendment for this site, which permits a Major Tourist Destination "MTD" land use, among others. This zoning by --law contains a number of holding provisions to ensure that the required technical matters are addressed prior to development. Durham Live is considered to be a top priority for the City of Pickering. With this in mind, City staff have been working closely with the proponents, and agencies having jurisdiction, to expedite the approvals process, where possible. As the site plan application was received in June of this year, and building permit applications were subsequently received on September 14, 2018, the pace of this project is accelerating. Additionally, the first "H-1" Holding Provision was lifted on October 9, 2018, which removed any zoning encumbrance that would impact the issuance of these first building permits. The applicant is seeking to commence building construction as soon as possible this fall, which will require a quick turnaround time for Building Services staff to process the applications. As of writing this report, City staff have undertaken plans review for architectural, fire and life safety systems, while AECOM has initiated work on completing the structural and mechanical plans review for the Durham Live Casino project. Staff efforts, in coordination with the project team, have enabled the issuance of a Conditional Permit for the construction of footings, foundations, ground floor slab, and underground plumbing for the proposed Casino building. Given the scale of this development and timing for the proponent to obtain applicable agency approvals, it is expected that further conditional permits will be considered to enable additional phases of building construction to proceed and to minimize delays in the construction schedule. Prepared By: Karen Bragg Supervisor, City Development Administration KB:klb:ld Approved/Endorsed By: Kyle Bentley, P. Eng. Director, City Development & CBO Recommended for the consideration of Pickering Cit Council Tony Prevedel, P. Eng. Chief Administrative Officer 19 P C cry (ER1 G Report to Council Report Number: ENG 25-18 Date: December 10, 2018 From: Richard Holborn Director, Engineering Services Subject: Sandy Beach Road — Front Ending of Design Services - Region of Durham Infrastructure - File: A-1440 Recommendation: 1. That Council approve an amendment to the Purchase Order issued to The Municipal Infrastructure Group for consulting services for Sandy Beach. Road Reconstruction to include detailed design services on behalf of the Region of Durham; 2. That the fee proposal dated May 9, 2018 submitted by The Municipal Infrastructure Group and accepted by the Region of Durham in the amount of $96,567.00 plus HST be accepted; 3. That Council provide pre -2019 Capital Budget approval of $125,000.00 including the fee proposal, a contingency, and other associated costs to retain the services of The Municipal Infrastructure Group; 4. That the Director, Finance & Treasurer be authorized to finance the additional expenditure of $125,000.00 by a Third Party Contribution; and 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: Council approved the hiring of The Municipal Infrastructure Group (TMIG) for the provision of consulting services for Sandy Beach Road Reconstruction by Council Resolution #310/17, through Report ENG 12-17, on June 12, 2017, Throughout the Class Environmental Assessment and preliminary design work, the Region of Durham has determined a need to replace the existing watermain and sanitary sewer on and adjacent to Sandy Beach Road, as part of the City's road reconstruction project. Regional staff acknowledges the benefit of having the City's consultant undertake the design work associated with their infrastructure at the same time they are designing the City's infrastructure. As the City currently has a contract with TMIG, the Region has requested that the City's purchase order be adjusted to include the design services on behalf of the Region, at the Region's cost. 20 ENG 25-18 December 10, 2018 Subject: Sandy Beach Road — Front Ending of Design Services Region of Durham Infrastructure Page 2 Financial Implications: TMIG has submitted a fee proposal to the Region of Durham dated May 9, 2018 in the estimated amount of $96,567.00 plus disbursements and HST for design services to replace the existing watermain and sanitary sewer on and adjacent to Sandy Beach Road. In order to advance these works in a timely manner and not delay the City's design work, pre - 2019 budget approval is required to formally recognize and approve the expenditure, and this requirement is reflected in Recommendation 3. The amount of the pre -2019 budget approval is $125,000.00 which includes a contingency and other associated costs. There is no net cost to the City as the expenditure related to the design of the watermain and sanitary sewer replacement will be the responsibility of the Region of Durham. A third party contribution will be the source of funding, and a purchase order will be issued to the City by the Region of Durham for invoicing purposes. Discussion: TMIG is currently undertaking a Municipal Class Environmental Assessment for the reconstruction of Sandy Beach Road between Montgomery Park Road and Bayly Street. They have also been retained to provide detail design services, as well as contract administration/field inspection services during construction. Proposal No. RFP -1-2017 submitted by TMIG was endorsed by Council on June 12, 2017 through Report ENG 12-17. Region of Durham staff have been consulted on this project as they have indicated that they have municipal services infrastructure (watermain and sanitary sewer) on and adjacent to Sandy Beach Road. The Region has advised the City that they require the replacement of the watermain and sanitary sewer when the City is reconstructing Sandy Beach Road. In order to minimize disruption and inconvenience to the public, the replacement of the Region's infrastructure should be carried out concurrent with the reconstruction of the road. It is also beneficial to have the same consultant that is designing the City's infrastructure, design the Region's watermain and sanitary sewer. As such, the Region has requested that regional infrastructure design services be added to the City's contract with TMIG. As these additional expenditures have not been recognized in an approved budget, staff are requesting pre -2019 budget approval of $125,000.00 (including a contingency and other associated costs) in order to have the consultant commence design immediately so as not to delay the City's project . The proposal dated May 9, 2018 has been submitted to the Region of Durham and it meets with their approval. The proposal from TMIG is included in this report (Attachment #1), along with a letter of commitment from the Region of Durham dated November 8, 2018 (Attachment #2). Attachments: 1. The Municipal Infrastructure Group proposal dated May 9, 2018 2. Region of Durham letter of commitment dated November 8, 2018 21 ENG 25-18 December 10, 2018 Subject: Sandy Beach Road --- Upfront Region Design Page 3 ApprovedlEndorsed By: I / Ric and Holborn, P. Eng. 'rector, Engineering Services Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer RH:mjh Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer 22 DURHAM REGION The Regional Municipality of Durham Works Department 605 ROSSLAND RD. E. LEVEL 5 PO BOX 623 WHITBY, ON L1N 6A3 CANADA 905-668-7711 .1-800-372-1102 . durham.ca ATTACHMENT#TO REPORT# November 8, 2018 City of Pickering One The Esplanade Pickering, ON L1 V 6K7 Attention: Richard Holborn, P.Eng. Director, Engineering Services Dear Mr. Holborn: RE: City of Pickering — Sandy Beach Road Region of Durham Sanitary Sewer and Watermain Agreement with the City of Pickering Further to recent discussions, the Regional Municipality of Durham is requesting that the City of Pickering increase the amount of the agreement with The Municipal Infrastructure Group (TMIG) to include engineering servicesfor the replacement of the existing watermain and sanitary sewer on and adjacent to Sandy Beach Road. [n order to minimize disturbance to the public, the above -noted Regional works would be carried out concurrent with the recanstruciion.of Sandy Beach Road from Bayly Street to Montgomery Park Road. As TMIG is undertaking the design for the road reconstruction, it would be beneficial to have the same consultant completing the design of related Regional infrastructure. We confirm that we have sufficient funding to compensate the City for TMLG's sanitary sewer and watermain design fees. We will also . ensure that we have sufficient funding for the sewer and watermain works prior to the work being tendered. Please advise if you need anything further at this time. Yours truly, Nathaniel Andres, P.Eng. Project Engineer,' Environmental Services Design Regional Municipality of Durham Enclosed: Sanitary Sewer and Watermain Replacement Design Fee Proposal by TMIG ($96,567 plus HST). c: Jim McGilton — Manager, Environmental Services Design If you require this information in an accessible format, please contact Accessibility Coordinator at 1-800- 372-1102 ext. 2233., 23 - ATTACHMENT TO RE PO RT - -��=y, 110 Scotia Court, Unit 27 T 905.738.5700 Whitby, Ontario IAN 8Y7 www.tmig.ca THE MUNICIPAL INFRASTRUCTURE GROUP LTD. May 9, 2018 (Revised) Mr. Nathaniel Andres, P,Eng. Project Engineer, Environmental Services Design Regional Municipality of Durham 605 Rossland Road East, Level 5, PO Box 623 Whitby, ON LIN 6A3 Dear Mr. Andres: • PROPOSAL NUMBER P18-043 Re: Proposal for Detailed Design of Sanitary Sewer and Watermain Replacement along Sandy Beach Road, Pickering TMIG is pleased to provide a scope of work and fee quotation to complete the detailed design of the sanitary sewer and watermain replacement along Sandy Beach Road, The City of Pickering retained TMIG to complete the EA and detailed design .of Sandy Beach Road from Montgomery Park Road to Bayly Street. The Region has expressed the need to replace the existing watermain from -300m north of Alyssum Street to 212m south of Alyssum Street due to its age and number of breaks over the years. The existing 600mm diameter sanitary sewer that drains the area east of Sandy Beach Road currently crosses the Krosno Creek over 3 CSPs which have experienced erosion and maintenance issues in the past. The.Region would like to lower the sanitary sewer under the creek and remove the -3 CSP culverts. Our proposed scope of work is.as follows: Preliminary and Detailed Design of Watermain and Sanitary Sewer Topographic Survey of the sanitary sewer crossing area to Sandy Beech Road (approximately 150 metres) and base plan preparation. ■ Utility coordination for sanitary sewer (verification that there is no existing plant) SUE Level 'C' ■ Natural Environment Field Work by Golder. A site reconnaissance of the sewer -crossing location is required to ensure the relevant field information is available to update existing conditions, • ■ • Preliminary and Detailed Design of the 300mm diameter watermain (approximately 515m length) and 600m diameter sanitary sewer (approximately 100m length) o Separate plan and profile drawings for watermain and sanitary sewer o Construction staging plan for removal of culverts, sewer installation, and restoration of creek and bypass pumping o Construction staging plan for watermain installation under Krosno Creek . o Contract Specifications, including bypass pumping requirements o Tender items and cost estimate ■ Geotechnical Investigation • Completion of 2 boreholes near the creek crossing Sm below existing ground o Laboratory testing o Geotechnical Report = will provide recommendations for creek crossing (open cut versus trenchless construction) • Hydrogeological Investigation & Permit to Take Water Application o Field work — installation and monitoring of two (2) groundwater monitoring wells o Hydrogeological Report—will be cost shared with City of Pickering (50/50) TMIG PROPOSAL NUMBER P1B-043 PROPOSAL FOR THE SANDY BEACH RD RECONSTRUCTION . 24 TMIG ATTACHMENT#. TO REPORT## h'\ C) as-- f a •of� REGION OF DURHAM MAY 9, 2018 PAGE 2 of 3 o Permit to Take Water Support Documentation — the cost to prepare the Category 3 PTTW application for the watermain, sanitary sewer and concrete box culvert and 'supporting documentation will bo cost shared with the City of Pickering (50/50) • Geomorphology o Revisit the sanitary sewer crossing location to collect additional project -specific information to support the site restoration design o Develop a:site restoration plan that includes channel bed and bank restoration details and soil stabilization measures o Develop a landscaping plan ▪ TRCA Submission o Natural environment — Update the existing Sandy Beach Road Natural Environment Existing Conditions report and impact Assessment to include the sanitary sewer o Include sanitary and watermain P/P 'and construction staging plans in the City's Sandy Beach Road submission to TRCA Assumptions • Watermain will be replaced with same diameter (300mm) along Sandy Beach Road • Sanitary sewer will be replaced with same diameter (600mm) to provide equivalent capacity • Joint submission to TRCA to MOECC for the road, culvert, watermain, and sanitary sewer works will be completed by TMIG or others • A review by Fisheries and Oceans Canada will .not be required (culvert removals do not require review) ▪ No permits/approvals required from MNRF Fee Estimate The following fee estimate is based on the above scope of work and would be subject to adjustments if the consulting engineering services as new envisioned are altered during the course of the work. Notes. 1. The above Fee Estimate excludes HST. 2. The above Fee Estimate is based on hours worked to the upset limit, and will not be exceeded without written consent from the Region. _ 3. Invoices will be submitted monthly. 4. Mileage will be charged at $0.50/km. Thank you for the opportunity to provide our services on this assignment. Please contact the undersigned with any questions regarding this proposal. TMIG PROPOSAL NUMBER P18-043 PROPOSAL FOR THE SANDY BEACH RD RECONSTRUCTION - 25 Professional Fee Disbursements Total Sanitary Sewer Replacement $67,869 $1,705 $69,574 Watermain Replacement $25,705 . $1,288 - $26,993 Notes. 1. The above Fee Estimate excludes HST. 2. The above Fee Estimate is based on hours worked to the upset limit, and will not be exceeded without written consent from the Region. _ 3. Invoices will be submitted monthly. 4. Mileage will be charged at $0.50/km. Thank you for the opportunity to provide our services on this assignment. Please contact the undersigned with any questions regarding this proposal. TMIG PROPOSAL NUMBER P18-043 PROPOSAL FOR THE SANDY BEACH RD RECONSTRUCTION - 25 .„.7 i G ATTACH MENT# . TO REPORT# 6qC7 25 [3 • REGION OF DURHAM MAY 9, 2318 PAGE 3 of 3 Sincerely, THE MUNICIPAL INFRASTRUCTURE GROUP LTD. Nathalie McCutcheon, P.Eng. Director of Municipal Services nmccutcheon(}a,tmiq•.ca Encl: Time -Task -Cost Table TMIG PROPOSAL NUMBER P18-043 PROPOSAL FOR THE SANDY BEACH RC RECONSTRUCTION 26 tye P1CKEQfl IG Report to Council Report Number: CS 32 -18 Date: December 10, 2018 From: Marisa Carpino Director, Community Services Subject: Quotation No. Q-48-2018 - Quotation for Supply and Delivery of One Ton Truck with Sign Body - File: A-1440 Recommendation: 1. That Quotation No. Q-48-2018 submitted by Donway Ford Sales .Ltd. in the amount of $147,999.49 (HST included) be accepted; 2. That the total gross quotation cost of $148,203.00 (HST included) and the total net project cost of $133,461.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the total net project cost of $133,461.00, as approved in the 2018 Roads Equipment Capital Budget in the amount of $95,000.00, be increased to $133,461.00 by a transfer from the Vehicle Replacement Reserve; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this memo. Executive Summary: The Public Works Section, within the Community Services Department, currently utilizes one One Ton Truck with Sign Body for the installation, repair, and/or replacement of street signs. One Unit #058 is a 2009 Ford One Ton Pickup with Sign Body and was approved for a lifecycle replacement in the 2018 Capital Budget 5319.1807.6157. On August 9, 2018, an advertisement was placed on the City's website for Q-48-2018. Three companies responded by the closing date of Monday, August 30, 2018. The quotation submitted by Donway Ford Sales Ltd for One New Latest Model Year One Ton Truck with Sign Body meets the required specifications and has received the highest score from the Evaluation Committee. As such, the top ranked quotation submitted by Donway Ford Sales Ltd. in the amount of $147,999.49 (HST included) is recommended for approval. The total gross project cost is estimated to be $148,203.00 (HST included) and the total net project cost is estimated at $133,461.00 (net of HST rebate). 27 CS 32-18 Subject: Quotation No. Q-48-2018 December 10, 2018 Page 2 Financial Implications: 1. Quotation Amount Quotation No. Q-48-2018 HST (13%) Total Gross Quotation Cost $130,973.00 17,026.49 $147,999.49 2. Estimated Project Costing Summary Quotation No. Q-48-2018 Licence Fees Total Cost HST (13%) Total Gross Project Costs HST Rebate (11.24%) Total Net Project Costs $130,973.00 180.00 $131,153.00 17,050.00 $148,203.00 (14,742.00) $133,461.00 3. Approved Source of Funds 2018 Roads Equipment Capital Budget Description Supply and Delivery of One Ton Truck with Sign Body Total Funds Account Code Source of Funds Available Required Budget $95,000.00 5319.1807.6157 Vehicle Replacement Reserve Vehicle Replacement Reserve $95,000.00 38,461.00 $95,000.00 $133,461.00 Net Project Cost under (over) Approved Funds $38,461.00 In accordance with the Purchasing Policy, Item 06.11(b), where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase is over $75,000.00 and up to $250,000.00 the Manager may approve the award subject to the approval of the Director, Treasurer and CAO. Financial Control Policy (FIN 030), Sections 11.02 and 11.04, require approval by Council where the project costs exceed the approved budget by more than ten percent. Council approval is being sought at this time in order to proceed with the project as the estimated costs exceeded the approved budget by more than ten percent. 28 CS 32-18 December 10, 2018 Subject: Quotation No. Q-48-2018 Page 3 Discussion: The Public Works Section, within the Community Services Department, currently utilizes one dedicated One Ton Truck with Utility Body (Sign Truck) to install and/or repair street signs and right of way signs throughout the City. The Sign Truck is critical in responding to emergency situations when a sign is knocked down due to a traffic accident or severe weather event. The Sign Truck is also used by Public Works staff to install signs for special events and to assist with road closures and detour routes. The Sign Truck is customized to include a crane, post puller, post storage and hash marked metal platform with rail for staff to work at higher heights when replacing signs. The Sign Truck is essential to the operation of the Public Works Section and requires replacement. One Unit #058 is a 2009 Ford One Ton Pickup with Sign Body and was approved for a lifecycle replacement in the 2018 Capital Budget 5319.1807.6157. An Evaluation Committee consisting of Public Works staff each evaluated the quotations based on the rated criteria. A combined average score for each quotation was determined as part of Stage II of the evaluation process. Donway Ford Sales Ltd has received the highest scores. After careful review of all submissions received, Public Works staff recommends acceptance of Quotation No. Q-48-2018 submitted by Donway Ford Sales Ltd. in the amount of $147,999.49 (including HST) and that the total net project cost of $133,461.00 (net of HST rebate) be approved. Attachments: 1. Supply & Services Memorandum dated October 18, 2018 29 CS 32-18 December 10, 2018 Subject: Quotation No. Q-48-2018 Page 4 Prepared By: Approved/Endorsed By: kE) Matt Currer Marisa Carpino, MA Supervisor, Municipal Garage Director, Community Services Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer Ray Rodrigues, CPPB Manager, Supply & Services IMC Recommended for the consideration of Pickering City Council ! '/ i Tony Prevedel, P. Eng. Chief Administrative Officer Woo-. 301 zol e 30 ATTACHMENT# 1 TO REPORT #. ,?.. Cl.; e� DICKERING To: Marisa Carpino Director, Community Services From: Justin MacDonald Buyer, Supply & Services Copy: Administrative Assistant, Community Services Manager, Supply & Services erno October 18, 2018 Subject: Quotation No. Q-48-2018 Supply and Delivery of One New Latest -Model Year One Ton Truck with Sign Body Closing Date: Thursday, August 30, 2018. File: F-5300-001 Quotation Q-48-2018 was advertised on the City's website on August 9, of which 3 companies have responded. Stage I — Mandatory Submission Requirements — determines which submissions satisfy all the mandatory submission requirements and provides Respondents the opportunity to rectify deficiencies. 3 proposals proceed to Stage 11 — Evaluation. A summary of the Stage II and III evaluation results for each quotation is attached. Donway Ford Sales Ltd is the top ranked respondent with a submitted price of $130,973.00 (HST Excluded). A budget of $95,000.00 was provided to Supply & Services for this procurement. If the recommendation to award exceeds the budgeted amount, refer to Financial Control Policy Item 11 for additional instructions. In accordance with Purchasing Policy Item 06.04, the authority for the dollar limit as set out below excludes HST. In accordance with Purchasing Policy, Item 06.11, where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is: (b) Over $75,000 and up to $250,000, the Manager may approve the award, subject to the approval of the Director, Treasurer and the CAO. Please provide your recommendation in memo form. After receiving CAO approval, an approved "on-line" requisition will be required to proceed. Please direct all enquiries to Supply & Services. Respondents will be advised in due course. 31 If you require further information or assistance, do not hesitate to contact me or a member of Supply & Services. RR/JM Attachments (2) Page 2 of 2 32 Cet Report to Council P CKER1NG Report Number: CS 33-18 Date: December 10, 2018 From: Marisa Carpino Director, Community Services Subject: Additional Costs for Tender T-18-2018 - O'Brien Refrigeration Plant Rebuild at the Pickering Recreation Complex - File: A-1440 Recommendation: 1. That additional costs in the amount of $30,528.00 (net of HST rebate) over the original tender amount for Tender No. T-18-2018 for the Rebuild of the O'Brien Refrigeration Plant at the Pickering Recreation Complex resulting in a revised net project cost of $674,567.00 (net of HST rebate) be approved; 2. That the Director, Finance & Treasurer be authorized to finance the additional net project cost of $30,528.00 by a transfer from Federal Gas Tax Reserve Fund; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: Tender No. T-18-2018 was awarded in May 2018 to replace existing refrigeration equipment required for the operation of O'Brien Arena at the Pickering Recreation Complex, as per council resolution #443118. The existing Refrigeration Plant is at end of life and complete replacement is required as reflected in the 2018 Capital Budget. During the course of the work, it was discovered that the existing brine charge had become contaminated with ammonia and had to be replaced. A temporary plant was installed in late August 2018 to sustain ice operations while the primary plant was being replaced. Re - pressurizing the system resulted in a partial failure of the brine header which had to be immediately repaired to avoid loss of service and impact on arena revenues. Additional roof reinforcement was also required to accommodate the extra weight of a new condenser included in the tendered scope of work. The resulting costs exceeded the approved project budget of $644,039.00 as per CS 12-18, by $4,655.61 (net of HST rebate). The new plant is now operational and final deficiencies are being resolved. At this time, Council approval is being sought for additional funds in the amount of $30,000.00 (plus HST) to cover the outstanding costs for the work listed above in the amount of $4,655.61 and to provide minima[ additional contingency for the final portions of the work. Any unspent funds will be returned to source. 33 Report CS 33-18 December 10, 2018 Subject: Additional Funds for Tender No.T-18-2018 for O'Brien Refrigeration Plant Rebuild at the Pickering Recreation Complex Financial Implications: 1. Tender Amount Tender No. T--18-2018 HST (13%) Total Gross Project Cost $582,900.00 75,777.00 $658,677.00 2. Estimated Project Costing Summary Tender No. T-18-2018 Contingency Additional Contingency Total Cost HST (13%) Total Gross Project Costs HST Rebate (11.24%) Total Net Project Costs $582,900.00 50,000.00 30,000.00 $662,900.00 86,177.00 $749,077.00 (74,510,00) $674,567.00 3. Approved Source of Funds 2018 Ca•ital Bud•et -- Rec. Com.Iex— Arenas Account Code Source of Funds Funds Approved Required CS 12-18 Federal Gas Tax $644,039.00 $644,039.00 5735.1801.6500 Additional Federal Gas Tax Funds Required Total Funds 30,528.00 $644,039.00 $674,567.00 Project Cost under (over) approved funds by ($30,528.00) The additional cost will be funded from Federal Gas Tax Reserve Fund therefore no property tax dollars will be required to fund the additional cost. Discussion: The existing O'Brien Arena Refrigeration Plant at the Pickering Recreation Complex was installed in 1993. It is now 25 years old and has reached the end of its serviceable life. Several components, including the shell and tube heat exchanger, have severe corrosion and cannot be returned to service for another ice season. Tender No.T-18-2018 was awarded in May 2018 and included provision of a temporary refrigeration plant to sustain arena operations while the new plant was installed. A recently 34 Report CS 33-18 December 10, 2018 Subject: Additional Funds for Tender No.T-18-2018 for O'Brien Refrigeration Plant Rebuild at the Pickering Recreation Complex released report regarding the tragic deaths of three ice arena workers in Fernie, British Columbia, • prompted staff to verify the condition of the existing brine charge in the system prior to activating the temporary plant. The brine was found to be contaminated with ammonia and the entire volume had to be replaced due to potential health and safety concerns. While pressurizing the system for activation of the temporary plant, leaks developed at the north end of the supply and return ends of the cold header and had to be repaired. The header is also 25 years old and at end of life, and had already been identified for replacement in 2022. It could not be inspected in advance of tender as the header is covered with both insulation and a thick layer of ice while the refrigeration plant is in use. Ten foot sections at the northernmost ends of both the cold supply and return headers had to be replaced. Without these repairs, the rink could not operate. Replacement of the balance of the header will be advanced for separate replacement in 2019. The resulting total costs of these unplanned extras exceeded the approved project budget including contingency of CS 12-18, by $4,655.61 (net of HST rebate). The temporary refrigeration has now been removed and the new O'Brien Arena Refrigeration Plant is now operational. All that remains to be resolved are final inspections and minor deficiencies typical for the final stage of any capital project. Therefore, at this time, Council approval is being sought for additional funds in the amount of $30,000.00 (plus HST) to cover the outstanding costs for the work listed above in the amount of $4,655.61 and to provide minimal additional contingency for the final portions of the work. Any unspent funds will be returned to source. The Community Services Department recommends that additional costs in the amount of $30,528.00 (net of HST rebate) over the original tender amount for Tender No. T-18.2018 for Rebuild of the O'Brien Refrigeration Plant at the Pickering Recreation Complex resulting in a revised Tender amount of $674,567.00 (net HST rebate) be approved. 35 Report CS 33-18 December 10, 2018 Subject: Additional Funds for Tender No.T-18-2018 for O'Brien Refrigeration Plant Rebuild at the Pickering Recreation Complex Prepared By, Approved/Endorsed By: Vince Plouffe, DAA, RA`Ta Manager, Facilities Capital Projects Brian Du field Division Head, Operations Ray R+dri: es • Manager, S pply & Services MC:vp Marisa Carpino, MA Director, Community Services Stan Karwowski, CPA, CMA, MBA Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer Nc-. 3a, 20! 3 33 Cdsio� CKER Report to Council Report Number: CS 34-18 Date: December 10, 2018 From: Marisa Carpino Director, Community Services Subject: Architectural, Landscape and Engineering Design Services for the Pickering Heritage & Community Centre - Additional Consulting Services for Phase 2 Design - File: A-1440 Recommendation: 1. That the updated fee proposal dated November 12, 2018 submitted by Hariri Pontarini Architects to expand the scope of design awarded for RFP -6-2018 to include Phase 2 design and related consulting services in the amount of $660,654.50 (HST included) be accepted; 2. That the total gross project cost for Phase 2 of $722,805.00 (HST included), including the amount of the proposal and other associated costs, and the total net project cost of $650,908.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the net project cost of $650,908.00 for Phase 2 as follows: a) the sum of $299,418.00 to be funded by a transfer from the Rate Stabilization Reserve; b) the sum of $26,036.00 to be funded by a transfer from Development Charges — City's Share Reserve; c) the sum of $84,618.00 to be funded by a transfer from Development Charges — Parks & Recreation Services Reserve Fund; d) the sum of $240,836.00 to be funded by a transfer from Development Charges — Library Reserve Fund; e) the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The Pickering Heritage & Community Centre (PHCC) will be a new City facility constructed to replace the existing Museum Administration Building and Greenwood Community Centre, both at end of life, and to accommodate the relocation of archival storage and related functions from the Central Branch Library. The specialized storage needs of the Library 37 Report CS 34-18 December 10, 2018 Subject: Architectural, Landscape and Engineering Services for the Pickering Heritage & Community Centre (Phase 2 Design) archives and Museum collection are very similar, and can share adjoining space tomaximize functionality, public access, and cost efficiency. RFP -6-2018 was awarded to Hariri Pontarini Architects in June 2018 for design and consulting services of Phase 1 of the PHCC project, as per Council Resolution #455118. This original scope of work included the detailed design of Phase 1 and only the schematic design of Phase 2, with the balance of design work for Phase 2 forecast in 2021. Construction of Phase 1 is planned to begin in 2019 subject to Council approval of the 2019 Capital budget. Funding for Phase 2 construction was planned for 2022 as per the Capital budget forecast. The PHCC project is very well-suited to a number of existing federal grant programs, including potentially new funding streams specific to multi -use cultural facilities expected in advance of the 2019 federal election. Completing the detailed building design (Phase 1 and 2) at this time will strategically position the City to maximize grant opportunities by having a complete `shovel -ready' project in hand. A balance of $654,707.00 remains uncommitted from the original project budget, following the award of RFP -6-2018. Hariri Pontarini Architects have submitted a fee proposal of $660,654.50 (HST included) to expand the existing scope of work to include all required consulting services for Phase 2, including production of construction documents and contract administration services. The total gross project cost for this additional work is estimated to be $722,805.00 (HST included) and the total net project cost is estimated at $650,908.00 (net of HST rebate). Financial Implications: 1. Proposal Amount Consulting Services for PHCC Phase 1 & 2 HST (13%) Total Gross Project Cost CS 19-18 Phase 1 $658,120.00 85,555.60 $743,675.60 CS 34-18 Phase 2 $584,650.00 76,004.50 $660,654.50 Total $1,242,770.00 161,560.10 $1,404,330.10 38 Report CS 34-18 Subject: Architectural, Landscape and Engineering Services for the Pickering Heritage & Community Centre (Phase 2 Design) December 10, 2018 Estimated Pro'ect Costin Summary Request for Proposal No. RFP -6- 2018 Phase 1 & 2 Contingency Permits & Approvals Testing & Inspection Total Project Cost HST (13%) Total Gross Project Cost HST Rebate (11.24%) Total Net Project Costs CS 19-18 Phase 1 $658,120.00 90, 000.00 10, 000.00 80,000.00 838,120.00 108,956.00 $947,076.00 (94,205.00) $852,871.00 CS 34-18 Phase 2 $584,650.00 40,000.00 15,000.00 639,650.00 83,155.00 $722,805.00 (71,897.00) $650,908.00 Total $1,242,770.00 130,000.00 10,000.00 95,000.00 1,477,770.00 192,111.00 $1,669,881.00 (166,102.00) $1,503,779.00 3. Approved Source of Funds 2018 Capital Budget — Community Centres 39 Account Code Source of Funds Budget 5719.1806 6230 Total Funds Rate Stabilization Reserve Development Charges — City's Share Reserve Fund Development Charges — Parks & Recreation Services Reserve Fund Development Charges — Library Reserve Fund $695,079.00 61,245.00 200,046.00 551,208.00 $1,507,578.00 CS 19-18 Phase 1 $393,222.00 34,647.00 113,171.00 CS 34-18 Phase 2 $299,418.00 26,036.00 84,618.00 311,831.00 240,836.00 $852,871.00 $650,908.00 Project Cost under (over) approved funds by $3,799.00 Note that financing for RFP -6-2018 Phase 1 of this project has been previously approved under CS 19-18 at the Executive Meeting of June 18, 2018. At this time, Council approval is being sought for the financing of Phase 2 of this project, at the estimated net project cost of $650,908.00. Report CS 34-18 December 10, 2018 Subject: Architectural, Landscape and Engineering Services for the Pickering Heritage & Community Centre (Phase 2 Design) The entire building will be designed to be energy efficient and with modern construction materials in order to control future building operating costs. Discussion: Preliminary design work for Phases 1 and 2 of PHCC has been completed and the project is now moving into the detailed design stage. Stakeholder consultations are underway to obtain feedback on work done to date, and initial cost estimates have been received. RFP -6-2018 included schematic design for both Phases of proposed construction. Basic understanding of infrastructure and servicing needs were to be included in Phase 1 construction to avoid expensive and inefficient decentralized installations spread across two stages of construction. Completing the entire building design all at once will maximize efficiencies and avoid the potential risks, costs and coordination problems should a separate design team be awarded Phase 2. In addition, new opportunities for federal grant funding may become available in advance of the 2019 federal election. Completing both Phases of the project at one time would position the City to maximize any opportunities that arise by having a major project ready for implementation. Construction documents for the PHCC project will be prepared to proceed with one or both Phases, depending on the results of grant applications to be submitted early in the new year. A single design also helps standardize details and product selections for the entire building, whereas two sets of design documents and two separate construction contracts inevitably lead to some degree of difference in the appearance between the stages of a phased project. The fee proposal submitted by Hariri Pontarini includes cost allowances for both scenarios, though savings in the order of $100,000 could be realized on consulting fees alone if both Phases were constructed at the same time. An additional $1.1 million could potentially be saved though combined construction by order of magnitude costing, reducing overall construction timelines by roughly nine months and avoiding costs for temporary Costs, such as the construction of an exterior wall construction between phases. PHCC will be the first new City facility to open in proximity to the Seaton community. Phase 1 includes a 2,400 square foot multipurpose room for programming and community functions, intended to replace aging equivalent space at the Greenwood Community Centre. Phase 2 includes a gymnasium, change rooms, adaptable concession/bar/catering area, full size exhibit and expanded lobby space that will expand the potential benefits of the building to a much broader segment of the community. The Community Services Department recommends the acceptance of the fee proposal for additional consulting services for Phase 2 of the Pickering Heritage and Community Centre project, dated November 12, 2018, submitted by Hariri Pontarini Architects in the amount of $660,654.50 (HST included) and that the total net project cost of $650,908.00 be approved. 40 L 41 Report CS 34-18 December 10, 2018 Subject: Architectural, Landscape and Engineering Services for the Pickering Heritage & Community Centre (Phase 2 Design) Prepared By: Approved/Endorsed By: Vince Plouffe, OAA, RAIC Manager, Facilities Capita] Projects !' Brian Duffle Division Head, Operations Ray Rodrigu-s Manager, Supply & Services Laura Gibbs Supervisor, Museum Services MC:vp t�J Marisa Carpino, MA Director, Community Services cfCathy hie Executive Officer Pi erIng Public Library Stan Karwowski, CPA, CMA, MBA Director, Finance & Treasurer Recommended for the consideration of Pickering City Council 2 Tony Prevedel, P.Eng. Chief Administrative Officer W// u od P1CKE RING Report to Council Report Number: FIN 21-18 Date: December 10, 2018 From: Stan Karwowski Director, Finance & Treasurer Subject: 2019 Interim Levy and Interim Tax Instalment Due Dates Recommendation: 1. That an interim property tax levy be adopted for all realty property classes for 2019; 2. That the interim property tax levy tax instalment due dates be February 26 and April 26, 2019; 3. That the attached draft by-law, providing for the imposition of the taxes, be enacted; and 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: Each year, prior to the adoption of the estimates for the year, Council authorizes the adoption of a by-law that establishes an interim tax levy to all property classes, payment due dates, and penalty and interest charges. Under Provincial legislation, the interim levy can be no more than 50 per cent of the previous year's annualized taxes. The tax levy raises funds that are used for the continuing operations of the City, Region and the School Boards. These due dates are relatively unchanged from prior years. Financial Implications: This is an annual report which is procedural in nature. Enacting a by-law that establishes an interim tax levy to all properties will permit the City to meet its financial obligations and reduce borrowing costs until such time as the 2019 Budget and 2019 Final Tax Levy by-laws are approved by Council. The first instalments payable to the School Boards and Region are due on March 31, 2019. 42 Report FIN 21-18 December 10, 2018 Subject: 2019 Interim Levy and Interim Tax Instalment Due Dates - Page 2 Discussion: In accordance with the Municipal Act, 2001, as amended, the City issues interim property tax bills based on the previous year's annualized taxes. Those taxpayers that utilize the City's Pre -authorized Tax Payment Plan (PTP) will have the benefit of spreading any potential tax increase due to re -assessment over the 6 instalments that occur after the City's budget has been passed and after the Province sets the 2019 (final) education tax rates. The City currently has approximately 10,000 ratepayers using the monthly PTP program. Taxpayers who have taxes included with their mortgage payments pay their taxes over a 12 -month period and 'also do not experience the impact of re -assessment to the same extent as a taxpayer who pays their taxes on the four regular instalment due dates. Attachments: 1. By-law to Establish the 2019 Interim Instalment Due Dates Prepared By: / /77/ Mike Jones Supervisor, Taxation Approved/Endorsed By: Stan Karwowski Director, Finance & Treasurer Recommended for the consideration of Pickering CityCouncil _ Tony Prevedel, P.Eng. Chief Administrative Officer 43 /ATTACHMENT# / TO REPORT#jj& 2[—/ The Corporation of the City of Pickering By-law No. /18 Being a by-law for the collection of taxes and to establish the instalment due dates for the Interim Levy 2019 Whereas Section 317 of the Municipal Act, 2001, 5.0.2001, c.25, as amended, provides that the council of a local municipality may, before the adoption of the estimates for the year, pass a by-law levying amounts on the assessment of property, in the local municipality ratable for local municipality purposes; and Whereas, the Council of the Corporation of the City of Pickering deems it appropriate to provide for such an interim levy on the assessment of property in this municipality. Now therefore, the Council of the Corporation of the City of Pickering hereby enacts as follows: 1 The amounts levied shall be as follows: a. For the residential, pipeline, farmland and managed forest property classes there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50 per cent of the total annualized taxes for municipal and school purposes levied in the year 2018. b. For the multi -residential, commercial and industrial property classes there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50 per cent of the total annualized taxes for municipal and school purposes levied in the year 2018. c. For the payment -in -lieu property classes, there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50 per cent of the total annualized taxes for municipal and where applicable for school purposes, levied in the year 2018. 2. For the purposes of calculating the total amount of taxes for the year 2019 under paragraph 1, the Treasurer has the authority to prescribe the percentage for the calculation of the interim taxes, and if any taxes for municipal and school purposes were levied on a property for only part of 2018 because assessment was added to the collector's roll during 2018, an amount shall be added equal to the additional taxes that would have been levied on the property if taxes for municipal and school purposes had been levied for the entire year. 3. The provisions of this by-law apply in the event that assessment is added for the year 2018 to the collector's roll after the date this by-law is passed and an interim levy shall be imposed and collected. 44 By-law No. Page 2 4. Taxes shall be payable to the Treasurer, City of Pickering. 5. When not in default, the payment of taxes, or any instalment thereof, may also be made at any financial institution permitted by Subsection 346 (2) of the Municipal Act, 2001, S.O. 2001 c. 25, as amended. 6. The Treasurer may mail, or cause to be mailed, all notices of taxes required in accordance with the provisions of the Municipal Act, 2001, S.O. c. 25, as amended, to the address of the residence or place of business or to the premises in respect of which the taxes are payable unless the taxpayer directs the Treasurer in writing to send the bill to another address, in which case it shall be sent to that address. Notices will not be mailed to tenants. It is the responsibility of the person taxed to notify and collect taxes from tenants or other persons. 7. The Treasurer is hereby authorized to accept part payment from time to time on account of any taxes due, in accordance with the provisions of subsection 347 (1) and (2) of the Municipal Act, 2001, S.O. c.25, as amended, and to give a receipt for such part payment under Section 346 (1) of the Municipal Act, 2001, S.O. c.25, as amended. 8. The Treasurer is hereby authorized to prepare and give one separate tax notice for the collection of 2019 taxes, 1 notice being an interim notice, with 2 instalments under the provisions of Section 342 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, as follows: Interim Tax Notice Due date of the first instalment February 26, 2019 Due date of the second instalment April 26, 2019; or either date adjusted by the Director, Finance & Treasurer. 9. Section 8 of this by-law in respect to the due dates does not apply to those taxpayers who participate in the City's monthly Pre -authorized Tax Payment plan (PTP). Monthly PTP interim due dates are the 1st, 8th, and 16th day of each month. 10. Except in the case of taxes payable in respect of assessments made under Sections 33 and 34 of the Assessment Act, R.S.O. 1990, c.A31, as amended, the late payment charge of 1.25 per cent for non-payment of taxes and monies payable as taxes shall be added as a penalty to every tax or assessment, rent or rate of any instalment or part thereof remaining unpaid on the first day of default and on the first day of each calendar month thereafter in which such default continues pursuant to subsections 345 (1), (2) and (3) of the Municipal Act, 2001, S.O. c.25, as amended. The Treasurer shall collect by distress or otherwise under the provisions of the applicable statutes all such taxes, assessments, rents, rates or instalments or parts thereof as shall not have been paid on or before the several dates named as aforesaid, together with the said percentage charges as they are incurred pursuant to sections 349, 350 and 351 of the Municipal Act, 2001, S.O. c.25, as amended. 45 By-law No. Page 3 11. In the case of taxes payable in respect of assessments made under Sections 33 and 34 of the Assessment Act, R.S.O. 1990, c.A.31, as amended, the late payment charge of 1.25 per cent for non-payment of taxes and monies payable as taxes shall be added as a penalty to every tax so payable remaining unpaid on the first day after 21 days from the date of mailing by the Treasurer of a demand for payment thereof and on the first day of each calendar month thereafter in which default continues pursuant to subsections 345 (1), (2) and (3) of the Municipal Act, 2001, S.O. c.25, as amended. It shall be the duty of the Treasurer immediately after the expiration of the said 21 days to collect at once by distress or otherwise under the provisions of the applicable statutes, all such taxes as shall not have been paid on or before the expiration of the said 21 day period, together with the said percentage charges as they are incurred pursuant to sections 349, 350 and 351 of the Municipal Act, 2001, S.O. c.25, as amended. 12. Nothing herein contained shall prevent the Treasurer from proceeding at any time with the collection of any rate, tax or assessment, or any part thereof, in accordance with the provisions of the statutes and by-laws governing the collection of taxes. 13. Where tenants of land owned by the Crown or in which the Crown has an interest are liable for the payment of taxes and where any such tenant has been employed either within or outside the municipality by the same employer for not less than 30 days, such employer shall pay over to the Treasurer on demand out of any wages, salary or other remuneration due to such employee, the amount then payable for taxes under this by-law and such payment shall relieve the employer from any liability to the employee for the amount so paid. 14. If any section or portion of this by-law is found by a court of competent jurisdiction to be invalid, it is the intent of Council for the Corporation of the City of Pickering that all remaining sections and portions of this by-law continue in force and effect. 15. That this by-law is to come into effect on the 1st day of January, 2019. By-law passed this 10th day of December, 2018. David Ryan, Mayor Debbie Shields, Clerk 46 PSC cds, (ER1N G Report to Council Report Number: FIN 22-18 Date: December 10, 2018 From: Stan Karwowski Director, Finance & Treasurer Subject: Tender/Contract Approvals Approvals During Council Recess October and November, 2018 Recommendation: 1. That Report FIN 22-18 of the Director, Finance & Treasurer regarding tender, proposal and contract approvals during Council Recess be received; 2. That Council pass a resolution ratifying the approval of the Quotations and Contracts by the Chief Administrative Officer during Councils' recess being Quotation No. Q- 29-2018 Seniors and Person with Disabilities Snow Clearing Program and Q-34- 2018 Supply & Delivery of Three (3) New latest Model Four Ton Dump Trucks with Snow Plow and Wing; and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: Council is required to approve contracts awarded by the Chief Administrative Officer in accordance with Section 07 of the Purchasing Policy during recesses of Council. The quotation and contract approvals contained in this report were approved by the Chief Administrative Officer during Council's recess for October and November 2018. They were in compliance with the City's Purchasing Policy and were contained within an approved budget. Financial Implications: The capital projects listed and described in this report are being funded from various sources as approved by Council in the Current and Capital Budget. Quotation No. Q-29-2018 Seniors and Persons with Disabilities Snow Clearing Program The low quotation submitted by Gray's Landscaping & Snow Removal Inc. for Quotation No. Q-29-2018 for Year 1 of the 3 -year Seniors and Persons with Disabilities Snow Clearing Program in the amount of $21,636.00 (HST excluded) per occurrence be approved. The service program for snow clearing will be funded from property tax, as 47 Report FIN 22-18 December 10, 2018 Subject: Tender/Contract Approval Approvals During Council Recess October and November, 2018 Page 2 approved in the 2018 Current Budget. The seniors snow removal program cost will almost double for 2019 and staff will be recommending that this cost pressure be funded by a special levy. 1, Quotation Amount Quotation No. Q-29-2018, Year 1 (per snow clearing and salting service) HST (13%) Total $21,636.00 2,812.68 $4A48.68 2. Estimated Project Cost Summary Quotation No. Q-29-2018 Seniors and Person with Disabilities Snow Clearing Program, Year 1 (based on 12 call outs) HST (13%) Gross Project Cost HST Rebate (11.24%) Total Net Project Cost $259,632 33,752 293,374 (29,183) $264,202 3. Approved Source of Funds Location Project Code Source of Funds Budget Required Property 2132.5320.0000 Property Tax $126,000 $264,202* Maintenance Total Funds $138,202 Project Cost under (over) Approved Funds ($138,202) *The required amount reflects a full "snow season" (2018/2019) 48 Report FIN 22-18 December 10, 2018 Subject: Tender/Contract Approval Approvals During Council Recess October and November, 2018 Page 3 Quotation No. Q-34-2018 Supply & Delivery of Three (3) New latest Model Four Ton Dump Trucks with Snow Plow and Wing 1. Quotation Amount (3) New Latest -Model Year Four Ton Dump Truck with Snow Plow and Wing HST (13%) Total Gross Quotation Cost $725,958.00 94,375.54 $820,332,54 2. Estimated Project Cost Summary Quotation No. Q-34-2018 Licenses (3 vehicles) Total Project Cost (excluding taxes) HST (13%) Gross Project Cost HST Rebate (11.24%) Total Net Project Cost $725,958 1,800 $727,758 94,609 $822,367 (81,800) $740.567 3. Approved Source of Funds — 2018 Roads Equipment Capital Budget Description (2) New Latest -Model Year Four Ton Dump Truck with Snow Plow and Wing (1) New Latest -Model Year Four Ton Dump Truck with Snow Plow and Wing Total Funds Account Code Source of Funds Available Required Budget 5319.1804.6158 Vehicle $540,000 $493,711 Replacement Reserve 270,000 246,856 $810.000 $740,567 5319.1805.6158 Development Charges — Other Services related to a Highway Net Project Cost under (over) Approved Funds $69,433 49 Report FIN 22-18 December 10, 2018 Subject: TenderlContract Approval Page 4 Approvals During Council Recess October and November, 2018 Discussion: Purchasing Policy Item 07 authorizes the Chief Administrative Officer to act on behalf of Counci[ in approving an award of a project, and the Treasurer is authorized to approve financing for same, during any recess, break or absence of Council on the condition that: (a) The project is in a budget approved by Council; (b) Such actions are in compliance with the Purchasing Policy and the Financial Control Policy; (c) The project is not debt financed; and (d) A report respecting those approvals is subsequently submitted to Council. The circumstances were such that 2 quotations required approval by the Chief Administrative Officer during Council's 2018 recess. It is recommended that Counci] receive this Report for information and ratify the approval of Quotation No. 0-29-2018, Seniors and Person with Disabilities Snow Clearing Program and Q-34-2018 Supply & Delivery of Three (3) New latest Model Four Ton Dump Trucks with Snow Plow and Wing. Attachments: 1. Supply & Services Summary Memorandum dated October 9, 2018 2. Community Services Award Memorandum dated October 24, 2018 3. Community Services Award Memorandum dated November 8, 2018 Prepared By: Ray Rodrigues, CPPB - Manager, Supply & Services Approved/Endorsed By: Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer Recommended for the consideration of Pickering City Council 19/ weidi Tony Prevedel, P.Eng. Chief Administrative Officer 50 City intf DICKERING ATTACHMENT #, / TO REPORT #j11 Memo To: Marisa Carpino October 9, 2018 Director, Community Services From: Jacqueline Charles Senior Purchasing Analyst, Supply & Services Copy: Administrative Assistant, Community Services Manager, Supply & Services Subject: Quotation No. Q-29-2018 Seniors and Persons with Disabilities Snow Clearing Program Closed: October 2, 2018, before 12:00 noon. File: F-5300-001 Quotation Q-29-2018 was advertised on the City's website on September 11. 2018 of which two companies responded. Stage I — Mandatory Submission Requirements — determines which submissions satisfy all the mandatory submission requirements and provides Respondents the opportunity to rectify deficiencies. Two proposals proceed to Stage Il — Evaluation. A summary of the Stage II and III evaluation results for each quotation is attached. Gray's Landscaping & Snow Removal Inc. is the top ranked respondent with a submitted price of $21,636 (HST Excluded) per occurrence of Snow Clearing and Salting up to 12 call outs per year. A budget of $126,000 was provided to Supply & Services for this procurement. If the recommendation to award exceeds the budgeted amount, refer to Financial Control Policy Item 11 for additional instructions. In accordance with Appendix D — Request for Quotations Particulars, Item B: Material Disclosures, the following documents will be requested from Gray's Landscaping & Snow Removal Inc.: (a) A copy of the City's Health and Safety Policy form currently dated and signed; (b) A copy of the current Clearance Certificate issued by Workplace Safety & Insurance Board; and (c) The City's certificate of insurance or approved alternative form shall be completed by the bidder's agent, broker or insurer. Please advise if Supply & Services is to proceed with this task. In accordance with Purchasing Policy Item 06.04, the authority for the dollar limit as set out 51 below excludes HST. In accordance with Purchasing Policy, Item 06.11, where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is: (b) Over $75,000 and up to $250,000, the Manager may approve the award, subject to the, approval of the Director, Treasurer and the CAO. Subject to receipt of approvals on Health & Safety and insurance documents, please provide your recommendation in memo form. After receiving CAD's approval, an approved "on-line" requisition will be required to proceed. Please direct all enquiries to Supply & Services. Respondents will be advised in due course. If you require further information or assistance, do not hesitate to contact me or a member of Supply & Services. JC Attachments (3) Page 2 of 2 52 oif DICKERING ATTACHMENT #i .._7OREP©RT# - 1, Memo To: Ray Rodrigues October 24, 2018 Manager, Supply & Services From: Marisa Carpino Director, Community Services Copy: Division Head, Operations Manager, Public Works Supervisor, Parks Operations Subject: Quotation Q-29-2018 - Seniors and Persons with Disabilities Snow Clearing Program File: F-5300-001-18 Quotation Q-29-2018 closed on October 2, 2018 and two companies submitted a quotation by the closing date and time. An evaluation committee consisting of three Public Works staff reviewed. and evaluated the submissions. A combined average score for each quotation was determined as part of Stage II of the evaluation process. The highest ranking respondent was Gray's Landscaping & Snow Removal Inc. with a submitted price of $21,636 (HST excluded) per occurrence of snow clearing and salting for year one of a four year quotation based on an estimated quantity of four hundred and twenty-five residents. The Seniors & Persons with Disabilities Snow Clearing Program accommodates up to four hundred and forty households including the Hamlets of Brougham, Claremont, Greenwood and Whitevaie. An average of 12 snow'events are expected per year bringing the anticipated year 1 cost for the program to $259,632 (HST excluded). The registration fee associated with this is $35.00 (HST excluded) per household which generates total annual revenues of approximately $17,578 (HST excluded). In accordance with Purchasing Policy, Item 06.11 (c), where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is over $250,000, the Manager may approve the award, subject to the approval of the Director, Treasurer, CAO and Council. The account for this award is 2132.5320.00 and the approved budget is $126,000.00 of which there is insufficient funds for the anticipated average of 12 snow events per season. In accordance with Purchasing Policy, Item 07, the CAO is authorized to act on behalf of Council in approving an award of a project during Council recess. As per the Financial Control Policy, Item 11.04, Current and Capital Budget expenditures in excess of the limits established under Section 11.01, 11.02 and 11.03 shall require the approval of the Treasurer, the Chief Administrative Officer, and Council. However, due to the fact that Council is currently in recess and the services related to this program are required to respond to 53 the upcoming weather events, the Chief Administrative Officer will approve this award in their absence. After careful review of all submissions received, the Evaluation Committee and the Community Services Department recommends acceptance of the quotation submitted by Gray's Landscaping & Snow Removal Inc. for Quotation No. Q-29-2018 for year one of the four year Seniors and Persons with Disabilities Snow Clearing Program. Should circumstances regarding this program change in the future, the City can exercise its option to terminate the service contract after year one and at the time of renewal. Prepared By: Marisa Carron., MA Director, Community Services ApprovedlEridorsed By: Ray R drigues Manaver, Supply & Services Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer Approval Tony Prevedel, P. Eng. Chief Administrative Officer Dat 2-4, 2or e MC:nw Attachment: Supply & Services Memorandum dated October 9, 2018 October 24, 2018 Seniors and Persons with Disabilities Snow Clearing Program Page 2 of 2 54 CIL od DICKERING ATTACf.,." 3.. TO f l,tE'''O b s _.L 1I 2-1--t,0 Memo To: Tony Prevedel Chief Administrative Officer From: Marisa Carpino Director, Community Services Copy: Division Head, Operations Manager, Public Works Manager, Supply & Services November 8, 2018 Subject: Quotation No. Q-34-2018 Quotationfor the Supply and Delivery of Three (3) New Latest -Model Four Ton Durnp Trucks with Snow Plow and Wing File: A-1440 Overview: The Public Works Section, within the Community Services Department, currently utilizes eleven 4 Ton Dump Trucks. The replacement of two 4 Ton Dump'Trucks (unit #060 — 2007 International and unit #057 -- 2009 International) and the addition of one new 4 Ton Dump Truck was approved in the 2018 Roads Equipment Capital Budget funded from a Vehicle Replacement Reserve and Development Charges Reserve Fund, respectively. On April 2, 2018 an advertisement was placed on the City's website. One company responded by the closing date of April 23, 2018. The quotation submitted by Tallman Truck Centre Ltd., for three 2020 International 4 Ton Dump Trucks with Snow Plow and Wing received an acceptable score from the Evaluation Committee, meets the required specifications, and is recommended for approval. in accordance with Purchasing Policy Item 06.11(c), where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable and the estimated total purchase price is over $250,000.00, the Manager may approve the award, subject to the approval of the Director, Treasurer, CAO and Council. In accordance with the Purchasing Policy, Item 07, the CAO is authorized to act on behalf of Council in approving an award of a project during Council Recess on the condition that: a) the project is in a budget approved by Council; b) such actions are in compliance with the Purchasing Policy and the Financial Control Policy; c) the project is not debt financed; and, d) a report respecting those approvals is subsequently submitted to Council. 55 Recommendation: 1. That Quotation No. Q-34-2018 submitted by Tallman Truck Centre Limited, in the amount of $820,332.54 (HST included) be accepted; 2. That the total gross quotation cost of $822,367.00 (HST included) and the total net project cost of $740,567.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $740,567.00 as follows: a) the sum of $493,711.00, as provided for in the 2018 Roads Equipment Capital Budget to be funded by a transfer from the Vehicle Replacement Reserve; b) the sum of $246,856.00, as provided for in the 2018 Roads Equipment Capital Budget to be funded by a transfer from Development Charges Reserve Fund — Other Services Related to a Highway; c) The Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this memo. Financial Implications: 1. Quotation Amount (3) New Latest -Model Year Four Ton Dump Trucks with Snow Plow and Wing HST (13%) Total Gross Quotation Cost $725,958.00 94,374.54 $820,332.54 2. Estimated Project Costing Summary Quotation No: Q-34-2018 Licences (3 vehicles) Total project cost (excluding taxes) HST (13%) Gross Project Cost HST Rebate (11.24%) Total Net Project Cost $725,958.00 1,800.00 $727,758.00 94,609.00 $822,367.00 (81,800.00) $740,567.00 November 8, 2018 Quotation No. Q-34-2018 Supply and Delivery of Three (3) New Latest -Model Four Ton Dump Trucks with Snow Plow and Wing Page 2 of 4 56 3.A roved Source of Funds — 2018 Roads E U ment Capital Budget Description - Account Code Source of Funds . Available Required Budget $540,000.00 $493,711,00 (2) New Latest -Model 5319.1804.6158 Vehicle Year Four Ton Dump Replacement Trucks with Snow Plow Reserve and Wing (1) New Latest -Model 5319.1805.6158 Development Year Four Ton Dump Charges -- Other Truck with. Snow Plow Services related to and Wing Highway Total Funds 270,000.00 - 246,856.00 $810,000.00 $740,567.00 Net Project Cost under (over) Approved Funds $69,433.00 Discussion: The Public Works Section,.within the Community Services Department, currently utilizes eleven 4 Ton Dump Trucks. The replacement of two 4 Ton Dump Trucks (unit #060 — 2007 International and unit #057 — 2009 International) and the addition of one new 4 Ton Dump Truck was approved in the 2018 Roads Equipment Capita[ Budget. The two replacement trucks are funded from Vehicle Replacement Reserve, and the third new truck, to service the additional routes in Seaton, is funded from Development Charges Reserve Fund — Other Services Related to a Highway. An Evaluation Committee consisting of Public Works staff independently evaluated the quotation based on the rated criteria. It was determined that Tallman Truck Centre Limited did not meet the minimum technical requirements as per the bid document. As such, in accordance with the terms and conditions of the quotation document, City staff negotiated with Tallman Truck Centre Limited to rectify the technical deficiencies and a revised bid was submitted. A combined average score was determined as part of Stage II and 111 of the evaluation process and Tallman Truck Centre Limited was the only and highest scoring bidder. After careful review of the submission received, Public Works -staff recommend the acceptance of Quotation No. Q-34-2018 submitted by Tallman Truck Centre Limited for Three (3) New Latest - Model Year Four Ton International Dump Trucks with Snow Plow and Wing in the amount of $725,958.00 (HST extra) and that the total net project cost of $740,567.00 (net of HST rebate) be approved. November 8, 2018 - Quotation No. Q-34-2018 Supply and Delivery of Three (3) New Latest -Model Four Ton Dump Trucks with Snow Plow and Wing 57 Page 3 of 4 Attachments: 1. Supply & Services Memorandum October 10, 2018 Prepar- ' By:7 ApprovedlEndorsed By: tt Currei Supervisor, Municipal Garage MC:nw 10, Marisa Ca`r+ino, MA Director, Community Services Stan Karwowski, MBA, CPA, CMA Dire tor, Finance & Treasurer Ray " •drigues, CPPB Manager, Supply & Services Recommended for the consideration of Pickering City Council juee Tony Prevedel, P. Eng. Chief Administrative Officer November 8, 2018 Page 4 of 4 Quotation No. 0-34-2018 Supply and Delivery of Three (3) New Latest -Model Four Ton Dump Trucks with Snow Plow and Wing 58 ATTACHMENT# DICKERING Memo To: Marisa Carpino October 10, 2018 Director, Community Services From: Justin MacDonald Buyer, Supply & Services Copy: Administrative Assistant, Community Services Manager, Supply and Services Subject: Quotation No. Q-34-2018 Supply and Delivery of Three (3) New Latest -Model Year Four Ton Dump Truck with Snow Plow and Wing Closing Date: Monday April 23, 2018 at 12:00 Noon. File: F-5300-001 Quotation Q-34-2018 was advertised on the City's website on April 2, 2018 of which 1 company responded. The Evaluation Committee, consisting of City Staff from the Community Services conducted independent evaluations of the submission. Supply and Services was notified by the evaluation committee that the submission provided by Tallman Truck did not meet the minimum technical requirements, as requested in the bid document. Supply and Services and Operations Centre staff negotiated a resolution with Tallman Truck to rectify the technical deficiency in the rear differential/axel specification, and a revised bid was submitted for evaluation. Asummary of the Stage Il and III evaluation results for the submission is detailed below. Vendor Name Average of Evaluation Committee Points Awarded Quoted Amount (excluding HST) Points Awarded Price Total Points Awarded Tallman Truck Centre Limited 43.33 $72.5,958.00 50.00 ' 93.33 Tallman Truck Limited met the quotation requirements with its negotiated submission with a price of $725,958.00 (HST Excluded). A budget of $810,000.00 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 excludes HST, 59 In accordance with Purchasing Policy, Item 06.11, where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is: (c) Over $250,000, the Manager may approve the award, subject to the approval of the Director, Treasurer, CAO and Council. After receiving Council's approval, an approved "on-line" requisition will be required to proceed. Please direct all enquiries to Supply & Services. Respondents will be advised in due course. If you require further information or assistance, do not hesitate to contact me or a member of Supply & Services. JM Attachments (2) Page 2 of 2 60 644 PICKER NG Report to Council Report Number: FIN 23-18 Date: December 10, 2018 From: Stan Karwowski Director, Finance & Treasurer Subject: 2019 Interim Spending Authority Recommendation: 1. That the 2019 Interim Operating Expenditures be approved at 50 per cent of the prior year's budget, including adjustments, as contained in Attachment 1, pending approval of the formal 2019 Current Budget by Council; and 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: Adoption of the interim current operating spending authority will provide funding authorization for the payment of salaries, overhead and such other accounts as may be necessary for the normal day-to-day operations of the City pending approval of the 2019 Current Budget. Financial Implications: Adoption of the interim current operating appropriations does not constitute approval of a formal budget but rather is required to provide funding authorization at the transitional stage. At the conclusion of the budget process, all interim current operating appropriations are nullified and replaced with the appropriations as approved by Council. Discussion: Each year, pending approval by City Council of the annual Current Budget, it is necessary to provide expenditure authority respecting the payment of accounts for the interim period from January 1 until the Budget is adopted by Council. Such authority is in the form of interim current operating appropriations to meet estimated expense requirements of the individual departments, agencies and boards. Staff are seeking approval to provide for interim spending authority for up to the first 6 61 Report FIN 23=18 December 10, 2018 Subject: 2019 interim Spending Authority Page 2 months of 2019 or when Council approves the 2019 Budget, whichever occurs first. The Roads cost centre has been adjusted to reflect greater than 6 months of the annual budget due to the seasonal nature of this cost centre and past spending patterns. This has been reflected in Attachment 1. With the requirements of the Public Sector Accounting Board (PSAB) regarding tangible capital assets being effective since January 1, 2009, small capital items previously included under the Capital Budget have been gradually transferred to the Current Budget in the last few years. The 50 per cent interim provision is sufficient to cover this change. Under the same PSAB requirements regarding tangible capital assets, library materials have been deemed capital and included in the Capital Budget starting from 2010. In the library business, the publishing cycle demands that materials be purchased while they are "in print". As a result, certain materials must be purchased in a timely manner, and it is essential for the Library to continue purchasing materials throughout the year. On this basis, 50 per cent of last's year library capital materials has been included in the interim appropriations and reflected in Attachment 1. A minor provision has been included for small capital expenditures from current funds. Specific capital projects proposed prior to the approval of the 2019 Capital Budget will require specific approval by Council. In September 2018, the new Fire Station and Headquarters Re -design Consulting Fees project has been identified as a pre -2019 Capita[ Budget project. Request for specific approval for a net project cost of $445,000 will be forwarded to Council Meeting of December 10, 2018. Report to Council FIR 03- 18 provides further background information on this pre -2019 Capital Budget project. Attachments: 1. 2019 Interim Appropriations for Current Budget Operating Expenditures Prepared By: Approved/Endorsed By: Caryn Kong, CPA, CGA Senior Financial Analyst — Capital & Debt Management Stan Karwowski, CPA, CMA, MBA Director, Finance & Treasurer • 62 Report FIN 23-18 December 10, 2018 Subject: 2019 Interim Spending Authority Page 3 Recommended for the consideration of Pickering City. Council Tony Prevedel, P.Eng. Chief Administrative Officer 63 City of Pickering 2019 Interim Current Operation Appropriations Cost Centres , 2121 Office of the CAO - Admin. 2129 Customer Care Centre 2621 Economic Development & Marketing 2139 Human Resources 2141 Health & Safety 2610 City Development - Admin. 2611 Planning & Design 2612 Building Services 2620 Strategic Initiatives & Sustainability 2630 Committee of Adjustment 2743 Heritage Pickering 2711 Cult. & Rec. Admin. 2124 Civic Centre 2572 Senior Citizens Centre 2712 Programs 2713 Dunbarton Pool 2715 Don Beer Arena 2719 Community Centres 2731 Recreation Complex - Central Core 2733 Recreation Complex - Pool 2735 Recreation Complex - Arenas 2744 Museum 2500 Operations - Admin. 2132 Property Maintenance 2315 Fleet Services 2320 Roads 2718 Parks 2196 Information Technology 2125 Legal Services 2122 Clerks Office 2191 Records Management & Elections 2199 Print ShoplMail Room 2220 By-law 2293 Animal Services 2290 Engineering Services - Admin. 2230 Crossing Guards 2613 Water Resources & Development Ser 2323 Sidewalks 2325 Street Lights 2127 Finance 2133 Supply & Services 2240 Fire Protection 2241 Emergency Operations 2745 Libraries Gen Government -Various Capital -Library Materials Capital -Equipment & Furniture f?, TACHMEN9T # r TO E70 3" 2018 Approved Budget 641,677 576,069 916,433 785,460 167,560 680,621 3,166,058 1,863,721 741,060 9,674 14,725 2,569,195 781,217 546,104 2,388,704 370,565 1,416,272 947,269 3,278,699 1,006,972 989,612 1,014,265 944,660 945,198 1,219,946 6,931,707 4,274,505 1,960,414 781,077 569,288 391,042 527,092 1,088,222 531,822 2,225,178 531,462 1,761,132 435,904 1,146,362 3,432,811 396,322 16,543,512 163,082 5,857,744 36,072,321 364,944 0 Total 113,967,679 2019 (Jan. 1- June 30) Interim Appropriations 320,839 288,035 458,217 392,730 83,780 340,311 1,583,029 931,861 370,530 4,837 7,363 1,284,598 390,609 273,052 1,194, 352 185,283 708,136 473,635 1,639,350 503,486 494,806 507,133 472,330 472,599 609,973 4,159,024 2,137,253 980,207 390,539 284,644 195,521 263,546 544,111 26 5, 911 1,112,589 265,731 880,566 217,952 573,181 1,716,406 198,161 8,271,756 81,541 2,928,872 17,342,983 182,472 200,000 56,983,840 64 PSC a6 (ERNG Report to Council Report Number: F I N 24-18 Date: December 10, 2018 From: Stan Karwowski Director, Finance & Treasurer Subject: 2019 Temporary Borrowing By-law Recommendation: 1. That the temporary borrowing limit of $56 million be established to meet 2019 current expenditures pending receipt of taxes and other revenues for the period of January 1, 2019 to September 30, 2019 inclusive, and $28 million thereafter until December 31, 2019; 2. That the temporary borrowing limit for capital purposes for 2019 be established at $51 million; 3. That the attached draft by-law providing for the temporary borrowing of monies be enacted; and 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: Staff recommend that Council approve temporary 2019 borrowing limits as set out in the above recommendations. Council approval is required to undertake temporary borrowings, if necessary, for current operations and capital projects in order to meet the expenses of the City for 2019, until the taxes are collected and other revenues are received. Approval is always sought at the end of the City's fiscal (calendar) year in order to be prepared, in the event that loans are necessary, as we proceed into the new year. The approval of this report and the attached By-law will provide the City with financial flexibility to deal with unanticipated negative events. Put another way, this report provides the City with a financial safety net. 65 Report FIN 24-18 December 10, 2018 Subject: 2019 Temporary Borrowing By-law Page 2 Financial Implications: At this time, it is difficult to estimate the interest costs as it is uncertain how much temporary financing may be required and for how long. With internal borrowings being limited, the City must undertake external borrowing from the Regional Municipality of Durham (the "Region") in 2019 for approved capital expenditures. For current purposes, the $45 million limit for January 1 to September 30, 2018 has been increased to $56 million for January 1 to September 30, 2019 and the $22 million limit for October 1 to December 31, 2018 has been increased to $28 million for October 1 to December 31, 2019.' The limit for capital purposes for 2019 has been established at $51 million based on the draft 2019 Capital Budget dated November 8, 2018. The actual amount to borrow may have to be adjusted once the 2019 Capital Budget has been approved by Council. Discussion: The borrowing of funds for current and capital purposes may become necessary in the normal course of operations during 2019. Under Section 407 of the Municipal Act, 2001, as amended (the "Act"), Council may pass a by-law to provide for the temporary borrowing of funds to meet current operating expenditures pending receipt of taxes and other revenues of the City. Under the Act, the Corporation may also undertake temporary borrowings under individual project approvals, and for capital projects, pending permanent financing. Current Budget Financing The amount of such temporary borrowing outstanding at any one time is limited by the Act, unless otherwise approved by the Ontario Municipal Board, to 50 per cent of the estimated annual revenues from January 1 to September 30 and to 25 per cent thereafter. Until the current year's estimates are adopted, the limitation may be calculated upon the revenues set forth in the estimates adopted for the preceding year. Based upon the 2018 estimates of the Corporation, the allowable level of temporary borrowing outstanding under the Act is estimated at $56 million from January 1 to September 30 and $28 million thereafter. The requested $56 million should be sufficient to meet the current expenditures of the City until the levies for 2019 are received. It is expected that this amount will provide a sufficient level of temporary borrowings, taking into account the potential effects of taxation legislation and its impact on cash flows. 66 Report FIN 24-18 December 10, 2018 Subject: 2019 Temporary Borrowing By-law Page 3 Capital Budget Financing Borrowing for capital purposes under the Act can only be undertaken on projects approved by Council and will only be undertaken in the event that sufficient funds are not available at the time they are required. Recommendation 3 provides the authority for staff to obtain additional temporary interim financing (internal or external) for capital projects approved by Council. The $51 million capital borrowing limit should provide sufficient funds to cover the estimated 2019 capital expenditures. Attachments: 1. By-law to Authorize the Temporary Borrowing of Monies to Meet the Current and Capital Expenditures of the City of Pickering for the Year 2019 Prepared By: Caryn Kong, CPA, CGA Senior Financial Analyst — Capital & Debt Management Approved/Endorsed By: Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer 67 ATTACHMENT#_L TORE ORT# .c !g The Corporation of the City of Pickering By-law No. Being a by-law to authorize the temporary borrowing of monies to meet the current and capital expenditures of the City of Pickering for the year 2019. Whereas Section 407(1) of the Municipal Act, 2001, provides that the Council of the City of Pickering may by by-law authorize the Mayor and Treasurer of the City to borrow from time to time by way of promissory note such sums as the Council may deem necessary to meet, until the taxes for the current year are collected and other revenues are received, the current expenditures of the City for the year, including the amounts required for principal and interest falling due within the year upon any debt of the City, and the sums required by law to be provided by the Council for any local board of the City; Whereas Section 407(2) limits the total of such borrowings to not exceed 50 per cent of the estimated annual revenues from January 1 to September 30, 2019 and 25 per cent thereafter; Whereas it is deemed necessary by the said Council to borrow the sum of fifty-six million dollars ($56,000,000) to meet, until the taxes for the current year are received, the current expenditures of the City for the year 2019, including the amounts and sums aforesaid; Whereas the said sum of fifty-six million dollars ($56,000,000) plus any similar borrowings that have not been repaid, is less than 50 per cent of the total amount of the estimated revenues of the City from January 1 to September 30 as set forth in the estimates adopted by the Council for the year 2018 exclusive of revenues derivable from the sale of assets, borrowings or issues of debentures or from a surplus including arrears of levies, and twenty-eight million dollars ($28,000,000) is less than 25 per cent of the estimated revenues thereafter; Whereas the Municipal Act, 2001, provides that if a municipality has by by-law approved an undertaking to be financed in whole or in part by incurring long-term debt, the Council may by by-law authorize temporary borrowing to meet expenditures made in connection with the undertaking; and, Whereas it is deemed necessary by the Council to borrow the sum of fifty-one million dollars ($51,000,000) to meet the capital expenditures approved by Council. 68 By-law No. Page 5 Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: 1. The Mayor and Director, Finance & Treasurer of the City of Pickering are hereby authorized to _ borrow from time to time by way of promissory notes a sum or sums not exceeding fifty-six million dollars ($56,000,000) to meet, until the levies for the year 2019 are received, the current expenditures of the City for such year, including the amounts required for principal and interest falling due within the year upon any debt of the City for the period January 1 to September 30, 2019 inclusive and twenty-eight million dollars ($28,000,000) thereafter until December 31, 2019. 2. The Mayor and Director, Finance & Treasurer of the City of Pickering are hereby authorized to borrow from time to time by way of promissory notes a sum or sums not exceeding fifty-one million dollars ($51,000,000) to meet the capital expenditures as approved by Council of the City including the amounts required for principal and interest. 3. Any promissory notes made under the authority of this by-law shall be sealed and signed in accordance with the provisions of the Municipal Act, 2001, and may be countersigned in writing by the Manager, Accounting Services of the Corporation in accordance with the provisions of the said Act. 4. This By-law shall come into effect on the first day of January, 2019. By-law passed this 10th day of December, 2018. David Ryan, Mayor Debbie Shields, City Clerk 69 00 PICKER1N G Report to Council Report Number: FIN 25-18 Date: December 10, 2018 From: Stan Karwowski Director, Finance & Treasurer Subject: Insurance Renewal -- January 1, 2019 to December 31, 2019 Recommendation: 1. That the City of Pickering renew its liability, property and other insurance policies through Jardine Lloyd Thompson Canada Inc. (JLT) for the period January 1, 2019 to December 31, 2019 in the amount of $558,615 (plus applicable taxes) and inclusive of terms and conditions acceptable to the Director, Finance & Treasurer; 2. That the Director, Finance & Treasurer be authorized to purchase additional insurance, make changes to deductibles and existing coverages, and alter terms and conditions as becomes desirable or necessary to limit potential liability exposure and to protect the assets of the City and its elected officials and staff; 3. That L.V. Walker & Associates be confirmed as the City's Adjuster of Record for property, liability and other insurance and related matters; 4. That the Director, Finance & Treasurer be authorized to settle any claims including employing resources to investigate and defend claims, adjusting and legal fees, where it is in the City's best interest to do so; 5. That the Treasurer be authorized to extend the City's insurance contract for its liability, property and other insurance policies for three further one-year terms (2020 to 2022) provided that it is in the best interests of the City and the premium for the liability coverage does not exceed the rate of inflation; and 6. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. • Executive Summary: The City's insurance program continues to operate successfully and the above recommendations provide for a renewal of the policies essentially on the same or improved terms and conditions as in past years, with coverage that includes the Library, its Board and its employees. 70 FIN 25-18 December 10, 2018 Subject: Insurance Renewal -- January 1, 2019 to December 31, 2019 Page 2 In general, insurance premiums in the municipal insurance market have historically reflected an upward direction in costs. In 2013, the City's insurance premium peaked at $771,448 (plus applicable taxes). From 2013 to 2018, the City's insurance premiums have steadily fallen due to successful City risk management practices and favorable claims experience. These significantly lower premiums have resulted in a total savings of $980,000 to the City over the 2013 premium peak. In 2018, the global insurance market hardened due to a series of weather related catastrophic events in 2017. ]n a hard market, premiums are relatively high, fewer insurers are competing to write policies and insurers are less inclined to negotiate premium reductions. However, JLT is holding the line on the City's insurance premium for 2019 (excluding coverage changes) and is not increasing the premium due to the City's favourable claims experience and its risk management practices to reduce the likelihood of claims. Financial Implications: For the 2019 renewal, finance staff successfully negotiated the premium at the 2018 level, by stressing the benefits of the existing relationship between the City and JLT (loyalty discount). The insurance premium for 2019 is $558,615 (plus applicable taxes) and is the same amount as last year's insurance premium (excluding coverage changes). The 2019 insurance renewal premium will be provided for in the City's 2019 current budget to be approved by Council. Discussion: The City provides a wide variety of public services and programs to its residents including but not limited to fire, roads and sidewalks maintenance, parks, recreation and cultural services, storm water management, planning services, building services and animal services. The City's capita[ assets have an insured value of $209 million. The City is exposed to many potential risks and claims through the provision of services to the public and by allowing public access to its facilities and infrastructure. As these claims may be significant, the City maintains financial stability with a combination of risk management practices and insurance coverage. The City's current insurance provider was obtained through a competitive Request for Proposal process in 2013. The successful proponent was Jardine Lloyd Thompson (JLT), which was the highest ranked and lowest priced proponent. Council approved the award of the City's insurance program to JLT for a period of one year (January 1, 2014 to December 31, 2014) with an option in favor of the City to renew its insurance contract on the same terms and conditions for four consecutive one year renewal terms (2015 - 2018), each subject to Council approval. Subsequently in 2018, Council approved the renewal of the City's insurance coverage through JLT for a period of one year with an option to extend the coverage on the same terms and conditions for two further one year renewal terms (2019 - 2020) subject to Council approval. 71 FIN 25-18 December 10, 2018 Subject: Insurance Renewal -- January 1, 2019 to December 31, 2019 Page 3 Current Coverage The City's current insurance coverage is very broad and includes: - General Municipal Liability - Cyber Liability - Property and Equipment Breakdown - Automobile Fleet - Non -Owned Automobile - Errors and Omissions - Environmental Liability - Comprehensive Crime - Councillors' and Board Members' Accident - Conflict of Interest - Garage Automobile The City's current insurance coverage has a general liability limit of $50 million and a deductible of $100,000. The City's auto coverage has a liability limit of $5 million and a $10,000 deductible. With respect to auto accidents in which the City is not at fault, there is no deductible. The City's property coverage has a $25,000 deductible. 2019 Insurance Premiums Changes to the total cost of insurance can be split into three categories: experience, asset and coverage changes. 1) Premium changes are typically based on the City's claims experience and municipal insurance market changes. 2) Asset changes are due to adding or removing assets to/from the policy, such as buildings, automobiles and equipment, and changes in asset value due to inflation. 3) Coverage changes occur when the City adds or removes coverages, changes coverage limits and/or changes deductible limits. The new Operations Centre is an example of a new asset that will be added to the City's portfolio of insured property inventory once its construction is completed next year. The new Operations Centre is expected to be completed in the fall of 2019 and will result in a small increase in the City's property insurance premium for 2019. 72 FIN 25-18 December 10, 2018 Subject: Insurance Renewal — January 1, 2019 to December 31, 2019 Page 4 $800,000 $750,000 $700,000 $650,000 $600,000 $550,000 $500,000 City Insurance Costs (Before Applicable Taxes) 2013-2019 $771,448 $643,632 $642,553 $639,415 602,367 $558,615 $558,615 2013 2014 2015 2016 2017 2018 2019 As the above chart illustrates, the City's proposed 2019 insurance premium is less than the City's insurance costs in 2013. The significantly lower premiums translates into a total savings of $980,000 over the 2013 premium peak. To facilitate an "apples to apples" cost comparison between 2013 and 2019, the $558,615 premium adjusted to 2013 dollars would be $486,000. In addition, the value of the City's insured capital assets have increased from $184 million in 2013 to $209 million in 2018. Although the value of these insurable assets increased by 13.6 per cent during this period, the City's annual insurance costs have decreased by 20 per cent since the 2013 premium peak. This is mainly attributable to the City's favorable claims experience and its risk management practices to reduce the likelihood of claims. Due to a series of weather related catastrophic events in 2017, global insurers are preparing for catastrophic Toss payments which has translated into a hardening of the insurance market in 2018. In a hard market, premiums are relatively high, fewer insurers are competing to write policies and insurers are Tess inclined to negotiate premium reductions. However, JLT is holding the line on the City's insurance premium for 2019 (excluding coverage changes) and is not increasing the premium due to the City's favourable claims experience as noted above. City staff believe that the proposed premium for 2019, which is the same amount as last year's premium (excluding coverage changes), is reasonable and therefore recommend that the City renew its property, liability and other insurance policies through JLT for the period January 1, 2019 to December 31, 2019 in the amount of $558,615 (plus applicable taxes). 73 FIN 25-18 December 10, 2018 Subject: Insurance Renewal — January 1, 2019 to December 31, 2019 Page 5 Attachments: 1. Summary of Coverage, Limits and Deductibles Prepared By: James Halsall, CPA, CA Manager, Budgets & Internal Audit Approved/Endorsed By: Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer Recommended for the consideration of Pickering City Council tai Tony Prevede ng. Chief Administrative Officer 74 Jardine Lloyd Thompson Canada Inc. A ? b ACI. NEWT T # 1 TO REPORT fL — i �J LT Public Sector Division Box 3, Suite 1200, 55 University Avenue, Toronto,ON M5J 2H7 Phone: 416 941 9551 Toll Free: 800 268 9189 Fax: 416 941 9022 MUNICIPAL INSURANCE PROGRAM PROPOSAL Corporation of the City of Pickering Date of Issue: October 31, 2018 Prepared by: Andrea Bartels Direct phone line: 416.644-4826 E-mail address: abartels@jltcanada.com 75 Page 1 of 20 Jardine Lloyd Thompson Canada Inc. IMPORTANT — PLEASE NOTE THE FOLLOWING J LT This proposal should be read in conjunction with the JLT Canada "Business Protocols" booklet. DUTY OF DISCLOSURE In addition to providing all basic information necessary to enable us to place the risk, you must ensure that you are complying with your legal duty of disclosure of all material matters relating to the risk. In particular, you must satisfy yourself as to the accuracy and completeness of the information you provide to insurers. In this respect, you must provide all information relating to the risk, whether favorable or not, which would influence the judgement of a prudent insurer in determining whether he will take the risk, and, if so, for what premium and on what terms. If all such information is not disclosed by you, insurers have the right to void the policy from its inception which may lead to claims not being paid. PAYMENT TERMS Premiums are due and payable on receipt of a JLT invoice. Payment should be made immediately to avoid any possible cancellation for non-payment of premium. PERIOD OF VALIDITY OF QUOTE This offer remains open for acceptance by the Insured until the expiry of the current Municipal Insurance program policy (ies). BREACH OF WARRANTY OR SUBJECTIVITY If any of the terms and conditions contained in this proposal are identified as a "warranty" or as a subjectivity to binding or continuing cover,. you should be aware that if the terms of the warranty as stated are breached or the subjectivity is not met, insurers may have the right to void the applicable coverage and deny any resulting or subsequent losses as a result. UNDERINSURANCE It is important that all policy limits and amounts insured be reviewed carefully and at least annually to be certain they are adequate to provide full recovery in event of a loss. UNDERWRITING 1 BINDING AUTHORITY Certain portions of this quotation of cover have been provided by JLT acting in an underwriting capacity on behalf of the Insurer who, under a binding authority agreement, has given us authority to quote and confirm insuring terms, conditions and premiums. JLT Canada is not acting as an insurance broker in this instance and is not providing alternative terms or markets for the cover other than as quoted. For covers where JLT does not act in an underwriting capacity nor has a binding authority agreement with the insurer, coverage cannot be bound with those Insurers unless a request is made to the [nsurer and confirmation of coverage is subsequently received by JLT Canada from the Insurer. MATERIAL CHANGES FROM EXPIRING POLICY You should carefully note any items identified in the "Changes from Expiry" section under each coverage as they represent material changes in cover from your previous policy. Page 2 of 20 76 Jardine Lloyd Thompson Canada Inc. =i JLT RISK AND CLAIMS INFORMATION This proposal has been based on the risk and claims information provided and/or verified by you to JLT. If any of this information is not correct or has changed in the interim, you must advise us immediately as the terms quoted may therefore be invalid and cover cannot be bound as quoted. TAXES PAYABLE BY INSUREDS: 77 The following taxes as prescribed by federal and/or local laws and regulations will apply to all or certain portions of the premiums quoted and will be charged by JLT in addition to the premiums quoted: Provincial Sales Tax Page 3 of 20 Jardine Lloyd Thompson Canada Inc. 4JLT SUMMARY OF COVERAGE, LIMITS AND DEDUCTIBLES Name of Insured: Corporation of the City of Pickering Policy Period: January 1, 2019 to January 1, 2020 12:01 a.m. local time at the mailing address of the Named Insured CANADIAN COUNCILS LIABILITY LIMIT OF LIABILITY General Liability (including Sudden And Accidental Pollution): $ 5,000,000 any one Occurrence and in the Annual • Aggregate for Products and Completed Operations during the Policy Period EXTENSIONS OF COVERAGE Extension Limit Employers' Liability $ 5,000,000 any one Claim Tenant Legal Liability $ 5,000,000 any one Occurrence Employee Benefit Liability $ 5,000,000 any one Claim Incidental Medical Malpractice Retro Date: November 15, 1993 $ 5,000,000 any one Claim Voluntary Medical Payments $ 50,000 any one Claim and in the Annual Aggregate during the Policy Period Forest Fire Fighting Expense $ 2,000,000 any one Occurrence and in the Annual Aggregate during the Policy Period Voluntary Payment for Property Damage $ 50,000 any one Occurrence and in the Annual Aggregate during the Policy Period Incidental Garage Operations $ 250,000 any one Occurrence and in the Annual Aggregate during the Policy Period Municipal Marina Legal Liability $ 100,000 any one Pleasure Craft $ 1,000,000 in the Annual Aggregate for Legal Liability for . Property Damage during the Policy Period Wrongful Dismissal (Legal Expense) $ 500,000 any one Claim and in the Annual Aggregate during the Policy Period Conflict of [nterest Reimbursement Expenses $ 100,000 any one Claim Legal Expense Reimbursement Expenses $ 100,000 any one Claim $ 500,000 in the Annual Aggregate Page 4 of 20 7$ Jardine Lloyd Thompson Canada Inc. LT CANADIAN COUNCILS LIABILITY Nan -Owned Automobile (including Contractual Liability for Hired Autos) $ 5,000,000 any one Occurrence Legal Liability for Damage to Hired Autos $ 250,000 any one Occurrence Wrap-up Liability — Difference in Conditions and Difference in Limits $ 5,000,000 any one Occurrence ENDORSEMENTS Endorsement Limit Municipal Errors and Omissions Liability Retroactive Date: Unlimited $ 5,000,000 any one Claim and in the Annual Aggregate during the Policy Period Environmental Impairment Liability Retroactive Date: Unlimited $ 2,500,000 any one Claim and $ 5,000,000 in the Annual Aggregate during the Policy Period Abuse / Molestation Liability Retroactive Date: January 1, 2014 $ 250,000 any one Claim and $ 500,000 in the Annual Aggregate during the Policy Period Voluntary Compensation As per Endorsement No. 4 — Schedule of Benefits Police Officer Assault $ 5,000,000 any one Occurrence DEDUCTIBLE(S) Applicable Coverage Deductible Public Entity General Liability $ 100,000 per Occurrence except per Claimant in respect of Sewer Backup Extensions of Coverage $ 100,000 per Occurrence / per Claimant for all Extensions of Coverage except: $NIL with respect to Non - Owned Automobile Liability, Conflict of Interest and Legal Expense Reimbursement, and Voluntary Compensation; $ 1,000 with respect to Legal Liability for Damage to Hired Autos $ 5,000 with respect to Wrongful Dismissal (Legal Expense) $ 5,000 with respect to Checkroom Liability per Claim Municipal Errors and Omissions Liability $ 100,000 per Claim Environmental Impairment Liability $ 100,000 per Claim Abuse / Molestation Liability $ 100,000 per Claim Police Officer Assault $ 100,000 per Occurrence 79 Page 5 of 20 Jardine Lloyd Thompson Canada Inc. LT CANADIAN COUNCILS LIABILITY ENDORSEMENTS 3 Year Long Term Agreement Primary CAD 5,000,000 / CAD 100,000 Deductible The policy will be renewed annually for a period of three years expiring on 01 January 2020 on the existing terms and conditions with the premiums due in advance. 01 January 2017 to 01 January 2018 01 January 2018 to 01 January 2019 01 January 2019 to 01 January 2020 However terms and conditions may be reviewed 60 days prior to annual renewal if any of the following apply: • Pertinent changes in reinsurance cover • there is an increase of 15% or more in population numbers • there are legislative changes that may impact upon the value or frequency of claims against the policy • there is a change in the exposure of the insured (as per the business description) or; • the value of Incurred Claims exceeds 40% of net premium (excluding Taxes) for any one Period of Insurance to which this agreement relates. • there has been significant adverse development on historical loss record in any of the prior 7 policy years whereby Incurred Claims exceed 50% of the Net Premium. The term "Incurred Claims" means the total cost of claims including actual claim payments (including medical, legal and other costs and expenses) and reserves set by the Insurers on outstanding claims (also including such costs and expenses). "Net Premium" means the premium received by the Insurers net of tax and any commissions or other deductions. All other terms and conditions remain unaltered. POLICY FORM EK1601219000 (2016) UMR B0901EK1802697000 INSURER(S) AND PROPORTION OF PARTICIPATION(S) ' Certain Lloyd's Underwriters (Syndicate 1886) — 100% SUBJECT TO Terms will remain as indicated subject to no claims deterioration as of January 1, 2019 Page 6 of 20 80 Jardine Lloyd Thompson Canada Inc. 4JLT CANADIAN COUNCILS UMBRELLA LIABILITY LIMITS OF LIABILITY $ 45,000,000 any one Occurrence $ 45,000,000 in the Annual Aggregate in respect of Products & Completed Operations $ 45,000,000 in the Annual Aggregate in respect of Municipal Errors and Omissions Liability $ 45,000,000 in the Annual Aggregate in respect of Employee Benefits Liability EXCESS OF UNDERLYING COVERAGE(S) AND LIMIT(S) Underlying Coverage Underlying Limit General Liability $ 5,000,000 any one Occurrence Incidental Medical Malpractice $ 5,000,000 any one Claim Non -Owned Automobile Liability $ 5,000,000 any one Occurrence Municipal Errors & • Omissions Liability $ 5,000,000 any one Claim Owned Automobile Liability $ 5,000,000 any one Occurrence Garage Automobile Liability $ 5,000,000 any one Occurrence Employee Benefits Liability $ 5,000,000 any one Claim RETAINED LIMIT $ Nil ENDORSEMENTS Endorsement #1 - Standard Excess Automobile Liability Policy SPF No. 7 Follow Form Named Insured POLICY FORM EK1601216000 (2016) UMR B0901EK1802696000 INSURER(S) AND PROPORTION OF PARTICIPATION(S) Certain Lloyd's Underwriters (Syndicate 1886) — 100% SUBJECT TO Terms will remain as indicated subject to no claims deterioration as of January 1, 2019 81 Page 7 of 20. Jardine Lloyd Thompson Canada Inc. .,� JLT COMBINED PHYSICAL DAMAGE & MACHINERY BREAKDOWN COVERAGE Property Of Every Description — All Risks of Direct Physical Loss or Damage (Subject to Policy Exclusions) LIMITS $208,679,887 Limit of Loss on Blanket Property of Every Description including Machinery Breakdown $ 1,659,900 Computer/ Electronic Data Processing (Included in Blanket Limit) $ 2,584,500 Business Interruption — Profits (Included in Blanket Limit) $ 2,773,327 Bridges (Not Included in Blanket Limit) EXTENSIONS OF COVERAGE The Limits shown below are included in the Blanket Limit shown above: Extension Limit Valuable Papers • $ 500,000 Extra Expense $ 1,000,000 Accounts Receivable $ 500,000 Gross Rentals $ 500,000 Computer Media $ 500,000 Fine Arts (Agreed Value) $ 25,000 The Limits shown below are in addition to the Blanket Limit shown above: Extension Limit Newly Acquired Property $ 1,000,000 Buildings in the Course of Construction $ 1,000,000 Property in Transit $ 500,000 Unnamed Locations $ 1,000,000 Expediting Expense $ 500,000 Contingent Business Interruption $ 1,000,000 Fire Extinguishing Materials and Fire Fighting Expense $ 100,000 Professional Fees $ 500,000 Hacking Event or Computer Virus attack — any one Random Attack or Any One Specific Attack, any one event or total Toss in a policy year for the combined total loss or damage $ 100,000 EXTENSIONS OF COVERAGE CONTINUED The Limits shown below are in addition to the Blanket Limit shown above: Extension Limit Master Key $ 10,000 Land and Water Pollution Clean Up Expense $ 100,000 Page 8 of 20 82 Jardine Lloyd Thompson Canada Inc. j LT COMBINED PHYSICAL DAMAGE & MACHINERY BREAKDOWN Stock Spoilage $ 100,000 Consequential Damage $ 100,000 Off Premises Service Interruption $ 1,000,000 Exhibition Floater $ 100,000 Ammonia Contamination $ 500,000 Water Escape $ 500,000 Hazardous Substance $ 500,000 Property of Councillors', Board Members' and Employees' $ 5,000 any one loss ($25,000 maximum annual policy limit) ENDORSEMENTS Automobile Replacement Cost Deficiency Endorsement DEDUCTIBLE(S) $ 25,000 each Occurrence for All Losses except: $ 25,000 each Flood Loss 5% of total loss or $100,000 minimum, whichever is greater, each Earthquake occurrence. $ 1,000 each Fine Arts Loss POLICY FORM Municipal Insurance Program - Master Policy (February 1, 2017) INSURER(S) AND PROPORTION OF PARTICIPATION(S) Physical Damage: Aviva Insurance Company of Canada -- 70% The Sovereign General Insurance Company -- 30% Machinery Breakdown: . Aviva Insurance Company of Canada — 100% 83 Page 9 of 20 Jardine Lloyd Thompson Canada [nc. �1 JLT SUBJECT TO 1. Schedule of property including Construction, Occupancy, Protection and Exposure information for all locations over $1,000,000 2. 911 addresses for all locations including postal codes 3. All cooking facilities are ULC wet chemical compliant with semi-annual maintenance contract and Class K portable extinguisher. 4. Unless specifically agreed, all heritage properties are covered for Replacement Cost only. For Heritage Replacement Cost, a professional appraisal must be provided for approval by the insurer. 5. All locations may be subject to Engineering Inspection. 6. Terms will remain as indicated subject to no claims deterioration as of January 1, 2019 Page 10 of 20 84 Jardine Lloyd Thompson Canada Inc. J LT COMPREHENSIVE CRIME LIMITS $ 1,000,000 Employee Dishonesty— Form A $ 200,000 Broad Form Loss of Money (Inside Premises) $ 200,000 Broad Form Loss of Money (Outside Premises) $ 200,000 Money Orders & Counterfeit Paper Currency $ 1,000,000 Depositors Forgery $ 200,000 Professional Fees / Audit Expenses $ 200,000 Computer Fraud or Funds Transfer Fraud DEDUCTIBLE $Nil per Loss POLICY FORM Master Crime Wording (Apr. 2012) 1NSURER(S) AND PROPORTION OF PARTICIPATION(S) Aviva Insurance Company of Canada — 100% . SUBJECT TO Important: 1. Bank Accounts NOT being reconciled by the same person(s) authorized to deposit and withdraw funds. 2. All cheque requisitions and issued cheques containing dual signatures. If the above is not part of your internal Financial controls, please provide explanation(s). 3. Terms will remain as indicated subject to no claims deterioration as of January 1, 2019 85 Page 11 of 20 Jardine Lloyd Thompson Canada Inc. J LT AUTOMOBILE INSURANCE (ONTARIO) COVERAGE APPLICABLE Liability — Bodily Injury 1 Property Damage Limit: $5,000,000 Deductible: $ Nil Accident Benefits — Basic Benefits Limit as stated in Policy Uninsured Automobile Limit as stated in Policy Direct Compensation -- Property Damage Limit as stated in Policy Deductible: $ Nil Loss or Damage — All Perils Deductible: $ 10,000 ENDORSEMENTS Notice of Cancellation Ninety (90) Days OPCF 43R Removing Depreciation Deduction- 24 OPCF 20 Loss Of Use — Applicable to Light Units OPCF 2113 Blanket Fleet Endorsement — No Annual OPCF 31 Non -Owned Equipment OPCF 24 Freezing of Fire -Fighting Apparatus OPCF 44 Family Protection Endorsement: (Applicable only to Private Passenger Vehicles, Light Skidoos and All Terrain Vehicles, and Police Vehicles) Additional Endorsements: Months New Adjustment Commercial Vehicles, • Drivers OPCF 3 Drive Government Automobiles OPCF 4A Permission to Carry Explosives OPCF 413 Permission to Carry Radioactive Material OPCF 5 Permission to Rent or Lease OPCF 32 Use of Recreational Vehicles by Unlicensed Tarmac Exclusion POLICY FORM Provincial Statutory Owner's Policy INSURER(S) AND PROPORTION OF PARTICIPATION(S) Aviva Insurance Company of Canada — 100% SUBJECT TO Terms will remain as indicated subject to no claims deterioration as of January 1, 2019 Page 12 of 20 86 87 Jardine Lloyd Thompson Canada Inc. $JLT GARAGE AUTOMOBILE (ONTARIO) LIMITS OF COVERAGE Section 1 $5,000,000 Third Party Liability Inclusive -Limit Section 2 Accident Benefits — Included Section 3 Uninsured Automobile — Included Section 4 Direct Compensation Property Damage — Included Section 5 Liability Damage to Customer's Automobile Collision — Limit any One Automobile $200,000 Deductible: $500 Specified Perils — Limit of Liability - Any One Occurrence $300,000 Deductible: $500 ENDORSEMENTSOEF OEF 71 Excluding Owned Automobiles Endorsement 77 Comprehensive Damage to Customer's Automobiles including Open Lot Theft OEF 81 Garage Family Protection Endorsement POLICY FORM Provincial Statutory Garage Automobile Policy OAP 4 INSURER(S) AND PROPORTION OF PARTICIPATION(S) Aviva Insurance Company of Canada — 100% SUBJECT TO Terms will remain as indicated subject to no claims deterioration as of effective date January 1, 2019 Page 13 of 20 Jardine Lloyd Thompson Canada Inc. J LT COUNCIL ACCIDENT COVERAGE LIMITS OF COVERAGE $ 250,000 Principal Sum INCLUDED COVERAGE Number of Insured Persons: Six (6) Councillors and One (1) other 24 Hour Coverage POLICY FORM Insurer's Standard Form INSURER(S) AND PROPORTION OF PARTICIPATION(S) AIG Insurance Company of Canada — 100% SUBJECT TO 1. $2,500,000 Aggregate Limit of Indemnity Per Accident 2. Terms will remain as indicated subject to no claims deterioration as of January 1, 2019 MUNICIPAL VOLUNTEERS ACCIDENT COVERAGE LIMITS OF COVERAGE $ 50,000 Principal Sum — Volunteers of the Policyholder While on Duty Only under the age of 80 POLICY FORM Insurers Standard Form INSURER(S) AND PROPORTION OF PARTICIPATION(S) AIG Insurance Company of Canada — 100% SUBJECT TO 1. $1,000,000 Aggregate Limit of Indemnity Per Accident 2. Terms will remain as indicated subject to no claims deterioration as of January 1, 2019 Page 14 of 20 88 Jardine Lloyd Thompson Canada Inc. $ijLT MUNICIPAL CYBER LIABILITY INCIDENT RESPONSE COSTS Limit of liability: CAD1,000,000 each and every claim Deductible: CADO each and every claim LEGAL AND REGULATORY COSTS Limit of liability: CAD1,000,000 each and every claim IT SECURITY AND FORENSIC COSTS Limit of liability: CAD1,000,000 each and every claim CYBER INCIDENT CRISIS COMMUNICATION COSTS RESPONSE Limit of [lability: CAD1,000,000 each and every claim PRIVACY BREACH MANAGEMENT COSTS Limit of liability: CAD1,000,000 each and every claim THIRD PARTY PRIVACY BREACH MANAGEMENT COSTS Limit of liability: CAD1,000,000 each and every claim POST BREACH REMEDIATION COSTS Limit of liability: CAD5O,000 subject to a maximum of 10% of all sums paid as a direct result of the cyber event, each and every claim FUNDS TRANSFER FRAUD Limit of liability: CAD25O,000 each and every claim THEFT OF FUNDS HELD IN ESCROW Limit of liability: CAD25O,000 each and every claim THEFT OF PERSONAL FUNDS Limit of liability: CAD25O,000 each and every claim EXTORTION CYBER CRIME Limit of liability: CAD1,000,000 each and every claim CORPORATE IDENTITY THEFT Limit of liability: CAD250,000 each and every claim TELEPHONE HACKING Limit of liability: CAD250,000 each and every claim PHISHING Limit of liability: CAD5O,000 each and every claim Page 15 of 20 89 Jardine Lloyd Thompson Canada Inc. J LT MUNICIPAL CYBER LIABILITY SYSTEM DAMAGE AND BUSINESS INTERRUPTION SYSTEM DAMAGE AND RECTIFICATION COSTS Limit of liability: CAD1,000,000 each and every claim SYSTEM BUSINESS INTERRUPTION Limit of liability: CAD1,000,000'each and every claim CONSEQUENTIAL REPUTATIONAL HARM Limit of liability: CAD1,000,000 each and every claim LOSS ADJUSTMENT COSTS Limit of liability: CAD25,000 each and every claim NETWORK SECURITY & PRIVACY LIABILITY NETWORK SECURITY LIABILITY Aggregate limit of liability: CAD1,000,000 in the aggregate, including costs and expenses PRIVACY LIABILITY Aggregate limit of liability: CAD1,000,000 in the aggregate, including costs and expenses MANAGEMENT LIABILITY Aggregate limit of liability: CAD1,000,000 in the aggregate, including costs and expenses REGULATORY FINES Aggregate limit of liability: CAD1,000,000 in the aggregate, including costs and expenses PCI FINES, PENALTIES AND ASSESSMENTS Aggregate limit of liability: CAD1,000,000 in the aggregate, including costs and expenses MEDIA LIABILITY DEFAMATION Aggregate limit of liability: CAD1,000,000 in the aggregate, including costs and expenses INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT Aggregate limit of liability: CAD1,000,000 in the aggregate, including costs and expenses Page 16 of 20 90 Jardine Lloyd Thompson Canada Inc. �a1 JLT MUNICIPAL CYBER LIABILITY COURT ATTENDANCE COSTS Aggregate limit of liability: CAD100,000 in the aggregate, sub -limited to CAD2,000 per day ENDORSEMENTS JLT Amendatory Clause DEDUCTIBLE $25,000 Each and every claim except for $0 for Incident Response Costs $25,000 each and every claim, including costs and expenses for Network Security & Privacy Liability and Media Liability $0 for Court Attendance Costs POLICY FORM Insurers Standard Form INSURER(S) AND PROPORTION OF PARTICIPATION(S) CFC Underwriting Limited — 100% Page 17 of 20 91 Jardine Lloyd Thompson Canada Inc: JLT RISK MANAGEMENT ELECTED OFFICIAL, DIRECTORS AND DEPARTMENTAL SEMINARS Included AUTOMOBILE FLEET SERVICES Risk and Driver Assessment included Page 18 of 20 92 Jardine Lloyd Thompson Canada Inc. $JLT MUNICIPAL OPTIONS Automobile Insurance Accident Benefits: OPTION A. Medical & Rehabilitation (Non -Catastrophic) increase Limit $130,000 - Annual Additional $838 OPTION B. Catastrophic [njury — Med Rehab and Attendant Care increase Limit from $1,000,000 to $2,000,000 - Annual Additional $584 OPTION C. Medical Rehab and Attendant Care increase Limit from $1,000,000 to $2,000,000 - Annual Additional $1,676 Caregiver Benefit Limit up to $250 per week plus $50 each additional dependant - Housekeeping and Home Maintenance — Limit up to $100 per week up to 2 Years - Non -Catastrophic Impairment -Annual Additional $1,876 Income Replacement Limit (choose amount) $6001$8001$1,000 Annual Additional $9,100f$18,2001$27,300 Death and Funeral Benefits $50,000 Lump sum to an eligible spouse; $20,000 lump sum to each dependant; maximum $8,000 for funeral benefits - Annual Additional $1,950 Dependant Care up to $75 per week for the first dependant and $25 per week for each additional dependant to a maximum $150 per week Annual Additional $3,250 Indexation Benefit—Annual Adjustment according to the Consumer Price Index for Canada - Annual Additional $7,800 Added Coverage to Offset Tort Deductible — OPCF 48 Total Annual Additional Premium — $1,552 Out of Province Emergency Medical Based on Seventeen (17) Members — under the age of 80 —Annual Additional $1,020 To increase the Trip Duration from 15 days to 30 days — Annual Additional $1,190 Public Entity Recovery Assistance Plan (Critical Illness) Based on Seventeen (17) of Members — age 69 or less $5,000 limit — Annual Additional $1,856 $10,000 limit — Annual Additional $2,903 Volunteer Accident Remove Age Restriction of 80 — Annual Additional $250 Page 19 of 20 93 Jardine Lloyd Thompson Canada Inc. Page 20 of 20 LT 94 Vii: 4 -- PICKER] HG Report to Council Report Number: FIN 26-18 Date: December 10, 2018 From: Stan Karwowski Director, Finance & Treasurer Subject: City Policy —Accounting for Tangible Capital Assets - Revision Recommendation: 1. That Report FIN 26-18 of the Director, Finance & Treasurer regarding revisions to the Accounting for Tangible Capital Assets Policy (FIN 050) be received; 2. That Council approve the revisions to the Accounting for Tangible Capital Assets Policy; and 3.. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: Council approved the Accounting for Tangible Capital Assets Policy in Report CS 02-10 (February 16, 2010). The Policy has been in use for an 8 year period and now necessitates a revision to reflect the years of experience and best practices. Financial implications: While there are no immediate direct identifiable financial implications associated with the adoption of this report and revisions to the attached policy, in the long-term it will impact the City's business practices regarding the maintenance of its capital asset infrastructure. These changes will lead to changes in future budgets. Furthermore, these revisions will prove to be of great assistance in the management of the City's assets, including eventual replacement. Discussion: Asset Management builds on the Public Sector Account Board (PSAB) standard PS 3150, which requires municipal governments to account and report on their Tangible Capital Assets (TCA). TCA for municipalities mainly consists of buildings, roads, bridges and vehicles, and this information is reflected in Note 10 of the annual financial statements. Note 10 on the financial statements reflects the gross cost, the accumulated depreciation and the net book value for each asset category. The purpose of this note is to inform financial statement readers of the accounting and or financial position of the City's assets. The 2017 financial statement Note 10 states that the City has consumed 48.2 per cent of the assets total life. During the course of 2016 and 2017, City staff worked diligently on draft Asset Management Plans to better understand the requirements as well as highlight any areas of concern in the City's capital asset data. As a result, adjustments were required to the City's capitalization thresholds 95 Report FIN 26-18 December 10, 2018 Subject: City Policy -- Accounting for Tangible Capital Assets - Revision Page 2 and useful lives. In addition, after 8 years of TCA accounting, other areas of the Policy were adjusted to better reflect current practices. Attachments: 1. City Policy — Accounting for Tangible Capital Assets - Revised Prepared By: ie S. Robertson Senior Financial Analyst SK:jsr Approved/Endorsed By: Stan Karwowski Director, Finance & Treasurer Recommended for the consideration of Pickering Cit Council Tony Prevedel, P.Eng. Chief Administrative Officer 96 —Cdy Od P1CKE RING ATTACHMENT 7 l T l REPORT ir,-tEd, a4,-17 Policy Procedure Title: Strategic Asset Management Policy • Policy Number FIN 080 Reference Date Originated Date Revised (mldly) Pages Infrastructure for Jobs and (mldly) 7 Prosperity Act, 2015, June 25, 2018 Ontario Regulation 588/17 FIN 050 Accounting for Tangible - Assets Policy , Report FIN 1618. Resolution 455118 - (Council Meeting -- June 25, 2018) Approval: Chief inis - eve Officer Point of Contact Senior Financial Analyst, Finance ''if 4 Policy Objective The objective of this policy is to provide leadership and commitment to the development and implementation of the City of Pickering's asset management program. It is intended to guide the consistent use of asset management across the organization, to facilitate logical and evidence -based decision-making for the management of municipal infrastructure assets and to support the delivery of sustainable community services now and in the future. By using sound asset management practices, the City will endeavour to ensure that all municipal infrastructure assets meet, through best efforts, performance levels and continue to provide desired service levels in the most efficient and effective manner. • This policy demonstrates an organization -wide commitment to the good stewardship of municipal infrastructure assets, and to improved accountability and transparency to the community through the adoption of best practices regarding asset management planning. Index 01 Definitions 02 Background • 03 Procedures 04 Roles and Responsibilities 05 Authority 97 06 Scope 07 Principles 08 Alignment with the City's Strategic Direction 01 Definitions 01.01 Asset Management (AM) -- the coordinated activity of an organization to realize value from assets. It considers all asset types, and includes all activities involved in the asset's lifecycle from planning and acquisition/creation; to operational and maintenance activities, rehabilitation, and renewal; to replacement or disposal and any remaining liabilities. Asset Management is holistic and normally involves balancing costs, risks, opportunities and performance benefits to achieve the total lowest lifecycle cost for each asset. - 01.02 Asset Management Information System - a combination of processes, data, software, and hardware applied to provide the essential outputs for effective Asset Management such as reduced risk and optimum infrastructure investment. 01.03 Asset Management Plan (AMP) - documented information that specifies the activities, resources, and timescales required for an individual asset, or a grouping of assets, to achieve the organization's Asset Management objectives. 01.04 Capitalization Threshold - the value of a municipal infrastructure asset at or above which a municipality will capitalize the value of it. If below, the municipality will expense the value of it. 01.05 Level of Service - parameters, or combination of parameters, which reflect social, political, environmental and economic outcomes that the.organization delivers. Parameters can include, but are not necessarily limited to, safety, customer satisfaction, quality, quantity, capacity, reliability, responsiveness, environmental acceptability, cost, and availability. 01.06 Lifecycle Activities - activities undertaken with respect to a municipal - Infrastructure .asset over its service life, including constructing, maintaining, renewing, operating and decommissioning, and ail engineering and design work associated with those activities. 01.07 Municipal Infrastructure Asset (MIA) - an infrastructure asset directly owned by a municipality or included on the consolidated financial statements of a municipality, but does not include an infrastructure asset that is managed by a joint municipal water board. Policy Title: Strategic Asset Management Policy Policy Number: FIN 080 Page 2 of 7 98 02 Background 02,01 Asset Management (AM) has been an ongoing practice at the Citysince the development of Section 3150 of the Public Sector Accounting Board (PSAB) Handbook in 2009. At the City, Finance staff, with the assistance of other department staff, have worked continuously towards the development and maintenance of a comprehensive and accurate inventory of all MIAs that serves as a strong foundation for long-term financial planning and budgeting. This policy will ensure that all of the, work that has been put into the development of the City's•MIA inventory is leveraged to optimize investment and the sustainability of municipal infrastructure, 02.02 The City is responsible for providing a range of services to the community, • including transportation networks, stormwater management, parks and facilities, To deliver these services, it owns and manages a diverse MIA portfolio of roads, bridges, culverts, parks and facilities, As the social, economic, and environmental wellbeing.of the community depends on the reliable performance of these MIAs, it.is critical to implement a systemic, sustainable approach to their management. 02.03 AM is such an approach, and refers to the set of policies, practices and procedures that allow an organization to realize maximum value from its MIAs, An AM approach allows organizations to make informed decisions regarding the planning, building, operating, maintaining, renewing, replacing and disposing of MIAs through a wide range of lifecycle activities, Furthermore, it is an 'organization -wide process that involves the coordination of activities across multiple departments and service areas. As such, it is useful to adopt a structured and coordinated approach to outlining the activities, roles and responsibilities required of corporate staff, as well as the key principles that should guide all AM decision-making. 02.04 A comprehensive and holistic AM approach will support cost efficient and cost effective delivery of expected levels of service and ensure that due regard and process are applied to the long-term management and stewardship of all MIAs. In addition, it will align the City with provincial standards and regulations such as the Infrastructure for Jobs and Prosperity Act, 2015, Ontario Regulation 588/17, or other current provincial legislation, enabling the organization to take full advantage of available grant funding opportunities. 02,05 The development, support and maintenance of an AM program requires the ongoing use of an organization -wide suite of software modules. This Asset Management Information System should include at a minimum a digital asset register, a geographic information system, and a financial management system. 02.06 The approval of this policy is an important step towards integrating the City's priorities with its AM program, and ensuring that critical MIAs and vital .services are maintained, and provided to the community in a safe, reliable, sustainable manner. Policy Title: Strategic Asset Management Policy 9 9 Policy Number: FIN 080 Page 3 of 7 03 Procedures 03.01 The City will implement an AM program throughout all departments. The program will promote lifecycle and risk management of all MIAs, with the goal of achieving the lowest total cost of ownership while meeting desired levels of service. 03.02 The City will implement best practices regarding AM planning, including: a) Complete and Accurate Asset Data b) Condition Assessment Protocols c) Risk and Criticality Models d) Lifecycle Strategy Development e) Financial Strategy Development f) Level of Service Framework 03.03 The City, through best efforts, will maintain an'asset inventory of all MIAs which includes unique ID, description, location information, value (both historical and replacement), performance characteristics and/or condition, estimated remaining life and estimated repair, rehabilitation or replacement date; and estimated repair, rehabilitation or replacement costs, wherever possible. Reliable, consistent, and current assetcondition data and costing is fundamental to a comprehensive and sustainable AMR 03.04 The City will develop an AMP that incorporates all infrastructure categories and MIAs that meet the capitalization thresholds outlined in the organization's Accounting for Tangible Capital Assets Policy, as updated. 03.05 The AMP will be updated at least every five years in accordance with 0. Reg. 588/17 requirements, or current provincial legislation, to promote, document and communicate continuous improvement of the AM program. 03.06 The City, through best efforts, will integrate AMPs and practices with its long- term financial planning and budgeting strategies. 03.07 The City will explore innovative funding and service delivery opportunities, including but not -limited to grant programs, Public -Private Partnerships (P3), Alternative Financing and Procurement (AFP) approaches, and shared provision of services, as appropriate. 03,08 The City, through best efforts, will develop meaningful performance metrics and reporting tools. 03.09 The City, through best efforts, will consider the risks and vulnerabilities of MIAs to climate change and the actions that maybe required including, but not limited to, anticipated•costs that could arise from these impacts, adaptation opportunities, mitigation approaches, disaster planning and contingency Policy Title: Strategic Asset Management Policy Policy Number: FIN 080 Page 4 of 7 100 funding, Impacts may include matters relating to operations, levels of service and lifecycle management. 03.10 The City will align all AM planning with the Province of Ontario's land -use planning framework, including any relevant policy statements issued under section 3(1) of the Planning Act; shall conform with the provincial plans that are in effect on that date; and, shall be consistent with all municipal official plans, 03.11 The City will coordinate planning for interrelated MIAs with separate ownership structures by pursuing collaborative opportunities with neighbouring municipalities and jointly -owned municipal bodies wherever viable and beneficial. 03.12 The City will develop processes and provide opportunities for residents, stakeholders, and other interested parties to offer input into AM planning through the annual budget process. 04 Roles and Responsibilities 04.01 Council: a) Approve and support this policy; b) Maintain adequate organizational capacity to support the.core practices of the AM program; and c) Prioritize effective stewardship of assets in adoption and ongoing review of policy and budgets. 04,02 Director, Finance & Treasurer: a) Development of policy, and updates as required; b) Provide corporate oversight to goals and directions and ensure the AM program aligns with the City's strategic priorities; and c) Ensure that adequate resources are available to implement and maintain . core AM practices. 04.03 Senior Management Team: a) Provide departmental staff coordination; b) Establish and monitor levels of service; and c) Track, analyze and report on AM program progress and results. Policy Title:. Strategic Asset Management Policy Page 5 of 7 •1 QPolicy Number: FIN 080 04.04 Senior Financial Analyst a) Development of policy, and updates as required; b) Provide organization -wide leadership in AM practices and concepts; c) Provide departmental staff coordination; d) Establish and monitor levels of service; and e) Coordinate and track AM program implementation and progress. 04,05 Departmental Staff: a) Utilize any business processes and technology tools for the AM program; b) Participate in implementation task teams to carry -out AM activities; and c) Establish and monitor levels of service. 05 Authority This policy shall be administered by the Finance Department, and the Treasurer shall have the authority to interpret any provisions in this policy necessary for the good and efficient conduct and business of the City. Any changes shall be approved by Council. 06 Scope This policy applies to all operations of the City including any Agencies, Boards and Commissions. It applies to the Pickering Public Library to the extent that it does not conflict with the role of the Board or Chief Executive Officer under the Public Libraries Act. 07 Principles 07.01 The City shall consider the following principles as outlined in section 3 of the Infrastructure for Jobs and Prosperity Act, 2015, when making decisions regarding AM: a) Infrastructure planning and investment should take a long-term view; b) Infrastructure planning and investment should take into account any applicable budgets, fiscal restraints and fiscal plans; c) Infrastructure priorities should be clearly identified in order to better inform investment decisions respecting infrastructure; d) Infrastructure planning and investment should ensure the continued provision of core public services; Policy Title: Strategic Asset Management Policy Policy Number: FIN 080 Page 6 of 7 102 e) Infrastructure planning and, investment should promote economic competitiveness and productivity; f) Infrastructure planning and investment should ensure that the health and safety of workers involved in the construction and maintenance of infrastructure assets is protected; g) Infrastructure planning and investment should foster innovation by creating opportunities to make use of innovative technologies, services and practices; • h) Infrastructure planning and investment should be evidence based and transparent, and, subject to any restrictions or prohibitions under an Act or otherwise by law on the collection, use or disclosure of information; i) Information with implications for infrastructure planning should be shared between the City and broader public sector entities, and should factor into investment decisions respecting infrastructure; j) Whore provincial or municipal plans or strategies have been established in Ontario, under an Act or otherwise, but do not bind or apply to the City, as the case may be, the City should nevertheless be mindful of those plans and strategies and make investment decisions respecting infrastructure that support them, to the extent that they are relevant,; k) infrastructure planning and investment should promote accessibility for persons with disabilities; Infrastructure planning and investment should consider the impact of infrastructure on the environment; m) Infrastructure planning and investment should endeavor to make use of acceptable recycled aggregates; and n) Infrastructure planning and investment should promote community benefits, being the supplementary social and economic benefits arising from an infrastructure project that are intended to improve the well-being of a community affected by the project. 08 Alignment with the City's Strategic Direction AM planning should endeavour to align with the strategic business objectives of the City and should be reviewed regularly to ensure that it aligns with the changing and emerging strategic goals and priorities of the organization. Please refer to all associated Policies, Procedures and Standard Operating Procedures, if applicable, for detailed processes regarding this Policy. Policy Title: Strategic Asset Management Policy Page 7 of 7 p 103 olicy Number: FIN 080 P1c {ERS NG Report to Council Report Number: FIN 27-18 Date: December 10, 2018 From: Stan Karwowski Director, Finance & Treasurer Subject: Delegation of Authority for Certain Adjustments to the Property Taxes Recommendation: 1. That Report 27-18 of the Director, Finance & Treasurer regarding the delegation of authority for certain adjustments to property taxes be approved; 2. That the authority for tax matters under section 356, 357, 358, and 359 of the Municipal Act (the Act) be delegated to the Director, Finance & Treasurer; and 3. That the draft by-law attached to this report be enacted; and 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: This by-law is to give the Director, Finance & Treasurer the authority to process routine adjustments to property taxes in specific situations. Financial Implications: These tax adjustments are included in the yearly budget under the provision for reduction in taxes. There will be no significant financial change between the current and proposed proceedures. Discussion: Every year the Municipal Property Assessment Corporation produces assessments for all properties. The taxes are calculated using those assessments. On occasion an event happens after the assessments have been created and the taxes need to be adjusted (i.e. a demolition or a fire). Any owner may apply within certain time limits to have the property taxes adjusted for specific reasons that are detailed in the Act. 104 Report FIN 27-18 December 10, 2018 Subject: Delegation of Authority for Certain Adjustments to the Property Taxes Page 2 All adjustments under these sections will be created by a Tax Analyst, reviewed by the Supervisor, Taxation, and approved by the Director, Finance & Treasurer. For decisions made under sections 356, 357, and 359, applicants have the opportunity to appeal the decision to the Assessment Review Board if they disagree with the outcome. For decisions made under section 358, the decision is final. There is no recourse to appeal. Under the current procedures some customers can wait many months for their adjustment to be processed as we wait for an appropriate Council meeting. If approved, this delegation of authority will speed up the process allowing the City to better serve our residents and property owners. Attachments: 1. By-law to Delegate Authority to Staff for Certain Routine Tax Matters Prepared By: Mike Jones Supervisor, Taxation Approved/Endorsed By: Stan Karwowski Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer • , 2,016 105 ATTACHMENT #, TO REPORT#fifl jg The Corporation of the City of Pickering By-law No. /18 Being a by-law to delegate authority to staff for certain routine tax matters. Whereas section 23.1(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to delegate its powers and duties subject to certain restrictions; and Whereas the Council of The Corporation of the City of Pickering has deemed that certain routine administrative and legislative powers are of a minor nature, and the delegation of these powers would contribute to the efficient management of the City while still adhering to the principles of accountability and transparency. Now therefore, the Council of the Corporation of the City of Pickering hereby enacts as follows: 1. The following powers and duties are hereby delegated to the Director, Finance & Treasurer or his or her designate: a. the apportionment of taxes for a block of land divided into two or more parcels for taxation purposes (section 356 of the Municipal Act) b. the cancellation, reduction or refund of all or part of taxes levied on land in the year in respect of which an application is made if, i. as a result of a change event during the taxation year, the property or portion of the property is eligible to be reclassified in a different class of real property, and that class has a lower tax ratio for the taxation year than the class the property or portion of the property was in before the change event, and no supplementary assessment is made in respect of the change event under subsection 34 (2) of the Assessment Act; H. the land has become vacant land or excess land during the year or during the preceding year after the return of the assessment roll for the preceding year; iii. the land has become exempt from taxation during the year or during the preceding year after the return of the assessment roll for the preceding year; iv. during the year or during the preceding year after the return of the assessment roll, a building on the land, (a) was razed by fire, demolition or otherwise, or (b) was damaged by fire, demolition or otherwise so as to render it substantially unusable for the purposes for which it was used immediately prior to the damage; v. a mobile unit on the land was removed during the year or during the preceding year after the return of the assessment roll for the preceding year; 106 By-law No. Page 2 vi. a. person was overcharged due to a gross or manifest error that is clerical or factual in nature; or vii. repairs or renovations to the land prevented the normal use of the land for a period of at least three months during the year (section 357 of the Municipal Act). c. the cancellation, reduction or refund of all or part of the taxes levied on land in one or both of the two years preceding the year in which an application is made for any overcharge caused by a gross or manifest error in the preparation of the assessment roll that in the opinion of the Manager, Tax & Assessment is clerical or factual in nature (section 358 of the Municipal Act) d. increase the taxes levied on land in the year in respect of which an application is made to the extent of any undercharge caused by a gross or manifest error that in the opinion of the Manager, Tax & Assessment is a clerical or factual error (section 359 of the Municipal Act) 2. In addition to granting the Director, Finance & Treasurer this authority, City Council will retain the authority to approve tax adjustments under these sections. 3. If any section or portion of this by-law is found by a court of competent jurisdiction to be invalid, it is the intent of City Council that all remaining sections and portions of this by-law continue in full force and effect. 4. That this by-law is to come into effect on the 1st day of January, 2019. By-law passed this 10th day of December, 2018. David Ryan, Mayor Debbie Shields, Clerk 107 (/,y 1 (7 PCKERT Report to Council Report Number: FIR 03-18 Date: December 10, 2018 From: John Hagg Fire Chief Subject: Pre -2019 Capital Budget Approval New Fire Station and Headquarters Re -Design Consulting Fees File: A-1440 Recommendation: 1. That Council provide 2019 pre capital budget approval in the amount of $445,000.00 (net of HST) for the re -design of the Seaton and Headquarter Fire Station located on Zents Drive; 2. That Council approve the cancellation of the 2016 Seaton Fire Station design project and the residual funds of approximately $219,000.00 be returned to source; 3. That Council approve the award of architectural and engineering services to Thomas Brown Architects Inc. (TBA) for the Seaton Fire Station that now includes the new fire headquarters building to be located at the northwest corner of Brock Road and Zents Drive. The project scope includes the redesign and contract administration during construction in accordance with the City's Purchasing Policy (PUR 010) item 10.03(c); 4. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $445,000.00 as follows: a) The sum of $11,125.00 to be funded by a transfer from DC's — City's Share Reserve; b) The sung of $433,875.00 to be funded by a transfer from the Development Charges -- Protection Services Reserve Fund; and 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: In June 2016, Council authorized the award of architectural and engineering design services to Thomas Brown Architects Inc. (TBA) for the design of a new fire station on land owned by the City at the northwest corner of Brock Road and Zents Drive. A facilities condition assessment of Fire Station #5 at 1616 Bayly Street, completed in late 2017, determined the extent and cost of required repairs to the original fire station are not justifiable and that the station needs to be replaced. The City's existing fire headquarters building is attached to the north side of Fire Station #5, and relies on infrastructure fed from the station. Rather than maintaining its present location, new headquarters facilities will be included in the new fire station at Zents Drive. This location is geographically central to the future growth of 108 Report FIR 03-18 December 10, 2018 Subject: New Fire Station and Headquarters Re -Design Consulting Fees Pickering, including the Seaton lands, and will serve as a better location in the long-term. The Bayly Street site is extremely tight for space and can be challenging to access. TBA was selected through a competitive process in 2016, including pre -qualification to short list the best potential candidates. Designs completed to date can be significantly -re -used and adapted to accommodate the headquarters on a second floor. Selecting another design team would • require another request for proposal process, which would take until the end of 2018, and prevent construction start before 2020. It would also add considerable cost if another vendor were selected, as they would need to repeat work already done. By proceeding with TBA, the project could be tendered and commence construction as early as 2019. Financial Implications: 1. Proposal Amount Re -design cost HST (13%) Total Gross Project Cost $395,000.00 51,350.00 $446,350.00 2. Estimated Project Costing Summary Re -design cost Contingency Total Cost HST (13%) Total Gross Project Costs HST Rebate (11.24%) Total Net Project Costs $395,000.00 42,303.00 $437,303.00 56,849.00 $494,152.00 (49,152.00) $445,000.00 3. Approved Source of Funds 2019 Pre -Budget Approval Account Code 5340.1998.6999 Source of Funds DCs — City's Share Reserve DCs — Fire Protection Reserve Fund Pre -Budget Approval $11,125.00 433, 875.00 Total Funds $445,000.00 109 Report FIR 03-18 December 10, 20,18 Subject: New Fire Station and Headquarters Re -Design Consulting Fees Council approved report CR 09-16 authorized total funding of $333,773.00 (net HST), of which $115,000.00 has been spent to date. TBA has submitted a design cost of $395,000.00 plus HST. A contingency of $42,303.00 (--10%) has been allowed, for a total net project cost of $445,000.00. This growth related project will be funded at the funding ratio of the City's share 2.5% and Development Charges -Protective Services Reserve Fund 97.5%, as approved in the 2013 Development Charges Background Study. In 2018, the purchase order and costs incurred will be assigned with the 2019 pre -budget account 5340.1998.6999. Once the 2019 Capital Budget is approved, the purchase order and costs incurred will be re -allocated to the approved 2019 account. Discussion: On June 29, 2016, TBA was awarded the architectural and engineering design services for the design of a new two -bay, single -story fire station with a gross floor area of approximately 12,000 square feet. TBA had [argely completed the design work and were in the early stages of preparing construction documents when the decision was made to include a headquarters component to this location. Selecting a new design team could prevent re -use of the design work completed by TBA, unless they were again the successful proponents. A new design team would have to start fresh. This process would also delay design by several months, preventing tender in time to take advantage of the 2019 construction season and increase costs for both design and construction due to inflation. Growth in the Seaton lands continues at a fast pace and will gradually increase response times that can be achieved by Fire Services from existing stations. Completing the necessary design work for construction of a new fire station at Brock Road and Zents Drive will provide the City with the greatest potential flexibility for deciding when best to initiate construction. The headquarters building will add approximately 8,000 square feet to the size of the building — approximately 60% more than the previous station floor area --- and require slightly more land to accommodate additional parking. A third bay must be added to the apparatus floor to house the command vehicle required for the Platoon Chief, and an elevator will be required to provide barrier -free access to offices on the upper floor. Replacement of the headquarters building is inevitable, as the existing facility attached to Fire Station #5 will have to be replaced when that hall is replaced. Adding the headquarters to the Zents Drive station could reduce land requirements and costs for the eventual replacement of Fire Station #5, and will also position headquarters in.a geographically central location for faster response. Attachments: 1. Report CR 09-16 2. Resolution #178116 (RFP -6-2016) 3. Fee Proposal by Thomas Brown Architects Inc. 110 Report FIR 03-18 December 10, 2018 Subject: New Fire Station and Headquarters Re -Design Consulting Fees Prepared By: Vince Plouffe Manager, Facilities Capital Projects JH:jm Approved/Endorsed By: Stan Karwowski, CPA, CMA, MBA Director, Finance & Treasurer Johry lagg Fire Chief Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer ift is-, zee 111 City a4 Attachment# 1 to Report# FIR 03-18 Page 1 of 13 Report to Executive Committee Report Number: CR 09-16 Date: June 20, 2016 From: Marisa Carpino Director, Culture & Recreation Subject: Architectural & Engineering Consulting Services for the New Fire Hall to service Seaton - Request for Proposal No. RFP -6-2016 - File: A-1440 Recommendation: 1. That Proposal No. RFP -6-2016 submitted by Thomas Brown Architects in the amount of $310,750.00 (HST included) be accepted; 2 That the total gross project cost of $370,640.00 (HST included), including the amount of the proposal and other associated costs, and the total net project cost of $333,773.00 (net of HST rebate), be approved; a That Council authorize the Division Head, Finance & Treasurer to finance the net project cost of $333,773.00 as follows: a) The sum of $8,345.00 as provided for h the 2016 Capital Budget Fire Services to be funded by a transfer from DC's - City's Share Reserve; b) The sum of $325,428.00 to be funded by a transfer from Development Charges - Fire Protection Reserve Fund; and 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The City is planning the design and construction of a new Fire Hall on part of a 4 acre property owned by the City on the North West corner of Brock Road and Zents Drive n the City of Pickering. The new Fire Hall will serve the new Seaton developments. The approved 2016 capital budget included funds for the selection of Design Consultant Services to complete the Architectural & Engineering design of the new Fire Hall by the end of 2016. Four design consultants with the necessary experience were pre -qualified n April 2016 through Request for Proposal No. RFP -7-2016. Subsequently, the pre- qualified design consultants were invited to submit a proposal to Request for Proposal No. RFP -6-2016 for Architectural & Engineering Consulting Services of the New Fire Hall which closed on May 19, 2016. 112 113 Report CR 09-16 Attachment# 1 to Report# FIR 03-18 Page 2 of 13 Subject: Architectural & Engineering Consulting Services for the New Fire Hall to service Seaton June 20, 2016 Page 2 The proposal submitted by Thomas Brown Architects in the amount of $3 10,7 50.00 (HST included) is recommended for approval. The total gross project cost is estimated to be $3 7 0,640.00 and the total net project cost is estimated at $3 3 3 ,7 7 3 .00 (het of HST rebate). • Financial Implications: 1. Proposal Amount Proposal No. RFP -6-2016 HST (1 3 %) Total Gross Proposal Cost $27 5,000.00 35,750.00 531.0..750..00 2 • Estimated Project Costing Summary RFP -6-2016 Miscellaneous Costs Commissioning Contingency Total Cost HST (13 %) Total Gross Project Costs HST Rebate (11.24%) Total Net Project Costs $275,000.00 5,000.00 20,000.00 28,000.00 $3 28,000.00 42,640.00 $370,640.00 (36,867 .00) $333,773.00 3. Approved Source of Funds 2016 Caoital Budget - Fire Services Approved Code Source of Funds 5340.1602.643 0 DC's - City Share Reserve DC - Fire Protection Reserve Fund Total Funds Budg t $ 8,91 3.00 347 ,587 .00 $356,500.00 Required $ 8,345.00 3 25,428.00 $333.773.00 I Project Cost under (over) approved funds by (s22,121.00) 1 Report CR o 9-16 Attachment# 1 to Report# FIR 03-18 Page 3 of 13 Subject: Architectural & Engineering Consulting Services for the New Fire Hall to service Seaton June 2o , 2a 16 Page 3 Discussion: The City intends to add a new Fire Hall to service Seaton on a City owned site at the corner of Zents Drive and Brock Road. It is anticipated that the new facility will consist of a single -storey fire hall, with a building footprint of approximately 9, 0 0 o square feet. Facility features include: • Slab cn grade construction (no basement); • Apparatus bay to accommodate two interior tandem truck bays (up to 4 trucks) with drive-through capability; Accommodations for up to 8 full-time staff (2 crews of 4 firefighters each); Necessary spaces for offices, kitchen, fitness, locker rooms etc. to support an operational independent fire hall; Staff and visitor parking, and driveway configuration to provide access and sufficient space for the parking of vehicles at the front and rear of the building; • Emergency road access to Brock Road directly from the rear parking area; • Emergency generator; • Fenced accessory building for waste bins and exterior storage; • All required utilities, services, hard and soft landscaping, necessary for a functional and compliant site plan; and • The facility will comply with Post Disaster Design requirements. Construction is planned to be completed around 2o 19, subject to the pace of construction of the Seaton developments. Design will start h summer 2o 16 and be completed by the end of 20 16 to enable tendering, award and the start of construction h spring 2o 17, at the earliest. Request for Proposal No. RFP 7-2o 16 was prepared as a Pre -qualification of Architectural & Engineering Design Services - New Fire Hall fo service Seaton and advertised cn the City's website and closed on Thursday, March 3, 2o 16. Four design consultants were pre -qualified and subsequently invited to submit a proposal to Request for Proposal No. RFP -6-2o 16 Architectural & Engineering Consulting Services - New Fire Hall to service Seaton which closed on Thursday, May 19, 2o 16. Two of the pre- qualified consultants submitted a proposal.Thomas Brown Architects is the highest ranking proponent. The Health & Safety Policy, the current WSIB Workplace Injury Summary Report and Clearance Certificate, confirmation of Ministry of Labour, Health and Safety Awareness Training certificates for every worker and supervisor who will be working on this project, as submitted by Thomas Brown Architects, have been reviewed by the Coordinator, Human Resources and are deemed acceptable. The Certificate of insurance is deemed acceptable to Manager, Budgets & Internal Audit. h conjunction with the foregoing approvals, staff have reviewed the previous work experience of Thomas Brown Architects, the references provided and the proposal is deemed acceptable. 114 115 Report CR 09-16 Attachment# 1 to Report# FIR 03-18 Page 4 of 13 Subject: Architectural & Engineering Consulting Services for the New Fire Hall to service Seaton June 20, 2016 Page4 Upon careful examination of all proposals and relevant documents received, the Culture & Recreation Department recommends the acceptance of Proposal No. RFP -6-2016 submitted by Thomas Brown Architects n the amount of $310;750.00 (HST included) and that the total net project cost of $333,773.00 be approved. Attachments: 1. Supply & Services Memorandum dated May 31, 2016. 2. Location Map. Vince Plouffe Supervisor, Facilities Operations Brian Brian Id Manager, Facilities Operations era A. Fel. emacher Manager, Supply & Services BD:mc Approved/Endorsed By: Director, Culture & Recreation Stan Karwowski Division He d, Finance & Treasurer aJohn Hagg Fire Chief Recommended for the consideration of Pickering Cit . ouncil Tony Prevedel, P.Eng. Chief Administrative Officer Attachment# 1 to Report# FIR 03-18 Page 5 of 13 Memo To: From: Copy: Marisa Carpino Director, Culture & Recreation Vera A. Felgemacher Manager, Supply & Services Brian Duffield, Manager, Facilities Operations Supervisor, Supply & Services Subject: Proposal No. RFP -6-2016 Architectural & Engineering Consulting Services - New Fire Hall Closing Date: Thursday, May 19, 2016 - File: F-5300-001 May 31, 2016 Further to earlier memo dated May 31, 2016, two proposals proceeded to Stage llevaluation. The Evaluation Committee, consisting of City Staff from Culture & Recreation and Pickering Fire Services, conducted independent evaluations of the proposals. A summary of average scores were completed and a copy is attached. h accordance with Item 2.5 Stage IV - Cumulative Score, all scores from Stage 1 and Stage III have been added together, the proponents ranked based on their total scores, and may be selected to attend an interview n Stage M The Evaluation Committee has confirmed that the Stage V - Interview, will not be required. Thomas Brown Architects is the highest ranking proponent in the amount of $275,000.00 plus HST. The highest ranking proponent may be selected for contract negotiations. Please advise if this is required. A budget of $356,500.00 was provided to Supply & Services for this procurement. h accordance with Material Disclosures Item 6, as a pre -condition of award, the selected proponent - Thomas Brown Architects - will be required to provide the following documents for review. Please advise if we are to proceed with this task. (a) A copy of the Health and Safety Policy to be used on this project (currently dated and signed); (b) A copy of the current Workplace Injury Summary Report issued by Workplace Safety & insurance Board (in lieu of the Workplace Injury Summary Report document, a copy of the current CAD 7, NEER, or MAP reports may be submitted); (c) A copy of the current Clearance Certificate issued by Workplace Safety & Insurance Board; (d) Copies of Ontario Ministry of Labour, Health and Safety Awareness Training certificates for every worker and supervisor who will be working on this project; and 116 Attachment# 1 to Report# FIR 03-18 Page 6 of 13 (e) The City's.certificate of insurance or approved alternative form shall be completed by the Proponent's agent, broker or insurer • In accordance with Purchasing Policy Item 10.04, where written proposals are obtained by the. Manager in. accordance with procedures set out in Section 06 and funds are available in the approved budget; (c) An award over $50,000 is subject to the additional approval of Council. Please include the following items in_your Report to Council: 1. if Items (a) through•(d) noted above are acceptable to the Co-ordinator, Health & Safety or designate; 2. if Item (e) is acceptable to the Manager, Budgets & Internal Audit; 3. any past work experience with the highest ranking proponent Thomas Brown Architects including work location; 4. the appropriate account number(s) to which this work is to be charged; 5. the budget amount(s) assigned thereto; 6. Treasurer's confirmation of funding; .7. related departmental approvals; and 8. related comments specific to the project. Upon receiving Council's approval, an approved "on-line" requisition will be required to proceed. Do not disclose any information to enquiries during this time. The Proponent will be advised of the outcome in due course. further information, please feel free to contact me or a member of supply & !,quire VAF/sb attachments Request for Proposal No. RFP -6-2016 "Architectural & Engineering Consulting •Services - New Fire Ha11 • 117 .Page 2 of 2 Attachment# 1 to Report# FIR 03-18 Page 7 of 13 To: Marisa Carpino Director, Culture & Recreation From: Vera A Felgemacher Manager, Supply & Services Copy: Brian Duffield, Manager, Facilities Operations John Hagg, Fire Chief Fred Hyland, Deputy Fire Chief Vince Plouffe, Supervisor, Facilities Operations Supervisor, Supply & Services Subject Proposal No. RFP -6-2016 Architectural & Engineering Consulting Services - New Fire Hall Closing Date: Thursday, May 19, 2016 - File: F-5300-001 em May 31, 2016 Terms of reference for RFP -6-2016 -Architectural & Engineering Consulting Services - New Fire Hall were emailed to the four pre -qualified vendors from RFP -7-2016 - Pre -Qualification of Architectural and Engineering Design Services - New Fire Hall. Two companies have submitted a proposal. Stage 1 - Evaluation of Submission Requirements - has been completed, and two proposals are available for consideration. Hard copies of the proposals have been forwarded via the Manager, Facilities Operations to the Evaluation Committee, along with the criteria to be used and the evaluation form. Each member of the evaluation committee is to carefully review the submissions and score each response against the criteria and sign the form. Attachments previously forwarded: 1: Stage 1- Evaluation of Submission Requirements 2. Evaluation Form 3 Stage V - Evaluation Criteria 4. Copy of the Terms of Reference 5. Copy of the proposals received Forward the completed evaluation form to Sue Burgess, Buyer. h accordance with Purchasing Procedures 14.02 [tem 17, Committee members' figures for each Respondent will be totaled to establish an average score. A summary of average scores will be prepared for discussion at a meeting set up for the Evaluation Committee. Please direct enquiries to Supply & Services. Respondents will be advised of the outcome when the cqtract has been awarded. If y u require further information, please contact me, or a member of Supply & Services. (_.---1\ VAFIs Attachment 118 119 Attachment# 1 to Report# FIR 03-18 Page 8 of 13 Architectural Engineering Consulting Servic ('-. New Fire Hall • RFP -6-2016 Stage 1 - Evaluation of Mandatory Requirements Stage I will consist of a review to determine which proposals satisfy all of the mandatory submission requirements. Proposals failing to satisfy the mandatory submission requirements as of the submission date will be provided an opportunity to rectify any . deficiencies. Proposals failing to satisfy the mandatory requirements as of the rectification date will be excluded from further consideration. Those submissions that satisfy the mandatory requirements will proceed to Stage II. Proposals are to include the following mandatory requirements: A. Submission Form (Appendix B); B. Rate Bid Form (Appendix C) C. Five (5) hard copies and one (1) electronic copy Company Item Item B Item C Thomas Brown Architects Inc. • d X - Incorrect Pricing Total ...i - KNYMH Inc. ,i X - Incorrect Pricing Total ,f '(Attachment# 1 to Report# FIR 03-18 F Page 9 of 13 Architectural & Engineering Consulting Services - New Fire Hall RFP -6-2016 Stage 1 - Evaluation of Rated Criteria Stage 1 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 contract 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 D - Request for Proposals Particulars D. Rated Criteria The following is an overview of the categories and weighting for the rated criteria of the Request for Proposals. Proponents who do not meet a minimum threshold score for a category will not proceed to the next stage of the evaluation process. Rated Criteria Category Weighting (Points) Minimum Threshold Stage II Understanding of Project 15 7 Work Plan and Deliverables 30 15 Quality of Proposal 5 3 Subtotal: 50 25 Stage 111 Pricing Table #1 Project Cost 40 N/A Pricing Table #2 Professional Fees - Hourly Rates (Avg.) 5 N/A Pricing Table #3 Sub Consultant Fees - Hourly Rates (Ava.) 5 N/A Total Points 100 Stage V Interview (if required) 20NIA Total Possible Points Stages 1- V 120 Suggested Proposal Content for the Evaluation of Rated Criteria 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; 120 121 Attaphment# 1 to Report# FIR 034p J Page 10of13 b. Identification of "value-added" services brought by the Proponent's team; and c A summary of the risks, concerns 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: a An indication of how soon the Proponent can begin the work; b. A detailed work plan indicating the method, tasks and 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) n the Proponent's detailed work plan; roles and the amount of time, shown in hours, that they will be d. Proposed staffing dedicated to this project; a 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; g. State the assumptions regarding the roles and involvement of City staff; h Summary of quality assurance manual and proc dares; and 1 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 well instructions are. followed. Pricing - Total Points = 50 Provide a lump sum price (excluding HST) for Architectural & Engineering Design Services for the new Fire Hall and as further described in Appendix D - Request for Proposals Particulars, Section A - Deliverables. Pricing will be scored based on a relative pricing formula using the Total Project Cost set out n the Pricing Form, Pricing Table #1 and the average of all hourly rates provided n Pricing Table #2 and Pricing Table #3. Interview Evaluation Criteria - Total Points = 20 If required, and at the completion of Stage. IV evaluation, up to three (3) of the highest - ranked Proponents may be selected for an interview. The City and the selected Proponents will schedule these interviews, and Proponents will be given sufficient time to prepare. interview questions shall be provided only to those Proponents who have - been chosen. RFP -6-2016 Page 2 of 3 Architectural & Engineering Consulting Services - New Fire Hall Attachment# 1 to Report# FIR 03-1,8 Page 11 of 13 4� Interviews shall be scored by representatives of the Evaluation Committee, and shall follow this general format: a - Introductions b Questions from Evaluation Committee c Answers from Proponents RFP -6'-2016 Architectural & Engineering 'consulting Services - New Fire Hall • Page 3 of 3 122 N CO Attachment#.1 to Report# FIR 03-18 Page 12 of 13 Request for Proposal - Architectural & Engineering Consulting Services.- New Fire Hall RFP -6-2016 • Evaluation .Form - Staae 11 Respondent • Understanding of Project • Work Plan & Deliverables Quality of Proposal • Pricing Table #1 _ Project • Cost • Pricing Table#2- Professional Fees - Hourly Rates (Avg.)- Pricing Table #3 -. Sub - Consultant Fees Hourly Rates (Avg.) Interview - Responses to interview .questions .. . Evaluator Comments • . . • Weight/Points: 15 30 . 5 - , 90 - ' 5 5 't:'2-0 3 -. ,- Threshold. 7 • 15 ; 3 NIA - N/A NIA _ N/A _ t KNYNl lnc. ' - - • ' . • Thomas Brown Architects . - -- •-•• - - Committee. Member: Signature:• Print Name Attachment# 1 to Report# FIR 03-18 Page13of13 • 1 ENGINEERING & PUBLIC WORKS DEPARTMENT CAPITAL PROJECTS & INFRASTRUCTURE SCALE: N.T.S o„m June 1/2016 ATTACHMENT FOR CULTURE & RECREATION REPORT CR 09-16 ARCHITECTURAL & ENGINEERING CONSULTING SERVICES FOR THE NEW FIRE HALL CirantlIZIC 124 Attachment# 2 to Report# FIR 02-18 Page 1 of 1 Legislative Services Division Clerk's Office 'Directive Memorandum ,June 29, 2016 To: Marisa Carpino Director, Culture et Recreation From: Debbie 'Shields City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on June 27, 2016 Director, Culture & Recreation, Report CR 09-16 Architectural & Engineering Consulting Services for the New Fire Hail to Service Seaton -Request for Proposal No. RFP -6-2016 Council Decision --Zeso9un ilon #178116 1. That Proposal i51o. RFP -6-2016 submitted by Thomas Brown Architects in the amount of $310,750.10 (HST included) L accepted; 2. That the total gross project cost of $370,640,00 (HST included), including the amount of the proposal .and other =associated costs, and the total net project cost of $333,773.00 (net of HST rebate), be approved; 3. That Council authorize the Division Head, Finance & Treasurer to finance the nel. project cost of $333.773.00 as follows: a1. The sum of $8,345.00 as provided for h the 2016 Capital Budget Fire Services to be. funded by atransfer from DC's - City's Share Reserve; ID} The sum of $325,428.00 to be funded by a transfer from Development Charges - Fire Protection Reserve Fund; and 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indic,ated iii this report Pease take any action c eerned necessary. Debbie Shields lir Copy: Chief Administrative Officer Director, Corporate 'Services &. City Solicitor 125 Attachment# 3 to Report# FIR 0248 Page 1 of 2 THOMAS BROWN Date: June 31, 2018 To: Chief John Hagg Brian Duffield Vince Plouffe From: Chris Kubbinga Re: New Pickering Headquarters Station Memorandum Pickering Fire Services - City of Pickering - City of Pickering - Thomas Brown Architects Inc. Chief 1 Brian / Vince, Further to our last meeting at the end of May, we provide the following update on the Project including our Fee Proposal. As advised in early May, the City has decided to use the property at Zents and Brock Road for a new Fire Headquarters Station and to possibly use the Station Design developed for this Site for another future Station at a location to be determined. A Preliminary Programme for the Headquarters Station was prepared by TBA and reviewed at the last meeting on May 3151. This Programme has since been amended based on information developed by the City arid Fire Services as advised By Vince June 61h and as issued by TBA on June 1911,. The current Programme suggests that the new Headquarters Station is likely to be in the range of 19,000 square feet for a 2 storey design located on the current Site maintaining the proposed site limit to the west. To accommodate additional Parking requirements, the site limit may be extended to the north. Based on current information obtained from the Cost Consultant, we should expect the Station Costs to be in the range of $385 to $400 per Square Foot. It appears that there has been a spike in Construction Costs of 20 to 25% over the past 6 months. In addition, there will be uncertainty about the effects of the Tariffs and the low Canadian Dollar in the foreseeable future. Accordingly, we advise that the Project Budget should be in the range of: $7,300,000 to $7,600,000 Our Fees for the original project represented approximately 7.5% of a Project Budget of $3,500,000. To date, we have invoiced 33% of the Fees for completion of Schematic Design and Design Development and 40% of Construction Documents. These Fees have been paid less the.10% Holdback. Should the design developed for this Station be considered for another location, we will be able to offer a credit to our Fees for work done which is applicable to the new location. We have attempted to review what work done to date will be of use for the Headquarters Station. As far as our Consultants are concerned, this will be a completely new undertaking for Structural, Mechanical and Electrical and not much better for Civil and Landscaping. Architecturally, we feel that we will be able to carry forward some benefits from previous work on Schematic and Design Development which we are able to apply to the new Fees: Based on an estimated Project Cost of $7,300,000 and using the same fee of 7.5%, the Fees for the Headquarters Station would be: $547,500 + Disbursements + HST 197 Spadina Avenue, Suite 500, Toronto, Ontario M5T 2C8. Ph: 416.364.5710 126 Attachment# 3 to Report# FIR 02-18 Page 2 of 2 Thomas Brown Architects Inc. However, based on our discussions and our review of the benefits in hand from our work on the original project, we are prepared to reduce this Fee to: $380,000 + Disbursements + HST This Fee is approximately 5.2 % of the Estimated Project Cost and would be apportioned as follows: Schematic Design $ 5,000 Design Development $ 22,000 Construction Documents $ 160,000 Bidding/Negotiation $ 7,500 Construction $ 175,000 Post Construction $ 10,500 Sub -Total $ 380,000 Disbursements $ 15,000 Total $ 395,000 + HST Please note that this proposal is based on keeping the current layout of the Fire Station as intact as possible to prevent significant rework by our Consultants. Please review this Proposal and advise us of any comments. Rega iris Kubbinga y pem Y 1 1 27 Page 2 of 2 0./1 PCKEU G Report to Council Report Number: HR 01-18 Date: December 10, 2018 From: Jennifer Eddy Director, Human Resources Subject: Employee Code of Conduct (HUR 050) - File: A-1440 Recommendation: That Council approve amendments to the Employee Code of Conduct Policy, as set out in Attachment 1, as a result of the legalization of recreational cannabis set out in the Cannabis Act (Bill C-45) that took effect on October 17, 2018. Other changes include general housekeeping changes. Executive Summary: The legalization of the recreational use of cannabis allows for the consumption of it wherever smoking is allowed, excluding motor vehicles. This policy elaborates on the rules and expectations for the use of drugs (illicit or otherwise),alcohol, and both medical and recreational cannabis in the workplace. Except as provided for by this policy and as required by the Human Rights Code, employees must not consume drugs, cannabis, or alcohol during working hours while on duty, on call, or on the Ciy's premises, or in a manner which would be reasonably likely to affect the ability of the employee o perform their duties safely and effectively. Financial Implications: No change. Discussion: The Employee Code of Conduct was approved by Council on October 19, 1998. Changes have now been made in consideration of the legalization of recreational and medical cannabis. Despite this legalization, employees must keep in mind that the consumption or appearance of consumption of cannabis while at work, during working hours, and/or on the City's premises may detrimentally affect the City's public image. All employees are expected to report to work fit for duty and to remain fit for duty. Employees must conduct themselves in a safe and lawful manner while on duty and/or on the City's premises. Employees must comply with all applicable laws and regulations as well as this policy at all times. In cases where there is a medically substantiated purpose, the City is committed to providing accommodation where required and in accordance with the Human Rights Code, R.S.O. 1990, c. H.19 up to the point of undue hardship. 128 HR 01-18 December 10, 2018 Subject: Employee Code of Conduct (HUR 050) Page 2 Other housekeeping changes included the following: 1. "Gifts and Benefits" was changed to "Gifts and Favours" and was added to the definitions to include services, discounts, and other considerations the employee might encounter while conducting City business. Feedback suggested it is time to increase the dollar value amount an employee could receive as a gift or favour, given that the policy was put in place in 1998. Gifts of cash should never be accepted under any circumstances. 2. Employee and supervisory responsibilities were added. 3. Incompatible employment is an example of a conflict of interest; therefore, the language pertaining to it is now subsumed under the heading Conflict of Interest. 4. Hiring of Relatives section was updated to add that no employee shall solicit Members of Council directly or indirectly to obtain preferential consideration in connection with any appointment to the municipal service. 5. Under Personal Business, the language was broadened from making personal calls to conducting personal business to account for multiple means of electronic communications. 6. Deleted the Mileage Allowance section as it is already referenced in the Vehicle Use Policy (ADM 020) where it is more appropriately located. Disclosure of a loss of driving qualification is also outlined in the LUPE Collective Agreement. Attachments: 1. Employee Code of Conduct 2. Ontario Human Rights Commission policy statement on cannabis at the Human Rights Code Prepared By: (f' Soula Christou Coordinator, Human Resources JE:sc Approved/Endorsed By: Je fer Eddy Director, Human Resources 12 Recommended for the consideration of Pickering City Council Tony Preve.eI, P ng. thief Administrative Officer P cdp, CKFR1 G Policy Policy Title: Employee Code of Conduct Policy Number HUR 050 Reference Date Originated (mldly) October 19, 1998 Date Revised (mldly) November 21, 2018 Pages 10 Approval: Chief Administrative Officer Point of Contact Director, Human Resources Policy Objective The.Corporation of the City of Pickering (the "City") requires its employees to conduct themselves in a professional and ethical manner while carrying out their civic duties. This Code of Conduct • is a visible and formal statement of the intended values and behavioural standards the City expects its employees, and its agents or contractors to follow when conducting City business. If conduct occurs which violates this Code, the employee or work group concerned will be subject to review and possible disciplinary action, up to and including termination. In the case of an agent or contractor, termination of the service contract or service agreement may occur. The objective of this policy is to: • establish a set of behavioural guidelines for employees to follow in various situations • which may involve ethical decisions • protect City property and image • promote a high standard of professionalism amongst employees • encourage the proper conduct of employees Index 01 Definitions 02 Responsibilities 03 Conflicts of Interest 04 Gifts and Favours 05 Confidential lnformation 06 Public Relations and Press Releases 130 07 Hiring of Relatives and' Soliciting Appointments 08 Political Activities 09 City Property 10 Personal Business 11 Illegal Drug, Cannabis and Alcohol Use 12 Dress Code 13 Enforcement 14 Severability 01 Definitions 01.01 Gifts and Favours -- services, promotional material and premiums, discounts, entertainment or other benefits 01.02 Immediate Family — a husband, wife, including common law spouse, children including foster or step children, of an employee 01.03 Immediate Relatives -- the parents, brothers, sisters, including foster or step, parents-in-law, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, grandparents, grandchildren or any other relative living with an employee 01.04 Personal Interests — an employee's personal interests shall include the personal interests of the employee, his or her spouse (including common law spouse) and his or her minor children 01.05 Supervisor — immediate non -union -supervisor 02 Responsibilities 02.01 Council to: • approve any amendments to this policy 02.02 Chief Administrative Officer (CAO) to: • approve leaves of absences for employees requesting time of when running for political office 02.03 Directors to: o ensure that the policy is adhered to through demonstrated practices of City employees; Policy Title: Employee Code of Conduct Page 2•of 10 1 31iolicy Number: HUR 050 • recommend changes to the policy as appropriate; • set an example for all employees by appropriate attire and professional behaviour at all times; and • ensure that proper clothing and uniforms are available. and are used by City employees 02.04 Supervisor to: • treat all complaints of misconduct seriously and respond in a timely manner; and • prevent and discourage misconduct through action and example by demonstrating professional behaviour at all times 02.05 Employees to: • become familiar and comply with this policy; and • bring concerns to their supervisor if there is reason to believe this policy has been breached in any way. No adverse action shall be taken against any employee who, acting in good faith, brings forward such information. 03 Conflicts of Interest 03.01 A conflict may exist where the employee could directly influence a decision made in the course of performing his or her job duties and also where he or she could indirectly influence the decision through exerting personal influence over the decision -maker. 03.02 Employees shall not place themselves in a position where they are under obligation to any person who might benefit from special consideration or favour on their part or where he or she could gain personal benefit, directly or indirectly, from any agreement or contract with the City about which they could influence decisions or affect the outcome. 03.03 Employees shall not gain personal benefit, or permit others to benefit from the access to information acquired in their official capacity which is not generally available to the public through ordinary and proper channels. 03.04 Employees should avoid situations where an employee's personal interests conflict with his or her duties and responsibilities as an employee of the City. The onus shall be on an employee to inform his or her supervisor if a situation comes before the employee in which the employee's personal interest is or may be involved. A conflict of interest can exist whether or not a pecuniary advantage has been or may have been conferred on the employee. Employees shall not sell goods, materials or services to the City. An exception may be made with the approval of the Director, provided the opportunity is made available on an equal basis to other employees. Policy Title: ' Employee Code of Conduct Policy Number: HUR 050 Page 3 of 10 132 03.05 Employees shall not engage in, or accept private employment/volunteer work, or render services for private interests when such employment or volunteer service is incompatible with the proper discharge of his or her official city duties, or would tend to impair his or her independence of judgment or action, in the performance of his or her official duties. 03.06 During the course of their duties, employees shall not refer business to Members of Pickering Council or to the Councillor's immediate family. 04 Gifts and Favours 04.01 In order to preserve the image and integrity of the city, receipt of business gifts is discouraged, however, the City recognizes that moderate hospitality is an accepted courtesy of a business relationship. Recipients should not allow themselves to reach.a position whereby they might be or might be deemed by others to be influenced in making a business decision as a consequence of accepting such hospitality. The frequency and scale of hospitality accepted should not be greater than what would be permitted to be claimed as a business expense in the normal course of one's job. 04.02 An employee should not seek or accept any gifts and favours from any person or organization whose business or financial interests may be impacted in any fashion by the employee in the course of the exercise of the employee's City duties. 04.03 Small tokens of appreciation provided on an individual basis having an approximate value of $75.00 or less, will not constitute a violation of this code. All gifts and favours must be disclosed to an employee's Director. Wherever reasonably possible the Director shall ensure that tokens of appreciation are shared amongst the Department. 04.04 Gifts having a value of $75.00 or more shall be disclosed to the CAO. The CAO shall dispose of such gifts, at his discretion, and arrange for the proceeds from such gifts to be donated to a charitable cause supported by the City. 04.05 Gifts of cash are never acceptable. 05 Confidential Information 05.01 Employees shall not permit any person, other than those who are appropriately and legally entitled thereto, to inspect or have access to information, papers or documents which are confidential. Where an employee is unsure of the status of information, before making any release he or she shall discuss it with his or her Director or Division Head. 05.02 Particular care should be exercised in releasing information relating to the following matters: Policy Title: Employee Code of Conduct Page 4 of 10 1 3l3olicy Number: HUR 050 • items under litigation (including matters before the Ontario Municipal Board and other Tribunals); • personnel matters; • information provided by suppliers for evaluations which might be useful to competitors; . • information which infringes on the right to privacy of others; • sources of complaints about a variety of matters in which the identity of the complainant is given in confidence; • items under negotiation; • information supplied in support of license applications, where such information is not part of the public documentation; and • Schedules of prices in contract tenders 05.03 Directors and Division Heads will ensure that employees are aware of confidential information held in theirdepartments which may not be divulged 05.04 Employees should refer requests for confidential information to the City Clerk in accordance with the Municipal Freedom of information and Protection of Privacy Act which governs situations where the public request information that is regarded as confidential by the City. 06 Public Relations and Press Releases 06.01 Employees shall treat each contact with the public with diplomacy, tact and objectivity and shall recognize that such contacts affect the City's public image. 06.02 Employees are encouraged to refer to the Office of the CAO any contacts from the media which request opinions or comments on policy, procedures, legal or other matters. Any other media contacts should be referred to the employee's Director. 06.03 Press releases and communications on the City's website on the internet must be pre -approved by the CAO or the Mayor, or the authorized corporate representative, as the case may be. 06.04 This policy is not intended to restrict the ability of employees to express an opinion on general interest matters, where the employee makes it clear that he or she is commenting as a private citizen and not in his or her capacity as a City employee. . Policy Title: Employee Code of Conduct Policy Number: HUR 050 Page 5 of 10 134 07 Hiring of Relatives and Soliciting Appointments 07.01 The City considers the hiring of immediate family or immediate relatives of employees to be inappropriate in situations where the related employees would be in a direct reporting relationship. i information available to City employees by virtue of their employment and City facilities, assets and supplies constitute City property. 09.04 Employees shall not use City property, equipment, supplies or services including computer and other intellectual property for activities not associated with the discharge of official duties without the prior approval of the employee's Director. 09.05 Al] employees are responsible to ensure that City property in,the employee's control is not taken or converted for personal gain and must report any instances or suspicions of fraud or theft to the Director immediately. 09.06 Employees must assume full responsibility for their personal property brought onto City property. 09.07 No employee shall make financial gain from the use or sale of City developed computer programs, technological innovations or other patentable items, either while in the employment of the City, or thereafter. All such property is and shall remain the exclusive property of the City. 10 Personal Business 10.01 Employees shall refrain from attending to personal business during working hours. If this cannot be avoided, the employee shall be expected to be as brief as possible. 10.02 Employees shall discourage personal acquaintances and visitors who contact them at work on matters not related to City business. 11 Illegal Drugs, Cannabis and Alcohol Use 11:01 The City of Pickering ("the City") is committed to providing a safe, supportive, and respectful workplace. The use of impairing substances in the workplace may impact an employee's productivity and performance, as well as compromise the safety of the workplace. This policy sets out the guideline for the use of drugs and alcohol, including medical and recreational cannabis, in the workplace. Employees must keep in mind that the consumption or appearance of consumption of drugs or alcohol while at work, during working hours, and/or on the City's premises may detrimentally affect the City's public image. 11.02 All employees are expected to report to work fit for duty and to remain fit for duty. 11.03 Employees must conduct themselves in,a safe and lawful manner while on duty and/or on the City's premises. Employees must comply with all applicable laws and regulations as well as this policy at all times. Policy Title: Employee Code of Conduct Policy Number: HUR 050 Page 7 of 10 136 11.04 Except as provided for by this policy and as required by the Human Rights Code, employees must not consume drugs or alcohol during working hours while on duty, on•call, or on the City's premises or in a manner which would be reasonably likely to affect the ability of the employee to perform their duties safely and effectively. 11.05 Recreational use of cannabis or alcohol while on duty or on the City's premises will not be tolerated. 11.08 The City is committed to providing accommodation where required and in accordance with the Human Rights Code. The City may require medical evidence to support any accommodation request. 11.07 Where required, and subject to medical evidence that the health and safety of the workplace and the employee's duties will not be interfered with, the consumption of over--the-counter medications and medications lawfully . prescribed to the employee, including cannabis for a medical purpose, are permitted in the workplace. Ontario's smoking laws prohibit smoking or vaping cannabis in an enclosed workplace even for a medical purpose, accordingly this will not be permitted in the workplace. Employees may however consume . cannabis for a medical purpose in the workplace.. 11.08 Employees are required to use such medications responsibly. However, no employee may use any drug, whether prescription or non-prescription or cannabis for a medical purpose where the use of such substance may interfere with the health and safety of the workplace or the employee's duties. Employees may not consume or be under the influence of prescription medications that are not prescribed to that particular employee during working hours. 11.09 Employees who have a drug or alcohol addiction, including cannabis addiction should discuss the matter with human resources to determine what if any accommodation may be required. 11.10 Employees are required to disclose their use of any medication, including prescribed narcotics and medical cannabis that may impair their work performance. The City will accommodate the employee up to the point of undue hardship. Employees who fail to report such medications to the City will be found to be in violation of this policy. . Employees must immediately report to any supervisor, member of management, or human resources representative any employee that may be impaired by drugs or alcohol in violation of this policy. 11.12 Employees in safety -sensitive positions may be removed from the workplace and may be required to undergo drug and/or alcohol testing where an accident/incident almost occurred due to suspected drug or alcohol impairment (near miss); where there is an accident/incident in the workplace due to suspected drug or alcohol impairment; or where the employee returns to work after an accident/incident that resulted from the employee being impaired by Policy Title: Employee Code of Conduct Page 8 of 10 1 31olicy Number: HUR 050 drugs or alcohol. Test results shall be kept confidential and will only be disclosed as necessary to determine if discipline or accommodation is appropriate. 11.13 Employees who violate this policy may be subject to discipline up to and including termination. 11.14 Employees struggling with drug and/or alcohol addiction are encouraged to seek assistance through the City's Employee &Family Assistance Program (EFAP). 12 Dress Code 12.01 Employees are expected to dress, at all times, in a manner that is appropriate to the work being performed.' Office staff are expected to dress at all times in a manner that presents an acceptable and professional corporate image in accordance with the City's Business Appropriate Dress Guidelines. Employees who usually perform work in public view shall wear identification. Employees who are issued with uniforms by the City shall wear full uniforms at all times during the course of their work day. . . 13 Enforcement 13.01 The observance of this Code of Conduct constitutes a condition of employment. Any employee who fails to act in accordance with the provisions of this Code will be subject to appropriate disciplinary action, up to and including termination of employment. 13.02 The City's expectations of its employees in each of these areas is outlined in this Code. If an employee is in doubt about any of the matters set out herein, or if the particular situation is not covered here, the employee must ask his or her Director or Division Head for assistance in interpretation of the policy. 13.03 A Director/Division Head or other Supervisory staff having direct knowledge of a breach of this Code shall bring the information immediately to the attention of the employee. 13.04 Any employee who has reason to believe that any individual including those in a management or supervisory capacity is committing a breach of the Code shall approach the Director in confidence. Any employee who has reason to believe that the Director is committing a breach of this Code shall approach the CAO in confidence. Any employee who has reason to believe that the CAO is committing a breach of this Code shall approach the Mayor in confidence. 14 Severability 14.01 The provisions of this Code of Conduct are severable and if any provision, section or word is held invalid or illegal, such invalidity or illegality shall not affect or impair any of the remaining provisions, sections or words. Policy Title: Employee Code of Conduct Policy Number: FUR 050 Page 9 of 10 138 Please refer to all associated Procedures and Standard Operating Procedures, if applicable, for detailed processes regarding this Policy. Policy Title: Employee Code of Conduct Page 10 of 10 1 3Policy Number: HUR 050 11/21/2018 Policy statement on cannabis and the Human Rights Code 1 Ontario Human Rights Commission Ontario Human Rights Commission Commission ontarienne des Ontario droits de la personae English 1 Francais ttf.:1 1 search I YOUR REEN S CODE GROU D i SOCIAL L A.: EAS DUCATEON.1 OUTROACH - OUR UjO i4 Home » Policy statement on cannabis and the Human Rights Code Related e' -'Learning. ▪ Human Rights 101 Part 8- The Ontario Human Rights Code n Human Rights 101 ▪ Example 1- Code right v. Code right: Competing rights at the office Related Resources Ei Questions and answers on cannabis and the Human Rights Code o Drug and alcohol testing — Frequently asked questions ▪ 4. Establishing discrimination and Code defences ▪ Drug and alcohol testing (brochure 2016) Related News • OHRC releases new policy guidance on human rights and cannabis ▪ Commission initiates complaint against Goldcorp's Drug Testing Policy ▪ Accommodation and medical documentation: New OHRC policy statement offers guidance a New OHRC policy statement explains the duty to accommodate under Ontario's Human Rights Code Policy statement on cannabis and the Human Rights Code + show tags ' Approved by the OHRC: July 2018 , View PDF: Policy statement on cannabis and the Human Rights Code Contents • Overview 14 0 11R 11121/2018 Policy statement on cannabis and the Human Rights Code 1 Ontario Human Rights Commission • Cannabis use at work • Cannabis use in residential housing • Public places • Determining when there is a duty to accommodate Overview Cannabis or "marijuana" laws are changing in Canada.11 It will now be legal for people age 19 or older in Ontario to buy, possess, use and grow recreational cannabis. Provincial laws generally permit cannabis use wherever laws permit tobacco use.f2 Cannabis use for a medical purpose (medical cannabis) continues to be legal. Ontario's Human Rights Code (the Code) and the Ontario Human Rights Commission's policies[3] apply to cannabis in the same way they do for other drugs. The Code protects people who use cannabis for a medical purpose related to a disability from discriminatory treatment in employment, housing, services and other areas. The Code also prohibits discrimination against people who have or are perceived to have an addiction to cannabis based on the ground of disability. People who use cannabis for a medical purpose related to a disability, and people addicted to cannabis, also have the right to disability -related accommodation to the point of undue hardship — that is, significant health and safety risks or excessive costs. People seeking accommodation related to cannabis use because of a disability may need to provide medical or other information to support their needs. Employees who use cannabis because of a disability may need to provide information verifying their fitness for work. Back to top Cannabis use at work Ontario prohibits smoking or vaping cannabis for a recreational or medical purpose in an enclosed workplace.f41 An employee can consume edible cannabis for a medical purpose related to a disability in an enclosed workplace, as long as it does not interfere with workplace health and safety or performing essential job duties. Example: An employer accommodates an office clerk with periodic breaks throughout the workday so he can consume edible cannabis for a medical purpose related to his disability. The cannabis helps treat some of the symptoms of his multiple sclerosis. His doctor determines the amount of cannabis consumed will not interfere with job performance or workplace health or safety and declares him fit for work. Similar to alcohol and other drugs, employers can generally expect employees to be free from cannabis impairment while at work.[5] Still, employers have a legal duty under the Code to accommodate the disability -related needs of employees who use cannabis for a medical purpose, or are addicted to cannabis use. Accommodation does not necessarily require employers to permit cannabis impairment on the job. The duty to accommodate ends if the person cannot ultimately perform the essential duties of the job after accommodation has been tried and exhausted, or if undue hardship would result. It would likely amount to undue hardship to allow any employee, regardless of a disability or addiction, to be impaired bycannabis while doing safety -sensitive jobs like operating heavy machinery. Example: In Aitchison vL & L Painting and Decorating Ltd, the Human Rights Tribunal of Ontario (HRTO) found that the termination of a painter who smoked cannabis for a medical purpose at work during his breaks was not discriminatory. The painter worked on the outside of a building 37 floors above ground. The HRTO concluded his actions represented a genuine health and safety risk given the safety sensitive nature of the job site. The HRTO found no evidence that the employee asked for an accommodation. Rather, the HRTO said the employee took it upon himself to medicate at work without authorization from his treating • physician or employer. The HRTO also found the employer's policy prohibiting cannabis smoking on the job 141 hits• AnoAr nhrr nr ralanlnnlir•.v_statement-rnnnahis-and-hi Iran-riahis-code 2/6 11/21/201-8 Policy statement on cannabis and the Human Rights Code 1 Ontario Human Rights Commission was bona fide and reasonable and did not impose automatic termination or close the door to accommodating employees who use cannabis for a medical purpose into a non -safety sensitive position.i6] Employees who use cannabis for a medical purpose or have a cannabis addiction should discuss with a doctor any concerns about fitness for work and negative effects on workplace health and safety or performance of essential duties. Employers should routinely inform employees who work in safety sensitive positions about the need to disclose if they are using a drug that could lead to on-the-job impairment. Employers should encourage employees to ask for disability -related accommodation before harmful incidents happen. Generally, people are expected to make their accommodation needs known. Some employees may be reluctant or unable to recognize or disclose that they have disability -related accommodation needs.[71 Employers have a duty to inquire where an employee is clearly unwell or is known to have, or perceived to have, disability needs related to cannabis use for a medical purpose, or cannabis addiction.[$] Everyone is expected to cooperate in the accommodation process. The employee may need to provide medical or other information to support a disability -related need, but also has a right to privacy as much as possible. The employer does not generally have the right to know the nature of the person's disability or their treatment. However, a doctor's note verifying that cannabis use related to a disability is not interfering with fitness for work might be necessary for accommodation in some situations, particularly in safety -sensitive environments. As part of its duty to accommodate, an employer must try to reduce any risks. They may be required to change some job duties or offer alternative work to accommodate someone who uses cannabis for a medical purpose related to a disability. Other forms of accommodation include referring someone with a cannabis addiction to an employee assistance program, allowing time off to attend a rehabilitation program or providing other job-related supports. Employers should offer assistance and accommodation before imposing consequences where an employee is impaired on the job or unable to do their essential duties due to cannabis use for a medical purpose related to a disability, or to cannabis addiction. Workplace policies that automatically discipline employees for not coming forward and disclosing disability -related cannabis use or cannabis addiction may be discriminatory.[9] However, an organization may not be expected to accommodate a disability -related need if the person does not ultimately participate in the accommodation process. [10] Back to top Cannabis use in residential housing Ontario prohibits smoking or vaping cannabis for a recreational or medical purpose in common areas of apartments and condos. People can smoke, vape or consume edible cannabis for either purpose in their house, condo or apartment and their outdoor space including a yard, porch or balcony, except where laws or rules prohibit smoking or vaping cannabis and tobacco for public health reasons.[111 Residents can consume edible cannabis for a medical or recreational purpose anywhere on the premises of their residential building. Cannabis use might negatively affect other building residents, including people with chemical sensitivity disabilities. [12] Housing providers have a legal duty to look for solutions and accommodate the disability -related needs of people who use cannabis for a medical purpose related to a disability[131 as well as of people with disabilities affected by cannabis use, unless it would cause undue hardship. Example: A ground -floor tenant with a severe chemical sensitivity disability contacts the property manager about cannabis smoke drifting in from the new neighbour next door. The property manager investigates and discovers the neighbour uses cannabis for a medical purpose related to a disability. The manager offers to move the neighbour to another floor. Meanwhile, maintenance comes to reseal the two apartments to reduce smoke infiltration. The manager also begins a "turnover" policy of eventually designating all the units on the ground floor as smoke-free. in, rirthfc_rnri. 142 316 11121/20/8 Policy statement on cannabis and the Human Rights Code 1 Ontario Human Rights Commission Residents seeking accommodation related to cannabis use because of a disability may need to provide medical ar other information to support their disability -related needs. Back to top Public places Ontario generally prohibits smoking or vaping cannabis far a recreational or medical purpose in enclosed public places, as well as at schools and other prescribed places.[14] People can use cannabis for either purpose in many outdoor public places, except where laws or rules prohibit smoking or vaping cannabis and tobacco for public health reasons. [15] People can consume edible cannabis for a medical purpose related to a disability in any indoor or outdoor public place. Back to top Determining when there is. a duty to accommodate I. Is the cannabis use for a medical purpose or because of an addiction? • Organizations may have a duty to accommodate cannabis use for a medical purpose related to a disability under Ontario's Human Rights Code, unless it results in undue hardship based on health and safety or cost, or ultimately the person is unable to meet the essential requirements relating to their job, housing or service provision after accommodation has been tried and exhausted • Organizations may also have a duty to accommodate a person's disability -related needs arising from cannabis addiction, such as time off work for treatment, unless it would result in undue hardship • There is no duty to accommodate recreational cannabis use under the Code. 2. Is the cannabis use for a medical purpose smoked or gaped? • People cannot smoke or vape cannabis for a medical purpose related to a disability in places where laws or rules prohibit smoking or vaping cannabis and tobacco for public health reasons • However, an organization might have a duty to accommodate in some way (for example, by providing breaks to allow an employee who smokes cannabis for a medical purpose to smoke outside in places where smoking is permitted by law) • Organizations also have a duty to accommodate other people with disabilities who are negatively affected by cannabis smoke or vapour. 3. What if cannabis use causes impairment at work? . • Employers can require employees to be free from recreational cannabis impairment at work • Impairment at work from cannabis use related to a disability may also be prohibited if it interferes with health and safety or performance of essential job duties • Tribunals and courts have confirmed that employers can prohibit impairment from cannabis use for a medical ar other purpose at work in safety -sensitive jobs • Employers must not impose automatic termination and have a duty to accommodate employees with disabilities who use cannabis for a medical purpose, or are addicted to cannabis, short of undue hardship • An employee may need to provide medical or other information to support their disability -related accommodation needs. They may also need to verify their fitness for work. Back to top [� See Federal Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the 1 �Mminal Code and otherActs, 2018. hl -f Nunxnunhr,.nn r-olonlnnlirir_ctatAmant_rannahis-anri-hi1mar-rinhts-coda 416 11/2112018 Policy statement on cannabis and the Human Rights Code I Ontario Human Rights Commission [2] See the Ontario Government's online publication, Cannabis legislation: www.ontario.ca/page/cannabis- legalization. [3] See OHRC's Policy on ableism and discrimination based on disability (2016); Policy on drug and alcohol testing (2016); Drug and alcohol testing — Frequently asked questions, Policy on preventing discrimination based on mental health disabilities and addictions (2014); and Policy on human rights and rental housing (2009). [4] See, Cannabis legislation, supra note 2. [5] For related information, see the Ontario Ministry of Labour's online publication, Impairment and Workplace Health and Safety. www.labour.gov.on.ca/english/hs/pubs/impairment.php. [6] Aitchison v L & L Painting and Decorating Ltd, 2018 HRTO 238 (CanLII). Also see French v Se/kin Logging, 2015 BCHRT 101 (CanLII). [7] Stewart v Elk Valley Coal Corp., 2017 SCC 30 (CanLII). [8] Wall v The Lippe Group, 2008 HRTO 50 (CanLII) at para 80; Krieger v Toronto Police Services Board, 2010 HRTO 1361 (CanLII). [9] Aitchison, supra note 6. [10] Stewart, supra note 7. [11] There are specific restrictions and exceptions for residential care facilities. See, Cannabis legislation, supra note 2. [12] Borutski and others v Crescent Housing Society and another (No. 3), 2014 BCHRT 124 (CanLII). [13] TET -82381-17 (Re), 2017 CanLII 94010 (ON LTB). [14] See, Cannabis legislation, supra note 2. [ 15] Ibid. Attachments Back to top Attachment 1Size al a Policy statement on Cannabis and the Human Rights Code (2018) 1.55 MB a Questions and answers on cannabis and the Human Rights Code (2018) 464.4 KB Like 14 Tweet l alien 1 Ontario Human Rights Gornrnission Commission ontarienne des droits de la , ersonne Araiwai 144 F IF 11/21/2018 mlicy statement « cannabis and the Hume RightsCode 1 Onta+ Human Rights Commission � 6■6 2 . � et aritc a ■d b R |rmq to %f&a•@fTata! . , Opal 46a 145 wwa��ar,_in.o;/I/ ,tarant-w_, .mer, , . a B6Z city,/ PICKER V v1 G Report to Council Report Number: LEG 07-18 Date: December 10, 2018 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Harry Vale Farms - Lease Agreement — Renewal - File: L-4630-002-18 Recommendation: 1. That Report LEG 07-18 respecting the City's lease agreement with Harry Vale at Highway 7 and Sideline 32, Pickering for the purpose of the operation of a farm be received; 2. That the said lease agreement be renewed for an additional two years ending December 31, 2020, and that the Farm Lease, substantially in the form set out in Attachment 3 to this Report, be executed by the Mayor and City Clerk, subject to such minor revisions as are satisfactory to the Director, Corporate Services & City Solicitor; and 3. That the appropriate City officials be authorized to take the necessary actions as indicated in this Report. Executive Summary: In 2017, the City purchased a portion of farm land from Ontario Infrastructure and Land Corporation ("10"), being approximately 50.7 acres, consisting of approximately 45.78 effective (arable) acres. At the time of the purchase, the lands were leased by Harry Vale for the purpose of the operation of a farm pursuant to a Farm Lease dated April 18, 2013 between 10 and Harry Vale (Attachment 1). A portion of that lease was assigned to the City and is expiring on December 31, 2018 (Attachment 2). Staff have received a request from Harry Vale for a lease renewal. Staff recommend to Council that a new lease be entered into between the City and Harry Vale granting a renewal for a two year term expiring on December 31, 2020. The new lease will be terminable by the City on six months' notice at any time during the renewal term (provided that the termination date is outside the growing season). The rental rate remains unchanged from the rental rate for the final year of the term under the assigned portion of the current lease. A two year renewal will not interfere with the future use of this site as part of the Seaton District Park. Financial implications: The recommended lease renewal for Harry Vale will generate $4,225,04 per year ($397.86 per month), plus HST, for the two year term. The rental rate remains unchanged from the rental rate for the final year of the original term. The rental rate is comprised of rent for each effective acre at a rate of $92.29 per acre. 146 LEG 07-18 December 10, 2018 Subject: Harry Vale Farms Lease Page 2 Discussion: In 2017, the City purchased a portion of farm lands from 10, being approximately 50.7 acres consisting of approximately 45.78 effective (arable) acres. At the time of the purchase, the lands were leased by Harry Vale for the purpose of the operation of a farm pursuant to a Farm Lease dated April 18, 2013 between 10 and Harry Vale (Attachment No. 1). A portion of that lease was assigned to the City and is expiring on December 31, 2018. Harry Vale has requested a [ease renewal. The current lease was assigned to the City by 10 (Attachment No. 2). To give effect to the renewal, staff recommend that the City enter into a new lease with Harry Vale substantially in the form set out in Attachment No. 3 to this Report. The term of the new lease will be two years from January 1, 2019 to December 31, 2020. The lands which are subject to the lease will, in future, form a part of a new Seaton District Park. These lands are located in the extreme north west corner of the Seaton Development Area, near the Innovation Corridor. Development of the Seaton District Park will not be required within the next two years, so the lease renewal will not interfere with the improvement or use of the future District Park. Attachments: 1. 2013 Farm Lease between Ontario Infrastructure and Lands Corporation and Harry Vale 2. Notice of Partial Assignment of Lease. 3. Prepared 2019 Farm Lease between the City and Harry Vale. Candace ashos, B.A. (Hons.), M.A., J.D. Assistant Solicitor CT:ks Ap�ro� d/Endorsed By: Pau[ BiOi Directo Oorporate Services & City Solicitor Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer 147 Land i�`TACHMEI 1 _J _TO REPORT# / , (41 ©' A Rental Unit:.A7/u38 ff Lease:ID: M73356 PropertyCode: J N70843f I' File. ID: P66..4 Region: CENTRAL - ND FARM LEASE (Land Only) THIS :Lease made in quadruplicate, as of April 18, 2013. IN PURSUANCE OF 11-1E SHORT FORMS OF LEASES ACT OF :ONTARIO BETWEEN: PREMISES TERM RENT AND: HER MAJESTY THE:QUEEN IN, RIGHT OF ONTARIO AS REPRESENTE>a BY THE MINISTER OF •• INFRASTRUCTURE, AS REPRESENT:ED BY .. ONTARIO INFRASTRUCTURE AND • LANDS CORPORATION herein called the "landlord" HARRY VALE 53 COULCLIFF BOULEVARD PORT PERRY, ON L9L :1.PB herein called' the "Tenant" - WITNESSETH that in consideration . of the rents reserved and the covenants and agreement herein contained to be paid; Observed and performed' by the. Tenant, the Landlord hereby leases to. the Tenant approximately 122.656 acres with .75.14 effective :acres more :or less,. es shown oittho site plan attached hereto as Schedule"A",.being Part of Lot 33, Concession :6,. City of Pickering,'Re ional Municipality. of:bu 3arn :in the.Province of Ontario.. The LandlOrd has agreed to poVde the Lands .(heren called the "Premises") to he: Tenantin an "os -15.7 condition. asof the Coriamencement Date: The Tenant.has agreed toaccept the Premises in such.conditian. TO NAVE, AN D TO :HOLD. the Lands for and during .the term, (herein .called the 'Term"), of five (5) years tbnirnencin.g on January 1, 2014, (herei'n .called the'Commencement Date") and ending on December 31, 2018, unless terminated earlier .pursuant to the provisions of this Lease. , YIELDING AND PAYING therefor, .during-the first.year of:the'terrn the sum of $6,11.48 per antrum, plug HST of $840:99 for a total. of $6,962.47,.commenting On .January ]., 2014, in '1841.1f money Of Canada .thlte.Landlord„ Ontario Infrastructureand .Lands Gorporation.cfo, DEL Managehent.Soltitions Inc., 310 Flwy,#7, Gi een River; R.R. I, Locust Hill, Ontario, L0H IJo, or:at such other place as the Landlord shall hereatter.desrgnate -in writing; The Rent payable under this 'Lease for the first year is comprised of rent for each effective ate -at a rate Of $820"0 per .acre as more particularly set out in Schedule "B" attached hereto. Itis agreed and understood that, except.as.expressly set out in .this Lease; the Tenantshall not be required to pay any -Rent ,or other cost associated with .the Tenant's'acctipancy of ,any. non -workable portionof-the Lands. IffheTerm coinrhences on any day otherthan the first :or ends on any day other than the last day of a rhonth, rent (herein called the "Renta) for the fractions of a month at the commencement and at the end .df the Term shall be adjusted :pro rata. INTENT OF PARTIES a) it is the intent ofthe-partiesthat, except as.expressiyherein set out, this. Lease shall be absolutely net -to the Landlord and the Landlord shall not be responsible for any expenses or obligations of any kind whatsoever in respect of, .or attributable to, the Lands; and . b) itis agreed and. understood that this Lease is deemed to not be a resident lease arid ttat•the;provisions of the Residential Tenancies -Act, 2000 or any.successor acts, and any other legislation applicable'to residential teriandes in Ontario, shall not•appiy to.this Lease. 2. TENANTS COVENANTS The Tenant covenants with the Landlord as follows: PAY RENT 1. To.pay Rent in accordance with the provisions of this Lease. TAXES 2. a) If, as .a result of a special assessment of the Premises due to any additions or improvements to the Premises by the Tenant or resulting from the Tenant's use and/or 148 occupation •of the premises, •the assessed value of the Premises increases, to pay to the: Landlord within thirty 3O)days of receiptafnoticetherefor, an amount, either in one lump sum or in installments as may be determined by the Landlord, .equal to the difference between the assessed value of the Premises following such additions, Improvements, use and/or .occupation of the premises and the 'assessed value of the Premises prior to such additions or improvements and use andf or occupation of the premises; and b) To pay to the Landlord an amount equal to, any and all goods and services taxes, sales taxes, value added taxes, business transfertaxes, or any other"taxes with respect to Rent payable by the Tenant to the Landlord underthis Lease, or in respect to the rental of space under this Lease, whether characterized as a goods and services tax, sales •tax, value added:tax. business transfer tax, or otherwise (herein called "Sales Taxes"). The amount of the Sales Taxes .payable by the Tenant shall be.paid to the Landlord at the same time as the amounts to which Sales Taxes apply are payable to the Landlord under the terms of this Lease or upon demand at such other time or times as the Landlord from time to time determines. NatWithstanding any other provision in this Lease, the amount payable by the Tenant under this Tenant's Covenant 2(b) shall be deemed not to be Rent, but the Landlord shall have:•all of the same remedies and rights of recovery of such amount as it has for recovery of Rent .under this Lease. UTILITIES .3. a) To pay all charges for all fuel and electricity used or consumed on the Premises; and b) To pay all charges for water used or consumed .on the Premises, provided that the water supply system serving the Premises is hooked up to a municipal water system:. USE OF PlEMISES 4. a) To use the Premises for the purpose of the operation of a farm, and for no other or improper purpose; and b) Not to change the type •of use permitted under Tenant's Covenant 4(a) of this Lease without the prior written consent of the Landlord, which consent .may be unreasonably withheld; and , c) To ensure that the Tenant's use ofthe Premises is subject to any Landlord's rules and regulations in place from time to time as per, Schedule "D" attached hereto. REPAIRS 5. To maintain the Land, at the Tenants expense in good repair and tenantable .condition throughout the Term, and to perform all other repairs that are not the express responsibility of the Landlord hereunder, and make good any defect .or want of repair andior replacement promptly upon receipt of written noticethereof from the Landlord; and ENTRY BY LANDLORD 6. a) To permit the Landlord, its servants or agents, to enter upon the Premises at any reasonable time throughout the Term for the :purpose of either inspecting or mai ing repairs, alterations or improvements ID the Premises; and b) To permit the Landlord, IN servants or agents., to enter upon the Premises at any reasonable tirne.throughoutfheTerm for the:purpose of inspecting, investigating, testng, surveying or any other activity relating to the improvement or development of the premises ind the management .of wood lots, the harvesting and sale Dr firewood and timber .and the removal and sale of -topsoil, stone, gravel, ail, gas or minerals (together herein colied the "Natural Resources"); and • g). The Landlord shall not be liable (Jr responsible many wayto the Tenant for any act, fault, breach or omission of the Landlord, its servants -and agents or for any occurrence, or for any cause :whatsoever, as ,a result of any entry by the Landlord under this Tenants Covenant b:, except that the :Landlord:shall compensate theTeriant, in accordance with the provisions of Schedule "C attached hereto, for any damage to the Tenant's crops resulting from such entry by the Landlord; and d) It is further agreed and understood that such entry by the Landlord shall 'not Se deemed to be a re-entry pursuant to Proviso 10 of this Lease. COMPENSATION FOR DAMAGE 7. To make good or compensate the Landlord for any damage to the Premises caused bythe negligent, reckless or wilful conduct ofthe Tenants servants, agents, employees, licensees ' or invitees. 149 --h NOTICE OF DEFECT 8. To give the .Landlord ,immediate .notice of any accident to or defect in the water system,. . , •eiet 1cal 'system, heating, ventilating. and eir-conditioning .system.or. any other system .serving the Premises which the Landlord is obligated to repair. ASSIGN OR SUBLET 9. Not to assign this Lease or sublet the whole .or any part of the :Premises or mortgage, pledge, charge or otherwise encumber this Lease or the Premises or any part thereof (herein collectively tailed a "Transfer") without :the prior written consent of the Landlord, which.conserntmay,be unreasonably withheld, The Landlord shall, within thirty:(3O) days after receipt nf:notice from the Tenant of its request forconsent to a Transfer accompanied by all such information, materials and. documentation .as the. Landlord shall reasonably require in order to make a decision regarding such request for -consent, -notify the Tenant in writing either: a). That. .it consents' or does not consent to .the Transfer requested by the Tenant hereundeq or SI That it elects to terminate this:Lease in preference to giving orrefusing its -consent to such Transfer. If the. Landlord elects to terminate this Lease, the Term and the tenancy, hereby created shall expire, withoutliabilityto the Landlord, nn the ninetieth (90th) day after such notice is. given, and the Tenantshell, within such ninety (90) day period, vacate the Premises and surrender them to the Landlord with the'>-ndIord:having the right to re- enter an. d repossess the Premises- discharged of this Lease and th expel all persons end remove all property therefrom. AR Rent shaft be due and payable bythe Tenant without reduction or abatement until such expiration dates.. The foregoing shall be subjettta the exception that the Tenant may, by notice deliveted bdthe Landlord Within fifteen i(15) days after receipt from -the :Landlord :of a noticenf-terrnination pursuant to the provisions of this Tenants Covenant 9, elect to continue this Lease as to ail of the Premises and not to assign or sublet, which event such notice ofterminationshall devoid.. NOT TO AFFECT INSURANCE I0. a) :Not to do or omit, or permit to. be done •er omitted,_ on the Premises anything which Shall cau.se the rate of insurance upon the Buildings to be increased and if the rate of insurance upon the Buildings shall be increased by reason of anything done orornitted, or permitted to be done or -omitted bythe Tenant, or anyone permitted by the Tenantto be uponthe:P.rernises, the Tenant shall, en demand, pay to the Landlord the amount of such increase; and - b) To permit. the Landlord, its servants or agents, to :enter .upon the Premises at any reasonable timethroughoutthe Temi to remove. any article or remedy :any.con.dition which, in the opinion of the Landlord, acting reasonably.,. leads or would be likely to lead to the cancellation of any policy of insurance as carried by the Landlord, provided that such entay IN the Landlord shall not be deemed to be a re-entry pursuant to Proviso 10 of this Lease and further provided that the 'Landlord, when exercising its rights of entry under. this Tenant's Covenant 10(b:), -shall use its best efforts to minimize any interference with the Tenant's use and enjoyment of the Premises. TENANTS COMPLIANCE WITH LAWS 11. To comply with a.11 provisions of law including, without limitation, aft federal and provincial legislative enactments, municipal zoning and building by-lawsand any federal, provincial or municipal regulations.which relate to the Tenant's use or occupation of -.the Premises. -or to the making of any repairs, replacements, additions, changes, substitutions or improvements that relate to such use or occupation by the. Tenant, including, without limitation, the requirement to keep the 'Premises clear of noxious weeds in accordance with the provisions. of the Weed Control Act, 12.50. 1990, as.amended,,oranysuccessor act. ANIMALS .12. To contain, confine and control any livestock. dr other animals of, or in the. care'bir;:fthe Tenant at all times throughout the Term, and to maintain, at the Tenants fences and enclosures required for such purpose, and to ensure that all such"Iivesk'ock or other animals are cored for and treated in accordance with :the minimum sritards.': required by ail applicable requirements of any relevant Authority!, inelutifng,r•wi hout., -limitation; :the provisions of the Ontario Society for the Prevention of Crueltto:Animals Act, R.S.O. 1990, :c..0.35, as amended, or any successor act. - ACCESS 13.. To keep any lanes, roadways or yards serving the Premises :open at all times to permit vehicular ingress and egress for all persons entitled thereto, including, without iimitaiion, ali rights of way running over the Lands, .Whether ornot registered on title, in place -for the benefit of owners and users:of•lends adjacent to -or nearby the Lands. 150 151 WASTE 14. a) Not to permit any waste, damage, disfiguration or injury to the Premises or to the fixdffes and equipment of the Buildings or any overloading of the floors of the Buildings; and b) To ensure. the .prompt. disposal of all waste accumulated in any portable sewage system located .on, or serving the Premises, as would a .reasonably prudent owner of similar lands.' NUISANCE 15. Not to 'use or permit the use of any part of the Premises for any dangerous, noxious or offensive bade or business or cause or permit any nuisance in, at or.on the Premises. TENANTS INDEMNITY 16. To indemnify and save harmless the Landlord against and from any and Al •claims, including, without limitation, all claims for bodily injury or property damage arising from the conduct of any work or by br through any act or omission of the Tenant or any assignee, subtenant; agent, contractor, servant, employee; invitee or licensee of the Tenant, and against and from all costs, counsel fees, .expenses and liabiiities incurred in or aboutranysuch claim or any action or proceeding brought thereon. EXHIBITING PREMISES 17, To permit the Landlord, its servants or agent, to exhibit the Premises to prospective tenants at any reasonable time during the last six (6) months of the Term, and, if so required by the Landlord, to permit the Landlord to erect such signs on the Premises advertising the Premises For rent at any time during such portion of the Tetrn, as the Landlord may deem appropriate. CONS RUCTION LIEN 18. Not to suffer or petmit during the Term any construction .liens or other liens for work, labour; services or materials ordered by the Tenant or for the cost of which the Tenant may be in any way obligated, to attach. to the Premises and that whenever any such liens shall attach or claims therefore shall be filed, the Tenant shall, within five (5) days after the Tenant has notice of the claim or lien, procure the discharge thereof by payment or by giving security or in such other manner as is or may be required or permitted bylaw. The Tenant further covenants that whenever and so often as a certificate of action is registered relating to any of the liens referred to in this Tenant's Covenant 18, the Tenant shall, within ten (10) days after the Tenant has notice of the registration of such certificate of action, have the same vacated. AUTO STORAGE 19. Not to store or house., or permit the storage or 'housing of, any automobiles, trucks, tractors or:other equipment having internal combustion en.gines:in any Building otherthan those Buildings specifically designated for such purpose. NATURAL RESOURCES 20.. To safeguard and protect all Natural Resources on the Premises in their natural state, including •providing :fencing Where necessary to restrain persons or dornestic animals from any use or trespass thereon, and not to remove or permit the removal of Natural Resources from the Premises without the prior written consent of the Landlord, including, without limitation, the cutting of any trees. FALL PLOUGHING 21.. In the event that this Lease is cancelled by the Landlord or the Tenant pursuantto Proviso 12 of this Lease, to permit, upon receipt of written notification from the Landlord, access to the Premises for the purpose of fail ploughing byfu.ture tenants of the Premises, providing that such access .does not occur until after the conclusion of theharvest season, the duration of such season to be determined by the Landlord, acting reasonably. PEST CONTROL 22. To spray the Premises where required with pesticides, as would a .reasonably prudent owner of a similar farm operation, in accordance with the requirements of:ahyAothorityt_. including, without"limitation, the 'pesticides Act, R.S.O. 1990, c.P.n, as amended, or any successor .act INSURANCE 23.. a) To obtain and maintain, at the Tenant's expense, throughout the TTrin..and..any renewal thereof; i) "ATI perils" insurance on the fulkreplacement cost thereof, insuring all property of the Tenant, property for which the Tenant is legally liable or property installed by the'Landlord on behalf of the Tenant, including any improvements, alterations or additions of the Tenant; and ii) Comprehensive general liability insurance .written on a comprehensive 'basis with inclusive limits of not less than Two Million Dollars ($2,000,000..00) per occurrence, or•suchhigher limits as the Landlord may reasonably require from time to time; and b) All of the foregoing insurance. policies shall contain provisions for cross -liability and shall be taken out and keptin full force and effect in the names of the Landlord and the Tenant, as their respective interests may appear. All of the policies shalt contain an undertaking by the insurers to notify the. Landlord in writing not less than thirty (30) days prior to any material change, cancellation or termination: The Tenant: agrees to deliver cerh0cates .of insurance issued by the insurance underwriter or, if requested by the Landlord, complete certified copies of policies of insurance to the Landlord within thirty (30) days after the placing of the required insurance: ENVIRONMENTAL CONTAMI- NANTS 24. a) To use its continuing effort throughout the Term and any renewal thereof to ensure that no part of the Premises is used, without limitation, to generate, manufacture, refine, treat, transport; store, handle, dispose of, transfer or produce any Environmental - Contaminant ("EnvironmentaE Contarrrinant" includes any hazardous or toxic substances or Materials; including, without limitation, products of waste, contaminants, pollutants, dangerous substances, :noxious substances, tonic substances, hazardous wastes, flammable, explosive or improperly handled friable materials including asbestos, PCBs and, substances or anyother materials declared or defined to behazardous, toxic, contaminant or pollutant in or pursuant to any law of any authority), except if required in the Tenant's use of the Premises, and then only in strict compliance with all applicable laws of any relevant authority, including, without limitation, environmental, land use, .occupational health and safety laws, regulations, requirements, :permits and by-laws;. and b) To notify the Landlord immediately in the event that the Tenant receives notice of any violation of any environmental taw or that any order of an .administrative tribunal or any authority is made or is proposed to be made against the Tenant in respect of any Environmental Contaminant'in,. on Or near the Premises, and to notify the Landlord iimrnediately of any discharge,.refeaseor discovery of. any Environmental Contaminant in or on any part of the Premises; and c) Itis.agreed and understood that any Environmental Contaminant approved for use for farming purposes by Agriculture Canada or any other relevant authority shall be excluded from the requirements of this Tenant's. Covenant 24, provided that the use of such Environmental Contaminant on the Premisesis approved of in wilting in advance by the Landlord, such approval not to be unreasonably withheld, and further provided that such use is to be for the sole purpose of operating a farm under the terms and conditions of this Lease. 3. LANDLORD'S COVENANTS The Landlord covenants with the Tenant as follows: QUIET EN]OYMENT 1: For .qulet enjoyment. REALTY TAXES 2.. To pay,.subject to the provisions of Tenant's Covenant2(a), all taxes (including any grants in lieu of taxes,. as applicable) and rates whether municipal, parliamentary or otherwise, levied against the Premises, or against the Landlord on account thereof. REPAIR 3. Not applicable LANDLORD'S INDEMNITY 4. To indemnify and save harmless the Tenant against and from any and all clains,�including, :. without limitation, all claims for bodily injury or property damage arising from the conduct of any work or :by or through any act or omission of the Landlord .or any assign'ee, - suolandlord,agent, contractor, servant, employee, invitee or iicensee of the;Lnndlord and against and from all costs, counsel fees, expenses and liabilities incurred in drabout;.any such .claim or.anyaction or proceeding brought thereon, save and except for any damage. arising from the negligent act or omission of the Tenant or those for whom the Tenant is, in law, responsible. 152 LANDLORD'S COMPLIANCE • WITH LAWS INSURANCE ACKNOWLEDGE- MENT 6. The Tenant acknowledges that the Landlord in respect of damage to the Premises is self insured and in respect of third party liability maintains a comprehensive blanket policy of insurance, and,therefore, shall not require the Landlord to obtain any additional insurance. 5. To comply with all provisions of law including, withoutlimitation,.all federal and provincial le,gislativeenactments, municipal zoning and building by-laws and any federal, provincial or municipal regulations which relate to the Premises or to the use oroccupation:thereof or to the making of any repairs, replacements, additions, changes; substitutions or improvements of or to the Premises -or any partthereof. SUPPLY OF WATER 7. Where the water supply system serving the Premises is hooked up to a municipal water system or well and will be maintained at the Tenant's expense, pursuant to Tenant's Covenant 5, reasonable weer and tear excepted. MAINTENANCE • OF RIGHTS •OF WAY 8. To maintain all rights of way and other.roedways located on iands owned by the. Landlord adjacent to the Lands in good repair and operable condition throughout the Term and any renewal thereof, to ensure that the Tenant, its servants; agents, employees, licensees and invitees, shall be provided with satisfactory access. to the Premises in common with all others entitled to the use thereof. 4. PROVISOS LANDLORD'S DEVELOPMENT RIGHTS 1. The Landlord shall have the right to improve and develop the Premises, including the management of Natural Resources, at any time throughout the Term. The Landlord's rights under this Proviso 1 include, without limitation, the right to grant easements and rights of way over the Premises, provided that the Landlord shall compensate the Tenant for all damage to .crops suffered by the Tenant resulting 'from the 'exercise of the Landlord's rights under this Proviso 1, in accordance with the provisions of Schedule "C' attached hereto. The Tenant covenants to cooperate with the Landlord to the extent required by the Landlord in respect of the Landlord's granting of easements and rights-of-way as contemplated under this Proviso 1, including, without limitation, giving a partial surrender of this Lease with respect to the portion of the Premises affected by the grant of any such easements and rights-of-way. PERSONAL PROPERTY 2. a) All personal property of the Tenant of any kind or description whatsoever, stored or otherwise located on the .Premises, shall remain on the Premises at the sole risk of the Tenant and the Landlord shall not be liable for any claims resulting from damage to, or loss ' of, such personal property; and b) All personal property of any kind or description ieft•on the Premises as of the date of termination of this Lease, whether by passage of time or otherwise, .shall be deemed to have been abandoned' by' the Tenant unless prior written arrangements have been made between the parties. The Landlord has the right to dispose of any ;such abandoned personal .property without notice or compensation to the Tenant, and the Landlord shall be entitled to recover from the•Tenant its reasonable costs of disposing of such abandoned personal property. OVERHOLDING 3. If the Tenant, with the consent of the Landlord, remains in possession of the Premises after the date fixed for the expiration of the Term or any renewal thereof without any further written agreement, the Tenant shall be deemed to be a tenant from•'m'orith:to month at the monthly rental reserved by this Lease and otherwise on the terms, and conditions contained in this Lease except.as to length of 'tenancy. FD:TURES 4. ' a) The Tenant may, at any time during the Term Dr any renewal thereof.,, remove any fixtures inSlalled by it on the Premises; and b) TheTenant will compensate the Landlord for any damage caused to the Premises by such removal. 153 UNActOIDABLE . DELAYS :5. :RIGHT OF WAY 6: ALTERATIONS 7. NOTICE OF ALTERATIONS REIN1OVAL. OF -ALTEI3ATION5 the event that -the Landlord or the Tenant Shall be.delayed or hinder'ed in or prevented from the performance efany act requiredhereunder by reason of strikes, lockouts, labour trouble, civil commotion., riots, insurrection, war, inability to procure labour, materials or services; acts of.God, weather, power failures, restrictive laws or regulations or any other , reason beyond the reasonable, control of the Landlord or the Tenant, .as the case may be, then perfOrfnance of such act shall be excused for the period of thedelay and the tirne allOtted for the performance of:any:such act snail be extended for a period of time. equal to the:period OrStith delay. _ If the Premisesare now or hereafter served. by any alley, easement or right-of'way, the Tenant; her .seniarits.„ agents, employee, licensees :and invitees shalt have full right of ingress:and egress oVersucti alley, easement or right-of-way in common with .al! .others entitled thereto. The Tenant may, at jts own expense, make such alterations, additions and improvernenls to the Premises as it may consider fiecesSary from time to time during the Term subject to the prior written consent of the Landlord. No alterations shall be made to the frame or permanent structure of the Buildings, and no contour changes or other changes to the grading or levet shall be made to the Lands. 8. The Tenant shall give the Landlord notice .of its:intenrOn tolnakealkerations, additions or imprdvernerifs to the•Premises and, upon request( shall supply the 'Landlord with plans of the proposed alterations, :additions or improvements, 9, a) The Tenant may, at its optiOn„ remove anralteratio.ns, additions or improvements. made by it in the Premises; and b) The Tenantwill.compensatethe'Landlort for any damage caused to the Premises by the removal -of:such alterations, additiOns or improvements. a) Each of thefollowing shall be an event.of default of the Tenant: i) Whenever the Tenant defaults on the payment d'any Rent and such default continues for fifteen (15) days after notice to the Tenant Of .s.uch default; or ii) Whenover the Tenant defaults on the performance of any of its obligations under this Lease; or - D.FEAut-T 10, 11) If the Tenant_ is adjudicated to b.e Insolvent or :makes an .assignment for the benefit of treditcirs or in bankruptcy oris declared bankrupt, Pr takes Me benefit of any legislation in,:force for' bankrupt -or insoiventdebtors .or y any proCeedings, a re taken by .or -against the. Tenant under any winding -up legislation, .or if the Tenant makes or attempts to make a sale in bulk of any of assets, wherever situated; Other than a buiksale. ma de to a transferee permittedunder Tenants:Covenant-9 of this.tease; or iV) If the Tenant v-ecatesor abandons ,:or :atternpfs to vacate or .abandon the Premises or -any portion Meretiqwhith does not include temporary vacancy orion- use for' a 'longerperiod where necessary to accommodate the carrying -out of renovations •on the Premises). b) Upon any .event.Pf default of the Tenant as -further .provided in Proviso 10(a), In addition:to any other remedy which the Landlord may have by this Lease or at law .or in equity, the Landlord may, at its option: 1) re-enter :and take possession .of the Premises and 'the Term shall befo#eited: and void in such .event; and/or . • - . . ii) enter the Premises as agent of the Tenant, either by force -,or Without being liable for any prosecution -therefor and without being -deemeato3-iagre terminated this Lease, and re -let the Premises orany part thereof as theagent of the Tenant, and receive the rent therefor to be applied on account of th-e Rent; end/or fil) exercise its right of distress and the Tenant hereby waives any present or future limitation on the Landlords right of distress. 154 In event that the Landlord chooses to exercise its remedies under this Proviso ID, the Landlord may, in addition to any other rights nr remedies it has pursuant to this Lease or at law, expel all persons and remove all property from the Premises and that such property may, at the Landlord's option, be removed and sold or disposed of' by the Landlord by public auction or otherwise, :and either in.bu€k•or by individual item, or as the Landlord in its sole discretion :may decide, and the Tenant agrees that the proceeds of such sale or disposition shall be applied by the Landlord firstly, to the .payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; and secondly, to the payment of Rent.due and unpaid hereunder. TENANT'S DEFAULT 11. If the Tenant defaults in the observance or performance of any of its covenants or agreements .contained in this Lease, the Landlord may, at its option and upon such reasonable notice as the circumstances warrant, remedy such default and deduct the reasonable cost ofsuch action from the Rent. CANCELLATION 12. a) The Landlord shall have the rightto cancel this Lease:or to reduce the acreage of the Lands leased under this Lease at any time during the Term by giving the Tenant not less than six (6) months.prior written notice of cancellation or reduction, as the .case may be, provided that the effective date of such cancellation or reduction shall be at any time between September 3.0th and March 31st of the following calendar year and further provided that, in the case of cancellation by the Landlord, the Tenant shall deliver vacant possession of the Premises on or before the effective date of such cancellation. In the • event that the Landlord decides to reduce the tillable acreage of the Lands, the Rent shall be reduced on a pro rata basis as of the.effective date of such cancellation and the Tenant will be compensated for any .foss of crops resulting from such reduction cif Linable acreage In accordance with Schedule "C" attached hereto. In the event that the Landlord sells, conveys or otherwise transfers its interestin the Premises, the Landlord's successor. intitie shall have all the rights and obligations of the Landlord under this Lease, including the right to cancel this Lease or .reduce the area of the Lands leased hereunder, as further provided for in this:Proviso 1.2, and b) The Tenant shall have the right to cancel this Lease at any time during the Term by giving the Landlord no less than six :(6) months prior written notice, provided that the Landlord receives prior written notice of such cancellation from the Tenant on or before September 1st of any calendar year and further provided that the effective date of cancellation of this Lease pursuant to such notice accompanied by the provision by the Tenant of vacant. possession of the Premises shall be any time:between December 1st of the same calendar year end March :31st of the following calendar year, unless .otherwise agreed by the Landlord, and c� During an Overhold period, the Tenant will be. deemed a monthly tenant and the i andlord or the Tenant shall have the right to cancel the tenancy of the Lands leased under this Lease at any time by giving not.less than thirty (30).days prior written notice of cancellation or reduction, pursuant to Commercial Tenancies Act. NON -LIABILITY OF LANDLORD 13 The Landlord shall not, in any way whatsoever, be liable or responsible in any way for any personal injury or death that may be suffered or sustained by the Tenant or any employee of the Tenant or any other person who .may be upon the :Premises or for any loss of or damage or injury to any goods or,chattels .whatsoever belonging to the Tenant or his employees or to any other person while such goods and.chatteisare on the Premises, and, for greater certainty and without limitation, the Landlord shall not be liable for any damage to any goads and chattels caused by steam, water or snow which may leak into., issue or Flow from any part of the Buildings or from the water, steam', sprinkler or drainage pipes or plumbing works:ofthe Buildings orfrom .any other place or any other adjacent lands or for any other damage caused by, or attributable .to, the condition or arrangement of any electrical or other wiring comprising any electrical systems serving the Premises: NON -WAIVER 14 No condoning, excusing or overlooking by the Landlord or Tenant of any defaul ,breach:or -: non -observance by the Tenant or the Landlord at any time or times in iespect ol• any • covenant, proviso or condition herein confined shall operate as a waiver oftheLandlords' . or the Tenant's rights hereunder in respectof any continuing or subsequentdefaulty�breach or non -observance, or so as todefeat or affect in any way the rights of the Landlord or:the. Tenant herein in respect of any such 'continuing or subsequent default or breath, and no waiver shall be inferred from orimplied by anything done or omitted by the Landlord or the Tenant, save only an express waiver in writing. 155 NOTICES 15. .Any notice required or contemplated by any provision of this Lease shall be given in wilting enclosed in a sealed envelope addressed in the case of notice to the. Landlord, Ontario Infrastructure and. Lands Corporation in care of DEL Management Solutions .Inc., 31.0 Highway 7, Locust Hill, Ontario LDH 11.0 and in the case of notice to the Tenant to the address shown on the first page, and. mailed, faxed, by courier and/or registered and postage prepaid. The tirne of giving of ch :notice shall be:conelusively deemed ta be the third business day after the day of such mailing. - Such notice shall also be sufficiently: given if and when the same shall be delivered, in the caseof notice to the Landlord to an authorized legal agent and, in the case of notice to the Tercantto an executive officer of the Tenant at th.e above -noted addresses. Such notice, if personally delivered, shall be conclusively deemed to have beep given and received at the time of such delivery. ENTIRE AGREEMENT 16.. The Tenant and the Landlord ack)iawledges thatthere are no covenants, representations, warranties, agreethents. or conditions, expressed of Implied, collateral or otherwise, forming part of or in any way affecting or relating to this Lease save as expressly set out in this Lease and thatthis Lease constitutes the entire agreement between the Landlord and the Tenant 'and may not be modified except as herein explicitly provided or except by subsequent. agreement in writing of equal formality:hereto executed, by the Landlord and the Tenant. Schedules "A", "B", "C" and "D" attached hereto form part of this Lease. REGISTRATION 17.. The Tenant may, at its option .and at its sole c=ost and expense,. register a notice of this Lease in the applicable Land Registry Office, provided that the form of Such notide shall be subject to the priorwriti:en approval of the Landlord. SEVERIBIt1TY 18. The :Landlord and the Tenant agree that all of the provisions .of this Lease are to be construed as .covenants and agreements as though the words importing such covenants and agreements were used in each separate paragraph hereof. Should any provision or provisions of this Lease be illegal or not enforceable, it.or they shall be considered separate :and.severabie from this Lease and its remaining provisions shall remain in force and be binding :upon the parties hereto asTaugh the said provision or provisions had never been included' INTERPRE- TATION 19. The words "herein", "hereof'', "hereby", "hereunder", "hereto", "hereinafter", and similar expressions refer to this Lease and not to any particular paragraph, section or other portion thereof, unless there is something in the subject matter or context inconsistent therewith. HEADINGS AND CAPTIONS 20: EFFECT OF LEASE LAWS OF ONTARIO The headings and captions appearing in the margin of this Lease have been insetted as a matter of convenience and for reference only and in no way define, limit or enlarge the scope or meaning of this Lease nor any of the provisions hereof. 21. This Lease and everything herein contained shall operate to the benefit of any, and be binding upon, respective, successors, assigns and other legal representatives as .the case may be of each of the parties hereto subject to the granting of consent by the:Landlord as provided: herein to any assignment or sublease, and every reference herein to any party hereto.shall include the successors., assigns and other legal representatives of such party. 22. This Lease shall 'be governed and construed in accordance with The laws of the ProVince of Ontario. BINDING ON LANDLORD 23. FREEDOM OF INFORMATION 24. This Lease shall not be binding upon the Landlord until it has been executed by -the Oniario Infrastructure and Lands Corporation, acting as agent on behalf of Her MajesLy_the,Queer :. in right of Ontario as represented by the Minister of Infrastructure. The Landlord, having a responsibility under the Freedom .of Informaiaon.and Proterytiourbf Privacy Act, R.S.0..1990, c.F.31, as amended, or any successoract, is hereby grarstedthe permission and authority by the Tenant to release a copy of this Lease, or any portion thereof, upon the request of the Information and PrivacyCommissioner. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 156 SIGNED, SEALED AND DELIVERED in the presence of; EXECUTED BY the Tenant on this 2- day of peri( ,2413 /i Per: `rL Witness Sin Lure ' �� HARRY VAL 01 LAG Ci Print Witness Name SIGNED, SEALED AND DELIVERED EXECUTED BY the Landlord on this 31 day of IAA int , 2413 HER MAJESTY THE QUEEN, IN RIGHT OF ONTARIO, AS REPRESENTED BY THE MINISTER OF INFRASTRUCTURE, AS REPRESENTED BY ONTARIO INFRASTRUCTURE AND LANDS CORPORATION Per: ell/ 5.4 -MA -NT frir 6y' _]dice -President, Asset Management Central Region 6 --TA . Au#horized Signing Officer 157 • SCHEDULE "A" Leas e ID: M73356 HFeID: P664 Rental Unit ID: A71038 Part of Lot 33, Concession 6 -city of Pickering, Regional Munjcipatity or Durham and containing approximately 75.14 effective acres in an area cont3inhg a total of • approximately 102.656 acres more or less and shown hatched in blue on the map belOw., SCHEDULE nB}r Lease ID; M73356 File ID: P664 Rental Unit M: A71038 RENT: JANUARY 1, 2014 TO DECEMBER 31, 2014 Land $513.46 per month plus HST of $66.75 for a monthly total of $58021 (75.14 effective acres at a rate of $82.00 per acres) MONTHLY RENT EFFECTIVE JANUARY 1, 2014: $580.21 RENT: ]ANUARY 1, 2015 TO DECEMBER 31, 2015 (with a 3% increase over prior. year) Land $528,86 per month plus HST of $68.75 fpr a monthiy total of $597.61 MONTHLY RENT EFFECTIVE: JANUARY 1, 2015: $597:.61 RENT: JANUARY 1, 2016 TO DECEMBER 31, 2016 (with a 3% increase.over prior year) Land $544.73 per mont'n plus HST of $70..81 for a :monthly total of$615.54 MONTHLY RENT EFFECTIVE JANUARY 1., 2016; $615.54 RENT: JANUARY 1, 2017 TO DECEMBER 31, 2017 (with a 3% increase over prior year) Land $561,07 per month plus HST of $72.94 for a monthly total of $634.01 MONTHLY RENT EFFECTIVE JANUARY 1, 2017: $634.01 • RENT: JANUARY 1., 2018 TO DECEMBER 31, 2018 (with a 3% increase over prior year) Land $57.7.90, per month plus HST of $75.13 for a monthly tots! of $65'3.03 MONTHLY RENT EFFECTIVE JANUARY 1, 2018: $'653.03 159 4 SCHEDULE "C". COMPENSATION FOR CROP DAMAGE Where crops have been :damged' by the Landlord, her servants or agents .or any other person or persons authorized by the Landlord, damages shall be paid for any cultivated crop on the following basis: For each acre of damaged. crop, an amount equal to the returns of ane hundred (10D) bushels of Ontario No. 2 yellow corn ai: a price per bushel quoted in The Globe and Mail newspaper on the date the damage was: incurred. 160 SCHEDULE "D" DEFZNrON OF A FARM A propertythat is presently being used for, or is capable of, growing forages, field crops or the pasturing of livestock which is eligible for assessment as Farm land under the Assessment Act, .and the Tenant possessing a current and valid Farm Business Registration number. RULES OF GOOD FARM PRACTICE 1. The Tenant agrees to carry out proper cultivation practices in compliance with recognized crop production methods. 2, All manure shall be promptly removed from the immediate barn area and shall not be placed or be permitted to lie against the walls of any buildings on the said property. 3.. Areas under cultivation must be tilled and .fertilized annually and shall be seeded down in a good and workmanlike manner with a mixture of legumes and grasses equivalent to the current "Feld Crop Recommendations for Ontario" published by the Ministry of Agriculture and Food. Crops shall be rotated as required in accordance with recognized standards so as to prevent impoverishment or depreciation cif the soil's productivity. 4. All straw and manure arising out of the farm operations must be utilized in fertilizing the areas under cultivation or grazing in each and every year of the lease, including the last year. It must not be removed from the property or otherwise disposed of without the approval of the landlord in writing. 5:. Commercial fertilizer shall be applied in all seeding including intertiiled crops and the Landlord shall have the right to require the application of adequate quantities of commercial fertilizer as indicated by soil analysis. 6. The responsibility for control of noxious weeds as laid down in the Weed Control Act of Ontario shall rest upon the Tenant and the Landlord 5ha1l have the right to have the weeds destroyed at the expense of the Tenant. 7, All seed grain sown shall be of a quality equivalent to or better than the ".Commercial" grade as defined by the Seeds Act, Canada Department of.Agriculture. 8. All orchard, fruit, shade or ornamental trees on the property shall be carefully pruned and • cared for as .often as they may require it and protected from horses; cattle or sheep. 9. All woodlots, beaver or muskrat swamps, watersheds, ponds or springs shall be preserved in their natural state:and where necessary fenced to restrain persons or domestic animals.from use and trespass thereon. 10. The Tenant shall keep all underdrains, ditches or watercourses open and free from obstructions and in good running order and the Tenant shall exercise normal erosion control. 11. The Tenant agrees that the number of head of livestock kept on the property shall at all times be in proper relationship to the acreages cropped and/or grazed. 161 .r?-> Ontario Infrastructure Ontario PropertyServices :Services:de gestion d'immeubles DEL Managernent Solutions Inc. 310.Hig:hway 7, RR'1 Locust Hill, ON :LOH 1J.0 905 472 7300 Tei 905 4722784 Fax July 17, 2017 Mr, Harry Vale 30 Roy Harper Avenue Aurora, ON L4G' 0V4 Dear Mr. Vale: CBRE Limited. .1,0 Property and Land Management;Services. 18 King 5treet East, Suite 11.00 Toronto; ON M5C'1C4 180 14001. 'QMI,S I MoOli • ATTACHMENT# (= TO REPORT# 6 " ! .of.� RE: Partial Assignment of Lease by Landlord Part of Lot 33, Concession 6, City of:Pickering Rental Unit: A71038 File ID P664 Lease Ilk M73356 Please be :advised that, the Landlord, Ontarib Infrastructure and Lands .Corporation CIO") has sold 'a portion of your leased property to The .Corporation of the City of Pickering (the "City") and therefore a portion of your lease .(50.7 total acres with 45.78 effective acres) was assigned to the City, as shown shaded in gold and hatched in black the enclosed map. Please find enclosed a Notice of a Partial Assignment of Lease (the "Notice") by Landlord for the above mentioned property. In addition to the Notice, enclosed you will findtwo schedules detailing your rental payments. One schedule details the rental payments that are payable to the City and the other details the payments that are still payable to IQ. Since your rent has been paid until December 31, 2017, effective January 1, 2018, your rental payment to 10 will be $189.93 per month and your payment to the City will be $386.28 per month. Please review the enclosed Notice and• Tent schedules and if further information is. required., -please contact the undersigned at 905-472-7300 extension 228. Yours .truly, DEL Management Solutions Inc. Donna _M. Kerr Senior Property Manager 'Encl: Four (4) cc: Paul Bigioni, City sof Pickering ht}yi}yp��s11lOpropectysenricas.cbre.carn 1.877.590,509-0 . -, - . ` ioRropertytenrices cbfa, • S,T cam. �- st '" ti i a _r• .-�� .a.' ,.rt:. 'i. iY ''*i � �Yt_ � rd+ :YfJc-atn.?._y'� h,` '•.. •+ .7-S' r� • 1 NOTICE OF PARTIAL ASSIGNMENT OF LEASE BY LANDLORD TO: Harry Vale (the "Tenant") 30 Roy Harper Avenue - Aurora, ON L4G 0V4 Reference: M73356, A71038, S664 ONTARIO. INFRASTRUCTURE AND LANDS CORPORATION (the "Landlord") hereby gives notice that by a Partial Assignment of Lease, with respect to the lease dated the 18th day & A.pri:l, 2013 and made between'the Landlord and the Tenants (the 'Lease"), and under which the Tenant holds certain lands and premises as identified in the Lease and ori the terms and conditions contained in such Lease, the Landlord has assigned all rights and obligations of the Landlord under the Lease to The Corporation of the City of Pickering. This Notice constitutes a direction to pay a .portion of the rent (as detailed itt the attached schedules) henceforth due under the said lease to the Corporation of the City of Pickering at: The Corporation of the City of Pickering Legal Services One The Esplanade Pickering, ON L'IV 6K7, ATTENTION: Paul Bigioni commencing with the rent due on the 1st day of September, 2017, and for so doing this shall be your good and -sufficient authority. All other lease relatedinquiries including requests for maintenance (where applicable) can be directed to: Paul .Bigioni at the City of Pickering Telephone: (905) 669-5571 x220 DATED at Toronto this 17th day of July, 2017. HER MAJESTY THE QUEEN, IN RIGHT OF ONTARIO, AS REPRESENTED BY THE MINISTER OF INFRASTRUCTURE, AS REPRESENTED BY ONTARIO INFRASTRUCTURE AND LANDS CORPORATION Per: Grah"'Martin Vice ;President— Seaton Development 163 Date: 4/22/2016 0 125 250 500 Name: PIN 263870019 and Park Meters 164 Schedule B - Harry Vale Partial Assignment of Lease IV173356 Lands retained by 10 After the sale to the City of Pickering, the lease contains a balance of approximately 42.61 total acres with 22.51 effective acres more or less.' Jan 1/17 to Dec 31117 $ 168:08 per month plus HST $ 168,08 plus HST -S.2185 $ 189.93 Total Due per month for 2017 Jan 1118 t� Dec 31118 $ 173.12 per month plusHST '$ 173,12 plus HST $22.51 $ 195.68 Tata) Due per month for 2018 Schedule B Y- Harry Vale Partial Assignment of Lease M73356 City of Pickering Transfer area contains approximately. 50.7 total acres with approximately 45.78 effective acres more or Tess. Jan 1117 to Dec 31117 (3% increase over 2016) $ 341.84 per month plus HST $ 341..84 plus HST $ 44.44 $ 386.28 Total Due per month for 2017 Jan 1/18 to Dec 31/18 (3% increase over 2017) $ 352.09 per month plus HST $ 352.09 plus HST $ 45,77 $. 397.86 Total Due per month for 2018 Tenant pays rent in advance and has paid all rent due up to December 31, 2017. ***10 adjustment to City of Pickering is $386.28 x 9 = $3,476.52 (April to Dec 2017) ATTACHMENT# TO REPORT# .L 6,1 p .of. j 3 Farm Lease (Land Only) This Lease is made as of the day of November, 2018. Between: The Corporation of the City of Pickering. (the "Landlord") -and- Harry Val'e<<„ (the "Ten4 • 1. Premises In consideration of the rents reserved and `e,, enants and agreements herein contained to be paid, observec3�apd perform -1'057k the Tenant, the Landlord ?nom -,ter � '� •? leases to the Tenant approxirrtat l_.y 5.0.7 acres• r, :k45.78 effective acres more or 'fess, as shown on the site pat ci digs Sch d le "A" (the "Premises"), being a portion of the [ands legally des, bed as ..,',1,45-, rfof Lots 3 and 34,'Concession 6, Pickering, designated as Part 4, POin 4O1R-2872-�4 t e 'Lands"). The Landlord has agreed to,provid'e th(e l?remises� o he Tenarihn an as -is condition as of the Commencemer}tDate The�Tenanf s agreed to accept the Premises in such condition. -'- 167 2. Term i �[L The`teim of-. nuary 1, 201(fhe "Gornmencement Date") and ending on December 31, Leasecshall be two (2) years (the "Term") commencing on vrA 20, unless term hated earlier pursuant to the provisions of this Lease. - :,' (1) Th'kena"rifshall pay to the Landlord as Rent throughout the Term the sum of $4;225.04 per annum, plus HST of $549.26, for a total.of $4,774:30, commencing on January 1, 2019, in lawful money of Canada and as more particularly set out in Schedule "B" (the "Rent"). The Rent payable under this Lease is comprised of rent of each effective acre at a' rate of $92.29 per. acre. (2) If the Term commences on any day other than the first day of a calendar month or ends on any day other, than the last day of a calendar month, Rent for the fractions of a month at the commencement and at the end of the Term shall be pro -rated on a per diem basis based upon 365 days. (3) It is agreed and understood that, except as expressly set out in this Lease, the Tenant shall not be required to pay any Rent or other costs associated with the Tenant's occupancy of any non -workable portion of the Lands. 4. Intent of Parties (1) It is the intent of the parties that, except as expressly set out herein, this Lease shall be absolutely net to the Landlord and •the Landlord shall not be responsible for any expenses or obligations of.any kind whatsoever in respect of, or attributable to, the Premises: (2) The parties agree that this Lease is deemed to not be aTesidential lease andthat the provisions of the Res_rdential Tenancies Act` 2,006, S.O. 2006, c. 17, or any successor acts, and any other legislation appiica_ble to residential tenancies in Ontario shall not apply to this Lease. 5. Taxes (1) If, as a result of a special assessment of the Premises due to any additions or improvements to the:Premisesbythe Tenant or resulting from the Tenant's use and/or occupation of the Premises, the assessed value of the Premises increases, the Tenant shall pay to the Landlord within thirty (3d) days'of receipt of.notice from the Landlord, an amount, either in one lump; -sum or in instaimentsas may be determined by the Landlord, equal to:the difference between the assessed value of the Premises following such additions, improvements, use and/or occupation of the Premises and the assessed value.of the Premises prior to such additions or improvements and use and/or occupation of the Premises. (2) The Tenant shall pay to the Landlord an amount equal to any and all goods and servicest`axes, sales taxes, value added taxes, business transfer taxes,- or any other taxes with respect to Rent payable by the Tenant to the Landlord under this Lease, or in respect to the rental of land under this Lease, whether characterized as a goods and services tax, saleS4ax,'ilaltlie added tax, business transfer tax, or otherwise (colleefivel1, "Sales Taxes"). The amount of Sales Taxes payable by the Tenant -Shall be paid to the Landlord at the same time as the amounts to which Sales Taxes apply are payable to the Landlord under the terms of this Lease or upon demand at such other time or times as the Landlord from time to time determines. Notwithstanding any other provision in this Lease, the amount payable by the Tenant under this Section shall be deemed not to be Rent, but the Landlord shall have all of the same remedies and rights of recovery of such amount as it has for recovery of Rent under this Lease. 168 (3) 3 The Tenant shall pay, subject to the provisions of (1) above, all taxes (including any grants in lieu of taxes, as applicable) and rates whether municipal, provincial or otherwise, levied against the Premises, or against the Landlord on account thereof. 6. Utilities (1) The Tenant shall pay all charges for all fuel and electricity used or consumed on the Premises. (2) The Tenant shall pay all charges for waterusedLor consumed on the Premises, provided that the water supplysystem•serv.icing the Premises is hooked up to a municipal water system`: 7. Use of Premises (1) The Premises shall be used only`for.the purpose of the operation of a farm, and for no other or improper purpos_ewithout the prior written consent of the Landlord, --which consent_rnay be unreasonably withheld. (2) The Tenant's use of the=P`remises shall bele accordance with any Landlord's rules and regulations in place. from - -time to time and as per Schedule "D": 8. Repairs The Tenant shall maintain -`the Premises;:' -at the Tenant's expense, in good repair and tenantable condition throtighout4he.Term, and perform all other repairs that are notthe "express responsibility ofthe Landlord hereunder, and make good any . defect or want: =of repair=andlor replacement promptly upon receipt of written notice thereof from the`Landlord. 9. Entry by Landlord-- (1) TheTenant shall permit the Landlord, its servants or agents, to enter upon -the -Premises at any reasonable time throughout the Term for the purpose:of either inspecting or making repairs, alterations or improvennents to the Premises. (2) The Tenant shall permit the Landlord, its servants or agents, to enter upon the Premises at any reasonable time throughout the Term for the purpose of inspecting, investigating, testing, surveying or any other activity relating to the improvement or development of the Premises, including the management of wood lots, the harvesting and sale of firewood and timber and the removal and sale of topsoil, stone, gravel, oil, gas or minerals (collectively, the "Natural Resources"). 169 (3) 4 The Landlord shall not be liable or responsible in any way to the Tenant for any act, fault, breach or omission of the Landlord, its servants and agents or for any occurrence, or for any cause whatsoever, as a result of any entry by the Landlord under this Section, except that the Landlord shall compensate the Tenant in accordance with the provisions of Schedule "C" for any damage to the Tenant's crops resulting from such entry by the Landlord. (4) Entry pursuant to this Section by the Landlord shaWnot be deemed to be a re-entry pursuant to Section 35 of this Lease:.,,.. 10. Compensation for Damage The Tenant shall make good or compensatethe Landlord for any. damage to the Premises caused by the negligent, reckless•or wilful conduct of the Tenant, its servants, agents, employees, IicenseeSor invitees..' 11. Notice of Defect The Tenant shall give the Landlord immediate notice of any accident to or defect in the water system, electrical system, heating, ventilating and .air-conditioning system or any other system servicing the Premises which the Landlord is obligated to repair: 12. • Assigning and Subletting. The Tenant shall not assign'this Lease or sublet the whole or any part of the Premises or mortgage, pedge charge or otherwise encumber this Lease or the Premises or any part thereof (collectively, a "Transfer") without the prior written consent of the Landlord, which consent may be unreasonably withheld. The Landlord shall, within thirty (30) days after receipt of notice from the Tenant of its request for consent to a Transfer accompanied by all such information, materials - and documentationas the Landlord shall reasonably require in order to make a decision regarding ,si ch request for consent, notify the Tenant in writing: (a) that it consents or does not consent to the Transfer requested by the Tenant. .or . (b) that it elects to terminate this Lease in preference to giving or refusing its consent to such Transfer. If the Landlord elects to terminate this Lease, the Term and the tenancy hereby created shall expire, without liability to the Landlord, on the ninetieth (901h) day after such notice is given, and the Tenant shall, within such ninety (90) day period, vacate the Premises and surrender the Premises to the Landlord with the Landlord having the right to re -renter and repossess the Premises discharged of this Lease and to expel all persons and remove all property therefrom. All Rent shall be due and payable by the Tenant without reduction or abatement until such 170 5 expiration date. The foregoing shall be subject to the exception that the Tenant may, by notice delivered to the Landlord within fifteen (15) days • after receipt frdm the Landlord of a notice of termination pursuant to the provisions of this Section, elect to continue this Lease as to all of the Premises and not to assign or sublet, in which event such notice of termination shall be void. 13. Insurance (1) The Tenant shall obtain and maintain, at the, Tenant's expense, throughout the Term: (a) all perils insurance on the full.replacement cost`tereof, insuring all property of the Tenant, property -for which the Tenant is legally liable or property installed_ by.the Landlord on behalfi'of the Tenant, including any improvements, alterations; or additions ofthe Tenant: and (b) comprehensive general liability -insurance written on a, comprehensive: basis :with inclusive limits of not less than Five Million Dollars ($5",-000,000.00) per occurrence, or such higher limits as the Landtord may requirefrom'time to time. (2) All of the foregoi o:insurance_`pOlicies shall contain provisions for cross- liability:and shall be taken out;and kept in full force and effect in the names:of the Landlord and the-1enant, as their respective interests may appear: All of thepdicies shall contain an undertaking by the insurer to notify the Landlord`in writing notless than thirty (30) days prior to any Material change, cancellation' or termination. The Tenant agrees to deliver 'Certificates of insurance issued by the insurance underwriter or, if requested by the l andlord, complete certified copies of policies of insurance to'the Land_ lord within thirty (30) days after the placing of the required insurance. Ti:e Tenar�t-acknowledges that the Landlord, in respect of damage to the L""rids, is-se[finsured and in respect of third party liability maintains a corrprehe.nsive blanket policy of insurance, and therefore shall not require the Landlord to obtain any additional insurance. (3) (4) The Tenant shall not do or omit, or permit to be done or omitted, on the Premises anything which shall cause the Landlord's rate of insurance upon the Lands to be increased and if the Landlord's rate of insurance upon the Lands shall be increased by reason of anything done or omitted, or permitted to be done or omitted by the Tenant, or anyone permitted by the Tenant to be upon the Premises, the Tenant shall, on demand, pay to the Landlord the amount of such increase. 171 (5) 6 The Tenant shall permit the Landlord, its servants or agents, to enter upon the Premises at any reasonable time throughout the Term to remove any article or remedy any condition which, in the opinion of the Landlord leads or would be likely to lead to the cancellation of any policy of insurance as carried by the Landlord, provided that such entry by the Landlord shall not be deemed to be are -entry pursuant to Section 35 of this Lease and further provided that the Landlord, when exercising its rights of entry under this Section, shall use its best efforts to minimize any interference with the Tenant's use and enjoyments of the Premises. 14. Compliance with Laws The Tenant shall comply with all provisions. of law' including; without limitation, all federal and provincial legislative enactments; -municipal zoning and building by- laws and any federal, provincial or municipal regulations which relate to the Tenant's use or occupation of the Premises or to the making of any -repairs, replacements, additions, changes, substitutions ,or improvements that relate to such use or occupation by. the Tenant, including without limitation, the requirement to keep the Premises clear of n-oxious weeds in accordance with the provisions of the Weed ContioiAdt,: R.S.O. 19904 c.. W.5, as amended, or any successor act. 15. Animals The Tenant shall contain, confine and control any livestock or other animals of, or in the care -of, the Tenant, at all times.. throughout the Term, and to maintain, at the Tenant's expense, any fences andenclosures required for such purpose, and to ensure that all such livestock -or other animals are cared for and treated in accordance, with the minimum standards required by all applicable requirements of any relevant authority, including, without limitation, the provisions of the Ontario Society, for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. 0:36, as amended,'or any.successor act. 16. Access (1) The Tenant shall keep any lanes, roadways or yards serving the Premises open at all times to permit vehicular ingress and egress for all persons entitled thereto, including, without limitation, all rights-of-way running over the Lands, whether or not registered on title, in place for the benefit of owners and users of lands adjacent to or nearby the Lands. 172 7 (2) The Landlord agrees to maintain all rights-of-way and other roadways located on lands owned by the Landlord adjacent to the Lands in good repair and operable condition throughout the Term to ensure that the Tenant, its servants, agents, employees, licensees and invitees shall be provided with satisfactory access to the Premises in common with all others entitle to the use thereof. (3) If the Premises is now or hereafter served by anyeasement or right-of- way, ight-ofway, the Tenant, its servants, agents, employees__licensees and invitees shall have full right of ingress and egress over such easement or right-of- way in common with all others entitled thereto: =" 17. Waste (1) The Tenant shall not permit any waste, damage, disfigUration or injury to the Premises or to the fixtures artd equipment of any buildings,located on the Premises or any overloading' of the floors' of such buildings'. (2) The Tenant shall ensre.the prompt"disp'osal of all waste accumulated in any portable sewage system located on, _or.sevicing the Premises, as would a reasonably prudent owner of simlar`lands. 18. Nuisance The Tenant stall"not useoApermit'the;,use of any part of the Premises for any dangerous, noxious or offe'i sive trade .dr business or cause or permit any nuisance in, at or on the'Premises. 19. Tenant's lndem.nity 'T .4 mkt The Tenant t all inden n.ify and save harmless the Landlord against and from any and all claims;. actions, losses, damages, costs and expenses, including, without limitation,,all.,claims for bodily injury, death or property damage and also damages arising from any breach of this Lease by the Tenant or from any act or omission of the Tenant or those form whom the Tenant is at law responsible in or aroundtle_. Premises; arising from the Tenant's use and occupation of the Premises:- :The. Landlord shall not be liable for any loss or damage to any property belonging to the Tenant or to any other persons or for any injury to any person, includirig death, while such person or property is on the Premises, unless such loss, damage or injury is caused directly by the negligence of the Landlord, or those for whom the Landlord is at law responsible. 173 8 20. Non -Liability of Landlord The Landlord shall not, in any way whatsoever, be liable or responsible in any way far any personal injury or death that may be suffered or sustained by the Tenant or any employee of the Tenant or any other person who may be upon the Premises or for any loss of or damage or injury to any goods or chattels whatsoever belonging to the Tenant or its employees or to any other person while such goods and chattels are on the Premises and, for greater certainty - and without limitation, the Landlord shall not be Iiable.for _any damage to any goods and chattels caused by steam, water orsnowwhich may leak into, issue or flow from any part of any buildings an the Premises or._from the water, steam, sprinkler or drainage pipes or plumbing works of: any buildings on the Premises or from any other place or any other adjacent lands or for any..other damage caused by, or attributable to, the condition• orarrangement of -any electrical or other wiring comprising any electrical systems servicing the Premises. 21. Exhibiting Premises The Tenant shall permit the andlord, its seivants or agents, to exhibit the Premises to prospective tenants -.at any reasonable. time during the last six (6) months of the Term and, if so -required by the Landlord, to permit the Landlord to erect such signs on the Premises advertising the Premises for rent at any time during such portion of the Term, as the Landlord may deem appropriate. 22. Construction -Lien The Tenant agrees not to suffer or perrnit during the Term any construction liens or other liens for.w ork, labour; services or materials ordered by the Tenant or for the 'Cost of which the Tenant may be in any way obligated, to attach to the Premises and that whenever such liens shall attach or claims therefore shall be --.filed, the Tenant shall, within five (5) days after the Tenant has notice of the claim or lien, procure the discharge thereof by payment or by giving security or in suich.other manner. as is or may be required or permitted by law, The Tenant further covenants that whenever and so often as a certificate of action is registered. relating to any of the liens referred to in this Section, the Tenant shall, within ten (10) days after the Tenant has notice of the registration of such certificate of action, have the same vacated. 23. Auto Storage The Tenantagrees not to store or house, or permit the storage or housing of, any automobiles, trucks, tractors or other equipment having internal combustion engines in any buildings on the Premises other than those buildings specifically designated for such purpose. 174 9 24. Natural Resources The Tenant agrees to safeguard and protect all Natural Resources on the Premises in their natural state, including providing fencing where necessary to restrain persons or domestic animals from any use or trespass thereon, and not to remove or permit the removal of Natural Resources from the Premises without the prior written consent of the Landlord, including, without limitation, the cutting of any trees. 25. Fall Ploughing In the event that this Lease is cancelled by the 'I ncllordori.the Tenant pursuant to Section 36, the Tenant agrees to permit„pon` receipt of;written notification from the Landlord, access to the Premises -AO -the purpose of fall.ploughing by future tenants of the Premises, providing;ttat such access does not occur until after the conclusion of the harvest season, the duration of such season to be determined by the Landlord. 26. Pest Control The Tenant shall spray the Promises'' here required _with pesticides, as would a reasonably prudent owner of a similar farm _operation, in accordance with the requirements of anyauthority, including, without limitation, the Pesticides Act, R. S.O. 1990, c P=r11, as amended, or ar y successor act. 27. Environmental Contamination (1) ...The Tenants. all use its .continuing effort throughout the Term to ensure that no part_ofthe Premises is•used, without limitation, to generate, manufacture, refine, treat, transport, store, handle, dispose of, transfer or produce any Environmental Contaminant ("Environmental Contaminant" includes anyhazafd. ous or toxic substances or materials, including, without limitation, products of waste, contaminants, pollutants, dangerous substances,;, noxious substances, toxic substances, hazardous wastes, flammable, explosive or improperly handled friable materials including asb;estosi, PCBs and substances or any other materials declared or defined to' be hazardous, toxic, contaminant or pollutant in or pursuant to . any laW or any authority), except if required in the Tenant's use of the Premises, and then only in strict compliance with all applicable laws of any relevant authority, including, without limitation, environmental, land use, occupational health and safety laws, regulations, requirements, permits and by-laws. 175 10 (2) The Tenant shall notify the Landlord immediately in the event that the Tenant receives notice of any violation of any environmental law or that any order of an administrative tribunal or any authority is made oris - proposed to be made against the Tenant in respect of any Environmental Contaminant in, on or near the Premises, and to notify the Landlord immediately of any discharge, release or discovery of any Environmental Contaminant in, on or near any part of the Premises. Notwithstanding the foregoing, it is agreed and -understood that any Environmental Contaminant approved for u5e-for farming purposes by Agriculture and Agri -Food Canada or any other_ relevant authority shall be excluded from the requirements of this Section, provided that the use of such Environmental Contaminant on. -the Premises is. approved of in writing in advance by the Landlord, such approval not to be unreasonably withheld, and further provided that.such use is to. be for the -sole purpose of operating a farm under the terms and conditions of this Lehse. (3) 28. Quiet Enjoyment The Landlord shall permit the Tenantto peaceably, possess and enjoy the Premises throughout the Terra Without any interference from the Landlord, or any person lawfully claiming by; from or under the Landlord provided the Tenant is not in default under the terms and conditions of this. Lease. 29. Landlord's Development'Rights The Landlord shall have the right to improve and develop the'Premises, including the management of Natural Resources, at any time throughout the Term.: The Landlord's' rights under this Section include, without limitation, the right to grantteasenients. and rights-of-way over the Premises, provided that the Landlord shall compensate the Tenant for all damage to crops suffered by the Tenant resulting from the exercise of the Landlord's rights under this Section, in accordance with tleprovisians of Schedule "C". The Tenant covenants to cooperate with the; Landlord to the extent required by the Landlord in respect of the Landlord's granting of easements and rights--of-way as contemplated under this Section; including, without limitation, giving a partial surrender of this Lease with respect to the portion of the Premises affected by the grant of any such easements and rights-of-way. 30. • Tenant's Personal Property (1) All personal property of the Tenant of any kind or description whatsoever, stored or otherwise located on the Premises, shall remain on the Premises at the sole risk of the Tenant and the Landlord shall not be liable for any claims resulting from damage to, or loss of, such personal property. 176 11 (2) All personal property of any kind or description left on the Premises as of the date of termination of this Lease whether by passage of time or otherwise, shall be deemed to have been abandoned by the Tenant unless prior written arrangements have been made between the parties. The Landlord has the right to dispose of any such abandoned personal property without notice or compensation to the Tenant, and the Landlord shall be entitled to recover from the Tenant its reasonable costs of disposing of such abandoned personal property.. 31. Overholding If the Tenant, with the consent of the Landlord;rerriains-in• :possession of the Premises after the date fixed for the expiration,of the Terrn',Without any further written agreement, there shall be no tacit :renewal of this Lease",,.notwithstanding statutory provisions or legal presumption_to the contrary, and the Tenant shall be deemed to be a tenant from month to month atthae Rent in effect'during the last month of the Term and otherwiseon the same terms and conditions contained in this Lease except as to length_bf-tenancy. 32. Fixtures The Tenant may, at any time during the Term, remove::any fixtures installed by it on the Premises, and _shall compensate the`LandloEd for any damage caused to the Premises by such removal. 33. Unavoidable -Delays In the eventthat the Landlord-or.the Tenant shall be delayed or hindered in or prevented from the., performance of any.act required hereunder by reason of s.trrkes; lockouts labour trouble, civil `commotion, riots, insurrection, war inability to procure labour, materials or services, acts of God, weather, power failures, ;-'restrictive lawsor.regril4tias or any other reason beyond the reasonable control of the Landlord or the Tenant, as the case may be, then performance of such act shall be excused:,for the period of the delay and the time allotted for the performance of anys:uch act shall be extended for a period of time equal to the period -Of such delay; 34. Alterations (1) 177 The Tenant may, at its own expense, make such alterations, additions and improvements to the Premises as it may consider necessary from time to time during the Term subject to the prior written consent of the Landlord. No alteration shall be made to the frame or permanent structure of any buildings on the Premises, and no contour changes or other changes to the grading or level shall be made to the Lands. . 12 (2) The Tenant shall give the Landlord notice of its intention to make alterations, additions or improvements to the Premises and, upon request, shall supply the Landlord with plans of the proposed alterations, additions or improvements. (3) The Tenant may, at its option, remove any alterations, additions or improvements made by it to the Premises, and the Tenant shall compensate the Landlord for any damage caused to the Premises by the removal of such alterations, additions or improvements. 35. Default (1) Each of the following shall be an event - of default of the Tenant: (a) whenever the Tenant defaii tson the payment of any -Rent and such default continues for fifteen (15) days after notice`to the Tenant of such default; (b) whenever the Tenant defaults ante performance of any of its obligations under this Lease; (c) if the Tenant is adjudicated; to. be insolvent or makes an assignment for the-b.enefit of creditors or- in bankruptcy or is declared bankrupt, or. takes theabeneflt of any. ¶egislation;in force for bankrupt or insolvent debtors or if'any proceedings are taken by or against the Tenant udner-.any windiig,.up legislation, or if the Tenant makes or -attempts to make a sale in_bulk of any of its assets, wherever situated; other than a-bulk:sale made to a transferee permitted under Section 12; or (d) if the,Tenant-vacates.or abandons or attempts to vacate or abandon the.:Preniises or any portion thereof (which does not include -temporary vacancy or non-use for a longer period where necessary to accommodate the carrying out of renovations to the Premises). (2) Upon any °event of default of the Tenant as further provided in (1) above, in addition to any other remedy which the Landlord may have by this Lease or at law or in equity, the Landlord may, at its option: (a) re-enter and take possession of the Premises and the Term shall be forfeited and void in such event; 178 (3) 13 (b) enter the Premises as agent of the Tenant, either by force or otherwise without being liable for any prosecution therefor and without being deemed to have terminated this Lease, and re -let the Premises or any part thereof as the agent of the Tenant, and receive the rent therefor to be applied on account of the Rent; and/or (c) exercise its right of distress and the Tenant_hereby waives any present or future limitation on the Landlord's.;right of distress. In the event that the Landlord chooses to, -exercise its remedies under this Section, the Landlord may, in addition to.any othe lghts or remedies it has pursuant to this Lease or at law,=:expel all persons•_and remove all property from the Premises and that such property may, at the Landlord's option, be removed and sold or disposed of by the Landlord by public auction or otherwise, and either..tn bulk or by._:tindividual itemoras the Landlord in its sole discretion may decide, and the Tenant agrees that the proceeds of such sale or disposition "si all be applied by the Landlord firstly, to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; and secondly, to the payment of Rent due and unpaid hereunder If the Tenant -defaults in thUpbserVance or:performance of any of its covenants; :or agreements contained in this -tease, the Landlord may, at its option -'and upon such reasonable notice as the circumstances warrant, remedy such default -.and the cost thereof shall be added to the Rent due on the next succeeding date on which Rent is payable. 36. Cancellation 179 The Landlord siall,have the right to cancel this Lease or to reduce the acreage Of the Premises at any time and for any reason during the Term by giving tfe Tenant` not less than six (6) months prior written notice of ,,cancellatioro'r reduction, as the case may be, provided that the effective date of suc_ cancellation or reduction shall be at any time between September;=3oth of the same calendar year and March 31St of the fol[owiig.calendar year and further provided that, in the case of cancellation by the Landlord, the Tenant shall deliver vacant possession of the Premises on or before the effective date of such cancellation. In the event that the Landlord decides to reduce the tillable acreage of the Premises, the Rent shall be reduced on a pro -rated basis as of the effective date of such cancellation and the Tenant will be compensated for any loss of crops resulting from such reduction of tillable acreage in accordance with Schedule "C". In the event that the Landlord sells, conveys or otherwise transfers its interest in the Premises, the Landlord's successor in title shall have all the rights and obligations of the Landlord 14 under this Lease, including the right to cancel this Lease or reduce the acreage of the Premies, as further provided for in this Section. (2) The Tenant shall have the right to cancel this Lease at any time during the Term by giving the Landlord no less than six (6) months prior written notice, provided that the Landlord received prior written notice of such cancellation from the Tenant on or before September 1st of any calendar .year and further provided that the effective date of cancellation of this Lease pursuant to such notice accompanied b.ytheprovision by the Tenant of vacant possession of the Premises shall be any time between December 1st of the same calendar year and.March 31st of the following calendar year, unless otherwise agreed •bythe Landlord. During an overhold period in accordance with Section .31; the Tenant will be deemed a monthly tenant and the Landlord or the Tenant shall have the right to cancel the tenancy of -the Premises at any time•bygiving not less than thirty (30) days prior written notice of cancellation drfeduction, pursuant to the Commercial Tenancies Aet, R.S.O. 1990, c. L.7, as amended, or any successor act. (3) 37. Non -Waiver No condoning, excusing or overlooking bythe Landlord or the Tenant of any default, breach or non -observance by the Tenant or the Landlord at any time or times in respect'of any covenant, provision or condition herein shall operate as a waiver of the Landlord's or the Tenant's rights hereunder in respect of any continuing or subsequent:default, breach, or non -observance, or so as to defeat or affect in any the rights of theLandlord or the Tenant herein in respect of any such -continuing or subsequent default or breach, and no waiver shall be interred from dor implied by anything done or omitted by the Landlord or the Tenant, save only an express waiver in writing. 38. Notices Any notice required c r contemplated to be given by any provision of this Lease shall be•in writing, as follows: (a) to the Landlord at: Pickering Civic Complex, One The Esplanade, Pickering, ON L1V 6K7 Attention: Paul Bigioni, Fax No.: 905.9685; (b) to the Tenant at: Harry Vale Farms, 15 Fairgrounds Lane, Sunderland, ON LOC 1H0 Attention: Harry Vale, Fax No: 180 15 (c) the time of giving such notice shall be conclusively deemed to be the third (3rd) business day after the day of such mailing; (d) such notice shall be sufficiently given if and when the same shall be delivered, in the case of notice to the Landlord, to an authorized legal agent and, in the case of notice to the Tenant, to an executive officer of the Tenant at the above -noted addresses; and • (e) ' such notice, if personally delivered, shall be conclusively deemed to have been given and received at the time of such delivery. 39. Entire Agreement The parties acknowledge and agree that there are no covenants; representations, warranties, agreements: -or conditions, express or implied, collateral or otherwise, forming part Of Or in any way affecting or relating to this. Lease save as expressly set out in this :Lease and :that this Lease constitutes the entire agreement between the Landlord ar dFthe Tenant and may not be modified except as herein explicitly provided-or.except by subsequent agreement in writing of equaf.,-rOntiality hereto executed by the Landlord and the Tenant. Schedules "A", "B", "&and "p' -'-form part of.this Lease. 40. Registration The Tenant.shall not inter this Lease or any notice in respect thereof on title to the Lands:;;: 41. Severability The parties agree that al.l of the provisions of this Lease are to be construed as covenants andagreements as though the words importing such covenants and agreements were :used in -each separate paragraph hereof. Should any provision or provisions of this Lease be illegal or not enforceable, it or theyshall be considered separate and severable from this Lease and its remaining provisions shall remain in force and be binding upon the parties as though the said provision or. provisions had never been included. 42. Interpretation' The words "herein", "hereof', "hereby", "hereunder", "hereto", "hereinafter", and similar expressions refer to this Lease and not to any particular paragraph, section or other portion thereof, unless there is something in the subject matter or context inconsistent therewith. 181 16 43. Headings The division of this Lease into sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. 44. Successors and Assigns This Lease and everything herein contained shall operate•to the benefit of any, and be binding upon, respective successors, assigns and other legal representatives as the case may be of each of the parties subject to the granting of consent by the Landlord as provided herein •to - any assignment or sublease, and every reference•to any party shall include.the successors:; assigns and other legal representatives of such party. 45. Laws of Ontario This Lease shall be governed and construed int accordance with the laWs of the Province of Ontario. 46, Freedom of Information The Landlord, having a responsibility uriderthe Municipal Freedom of Information and Protectian,of PrivacyAct, R.S.O. 1990, c. M56, as amended, or any successor act, is hereby granted the permission and authority by the Tenant to release a copy of this Lease, or any pprtion thereof, upon the request of the Information and Privacy Commissioner: In Witness--,-Where-of the parties have executed this Lease. Signed at this day of November, 2018 Witness: Name: EXECUTED BY the Tenant on this day of November, 2018 Harry Vale 182 17 EXECUTED BY the Landlord on this day of November, 2018 The Corporation of the City of Pickering David Ryan, Mayor �= Debbie,Shields, City Clerk 183 18 .• Schedule "A" Site Plan of the Premises Approximately 50.7 acres with 45.78 effective acres more or less and shown hatched in yellow on the map below, being a portion of the lands legally described as Part of Lots 33 and 34, Concession 6, Pickering, designated as Part 4, Plan 40R-28722. [map on following page] 184 VOntario V111111..1.• linlatna PIN 263870019 m51766 m73356 L_ no lease transfered lands 17-7A Park For Illustrative Purposes Only Areas to be confirmed by Survey Date: 4/22/2016 185 0 125 250 500 . Name: PIN 263870019 and Park Meters 20 Schedule "B" Rent RENT: January 1, 2019 to December 31, 2019 Land $352.09 per month plus HST of $45/7 for a monthly total of $397.86 (45.78 effective acres at a rate of $92.29 per acre)., Monthly Rent Effective January 1, 2019: $397.86 RENT: January 1, 2020 to December 31 , 2020 Land $352.09 per month plus HST of 45,77 for a monthlytotalof $397.86 (45.78 effective acres at a rate:i0:$92.29 per acre) Monthly Rent Effective January 1, 2020: . $397.86 186 21 Schedule "C" Compensation for Crop Damage Where crops have been damaged by the Landlord, its servants or agents or any other persons authorized by the Landlord, damages shall be paid for any cultivated crop on the following basis: For each acre of damaged crop, an amount equal to the retur0i:af one hundred (100) bushels of Ontario No. 2 yellow corn at a price per bushei_.gUoted in The Globe and Mail newspaper on the date the damage was incurred. 187 22 Schedule "0" Definition of a Farm A property that is presently being used for, or is capable of, growing forages, field crops or the pasturing of livestock which is eligible for assessment as farm land under the Assessment Act, R.S.O. 1990, c. A.31, as amended, or any successor act. Rules of Good Farm Practice 1. The Tenant agrees to carry out proper cultivation practices in compliance with recognized crop production methods. • 2. All manure shall be promptly removed frorn_the immediate barr.area and shall not be placed or be permitted to lie against the walls of any buildings on the Premises. 3. Areas under cultivation must be tilled and fertilized annually and shall be seeded down in a good and workmanlike manner with a;Mixture of legumes and grasses equivalent to the current "Agronomy Guide for Field Crops" published by the Ministry of Agriculture, Food and.. Rural. Affairs. C'rop`s., shall be rotated as required in accordance with recognized standards soas to prevent impoverishment or depreciation of the.soil's productivity. 4. All straw and Manure arising out of thefarm operations must be utilized in fertilizing the areas under cultivation orgrazing in each and every year of the Lease, including the last year. It.must not be removed from the Premises or otherwise disposed of without the writtenapproval of the Landlord. 5. Corrirnercial fertilizer shall be applied in all seeding including intertilled crops and the Landlord shall have the right to require the application of adequate quantities of commercial fertilizer as indicated by soil analysis. 6. The responsibility for control of noxious weeds as set out in the Weed Control Act, R.S.O. 1990, c. W.5, as amended, or any successor act, shall rest upon the Tenant and`,the•Landlord shall have the right to have the weeds destroyed at the expense of the. Tenant. 7. 'All seed grain sown shall be of a quality equivalent to or better than commercial grade standards as defined by the Seeds Act, R.S.C., 1985, c. S-8, as amended, or any successor act. 8. - All orchard, fruit, shade or ornamental trees on the Premises shall be carefully pruned and cared for as often as they may require and protected from horses, cattle or sheep. 188 23 9. All woodlots, beaver or muskrat swamps, watersheds, ponds or springs shall be preserved in their natural state and where necessary, fenced to restrain persons or domestic animals from use and trespass thereon. 10. The Tenant shall keepall underdrains, ditches or watercourses open and free from obstructions and in good ,running order and the Tenant shall exercise normal erosion control. 11. The Tenant agrees that the number of head of livestock::Rept on the Premises shall at all times be in proper relationship to the acreages cropped and/or grazed. yti 189 DICKERING Cdpi Report to Council Report Number: LEG 08-18 Date: December 10, 2018 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Cannabis Regulation - File: L-2000-003-18 Recommendation: 1. That the City of Pickering hereby opts out of having cannabis retail stores located within Pickering; 2. That City staff be directed to continue working with the Region of Durham on revisions to the Region's Smoking in Public Places and in the Workplace By-law, for the purpose of expanding the list of municipal facilities and properties in which smoking of any kind is prohibited; 3. That a copy of these recommendations be forwarded to the Region of Durham and to the Alcohol and Gaming Commission of Ontario ("AGCO"), and that the Director, Corporate Services & City Solicitor be directed to notify the AGCO, prior to January 22, 2019, that Pickering wishes to opt out of having cannabis retail stores located within Pickering; 4. Given that the City can opt in to allow retail cannabis sales at any future date, that City staff be directed to solicit input from residents and stakeholders regarding retail cannabis sales; and 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The Provincial regulations and policies relating to the legalization of cannabis have created a need for municipalities to review the potential impact on their communities and make a decision regarding opting in or out of allowing retail cannabis storefronts in the municipality. This report identifies the issues raised by both the consumption of and the possible retail sale of cannabis in Pickering. Factors in favour of opting out include uncertainty about how the retail sale of a newly legalized substance will impact the community, the lack of any municipal power to regulate retail sales and the inadequacy of the Provincial public consultation on new retail locations. Factors in favour of opting in and allowing retail sales include Federal and Provincial laws which specifically prohibit sales and marketing to minors and which limit retail sales to commercial and industrial zones, and a significant reduction in available Provincial funding to cover costs associated with the legalization of cannabis. 190 LEG 08-18 December 10, 2018 Subject: Cannabis Regulation Page 2 Taking all these factors into account, it is recommended that Pickering opt out of allowing the retail sale of cannabis at this time. It is always possible to opt in and allow retail sales at a later date, although some Provincial funding will be unavailable if Pickering decides to opt in after January 22, 2019. It must be noted that there are reasonable grounds for deciding either to opt in or to opt out. Consumption of cannabis in public places is regulated by the Smoke Free Ontario Act and by the Region of Durham's Smoking in Public Places and in the Workplace By-law. The Region's by-law is currently being repealed and replaced, and City staff continue to provide input to the Region so that the amended Regional by-law will prohibit smoking of any substance not only inside municipal buildings, but also outside of them. Based upon the recommendations of Council further to this report, City staff will ensure that information about cannabis sales and consumption is added to the City's website, and that residents are informed about applicable Federal and Provincial regulations. Financial Implications: The City of Pickering may experience increased service demands in relation to public consumption of cannabis in parks and other prohibited areas, coordinating enforcement of illegal storefronts with Durham Regional Police, responding to public inquiries about cannabis regulations, and training front line staff, security and by-law enforcement officers in responding to illegal cannabis use on City property. Before deciding whether or not to opt in to allow retail cannabis sales in Pickering, City Council must be aware of the financial incentive made available by the Province. The Province has announced that it will provide $40 million in funding to lower and upper tier municipalities over the next two years for the purpose of helping municipalities deal with cannabis legalization. The Province has allocated $15 million to make a first payment to all municipalities on a per household basis, adjusted so that at least $5,000.00 is provided to each municipality. On November 26, the Ministry of Finance confirmed that Pickering's share of the first payment will be $20,213.50. (The payment will actually be $40,427.00, but half of that amount must be given to the Region of Durham.) This first payment will be made in January, 2019. A second fund of $15 million will then be distributed following the January 22, 2019 deadline for opting out. This second fund will only be made available to municipalities that have opted in to allow retail cannabis sales. Funding will be calculated on a per household basis, again adjusted so that at least $5,000.00 is provided to each municipality. This funding would support initial costs relating to hosting retail storefronts. If Pickering opts in, it will receive another $20,213.50 out of this second fund, with the Region of Durham receiving the same amount. If Pickering opts out, it and the Region will each receive only $2,500. The Province is setting aside an additional $10 million fund for municipalities for unforeseen circumstances related to the legalization of recreational cannabis. Priority for this funding will be given to municipalities that have opted in to allow retail sales. 191 LEG 08-18 December 10, 2018 Subject: Cannabis Regulation Page 3 In addition to the above funding, the Province has announced that it may share with municipalities some of the Provincial portion of Federal excise duty revenues from cannabis sales. If Ontario's portion of the federal excise duty on recreational cannabis over the first two years of legalization exceeds $100 million, the Province will provide 50% of the surplus only to municipalities that have opted in to allow retail sales as of January 22, 2019. It is impossible to calculate how much (if any) revenue this might generate for the City of Pickering, but Pickering will not have any access to this fund unless it opts in before January 22, 2019. With respect to all of the funding facilities described above, the Province will not allow the funds to be put into a municipality's general revenues. The funding is to be specifically applied toward costs directly related to the legalization of cannabis, such as increased enforcement, response to public inquiries, increased paramedic and fire services and by-law/policy development. It must also be noted that the 50/50 share of funding between the City and the Region can be adjusted on mutual agreement. Given that the regulation of smoking generally lies within Provincial and Regional jurisdiction, an adjustment of funding shares in favour of the Region might be fair, and the City's share could be reduced accordingly. Most of the responsibility for addressing cannabis issues will fall upon the Region through the role of Durham Regional Police, the Region's Tobacco Enforcement Unit, Public Health Education initiatives, Emergency Medical Response, and the Provincial Offences Courts. In this regard, it must also be noted that if the City opts out, the reduction in Provincial funding will impact not only the City but the Region as well. Discussion: Following the legalization of cannabis sales and use, Ontario municipalities must consider a variety of health and enforcement issues. Public concerns are expected in relation to retail sales (both legal and illegal), public consumption, odours, and home cultivation. Retail Sale of Cannabis: The key decision now facing City Council is whether or not to allow the retail sale of cannabis in Pickering. Pursuant to the Cannabis Licensing Act (Ontario), the Province has given the City the option to opt out of allowing the retail sale of cannabis in Pickering. The City must notify the AGCO by January 22, 2019 as to whether it will opt in or opt out. If no notification is received by the AGCO by January 22, Pickering will be deemed to have opted -in, and the retail sale of cannabis will be allowed in Pickering. If allowed in Pickering, retail cannabis sales would be governed by the Criminal Code, the Cannabis Act (Canada), the Cannabis Licensing Act (Ontario) and Provincial regulation O. Reg. 468/18. Under the Cannabis Licensing Act (Ontario), municipalities cannot impose additional regulations on retail cannabis sates. This means that Pickering cannot enact official plan policies, zoning by-laws or licensing restrictions on cannabis sales. If Pickering experiences problems of any kind with retail cannabis sales locations, it has no legal authority to change the rules by which retail vendors operate. 192 LEG 08-18 December 10, 2018 Subject: Cannabis Regulation Page 4 Dr. Robert Kyle, Commissioner and Medical Officer of Health at the Region of Durham has expressed concern with retail cannabis storefronts being located near child care centers, beer and LCBO stores, tobacco and vaping product retailers, gaming facilities, healthcare facilities, long term care homes, recreation centers, arcades, amusement parks, and high priority neighbourhoods. The information provided by the Province indicates that although no new zoning by-laws will be permitted in relation to cannabis, retail cannabis storefronts will be required to be located on properties with commercial or industrial designations. If this is the case, there should be no concern about storefronts adjacent to recreation centers, long-term care and child care centers, as these uses are not permitted in the City's commercial or industrial zones. Furthermore, there should be no concerns about proximity to arcades, amusement parks, or high priority neighbourhoods, as Pickering does not currently have any such uses. Dr. Kyle's concerns about proximity to tobacco and vaping retailers, beer and LCBO stores and gaming sites (such as Durham Live) can be answered by the fact that such uses are accessible only by adults. The primary goal of protecting youth should therefore still be achieved. If Pickering were to opt -in to permit retail cannabis sales, the Province's public notification process for proposed retail locations may be inadequate. The AGCO has confirmed that there will be no direct notification to municipalities of proposed retail cannabis stores in their municipality. The only notification will be a placard posting and a notice on the AGCO website for 15 days. This will be the only opportunity for public and municipal comments. While concerns were raised to the Province regarding this extremely limited timeframe for comment, the Province chose not to change or extend it. The tight timeframe for comments makes it very difficult for municipalities to prepare a report to Council and seek Council direction regarding any new retail location. If the municipality chooses to opt -in, it is recommended that Council delegate the authority to comment to staff. It must be noted also that, even if a municipality has site-specific concerns about a proposed retail location, the AGCO registrar has no authority to exceed the standards set out in the legislation. This means that concerns expressed by the City will be of limited relevance, regardless of how long the notification period is. Before deciding whether or not to opt in to allow retail cannabis sales in Pickering, City Council must be aware of the financial incentive made available by the Province. The Province has announced that it will provide $40 million in funding to lower and upper tier municipalities over the next two years for the purpose of helping municipalities deal with cannabis legalization. The Province has allocated $15 million to make a first payment to all municipalities on a per household basis, adjusted so that at least $5,000.00 is provided to each municipality. On November 26, the Ministry of Finance confirmed that Pickering's share of the first payment will be $20,213.50. (The payment will actually be $40,427.00, but half of that amount must be given to the Region of Durham.) This first payment will be made in January, 2019. A second fund of $15 million will then be distributed following the January 22,, 2019 deadline for opting out. This second fund will only be made available to municipalities that have opted in to allow retail cannabis sales. Funding will be calculated on a per household basis, again adjusted so that at least $5,000.00 is provided to each municipality. This funding would support initial costs relating to hosting retail storefronts. If Pickering opts in, it will receive another $20,213.50 out of this second fund, with the Region of Durham receiving the same amount. If Pickering opts out, it and the Region will each receive only $2,500. 193 LEG 08-18 December 10, 2018 Subject: Cannabis Regulation Page 5 The Province is setting aside an additional $10 million fund for municipalities for unforeseen circumstances related to the legalization of recreational cannabis. Priority for this funding will be given to municipalities that have opted in to allow retail sales. In addition to the above funding, the Province has announced that it may share with municipalities some of the Provincial portion of Federal excise duty revenues from cannabis sales. If Ontario's portion of the federal excise duty on recreational cannabis over the first two years of legalization exceeds $100 million, the Province will provide 50% of the surplus only to municipalities that have opted in to allow retail sales as of January 22, 2019. It is impossible to calculate how much (if any) revenue this might generate for the City of Pickering, but Pickering will not have any access to this fund unless it opts in before January 22, 2019. With respect to all of the funding described above, the Province will not allow the funds to be put into a municipality's general revenues. The funding is to be specifically applied toward costs directly related to the legalization of cannabis, such as increased enforcement, response to public inquiries, increased paramedic and fire services and by-law/policy development. It must also be noted that the 50/50 share of funding between the City and the Region can be adjusted on mutual agreement. Given that the regulation of smoking generally lies within Provincial and Regional jurisdiction, an adjustment of funding shares in favour of the Region might be fair, and the City's share could be reduced accordingly. Most of the responsibility for addressing cannabis issues will fall upon the Region through the role of Durham Regional Police, the Region's Tobacco Enforcement Unit, Public Health Education initiatives, Emergency Medical Response, and the Provincial Offences Courts. In this regard, it must also be noted that if the City opts out, the reduction in Provincial funding will impact not only the City but the Region as well. Other issues to consider include: (a) concerns that opting out may encourage the illegal cannabis trade, which does not restrict access to minors or ensure product quality and safety. (b) public perceptions of the municipality. (c) loss of some economic development opportunities. The primary concerns relating to retail cannabis storefronts in the community include unauthorized access by minors, advertising that promotes use to minors, public consumption or loitering on the exterior of the property. Provincial legislation addresses these issues, but municipalities wanting additional restrictions have been deprived of the zoning and other legal powers required to impose them. The Province's regulations establish rules relating to the sale, distribution, purchase, possession, cultivation and consumption of cannabis. Sales are prohibited to anyone under the age of 19, and youth are prohibited from possessing, cultivating, consuming or sharing cannabis. Sales are also prohibited within 150 m of any school. The ACGO has established a zero -tolerance policy for any retailer who provides cannabis to anyone under the age of 19. Licensed or illegal cannabis stores will be subject to seizure, removal of people from premises and closure orders for premises that are suspected of being used for the illegal sale of cannabis. All private retail cannabis storefronts 194 LEG 08-18 December 10:2018 Subject: Cannabis Regulation Page 6 will be required to be stand-alone stores only, and the operator, location and manager will all be Provincially licensed, Federal cannabis advertising rules are strict, and similar to those in place for tobacco and alcohol. Promotional restrictions in the Federal Cannabis Act will apply to all media, including newspapers and magazines, digital content, signage, broadcast media, and communications sent by mail. They also include cannabis accessories and cannabis -related services. The law prohibits promoting cannabis in any way that "could be appealing to young persons," or by using testimonials or celebrity endorsements. Presenting a cannabis product ---- or even cannabis "brand elements" like brand names, logos, or slogans — cannot be done in any way that "evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring." City staff will review whether the City's Sign By-law 6999/09 will require revisions to further address this issue, however, based on the existing federal restrictions, this is probably unnecessary. Public Consumption of Cannabis Public Consumption of Cannabis, at this point in time, includes smoking and vaping. By the end of 2019, it is anticipated that edible products will also be legally available to the public. Regardless of whether or not Pickering allows retail sales of cannabis, cannabis will be legally available online, and it will be consumed within Pickering. To address issues arising from the public consumption of cannabis, the Province has introduced regulations under the amended Smoke Free Ontario Act, that prohibit the smoking or vaping of cannabis in the following locations: 195 • At schools, on school grounds, and all public areas within 20 m of these grounds • On Children's Playgrounds and public areas within 20 m of playgrounds • On grounds of community recreational facilities, and public areas within 20 m of those grounds • On publicly -owned sports fields (not including golf courses), nearby spectator areas and public areas within 20 m of these areas • Indoor common areas in condos, apartment buildings and college/university residences • Enclosed public places and enclosed work places • In restaurants and on bar patios, and public areas within 9 m of a patio • Non -designated guest rooms in hotels, motels and inns, • In child care centres, or where an early years program is provided • In places where home child care is provided – even if children are not present • Within 9 m from the entrance/exit of hospitals, psychiatric facilities, long-term care homes, and independent health facilities • On outdoor grounds of hospitals and psychiatric facilities • In non -controlled areas in long-term care homes, certain retirement homes, provincially funded supportive housing, designated psychiatric or veterans' facilities • In reserved seating areas at outdoor sports and entertainment locations. • In sheltered outdoor areas with a roof and more than two walls, which the public or employees frequent, or are invited to (e.g. a bus shelter) • In a vehicle or boat that is being driven, or is at risk of being put into motion LEG 08-18 December 10, 2018 Subject: Cannabis Regulation Page 7 In addition to the Smoke Free Ontario Act, the Region of Durham will be introducing amendments to its Smoking in Public Places and in the Workplace By-law. City staff have met with representatives from the Region of Durham Health Department, Tobacco Enforcement Unit and Legal Services Division to coordinate a Region -wide by-law to address the needs of the local municipalities. The Region has welcomed input from Pickering and the other lower tier municipalities. The new Regional by --law will prohibit smoking on all properties where there is a municipally -owned building, including libraries, community centres, recreational facilities,' museums and outdoor community events. This is an expansion of the existing prohibition which only bans smoking inside municipal buildings. The amended Regional by-law will also prohibit smoking on public streets where a special event permit has been issued (e.g. for a parade). Region of Durham staff will be outlining this new by-law in a Health and Social Services Report scheduled for the committee's December 11, 2018 meeting. Region of Durham Tobacco Enforcement Officers will be tasked with enforcing both the Smoke Free Ontario Act and the Regional Smoking in Public Places and the Workplace By-law. While formal enforcement will be done by the Region, lower tier municipalities may utilize both the Act and the Regional by-law to request that any person in contravention cease smoking/vaping or leave the City's property. Failure to comply may be dealt with by calling the police and/or issuing notices under the Trespass to Property Act. Odours While it is anticipated that the municipality may receive complaints regarding odours from the use of cannabis, no enforcement action is possible in relation to the use of a legal substance. Home Cultivation Complaints relating to the cultivation of cannabis exceeding the four plants permitted to each residence will be directed to Durham Regional Police Service. However, for internal cultivation, there may be some investigation or enforcement undertaken by Municipal Law Enforcement Services or Building Services in relation to mold, and by Fire Services in relation to Fire Code and electrical concerns. Public Information Once the City has decided whether or not to opt in to allow retail cannabis sales, City staff will develop information for the City's website providing public awareness messaging regarding where cannabis can and cannot be consumed, who to contact regarding cannabis related issues or concerns, how to report illegal cannabis sales/distribution/growing, how to report smoking or vaping of cannabis, where it is not permitted, etc. The information will include links to the Region of Durham's cannabis information page, as well as Federal and Provincial links. Evolving Cannabis Policy The impact of the legalization of cannabis will continue to be monitored by staff at all three levels of government. The regulations adopted at the early stages of legalization will need to be 196 LEG 08-18 December 10, 2018 Subject: Cannabis Regulation Page 8 reviewed and revised as information continues to become available. Staff will continue to . coordinate with Region of Durham staff, and participate in opportunities to provide feedback to both the Federal and Provincial government. Attachments: 1. Not applicable. Information Compiled By: Preps ed/Approved/Endorsed By: Kimberly Thompson Manager, By-law Enforcement Services KT:ks Paul Bi Direct' r, orate Services & City Solicitor Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer S, Z/ 197 cr; es PCKE ,I G Report to Council Report Number: CLK 04-18 Date: December 10, 2018 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: 2018 Municipal Election Review - File: A-2000-001-18 Recommendation: 1. That Report CLK 04-18 from the Director, Corporate Services & City Solicitor regarding the 2018 Municipal Election, be received for information and that Report CLK 04-18 be referred to when making any decisions regarding the 2022 Municipal Election. Executive Summary: Report CLK 04-18 provides a review of the 2018 Municipal Election and as per section 12.1 (2) of the Municipal Elections Act, 1996, the report provides information on the identification, removal and prevention of barriers that affect electors and candidates with disabilities. Financial Implications: There are no financial implications arising from this report. Discussion: In accordance with By-law 7549/17, the City of Pickering conducted the 2018 Municipal Election by Internet/Telephone voting. The City engaged Dominion Voting Inc. to assist with the conduct of the election. Internet/Telephone voting provided eligible electors on the Voters' List to cast an electronic ballot from their computer, tablet or smartphone from any location provided they had access to an internet connection. Eligible electors were also able to cast an audio ballot from a touch tone telephone. With Internet/Telephone voting, eligible electors were able to vote at any time during an eight-day voting period. Each eligible elector on the Voters' List received an individual Voter Information Letter before the start of the voting period in September. The Voter Information Letter was mailed to eligible. electors in a secure envelop and included an identification number and a PIN. Each elector was required to enter the identification number, PIN, a third piece of personal information (year of birth), and a CAPTCHA verification text to sign in to the voting system to cast a ballot. The Dominion Voting System also featured a Language Management option which enabled each elector to choose English or French for their voting preference and supported a minimum of WCAG 2.0 Level A accessibility standard to ensure compatibility with all market leading screen readers and web accessible devices. 198 CLK 04-18 December 10, 2018 Subject: 2018 Municipal Election Review Page 2 Logistics and Accuracy Testing Prior to the election, the Clerk's Office, with the assistance of IT staff, conducted a logic and accuracy test, which was essentially a mock up election, to ensure that the voting system was fully functional. The City of Pickering also collaborated with other municipalities to conduct Third Party Penetration Tests, by an independent third party, to verify the integrity of the voting system and the voter list management system. Communication Plan A Communication Plan was designed to promote the advantages of Internet/Telephone voting through the City's website and social media, noting the ease, convenience and security of the new voting system. It focused on voters' ability to vote from the comfort of their home, at work, at school for students away from home, avoiding line ups as well as the extended eight-day voting period. The City of Pickering also mailed to every household an information pamphlet in August with key questions and answers and contact information for the electors. In addition, six Voter Assistance Centres were opened throughout the City of Pickering during the Voting Period to assist electors with the voting process, provide information or add electors to the Voters' List. Candidates Information Packages Upon the filing of a Nomination Paper all Candidates were provided with 2018 Municipal Election information which included but not limited to, policies, the Municipal Election Act, voting period information, sign by-law information and contact information. Any additions or changes to information were provided to all Candidates as they became. available. City of Pickering — 2018 Municipal Election Website Page • January 2018 - Clerk's Office staff worked with the City's Communication and Website Coordinators to develop website pages to promote the 2018 Municipal Elections. This included Candidates, Voters and General Information sections. • Mid -April 2018 — Notice to Candidates — May 1, 2018 — First day to file Nomination Papers. • May 2018 — The Municipal Property Assessment Corporation (MPAC) Voter Look -up link was added to the Voter Information section to enable residents to visit voterlookup.ca to find out whether their information was correct for the 2018 Preliminary List of Electors. Here, eligible electors could also update their information, add/delete a name to an address, or change their school support. The MPAC contact information was also provided for further assistance. • September 2018 — Notice to Electors - Did you receive your Voter Information Letter? • October 2018 — Election banners added to the City of Pickering website - Your Vote Counts! Voting period runs from October 15 to 22, 2018. CORP0227-07101 revised 199 CLK 04-18 December 10, 2018 Subject: 2018 Municipal Election Review Page 3 The City's website was updated as required with new information and additional highlights were put in place for significant periods of time in the months leading up to the election (ie. Front Page Banners, Voting Period, Are You On The Voters' List). City of Pickering — Social Media • April 1, 2018 — Messages on City's Facebook, Twitter and Instagram social media accounts for candidates interested in running for local office and information session. • May 2018 - MPAC Municipal Communications Toolkit resources used to spread the word across the community. Voter Lookup messages/web buttons/widgets were posted on the City's Facebook, Twitter and Instagram social media sites. • July 20, 2018 to end of August -- Social Media — On the List to. Vote? (Voter Lookup.ca) • July 23, 2018 — Last day to file a Nomination Paper is July 27, 2018 at 2 pm. • August 20th and September 5, 2018 — Are you interested in working the 2018 Municipal Election? • September 10, 2018 — Did you know that eligible electors will be able to vote from a computer, tablet, telephone or mobile device (link to Dominion Voting video)? • October 2018 — Your Vote Counts! Voting period runs from October 15 to 22, 2018. Visit pickering.ca/election for more info. City of Pickering — Community Outreach • April 2018 — Pickering 101 presentation. • May 2018 — Confirm locations of Special Voting Locations. • Summer 2018 — Voter Lookup buck slips displayed at all front counters at City facilities, including libraries. • Summer 2018 — Staff attended Farmer's Market to promote the Voter Lookup,. educate electors on internet/telephone and answer questions about the 2018 Municipal Elections. • August 2018 — 2018 Municipal Election — Frequently Asked Questions brochure mailed to every household in Pickering and displayed at all front counters at City facilities including libraries. • August 2018 - Recruitment for Election Officials • August 2018 — On Hold Messaging — Are you on the Voters' List? • September 2018 — On Hold Messaging — Did you get your Voter Information Letter? • September 24, 2018 — News Release — City of Pickering Mails Official Voter information Letters to Residents. • October 2018 — On Hold Messaging — Voting Period opens for 2018 Municipal Election. • October 15 to 22 -- Voting Period — Curbex signs at Brock Road North & Concession 3, 1015 Bayly Street and Highway 7 and Mowbray Street. • October 15 to 22 — Voting Period — Billboard message at Pickering Recreation Complex • October 15 to 22 -- Election Helpline opened till 8:00 pm (Monday to Friday) and 12:00 pm to 6:00 pm (Saturday and Sunday) during the voting period. CORP0227-07!01 revised 200 CLK 04-18 December 10, 2018 Subject: 2018 Municipal Election Review Page 4 • October 15 to 22 — Special Voting Locations — Staff attended eight special voting locations to provide assistance with the voting process to the residents at retirement homes and senior living facilities. • October 15 to 22 — Voter Assistance Centres opened at 6 locations throughout the City of Pickering. Dates and times advertised on the City's Website and in Community Page Ads. City of Pickering -- Community Page Ads in Pickering. New Advertiser • March 28 and April 4, 2018 — 2018 Municipal Election — Notice to Candidates Nominations • May 2018 - Tax bill insert • July 11, 18 and 25, 2018 -- Public Notice — Close of Nomination • July 11, 18 and 25, 2018 — Are you on the Voters' List for the 2018 Municipal Election • September 5 and 12, 2018 — Are you interested in working at the 2018 Municipal Election • October 3, 2018 — Voter Information Letters have been mailed. Contact Election Helpline if you did not receive your letter. • October 10 and 17, 2018 — 2018 Municipal Election — List of Voter Assistance Centres Accessible Election As required by the Municipal Elections Act, 1996, the City Clerk is also responsible to ensure that the municipal elections are fully accessible and to identify steps taken for the identification, removal and prevention of barriers that affect electors and candidates with disabilities. Please see below for a listing of initiatives that were undertaken by the City of Pickering to deliver an accessible election. • Ensured that all Voter Assistance Centres were physically accessible to electors with disabilities. • Provided voting opportunities in institutions and retirement homes. • .Confirmed with lnternetlTelephone voting system provider that technology was fully accessible. • Provided candidates with information on how to make their campaign more accessible. • Provided Election Officials with information/training on accessibility requirements during the election process. Voting Service Interruption During the planning and running of the Municipal Election, every process was reviewed, tested and modified as required so that the integrity of the election was protected. That being said, the City of Pickering along with approximately 50 other Ontario municipalities, experienced an issue with the voting system. Just after 6:00 pm on the last day of the eight-day election period (October 22, 2018), the Internet/Telephone Voting System (IVS) provided by Dominion Voting experienced service disruption of the IVS portal. This disrupted service for approximately 90 minutes. CORP0227-07!01 revised 201 CLK 04-18 December 10, 2018 Subject: 2018 Municipal Election Review Page 5 The issue was determined to be the result of a load issue caused by a limit incorrectly placed on incoming traffic to the IVS system by the hosting Internet Service Provider. Once alerted to the issue, the company was able to restore full system service at approximately 8:00 pm. During the interruption, the City of Pickering received many calls from Electors that could not complete the voting process. At around 7:30 pm, Election Officials were made aware that the system was being worked on and that it should be running at full capacity shortly. The City Clerk made the decision to extend the voting hours to 10:00 pm due to the 90 minute disruption of the voting system. Service disruption messages were posted on the City of Pickering's website, and social media as well as broadcasted across TV stations providing election coverage. All phone and counter inquiries were informed of the time extension and 5 of the Voter Assistance Centres hours were extended. At no time were any security -related issues detected or reported regarding Dominion's system. The system itself was not at risk before, during or after the service interruption. Although this disruption prevented some voters from casting their ballot during a 90 minute period on one of eight voting days, City staff are confident that the voting process remained secure and accurate and that extending the voting period for two hours more than compensated for the 90 minute service disruption. Summary The Clerk's Office took all steps necessary to comply with all legislative requirements of the Municipal Elections Act, 1996. The City of Pickering chose to change the voting method to an Internet/Telephone Voting system to give voters additional options for how, when and where to vote. This was a new process for Pickering, and City staff are committed to [earning from it and making any and all improvements or modifications necessary to ensure that the 2022 municipal election runs smoothly. The following comments were received from eligible electors during and after the voting period, and will form part of the review process for the 2022 Municipal Election: • Include a list of the candidates with the Voter Information Letters. • Provide a detailed listing of the hours of operation for the Voter Assistance Centres. • Provide an alternate voting method, (ie. paper ballot at Voter Assistance Centres). • Technical improvements required for Telephone voting process. • Better promotion of the InternetlTelephone voting system at Seniors' residences. Additional comments that were made but, cannot be conducted by the Municipality, were to host Candidate Debates in the City for residents to learn about the Candidates and their election platforms. Unfortunately, the City needs to stay independent of the campaigning process but, we CORK/227-07/01 revised 202 CLK 04-18 December 10, 2018 Subject: 2018 Municipal Election Review Page 6 could reach out to community associations to assist them with information on how to conduct debates and information sessions for voters. The Clerk's Office will also look at a way to relay additional information in the way of a Candidate Bio to be placed on our website once a nomination has been filed for 2022. Dominion Voting Systems Election Officials will continue to review and analyze the 1VS service interruption. City staff remain of the view that Internet/Telephone voting should be an option for the 2022 Municipal Election but, we will also take into consideration concerns expressed about the loss of the paper ballot. Consideration must be given to adding a paper ballot option at Voter Assistance Centres for the 2022 Municipal Election. The City Clerk continues to welcome feedback regarding the 2018 Municipal Election so that the City can improve the conduct of future Municipal Elections. Prepared By: l_viLAAL). Debbie Shields City Clerk DS: rm Appr9v=d/Endorsed By: Paul Big io i Director.Corprate Services & City Solicitor Recommended for the consideration of Pickering City Council J Tony Prevedel, P.Eng. Chief Administrative Officer 312_o18 CORP0227-07/41 revised 203 ct og— PICV<ERIRIG Report to Council Report Number: CLK 05-18 Date: December 10, 2018 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: By-law to Govern the Calling, Place and Proceedings of Meetings - Procedural By-law Recommendation: 1. That Report CLK 05-18 respecting a by-law to govern the calling, place and proceedings of meetings be received; 2. That the attached draft Procedural By-law be enacted; and 3. That City Ward 1 Councillor Maurice Brenner be appointed as the Alternate member to the Regional Municipality of Durham Council, as prescribed in Section 04.09 of the Procedural By-law attached. Executive Summary: Section 238 of the Municipal Act, 2001, requires that every municipality enact a Procedural By-law governing the calling and proceedings of meetings. The City Clerk is required to review the procedural by-law in every new term of Council to determine if the existing by-law is relevant and current regarding legislation and policies. Financial Implications: There are no financial implications associated with this by-law. Discussion: Procedural By-laws are fluid documents which evolve over time. They are reviewed and amended in order to achieve meeting efficiencies, clarify meeting procedures, enhance accountability, incorporate best practices and reflect changing legislation, policies and procedures. Bill 68 -- Modernizing Ontario's Municipal Legislation Act, received Royal Assent on May 30, 2017. As a result, a number of changes were made to the Municipal Act, 2001, and some of the amendments require updates to the City of Pickering's Procedural By-law. One of the changes Bill 68 made was to allow a Council of a local municipality to 'appoint one of its members as an alternate member of the upper tier council. The alternate member would act in the place of a Regional Councillor of the City of Pickering, when a Regional Councillor is unable to attend a meeting of the upper tier council for any reason. This appointment would allow for full representation of the Municipality at all times at Region of Durham Council Meetings. Alternate members must follow the procedures that the Region of Durham has put in place for appointed alternate members. 204 CLK 05-18 By-law to Govern the Calling, Place and Proceedings of Meetings - Procedural By-law December 10, 2018 Page 2 Amendments to the Procedural By-law are listed below and highlighted in the Draft Procedural By- law attached. New definition of a meeting (P. 5, Section 1n) Bill 68 - Clarification New Meeting Days for Committee and Council Meetings P. 8, Section 04.02 and P. 9, Section 04.05) Amended Bill 68 - Addition Appointment of Alternate Member to Upper Tier Council • (P.10, Section 04.09) New Closed meeting exceptions (P. 11, Closed Meeting Rules, Section 05.01 h) to k) Bill 68 - Addition Education & Training Sessions (P. 13, Section 05.13, a to d) Clarification Disclosure of Pecuniary Interest Rules (P. 14, Section 06.01 to 06.05) Bill 68 — Addition of Written Declaration and Clarification of rules Cancellation/Postponement of Meetings (P. 15, Section 07.03) Clarification Delegations (P.20, Section 12.01 g) Addition - Clarification Attachments: 1. Draft Procedural By-law 2. Declaration of Interest — Prescribed Form Prepared By: Debbie Shields City Clerk Approvcdl; ndorsed By: Paul Bigio Director, for Recommended for the consideration of Pickering City Council , ! VIZ' 4°18 Tony Prevedel, P.Eng. Chief Administrative Officer C0RP0227-07ro1 revised 205 to Services & City Solicitor ATTACHMENT#_TO REPORT# CLX The Corporation of the City of Pickeringi.of. By-law /18 Being a by-law to govern the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings. Whereas, Subsection 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, provides that every municipality shall pass a procedure by-law for governing the calling, place and proceedings of meetings. Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: Index Page 01 Definitions 5 02 Application of this By-law 6 03 Duties 6 Council Mayor/Chair 04 Types of Meetings of Council inaugural Meeting Regular Council Meetings Special Meetings of Council or a Standing Committee Closed Meetings Standing Committee Meetings Statutory Public Information Meetings Advisory Committees Special or Ad Hoc Committee Appointment of Alternate Member to Upper Tier Council 05 Closed Meeting Rules General Public Information on Closed Meeting Business Information -- Confidential Distribution of Confidential Material Limits on Voting Actions at Closed Meeting Attendance at a C[osed Meeting Final Decision on Item from Closed Meeting Authority to Speak on Closed Meeting Matters Confidential Report Enquiries Regarding Closed Meetings Contraventions Complaints About the Appropriateness of a Closed Meeting 8 10 206 By-law /18 Page 2 Education & Training Sessions 06 Disclosure of Pecuniary Interest Rules 14 Actions Regarding a Meeting 07 Notification of Meetings Public Notification Emergency Notification Cancellation/Postponement of Meetings 08 Meetings Place of Meetings Chairing of Meetings Clerk's Attendance at Meetings Recording of Minutes Committee Meetings - Rules of Procedure Prohibited — Signs, Banners, Emblems, Flags, Cameras, Video Recordings Access to Council Floor Meeting Called to Order Quorum Absence of Chair Agendas and Minutes Consideration of Items Adjournment Hour/All Meetings Motion to Continue Past 12:00 am 09 Conduct at Meetings Members of the Public Members of Council Actions When a Member's Behaviour is Inappropriate 10 Order of Business Order of Business for the regular Meetings of Council Change in Order 14 15 18 19 11 Presentations 19 12 Delegations Delegations Delegation Time Limit Delegations at a Statutory Public Meeting Delegations Requesting Action Audio Visual Equipment for Delegations Priority of Delegations Conduct of the Delegation Questions to the Delegation 207 20 Bylaw /18 Page 3 13 Correspondence 22 14 Committee Reports 22 15 New and Unfinished Business 23 Reports of an Urgent Nature Introduction of a Motion 16 Notice of Motion 23 17 By-laws 23 18 Other Business 24 Notice of Motion Substantive Information Reports 19 Confirmatory By-law 24 20 Adjournment 24 21 Rules of Debate 24 Chair Reads Motion Aloud Requirement to Read Motion Decorum During Debate Recognition of Member Order of Speakers Speaking to a Motion Questioning the Motion Proceedings Decided by Chair Chair's Decision Final Unless Appealed Appeal of Decision of Chair 22 Common Motions Seconding Withdrawal Priority of Disposition Questions of Privilege and Points of Order Motion to Table Motion to Divide Referral Motion Motion to Postpone to a Certain Time/Deferral Motion Amendments Motion to Adjourn Reconsideration Local Planning Appeal Tribunal (LPAT) Reconsideration Motion to Rescind Question Stated No Interruption After Question 26 208 By-law /18 Page 4 23 Voting Requirement to Vote Vote Not Allowed Voting on Amendments Determination of Votes No Secret Voting Decorum While Calling Vote Disagreement with Result of Vote Recorded Vote of Council Vote of the Chair Vote on the Question 29 24 Contingencies 31 25 Suspension of Rules 31 26 Two -Thirds Vote 31 27 Commencement and Administration 31 209 By-law /18 Page 5 01 Definitions a) "Act" - The Municipal Act, S.O. 2001, c.25, as amended or re-enacted from time to time; b) "Acting Mayor" - The member of Council appointed to act in place of the Mayor under section 242 of the Act; c) "Chair" - the person elected or chosen to preside over a Council, Standing Committee or other type of meeting; d) "Chief Administrative Officer" - the Chief Administrative Officer of the City of Pickering; e) "Clerk" - the Clerk of the City of Pickering; f) "Closed Meeting" - a Meeting which is not open for public attendance; g) "Committee" - includes Standing Committees, Ad -Hoc Committees and Advisory Committees, which may be appointed by Council from time to time; h) "Council" - the Council of the City of Pickering; i) "Councillor" - the elected representative of a Ward on the Council of the City of Pickering; j) "Delegation" - an address to Council or a Committee by one or more persons who are not members of Council or City staff; k) "Inaugural Meeting" - the first meeting of a new Council after a municipal election where the declarations of office are made; I) "Majority" - greater than 50% of the Members present; m) "Mayor" - the Head of Council for the City of Pickering; n) "Meeting" - any regular, special or other meeting of Council, of a Local Board or of a Committee where a quorum of members is present and the members discuss or otherwise deal with any matter in a way that materially advances the business or decision making of the Council, Local Board or Committee o) "Member" - a member of the Council or Committee; p) "Notice of Motion" - advance notice to Members of a matter on which Council will be asked to take a position; 210 By-law /18 Page 6 q) "Pecuniary Interest" -- a direct or indirect Pecuniary Interest within the meaning of the Municipal Conflict of Interest Act, RSO 1990, c M.50, as amended; r) "Presentation" - a ceremonial presentation to or from the City of Pickering; s) "Public Consultation Meeting" - a meeting hosted by staff, committee or Council in order to receive input from the public regarding a specific matter; t) "Recorded Vote" - the making of a written record of the name and the vote of each Member who votes on a question; u) "Regular Meeting".- a scheduled meeting held in accordance with the approved calendar/schedule of meetings; v) "Rules of Procedure" - the rules which are set forth in this by-law; w) "Special Meeting" - a meeting of Council or a Committee that is arranged outside of the normal meeting schedule to deal with only specific item(s) of business; x) "Standing Committees" — the Meetings referred to in section 4.5 of this By- law; and y) "Statutory Public Information Meeting" - a meeting that is legislated under an Act and hosted by staff, standing committee or Council in order to inform the members of the public about a matter. 02 Application of this By-law The Rules of Procedure contained in this By-law shall be observed in al! proceedings of Council and shall be the rules of order of business in Council and Committee. In the case for which provision is not made in this By-law, the procedure to be followed shall .be determined by a majority vote of the Members present and voting. 03 Duties 03.01 Council Members of Council shall come prepared to every Meeting by having read all the material supplied, including agendas and staff reports, to facilitate discussion and the determination of action at the Meeting. Whenever possible, the Member(s) shall make inquiries of staff regarding the materials supplied in advance of the Meeting. 03.02 The Mayor or Chair shall: a) Open the Meetings by taking the chair and calling the Members to order. 211 By-law /18 Page 7 b) Announce the business before Council or the Committee and the order in which it is to be acted upon. c) Receive and submit, in the proper manner, all motions presented by the Members. d) Put to a vote all motions, which are moved, or necessarily arise in the course of the proceedings, and announce the result. e) Enforce the Rules of Procedure and rule upon all procedural matters. f) Restrain the Members, when engaged in debate, within the Rules of Procedure. 9) Enforce on all occasions the observance of order and decorum by the Members and any other persons present in the Chamber. h) Call by name, any Member persisting in breach of the Rules of Procedure and to order him/her to vacate the Chamber in which the Meeting is being held. i) Where it is not possible to maintain order, the Chair may, without any motion being put, recess or adjourn the Meeting to a time to be named by the Chair. j) Permit questions to be asked through the Chair of any staff in order to provide Members with information to assist any debate when the Chair deems it proper. k) Rule on any points of order or points of privilege without debate or comment. I) Rule whether a motion or proposed amendment is in order. m) Ascertain that all Members who wish to speak on a motion have spoken and that the Members are ready to vote, and shall then put the vote. n) The Chair may speak and/or vote on any question, but if he/she wishes to make a motion, he/she shall first leave the Chair by designating an Acting Chair to act in their place, until they resume the Chair. o) Call for a motion to adjourn the Meeting when the business is concluded. 212 By-law /18 Page 8 04 Types of Meetings of Council 04.01 Inaugural Meeting a) The inaugural meeting of Council shall be held on the first. Monday after Council takes office pursuant to the Municipal Elections Act. b) The order of business for the first meeting of Council shall be as follows: (i) Call to Order (ii) Invocation (iii) Swearing in ceremony '(iv) Inaugural address (v) Adjournment. 04.02 Regular Council Meetings All regular Meetings of the Council shall be held on the fourth Monday of each month at the hour of 7:00 pm unless otherwise provided by resolution of the Council. If a Council Meeting falls on a public or civic holiday, the Council shall meet at the same hour on the next following day, which is not a public or civic holiday, unless otherwise provided by resolution of the Council. 04.03 Special Meetings of Council or a Standing Committee a) In addition to regular Meetings, the Mayor may at any time summon a Special Meeting of Council or a Standing Committee by giving written direction to the Clerk stating the date, time and purpose of the special Meeting. b) Upon written receipt of a petition of the majority of the Members of Council, the Clerk shall call a Special Meeting for the purpose and at the time and date mentioned in the petition. c) The Clerk shall give all Members notice of a Special Meeting twenty-four hours before the time appointed for such Meeting. Notice will deem to have been given on the day that the Notice was delivered by electronic mail to the address provided by the Member of Council to the Clerk for delivery of Notices, and in default of provision of such address, to the Member's City Hall office. d) The notice to be given shall indicate the nature of the business to be considered, as well as the Special Meeting, date, time and place of the Special Meeting. e) No business other than that indicated in the notice shall be considered at the Special Meeting. 213 By-law /18 Page 9 04.04 Closed Meetings All Meetings of Council closed to the public will be held prior to the regular start time, unless otherwise provided by resolution of Council, and will only deal with matters that Council is authorized to deal with in a closed session. 04.05 Standing Committee Meetings a) There shall be a Planning & Development Committee and an Executive Committee, to be considered as Standing Committees of Council for the purposes of this By-law, to be organized as follows: b) The Planning & Development Committee and the Executive Committee shall be comprised of all Members of Council.. c) The Executive Committee shall meet on the first Monday of each month at 2:00 pm in the Council Chambers, unless otherwise provided by resolution of the Council. It shall be the duty of the Executive Committee to study and report to Council on matters under the jurisdiction of the Office of the CAO, the Community Services Department, the Corporate Services Department, the Engineering Services Department, Finance Department, the Human Resources Department, and the Fire Services Department. d) The Planning & Development Committee shall meet on the first Monday of each month at 7:00 pm in the Council Chambers, unless otherwise provided by resolution of the Council. It shall be the duty of the Planning & Development Committee to study and report to Council on matters under the jurisdiction of the City Development Department. 04.06 Statutory Public Information Meetings a) Public hearings shall be held at Standing Committee meetings, as required by applicable legislation, or by Council, or when considered desirable by staff. b) Appropriate advertising shall be undertaken as required by applicable legislation, by-law or according to City policy, to advise interested persons of the subject, date and time. 04.07 Advisory Committees a) All Advisory Committees of Council are required to adhere to this Procedural By-law and the general terms of reference for all advisory committees and at the first meeting following a general municipal election, are required to adopt and approve the specific terms of reference for the committee and forward to Council for approval by no later than March following a municipal election; b) All advisory committees are required to present a yearly work plan and annual report on the status of the work plan to Council; and 214 Appointment of Alternate Member to Upper Tier Council c) Council may not appoint an alternate for the Alternate Member; and By-law /18 Page 10 c) Members of Council that serve on Advisory Committees may move, second and vote on items. 04.08 Special or Ad Hoc Committee 04.09 Council may at any time appoint a special or ad hoc Committee to enquire into and report on any matter. When a Special or Ad Hoc Committee has completed its work and made its report to Council, the Committee shall be deemed to be dissolved. Council may appoint one of its Members as an Alternate Member of the Upper Tier Council to act in place of any Regional Councillor when they are unable to attend a meeting of the Upper Tier Council for any reason, subject to the following limitations: a) No more than one Alternate Member may be appointed during the term of Council; b) Notwithstanding Section 4.9(a), if the seat of the appointed Alternate member becomes vacant, Council may appoint another of its members as an Alternate Member for the remainder of the term of Council; d) When acting in their capacity as an Alternate member on the Upper Tier Council, the Alternate Member shall adhere to all policies, procedures, practices, and codes of conduct established by the Upper Tier Council. 05 Closed Meeting Rules 05.01 General A meeting or part of a meeting may be closed to the public if the subject matter being considered is: a) the security of the property of the municipality or local board; b) personal matters about an identifiable individual, including municipal or local board employees; c) a proposed or pending acquisition or disposition of land by the municipality or local board; d) labour relations or employee negotiations; 215 By-law /18 Page 11 e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; f) advice that is subject to solicitor -client privilege, including communications necessary for that purpose; g) a matter in respect of which council, board, committee or other body may hold a closed meeting under another Act; h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them; 1) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; j) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. 05.02 Public Information on Closed Meeting Business a) Before holding a Closed Meeting or part of a Meeting that is to be closed to the public, Council or a Committee must state the fact of the holding of the closed meeting, and the general nature of the matter to be considered at the closed meeting and, if the Closed Meeting is an educational or training session the fact that it is closed pursuant to section 239(3.1) of the Act. b) If a member of Council wishes to introduce new business at a Closed Meeting, it must be introduced in open session after roll call while Council is still in the Chambers. Two-thirds of Council must determine, by vote, whether the matter will be dealt with in closed session that evening. No debate on the issue will take place until the motion to deal with the new business has been decided. 05.03 Information - Confidential All information, documentation or deliberations received, reviewed, or taken in a Closed Meeting, including the detailed agenda, is confidential and must not be released to the public or any individual not entitled to be present at the Closed Meeting. 216 By-law /18 Page 12 05.04 Distribution of Confidential Material The Clerk must distribute all confidential reports and material for Closed Meetings in sealed envelopes that are marked with each Member's name. Confidential material must not be emailed to Members or staff. 05.05 Limits on Voting Actions at Closed Meeting No voting may take place during a Closed Meeting except if the vote is for a procedural matter or for giving direction or instructions to officers, employees or agents of the City, or persons retained by or under contract with the City. 05.06 Attendance at a Closed Meeting Members can only attend a Closed Meeting in person. 05.07 Final Decision on Item from Closed Meeting Subject to the provisions of Section 239 of the Act, a Closed Meeting agenda item that requires a final decision must be implemented by Council resolution or By-law at a future public meeting of Council. 05.08 Authority to Speak on Closed Meeting Matters When a decision is made by Council to relay information to the public regarding a Closed Meeting item, the Mayor or the Mayor's delegate will release the information. 05.09 Confidential Report When a Closed Meeting of Council has been held, the Public Agenda of the Closed Meeting shall be available at the first Regular Council meeting following the Closed Meeting. 05.10 Enquiries regarding Closed Meetings The response of Members to inquiries about any matter dealt with by Council or a Committee at a Closed Meeting, prior to it being reported publicly, must be "no comment", or words to that effect. No member is allowed to release or make public any information considered at a Closed Meeting or discuss the contents of such a Meeting with anyone other than Members or staff who were present at the Closed Meeting. 05.11 Contraventions a) Any Member who contravenes section 5.8 or section 5.9 is guilty of an offence and upon conviction may be liable to a fine or penalty as provided for in the Provincial Offences Act. 217 By-law /18 Page 13 b) A decision to prosecute a Member under this section may only be made after Council has met to consider the matter, at which time the Member proposed to be prosecuted may be present and has the option of attending with legal counsel. The said Member has the option of requesting that the Meeting be held in public or that it be closed to the public. c) No prosecution for a contravention of section 5.8 or section 5.9 may be commenced except on the direction of Council, expressed in a resolution of Council. 05.12 Complaints About the Appropriateness of a Closed Meeting A person may request that an investigation of whether a municipality or local board has complied with section 239 or a procedure by-law in respect to a Closed Meeting or part of a Closed Meeting will be undertaken by the Ombudsman appointed under the Ombudsman Act, if the municipality has not appointed an investigator. Any complaints made in relation to the appropriateness of a Closed Meeting under section 239.1 of the Act must be in writing pursuant to section 239.2 of the Act and directed to the Clerk who will forward to the Investigator appointed by Council to review complaints. All complaints are confidential and forwarded directly to the investigator to be dealt with as required by section 239.2 of the Act. 05.13 Education & Training Sessions a) The Council, in deciding to convene an Education & Training Session, shall designate the general purpose or purposes for which the session is to be held as permissible under Section 239 of the Municipal Act, 2001. b) Notice shall be given in accordance with Section 07. c) At the meeting, no member shall discuss or otherwise deal with any matter in a way that materially advances the business or decision- making of the Council. d) The Clerk shall take notes describing in general terms each subject matter dealt with at an Education & Training Session. 218 06 Disclosure of Pecuniary Interest Rules By-law /18 Page 14 06.01 Actions regarding a meeting Where a Member has a pecuniary interest as defined in the Municipal Conflict of Interest Act, the Member shall prior to any consideration of the matter at the meeting, disclose the interest and the general nature thereof. The Member shall not take part in the discussion of, or vote on any question in respect of the matter and shall not attempt in any way whether before, during, or after the meeting to influence the voting on any such question. Members shall not request the Clerk or other Staff members to provide advice or comment on whether a Member has a pecuniary interest. 06.02 Where the meeting is not open to the public, in addition to declaring the conflict, the member shall leave the meeting or the part of the meeting during which the matter.is under consideration. 06.03 Where a member is absent from a meeting which includes a matter on which they have a pecuniary interest, the Member shall disclose the interest at the next meeting attended by the Member. 06.04 The Clerk shall record any declarations of interest made by a Member in the meeting minutes, noting the matter and the general nature of the declaration. 06.05 Any verbal declarations made under Section 6.1 of this By-law shall also be submitted in writing to the Clerk using the prescribed form and shall be made available in the office of the Clerk through a Disclosure of Interest Registry. 07 Notification of Meetings 07.01 Public Notification Public notification shall be deemed to have been given by the posting of the Council or Committee agenda on the City website and available for public review in the office of the City Clerk as follows: a) Committee Meetings — by 4:00 pm on the Friday, 10 days prior to the meeting date. b) Council Meetings — by 4:00 pm on the Friday preceding the Council meeting. c) Special Meetings — at least twenty-four hours preceding the meeting. d) Closed Meetings — at least twenty-four hours preceding the meeting. 219 By --law /18 Page 15 07.02 Emergency Notification Emergency Meetings may be held, without written notice, to deal with issues that may urgently affect the health or safety of residents. The Clerk shall attempt to notify the public of emergency Meetings as soon as possible and in the most expedient manner available. 07.03 Cancellation/Postponement of Meetings Any meeting may be cancelled or reschedule to a day, time and place set out in a written notice from the Clerk, sent to each Member at least twenty- four (24) hours before the scheduled date of the meeting. Upon notice of a Meeting cancellation, the Clerk shall attempt to notify the public as soon as possible and in the most expedient manner available. 08 Meetings 08.01 Place of Meetings All regular Meetings of the Council and Standing Committee meetings shall be held in the Council Chambers at the City of Pickering Civic Complex, One The Esplanade, Pickering, Ontario, unless otherwise decided by resolution of Council. 08.02 Chairing of Meetings a) Every Council meeting shall be chaired by the Mayor, if present; b) The Chair of the Standing Committees shall be rotated each meeting amongst the Members of Council, in alphabetical order. 08.03 Clerk's Attendance at Meetings The City Clerk or Clerk's designate, shall be present at all Meetings of Council; however, he/she may delegate some member of staff to act in his/her stead at a Standing Committee Meeting. 08.04 Recording of Minutes a) The Clerk shall record without note or comment all resolutions, decisions and other proceedings at a Meeting, whether it be closed to the public or not; b) The record required by the Municipal Actin respect of a Meeting, shall be made by: i) The Clerk, in the case of a meeting of Council; or ii) The appropriate officer, in the case of a meeting of a Committee. 220 By-law /18 Page 16 08.05 Committee Meetings - Rules of Procedure The rules of procedure set out in this By-law shall be observed in Meetings of the Committees insofar as they are applicable, provided that: a) A report, setting out the recommendations of any Committee, shall be forwarded to the first regular Council Meeting following the meeting of the Committee. 08.06 Prohibited — Signs, Banners, Emblems, Flags, Cameras, Video Recordings To ensure that all members of the public are comfortable participating in Meetings: a) Signs, banners, emblems, flags, cameras, audio and video recordings by the public are prohibited in the Chambers except by permission of the Chair; b) Notwithstanding the foregoing, the provisions of section 8.6 shall not apply to City Staff, Rogers Cable or any other media, broadcasting or webstreaming service provider permitted by Council. 08.07 Access to Council Floor No person except members of Council, the Clerk, and officials authorized by the Clerk: a) Shall be allowed on the floor of the place a Meeting is being held while Council or a Committee is sitting; b) Material to be distributed to Council during a Meeting can only be distributed by the Clerk or the Clerk's designate. 08.08 Meeting Called to Order The Chair, as soon after the hour is fixed for the holding of the Meeting of the Council, and if a quorum is present, shall take the Chair and call the Meeting to order. 08.09 Quorum a) If a quorum is not present one-half hour after the time appointed for a Meeting of the Council and/or Committee, the Clerk shall record the names of the Members present and the Meeting shall stand adjourned until the next Meeting. b) A majority of the Members elected to the Council shall constitute a quorum. 221 By-law /18 Page 17 08.10 Absence of Chair a) Council Meetings - If the Mayor does not attend within fifteen minutes after the hour is fixed for the holding of the Meeting of the Council and if a quorum is present, an Acting Mayor who has been appointed to this position by a resolution of Council shall preside over the Meeting and have the same authority to chair the Meeting as the Mayor would have had, if present. b) When the Mayor and Acting Mayor are absent or refuse to act, the Council may by resolution appoint one of its Members to act in the place and stead of the Mayor and Acting Mayor, and such Member shall have the same authority to chair the Meeting as the Mayor. c) Standing Committee Meetings -- If the Chair does not attend within fifteen minutes after the hour is fixed for the holding of the Meeting of the Committee and if a quorum is present, the Council Member who is next in alphabetical order to Chair will assume the position of Chair. 08.11 Agendas and Minutes The agendas, minutes and any written notices pertaining to any Standing Committee and Council Meeting shall be sent to all Members of Council. 08.12 Consideration of Items Council may consider any matter without referring it to a Committee or may refer it to a Committee or to any number of Committees, and may withdraw a matter from a Committee at any time. 08.13 Adjournment Hour/All Meetings All regular Meetings shall stand adjourned when all business has been completed as listed on the Order of Business or at the hour of 12:00 am. 08.14 Motion to Continue Past 12:00 am a) In the event the business before Council has not been completed at the hour of 12:00 am, then Council may, by a majority vote of all the Members present, approve an extension of the Meeting to the hour of 1:00 am. b) At 1:00 am, any unfinished business shall be deferred to the next regular Meeting of Council, unless a resolution of Council is made to reconvene the Council Meeting to another day and time prior to the next regular Meeting of Council. A resolution to reconvene to another day and time requires a majority vote. If a resolution of Council to reconvene the Council Meeting to another day prior to the next regular Meeting is adopted, the Meeting must be rescheduled not sooner than 48 hours after the original Meeting in order to provide Council, staff 222 By-law /18 Page 18 and interested parties an opportunity to make arrangements to attend the rescheduled Meeting. c) Motions to continue past 12:00 am are not debatable. 09 Conduct at Meetings 09.01 Members of the Public The Chair will ensure that members of the Public shall be respectful of Council, staff, delegations and all attendees at the Meeting by not heckling, speaking disruptively while debate is in progress, making comments or applauding. 09.02 Members of Council Members of Council shall: a) act in accordance with their Oath of Elected Appointed Officials; b) treat the Chair, other Members, staff and delegates from the public with courtesy, respect and good faith; c) hold in strict confidence all information concerning matters dealt with in Closed Meetings. d) not speak disrespectfully of the Reigning Sovereign, or of any of member of the Royal Family, or of the governor-general, the Lieutenant -Governor of any Province, of any member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario; e) not use offensive words or unparliamentarily language in or against Council or against any Member; f) not speak on any subject other than the motion being debated; g) not criticize any decision of Council except for the purpose of moving a motion to reconsider a previous decision of Council. 09.03 Actions When a Member's Behaviour is Inappropriate The Chair may Call the Member to Order and take one or more of the following actions: a) decide that there was no breach of the rule; b) ask the Member in breach of the rules to stop the behaviour; 223 By-law /18 Page 19 c) ask the Member to withdraw what was said; or, d) ask the Member to apologize. 09.04 If previous attempts to ca][ the member to order have failed, the Chair may decide, not to recognize the Member, for the balance of that meeting, in which case the Member shall not speak or vote for the remainder of that Meeting. 10 Order of Business 10.01 The Order of Business for the regular Meetings of Council shall be as follows: a) Meeting Called To Order b) Invocation c) Disclosures of Interest d) Minutes of Previous Meetings e) Presentations f) Delegations g) Correspondence h) Committee Reports i) New and Unfinished Business j) Motions and Notices of Motion k) By-laws I) Confidential Council m) Other Business n) Confirmation By-law o) Adjournment. 10.02 Change in Order All business shall be taken up in the order in which it appears on the agenda unless otherwise decided by a vote of the majority of the Members present and voting. 11 Presentations 11.01 Presentations a) Charities, organizations or individuals wishing to address Council to inform Members of special events or achievements, to seek Council's recognition of an event or achievement or to make a presentation to Council shall request the opportunity to be granted presentation status. 224 By-law /18 Page 20 b) It shall be the duty of the Mayor to make presentations and to accept presentations, on behalf of Council, at Meetings of Council. Where a presentation is made or accepted from an organization on which a member of Council has been appointed to sit, the presentation shall be jointly made or accepted with the appointed member of Council. Where otherwise appropriate, presentations may be made or accepted jointly with another Member or Members of Council. c) The request for presentation status shall be submitted to the Clerk, in writing, no later than 14 days preceding the Meeting at which the presentation is to be made. 12 Delegations 12.01 Delegations a) Delegations are encouraged to appear before the Standing Committee having charge of the matter which is the subject of the delegation. b) Delegations that have appeared at a Standing Committee regarding a particular matter and wish to relay additional and/or new information about that matter at Council may do so. c) All delegations for items listed on an agenda shall register in writing with the City Clerk by 12:00 noon on the Meeting date. d) All delegations for items not listed on an agenda shall register ten (10) days prior to the Meeting date. e) Delegations that have not registered in writing by the timelines noted in 12.1(c) and 12.1(d) shall only be heard at a Meeting if permitted by a two-thirds majority vote of Members present at the meeting. f) Delegations are encouraged to submit a written brief and, if the brief is submitted to the Clerk by 12:00 noon on the Friday preceding the Meeting, it shall be copied and distributed as "Delegation" submissions to Members. 9) A delegation appearing before Council or Committee for items not listed on an agenda shall not be placed on an Agenda to discuss the same matter within six (6) months of the last appearance by the same delegate, unless otherwise approved by Council. 12.02 Delegation Time Limit a) A maximum of 10 minutes shall be allotted for each delegation to present his/her/their position at a Meeting. 225 By-law /18 Page 21 b) A delegation will not be permitted to take any unused time allocated to another delegation. 12.03 Delegations at a Statutory Public Meeting Delegations will be permitted from the gallery without prior registration only during the Statutory Public Information Meeting portion of a Meeting held under the provisions of the Planning Act, or prior to the adoption of certain by-laws at a Council Meeting, if required to comply with applicable laws. Delegations are not required to register for a Statutory Public Information Meeting but are encouraged to do so in order to facilitate the efficient conduct of the Meeting. 12.04 Delegations Requesting Action Delegations which appear at a Meeting and request that action be taken by the Council shall, if required by a majority of the Members present at the Meeting, be referred to City staff for a report that shall be dealt with at a future Meeting of Council. 12.05 Audio Visual Equipment for Delegations The City's audiovisual equipment may be used to assist in presentations by delegations, provided that permission has been obtained for use of such equipment from the Clerk at least 5 working days prior to the Meeting date. All presentation materials must be delivered to the Clerk by 12:00 noon on the Friday before the meeting at which the delegation is to appear. 12.06 Priority of Delegations Delegations shall be listed in the agenda in the order in which the Clerk received the requests. It being understood that where more than one person wishes to make a presentation, on a particular matter, the proponent or his or her authorized representative, will be listed last in order to afford the proponent the opportunity of making a presentation after all other interested persons have done so. 12.07 Conduct of the Delegation a) The Chair may curtail any delegation and any questions to a delegation for disorder or any other breach of this by-law and, if the Chair rules that the delegation is concluded, the person or persons appearing shall end the delegation. b) Delegations shall not: (1) speak disrespectfully of any person; (ii) use offensive words; 226 By-law /18 Page 22 (iii) speak on any subject other than the subject for which they have received approval to address Committee or Council; (iv) disobey a decision of the Chair or Committee or Council; (v) debate with other delegations, City staff, Council Members or the Chair. 12.08 Questions to the Delegation a) Upon the completion. of a presentation to Committee or Council by a delegation, any discussion between Members and the delegation shall be limited to Members asking questions for clarification and obtaining additional, relevant information only. • b) All questions to a delegation from Members shall be stated succinctly. Members shall not question a delegation for the purpose of expanding the scope of the delegation's remarks or for adding the Member's own statements through the delegation. Delegations are an opportunity for delegates, not Members, to make their views known. For example, questions from Members such as "are you aware", "do you agree" or "wouldn't you say" shall not be permitted as they do not seek clarification or additional relevant information. Members shall not enter into debate with delegations. Questions to the delegation shall be presented in a courteous and non - argumentative manner. c) Once a motion has been moved and seconded, no further representation or questions of the delegation shall be permitted. 13 Correspondence 13.01 All correspondence intended to be presented to Council through the Council agenda shall be legibly written or printed, shall not contain any impertinent or improper matter or language and, shall be signed by at least one person and shall be filed with the Clerk by no later than 12:00 noon on the Wednesday before the Meeting of Council. 13.02 The Clerk shall prepare a summary of the substance of all correspondence for inclusion in the agenda. 14 Committee Reports 14.01 Standing Committee reports that are to be adopted by Council shall be forwarded to the first regular Council Meeting following the meeting of the Standing Committee and shall be listed under the Committee Reports section of the agenda. By-law /18 Page 23 15 New and Unfinished Business 15.01 Reports of an Urgent Nature Departmental reports which are deemed by the Chief Administrative Officer to be of an urgent nature and which have not been considered by a Standing Committee shall be listed under the New and Unfinished Business section of the agenda for Council's consideration. 15.02 Introduction of a Motion a) A Member may, with the consent of two-thirds of the Members present, introduce a motion under New and Unfinished Business if the motion cannot, due to its urgent nature, be properly presented at a Meeting in accordance with Section 16.1. b) A Member desiring to introduce a main motion must do so in writing to the Clerk. 16 Notice of Motion 16.01 A Member desiring to introduce a notice of motion must do so in writing at any Meeting, at least 10 days prior to the Meeting at which the motion will be dealt with. Introduction of notices of motion must be done as "Other Business". 16.02 In order to be listed in the agenda, a copy of the motion being considered by Council, must be forwarded to the Clerk, signed by the mover and seconder, no later than 12:00 pm on the Wednesday prior to the Council Meeting at which the motion will be dealt with. 16.03 The Clerk, upon receipt of a notice of motion in accordance with a) and b), shall print the motion in full in the agenda for the Council Meeting at which it is to be dealt with. 16.04 A notice of motion that has been introduced but does not appear on the agenda within two Council Meetings shall be removed from the list of upcoming agenda items, unless otherwise directed by Council. 17 By-laws 17.01 All by-laws shall be passed in a single motion, unless a Member wishes to discuss the contents of a particular by-law or by-laws, in which case the subject by-law(s) shall be removed from the motion and dealt with separately. 228 By-law /18 Page 24 17.02 Every by-law, when introduced, shall be in typewritten form, shall be complete except for the by-law date and number and shall contain no blanks except such as may be required to conform to accepted procedure or to comply with the provisions of any Act. 17.03 Every by-law which has been passed by the Council shall be numbered, dated, sealed with the seal of the Corporation, signed by the Mayor and the Clerk and deposited by the Clerk in his/her office for safekeeping. 18 Other Business 18.01 Other Business At any Meeting under Other Business, Members may congratulate, report on events and promote upcoming events of public importance or interest. 18.02 Notice of Motion A Member who wishes to give notice of a motion to be brought forward for future Council consideration shall do so in writing under "Other Business". 18.03 Substantive Information Reports All Members' requests for substantive information or reports from staff shall require the approval of a majority of Members present at a Meeting. Such requests shall identify the appropriate Department and/or Director and the objective(s) of the report. 19 Confirmatory By-law 19.01 At the conclusion of all regular and special Meetings of Council, and prior to adjournment, a by-law shall be brought forward to confirm the actions of the Council in respect of all motions, resolutions and other actions taken subsequent to the last regular Council Meeting. A confirmatory by-law, when introduced, shall be taken as having been read and shall be voted on without debate. 20 Adjournment 20.01 The Council may adjourn upon a motion approved by the majority of Members present. 21 Rules of Debate 21.01 Chair Reads Motion Aloud To begin debate, the Chair reads the motion aloud. 229 By-law /18 Page 25 21.02 Requirement to Read Motion Any Member may require a motion under discussion to be read at any time during the debate but not so as to interrupt a Member while speaking. 21.03 Decorum During Debate During debate, and while the Chair is speaking, or when the Council is engaged in voting, no Member is permitted to disturb the Council by whispering, or walking across the floor, or in any other way except to raise a point of order. 21.04 Recognition of Member Every Member shall raise his/her hand and be recognized by the Chair prior to speaking to any matter or motion. 21.05 Order of Speakers When two or more Members raise their hands to speak, the Chair shall designate the Member who has the floor who shall be the Member who, in the opinion of the Chair, raised his/her hand first. 21.06 Speaking to a Motion A maximum of 10 minutes shall be allotted to each member wishing to speak to present his/her position on the motion. No Member shall speak more than once to the same motion except: a) with leave of the Chair, for not more than 5 additional minutes, in explanation of a material part of their speech which may have been interpreted incorrectly; b) with leave of the Chair, for not more than 5 additional minutes, after all other Members so desiring have spoken; or c) in reply, as may be allowed with leave of the Chair, by the Member who presented the motion, in which case the Member shall speak for no longer than a 5 minute period. 21.07 Questioning the Motion a) A Member may ask a question during the course of debate only for the purpose of obtaining information relating to the motion under discussion and such question must be stated concisely and asked only through the Chair. b) Notwithstanding the above, when a Member has been recognized as the next speaker, such Member may immediately before speaking ask a question through the Chair on the motion under discussion, but 230 By-law /18 _ Page 26 only for the purpose of obtaining information, following which the Member shall speak. 21.08 Proceedings Decided by,Chair In all other proceedings of Council, the matter shall be decided by the Chair, subject to an appeal to Council on a point of order. 21.09 Chair's Decision Final Unless Appealed Unless a Member immediately appeals to the Council the Chair's decision, the decision of the Chair shall be final. 21.10 Appeal of Decision of Chair If the Member appeals to Council, it shall be done by a duly moved and seconded motion, and Council shall decide the question without debate and the decision shall be final. The question to Council would be "Do you support the Chair's ruling, "Yes" or "No". A tie vote sustains the decision of the Chair. 22 Common Motions 22.01 Seconding A motion must be formally seconded before the Chair can put the question or for it to be recorded in the Minutes. 22.02 Withdrawal The mover and seconder may withdraw a motion or a notice of motion at any time prior to it being read and, in such event, the motion shall not be included in the minutes of the Meeting. After a motion has been read or stated by the Chair, it shall be deemed to be in possession of Council, but may, with the permission of Council, be withdrawn at any time before decision or amendment. 22.03 Priority of Disposition A motion, properly before Council for decision, must be disposed of before any other motion or matter can be introduced, with the exception of any one of the following: a) a point of order or personal privilege b) to table c) to divide d) that the question be now put 231 By-law /18 Page 27 e) to refer f) to defer g) to amend h) to suspend any section of the Rules of Procedure i) to recess j) to adjourn. 22.04 Questions of Privilege and Points of Order The Chair shall preserve order and decide points of order and questions of privilege. When a Member has a point of order or question of privilege, it shall be considered and decided immediately. The Member shall ask leave of the Chair to rise for the purpose of drawing attention to the matter. If leave is granted by the Chair, the Member must state his/her point to the Chair as succinctly as possible and await the decision of the Chair. Once the Chair has made a decision the business of Council shall resume at the point where it was suspended. 22.05 Motion to Table A Member shall not be allowed to speak to a motion and immediately move a tabling motion. 22.06 Motion to Divide A motion containing distinct proposals may be divided and a separate vote shall be taken upon each proposal contained in a motion if decided upon by a majority vote of the Members present and voting. 22.07 Referral Motion A motion to refer a motion or matter to a Committee or to City staff with instructions is debatable and amendable but, shall be disposed of by Council before the original motion or any other motion pertaining to the original motion. A member who moves a motion to refer shall also include in the motion: (i) The name of the committee, body or official to whom the motion or amendment is to be referred; (11) The terms upon which it is to be referred; and (iii) The date or period, if any, within which the matter is to be returned. 232 By-law /18 Page 28 22.08 Motion to Postpone. to a Certain Time/Deferral Motion A motion to defer a matter to a different time must include time, place, and the purpose of the deferral, if applicable and shall be, in order after a motion is read or stated by the Chair and debate shall be confined to the time and place to which the matter shall be deferred. 22.09 Amendments a) A motion to amend: i) shall be presented in writing if requested by the Chair; ii) shall be relevant to the original motion; iii) shall be disposed of by Council before the original motion; and iv) shall not be received if it proposes a direct negative to the original motion. b) a motion to amend an amending motion shall be disposed of by Council before the motion to amend the original motion; c) only one motion to amend an amendment to the original motion shall be allowed and any further amendment must be to the original motion; 22.10 Motion to Adjourn a) Is not debatable or amendable; b) Is always in order except when a member is speaking or during a vote; c) If carried, requires that the Meeting be immediately halted, regardless of the stage of proceedings; d) If not carried, no new motion to adjourn may be made again until after some intermediate proceedings shall have been completed by Council. 22.11 Reconsideration After a matter has been decided, any Member who voted in the majority may move for reconsideration at the same Meeting, or may give notice of a motion for reconsideration of the matter at a subsequent Meeting. No discussion of the original motion shall be allowed until the motion for reconsideration has carried. A reconsideration motion requires a two- thirds vote of the Members present. No matter shall be reconsidered more than once within 12 months. 233 Bylaw /18 Page 29 22.12 Motion to Rescind A motion to rescind a previous resolution of Council requires a majority vote of the Council at a Council Meeting provided that notice has been given at the previous meeting or in the call of the Meeting and if notice has not been given, a motion to rescind requires a two-thirds vote of the Members present and voting. 22.13 Question Stated Immediately preceding a vote, the Chair may state the motion in the form introduced and shall do so if requested by a Member. The motion shall be stated in the precise form in which it will be recorded in the Minutes. 22.14 No Interruption After Question After the Chair has called the vote on a motion, no Member shall speak to the motion, nor shall any other motion be presented until, after the vote and the result has been declared. 23 Voting 23.01 Requirement to Vote All members present and seated must vote. If a Member is present and does not vote he/she is deemed to have voted in the negative. 23.02 Vote Not Allowed A Member not in their seat when the question is called by the Chair is not entitled to vote on that question. 23.03 Voting on Amendments Amendments are voted upon before the main motion and if there are numerous amendments, the Chair may place them in the most logical, practical and expeditious order for consideration. 23.04 Determination of Votes The manner of determining the decision of Council on a motion shall be by the prominent show of hands, 23.05 No Secret Voting No vote may be taken by ballot or any other method of secret voting. 234 By-law /18 Page 30 23,06 Decorum While Calling Vote When the Chair calls for the vote on a motion, each Member shall occupy their seat, and shall remain in their seat, until the result of the vote has been declared by the Chair, and during such time no Member shall cross the floor or speak to any other Member or make any noise or disturbance. 23.07 Disagreement with Result of Vote if a Member disagrees with the announcement of the Chair that a motion is carried or defeated, the Member may, but only immediately after the declaration by the Chair, object to the declaration and a recorded vote shall be taken. 23.08 Recorded Vote of Council Where a vote of Council is taken for any purpose and a Member requests, immediately prior or immediately subsequent, to the taking of the vote that the vote be recorded. Each Member present, beginning with the requester of the recorded vote, and continuing alphabetically from that member onward, except a Member who is disqualified from voting by reason of interest or otherwise, shall announce their vote openly and the Clerk shall record each vote. The Mayor shall be called upon to vote following all other Members. 23.09 Vote of the Chair The Chair, except when disqualified to vote by reason of interest or otherwise, may vote with the other Members on all questions. 23.10 Vote on the Question A motion that a vote on the question be now taken: a) cannot be amended or debated; b) cannot be proposed when there is an amending motion under consideration except for the purpose of moving that the amending motion be put; c) when resolved in the affirmative, shall be followed immediately by the original motion which shall be put forward without debate or amendment; d) can only be moved in the following words: "That the question be now put" or "Call the question"; and e) requires a two-thirds vote of the Members present. 235 By-Iaw 118. Page 31 24 Contingencies 24.01 In all contingencies not provided for in this by-Iaw, the question shall be decided by the Chair and in making such a ruling, the decision shall be based on Robert's Rules of Order. 25 Suspension of Rules 25.01 Any procedure required by this by-law may be suspended with consent of not less than two-thirds of the Members present. 26 Two -Thirds Vote 26.01 A two-thirds vote shall be deemed to have been accomplished with the following voting in the affirmative: five of seven Members four of six Members three of five Members three of four Members 27 Commencement and Administration 27.01 This by-Iaw shall be administered by the Clerk. 27.02 By-law 7212/12 and all amendments to 7212/12 are hereby repealed, 27.03 The short title of this by-Iaw is the "Procedural By-law". By-Iaw passed this 10th day of December, 2018. David Ryan, Mayor Debbie Shields, City Clerk 236 RT# CLQ cry es DICKERING Declaration of Interest Municipal Conflict of Interest Act 237 Agenda: ❑ Executive Committee Meeting .of.- ❑ Planning & Development Committee Meeting 1 ❑ Council Meeting ❑ In Camera Meeting ❑ Special Meeting of Council ❑ Other: ATTACHMENT# o7 TO REPO Details: Subject Matter: Report Number: Date of Meeting: Applicant Signature / Certification: 1, , declare a pecuniary interest regarding the above for the following reason: Councillor Signature: - Date: Councillor Name and Title: Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50 5(1) Where a member, either on his or her own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a meeting of the council or local board at which the matter is the subject of consideration, the member, . (a) shall, prior to any consideration of the matter at the meeting, disclose the interest and the general nature thereof, . (b) shall not take part in the discussion or, or vote on any question in respect of the matter; and (c) shall not attempt in any way whether before, during or after the meeting to influence the voting on any such question. u.6 PICKE RiNG Report to Council Report Number: CS 35-18 Date: December 10, 2018 From: Marisa Carpino Director, Community Services Subject: Additional Costs for Concrete Slab and Prefabricated Storage Shed - Pickering Museum Village Upper Site File: A-1440 Recommendation: 1. That additional costs in the amount of $100,000.00 (net of HST rebate) over the original budgeted amount of $250,000.00 for project 5744.1804.6500 to construct a new Upper Site Storage Shed at the Pickering Museum Village resulting in a revised budget amount of $350,000.00 (net HST rebate) be approved; 2. That the Director, Finance & Treasurer be authorized to fund the additional net project cost of $100,000.00 from property taxes; 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The Pickering Museum Village required construction of a new, prefabricated metal storage shed on a concrete slab on grade to temporarily house artifacts from the Conservation Building during its reconstruction on the lower Museum site. Request for Quotation Q-12-2018 for the prefabricated metal shed resulted in a low bid of $203,414.70 (HST included) from Prestige Building 2016 Ltd. The scope of required work was revised and reduced costs to $172,895.65 (HST included). A separate quotation was issued for provision of the required slab on grade. Q-23-2018 resulted in a low bid of $124,300.00 (HST included). Combined costs totaled $267,634.00 (net of HST rebate) and fell within the limits of the Financial Control Policy for required approvals. Bids for the prefabricated shed were received just as news broke of United States tariffs on steel, which could not be projected when the original budget was submitted. Excavation for the slab on grade also encountered worse soil conditions than had been identified by preliminary testing and required excavation of an additional 3 foot depth across the entire 6,000 square foot footprint of the shed, including subsequent backfill with suitable materials. Additional engineering and installation costs were also incurred during erection of the shed to meet increased snow load demands. Delaying the work would have impacted the start date of the Conservation Building Reconstruction project, endangering the project schedule, which is restricted by conditions and completion deadlines associated with a $450,000.00 federal grant. Doing so would also have exposed the City to delay claims by the general contractor for that project and risked incurring winter control 238 Report CS 35-18 Subject: Additional Funds for Upper Site Storage Shed at the Pickering Museum Village December 10, 2018 costs due to a late start. The extent of additional costs were also not known until after Council had recessed for the 2018 Municipal Election. The new shed plant is now substantially complete and housing artifacts from the Conservation Building, which is currently under renovation. Additional funds in the amount of $100,000.00 (net of HST rebate) are required to cover extra costs encountered during the project. Financial Implications: 1. Quotation Amounts Q-12-2018 (Prefab Metal Shed) Q-23-2018 (Slab on Grade) HST (13%) Total Gross Project Cost $153,005.00 • 110,000.00 $263,005.00 34,190.65 $297,195.65 Estimated Project Costing Summary Q-12-2018 (Prefab Metal Shed) Q-23-2018 (Slab on Grade) Additional Excavation and Fill Additional Shed Installation Costs Miscellaneous Minor Costs Total Cost HST (1.3%) Total Gross Project Costs HST Rebate (11.24%) Total Net Project Costs $153,005.00 110,000.00 32,511.80 45,028.20 3,402.00 $343,947.00 44,713.00 $388,660.00 (38,660.00) $350,000.00 3. Approved Source of Funds 2018 Capital Budget — Rec. Complex — Arenas Account Code Source of Funds Budget 5744.1804.6500 Facilities Reserve $250,000.00 Property Taxes Total Funds $250,000.00 Required $250,000.00 100,000.00 $350000.00 Project Cost under (over) approved funds by ($100,000.00) 239 Report CS 35-18 December 10, 2018 Subject: Additional Funds for Upper Site Storage Shed at the Pickering Museum Village This project has an over -expenditure that exceeds 10% of the approved amount. The over- expenditure is partially the result of the prefabricated metal shed cost being higher than originally anticipated due to the implementation of tariffs on steel by the United States. The additional cost pressure is being funded from property taxes as confirmed by the Treasurer. in accordance with Section 11.04 of the City's Financial Control Policy, over expenditure exceeding ten percent of the approved capital expenditures shall require the approval of the Treasurer, the Chief Administrative Officer, and the Council. Council approval is being sought at this time for the additional funds required. Discussion: Storage space at the Pickering Museum Village is insufficient to house all of the artifacts in its collection and most of the available storage space does not meet minimum collection standards. This condition generated the need for reconstruction of the existing steam barn to create the new Conservation Building. The contents of the existing barn, including many of the Museum collection's larger pieces, such as agricultural equipment and machinery, had to be relocated elsewhere before those renovations could proceed. A total storage area of 6,000 square feet was needed to house all of the artifacts to be displaced. Staff investigations, supported by budgetary quotes, determined that it could cost the City over $200,000.00 to temporarily relocate the affected items to temporary off-site storage. Constructing of a new on-site storage structure instead would meet short term storage needs and also provide long term storage for future needs. The project was split into two scopes for procurement in order to try and save time and reduce costs. Costs for the prefabricated metal shed were higher than originally anticipated due to the implementation of tariffs on steel by the United States. Staff were able to negotiate scope reductions with the low bidder for Q-12-2018 to find over $50,000.00 in savings from the originally submitted bid. Artifact transportation costs totaling $59,704.59 (HST included) were funded by the Pickering Museum Village Foundation to help offset pressures on the project budget. Despite preliminary testing, poor soils with high organic content were encountered during excavation for the slab on grade and required excavation to an additional 36" depth across the entire shed footprint. New fill material had to be provided to replace what was removed. Additional structural and detailing issues were encountered during erection of the superstructure, including addition roof reinforcement required to resist higher snow loads applicable in the northern areas of Pickering. It was necessary to proceed with the work immediately. Delaying completion of the shed would impact reconstruction of the Conservation Building, including risks delay claims and added costs for winter control. The Conservation Building project is also partially funded by a $450,000.00 grant from the Canadian Cultural Spaces Fund, which includes restrictive deadlines for expending funding. The full cost of the additional project costs were also not known until Council had recessed for the 2018 Municipal Election. 240 Report CS 35-18 December 10, 2018 Subject: Additional Funds for Upper Site Storage Shed at the Pickering Museum Village The Community Services Department recommends that the amount of $100,000.00 (net of HST rebate) be added to 5744.1804.6500 for construction of an Upper Site Storage Shed at the Pickering Museum Village resulting in a revised budget amount of $350,000.00 (net HST rebate) be approved. Attachments: 1. Three photographs of storage shed PreparedBy: Approved/Endorsed By: Vince Plouffe, OAA, RAIC Marisa Carpino, MA Manager, Facilities Capital Projects Director, Community Services Brian Du - Id Division Head, Operations Ray ' od ' gues Manager, Supply & Services MC:vp Stan Karwowski, CPA, CMA, MBA Director, Finance & Treasurer Recommended for the consideration of Pickering City Council v4) Tony Prevedel, P.Eng. Chief Administrative Officer da -.3O Z°IS 241 P CKER1N G Report to Council Report Number: CLK 07-18 Date: December 10, 2018 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Council Compensation Policy Recommendation: 1. That Report CLK 07-18 of the Director, Corporate Services & City Solicitor be received; 2. That the Council Compensation Policy, included as Attachment No. 1 to this report be approved; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. Executive Summary: The Council compensation Policy provides consistent rules and guidelines for Members of Council and City Staff with respect to salary, expenses and communications of elected officials. A review of the Counci[ Compensation Policy is required every term of Council. The draft policy attached includes any additions, deletion, clarifications, updated terminology or formatting changes required. Financial Implications: The attached draft Policy has been prepared in accordance with the Council approved Current and Capital budgets. Discussion: In accordance with the existing policy, a review of the Council Compensation Policy is undertaken every four years following the general municipal election. Staff's review of the existing Policy has resulted in a couple of changes to the Policy as noted in the chart below. Change Section Rationale for Change Delete 06.04 1/3 tax exempt Federal Government elimination of the 1/3 income tax exemption. Delete reimbursement of one landline for Pickering residence 12.03 a) The City provides every Member of Counci] with a smart phone and reimburses for the smart phone plan. AN correspondence notes the Member of Council's cell phone number or the City of Pickering number. Home 245 CLK 07-18 Subject: Council Compensation Policy December 10, 2018 Page 2 The changes that have been made will help Council provide an accountable and transparent municipal government. Members of Council are stewards of the taxes collected by the City from the public and are ultimately accountable to the public for the type and level of expenses they incur. Attachments: 1. Draft Council Compensation Policy Prepared By: Debbie Shields City Clerk Appro Endorsed By: ApprovedlEndorsed By: Paul Bigi s ; i Stan Karwowski Director Corpo .te Services & City Solicitor Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer 3, 2018 CORP0227-07101 revised 246 landlines are not noted on Members of Council correspondence. if a Member of Council does conduct City Business on their home landline they could submit the portion of the phone bill for that business for reimbursement. The changes that have been made will help Council provide an accountable and transparent municipal government. Members of Council are stewards of the taxes collected by the City from the public and are ultimately accountable to the public for the type and level of expenses they incur. Attachments: 1. Draft Council Compensation Policy Prepared By: Debbie Shields City Clerk Appro Endorsed By: ApprovedlEndorsed By: Paul Bigi s ; i Stan Karwowski Director Corpo .te Services & City Solicitor Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer 3, 2018 CORP0227-07101 revised 246 cds, PTCKERING Policy Policy Title: Council Compensation Policy Policy Number ADM 190 . Reference Date Originated (m/diy) Date Revised (mldly) Pages Resolution #73105 May 2, 2005 • January 15, 2007 14 Resolution #12107 November 19, 2007 Resolution #214107 March 21, 2011 Resolution #54/11 September 19, 2011 Resolution #152111 May 19, 2015 ' Resolution #48115 May 15, 2017 Resolution #299117 Dec. 10, 2018 • Approval: Chief Administrative Officer Point of Contact Director, Corporate Services & City Solicitor, Policy Objective The objective of this Policy is to: 1. Provide consistent rules and guidelines for the Mayor and Members of Council with respect to salary, expenses and communications of elected officials; and 2. Provide guidelines to staff to ensure all expenses are submitted and approved in accordance with the established parameters of the policy. Index • 01 Definitions 02 Principles 03 Responsibilities 04 General 05 Accounting Procedures 06 Salary 07 Benefits 08 Vehicle Allowance 09 Professional and Business Development 10 Councillors Stationary and Office Supply Budget 11 Meals, Receptions, Promotions & Special/Community Events 12 Communications 13 Constituent Communications 14 Websites 15 In An Election Year 247 01 Definitions 01.01 Allowable or Eligible Expense — shall mean an expense that is provided for in this policy. 01.02 Cooperative Letter shall mean a letter or other printed document that contains information of interest to residents in more than one ward and which shall be mailed or distributed beyond a ward boundary. 01.03 • Councillor — shall mean all Members of Council, excluding the Mayor. 01.04 Ineligible Expense — shall mean an expense that is not provided for in this policy. 01.05 Members of Council - shall include the Mayor and all Members of Council. 01.06 Neighbourhood Letter - shall mean a document that is prepared on letterhead and/or signed by a Member of Council and sent to a defined neighbourhood or community of interest within the constituency of a Member of Council. 01.07 Newsletter - shall mean a document that is printed on both sides and shall contain information of interest to the constituents of a Member of Council. 01.08 Telecommunications Equipment - shall include all equipment capable of transmitting over landlines and/or wireless modes 01.09 Website — shall mean a site on the World Wide Web that shall contain information of interest to the constituents of a Member of Council, 02 Principles When interpreting this policy, the following principles should be kept in mind: Autonomy of Council -- City Council, as the decision-making body of the City, is separate and distinct from the City administration. integrity of Council — The integrity of City Council as a whole and the Office of the Members of Council must be protected. The interest of City Council as a whole takes precedence over the personal interests of individual Members of Council. Accountability — Since Members of Council use public funds when they perform their duties, the public expects public funds to be used prudently. Members of Council are the stewards of City resources and are ultimately accountable to the public and their constituents for the type and level of expenses they incur. Policy Title: . _ Council Compensation Policy Page 2 of 14 Policy Number: ADM 190 248 Members of Council expenses must be reasonable and reflect what the public expects of an elected official. Transparency — The public has a right to know how public funds allocated to Members of Council are spent. The public's right to Council expense information must be balanced against the need to protect privacy and personal information, and allow time for proper accounting and reconciliation of expenses. 03 Responsibilities 03.01 Members of Council to: a) adhere to and support the Council Compensation Policy; b) consider amendments as presented by the Chief Administrative Officer; c) meet al! financial,legal, and Income Tax obligations; and d) stay within budget guidelines and expenditure categories. 03.02 Chief Administrative Officer to: a) support the Council Compensation Policy. 03.03 City Clerk to: a) approve any expenditures in accordance with the policy; b) advise Members of Council of the status of their budgets; c) advise Members of Council if any item appears to breach the Council Compensation Policy; and d) make sure that supporting documentation is in place, and that expenditures conform with the policy. 04 General 04.01 This Policy shall be reviewed every four years prior to the budget meetings that follow the general municipal election, or as directed by Council. 04.02 When a vacancy occurs and is subsequently filled, compensation, benefits and allowances shall be pro -rated to the term of office. Policy Title: Council Compensation Policy Page 3 of 14 Poiiit Number: ADM 190 04.03 Items purchased for and expense reimbursements by the City and provided to a Member of Council will be charged to the Member's budget. 04.04 Reimbursement or payment by the City will not be made if it is not specifically provided for in this policy. 04.05 No budget amount shall be provided to a new Member of Council in an election year. 04.06 No remaining current budget allocations or allowances can be carried forward into future years. 04.07 Individual Members of Council shall not use City funds to make individual grants or donations to organizations or persons for any form of sponsorship or fundraising. 04.08 Members of Council will not be reimbursed for expenditures purchased through the use of rewards, point programs or gift cards. 04.09 . Detailed listings of Council expenses are prepared on a monthly basis for each Member of Council and publicly disclosed on the City's website. 05 Accounting Procedures 05.01 Member of Council claims for expenses must follow basic accounting and audit principles: a) expenses must relate to the business of the City of Pickering; b) complete pages of ail documentation pertinent to the expenditure must be attached to the expense reimbursement form. c) Members of Council must incur the expenses. Expenses incurred by third parties cannot be claimed; d) Members of Council must provide proper documentation, including detailed original receipts, invoices or e -bills, for all expense claims. Credit card receipts or statements alone are not sufficient and will not be accepted. In the case of any internet online purchases, a copy of the confirmation is not enough for reimbursement the credit card statement must also accompany the documentation; e) invoices must include a description of the goods purchased or services rendered, the cost, applicable taxes and HST Registration Number; Policy Title: Council Compensation Policy Page 4 of 14 Policy Number: ADM 190 250 f) original signatures are required on al] expense forms and invoices. - Documentation with only signature stamps or electronic signatures will not be accepted; g) expenses must be submitted for reimbursement within 60 days of the expenditure; and h) Members of Council who charge for goods against the current year must have received the goods and or services from the vendor before December 31st- of the year. - 05.02 Reimbursement of expenses must be completed by filling out the designated form, submitting all invoices with original signatures and appropriate authorization to Accounting Services by 12:00 noon on Wednesday in order for it to be processed in that week's cheque run. 05.03 External Service Providers — payment shall be made directly by the City to the service provider upon submission of an original detailed invoice. An invoice for external services must contain, in addition to the name, address, date and additional details of services provided such as itemizing hours by day, HST business registration number and description of work provided. All invoices require sign off by the • Councillor to indicate that services were received prior to authorization, and before payment can be processed. 06 Salary 06.01 The remuneration payable to the Mayor shall be: a) $87,406.72 per annum effective January 1, 2019; and b) every January 1st thereafter the annual salary of the Mayor shall be increased at the same rate/percentage provided to those employees covered by the Collective Agreement for CUPE Local 129 on April 1st of the immediate preceding year. 06.02 The remuneration payable to a Councillor shall be: a) $36,420.23 per annum effective January 1, 2019; b) every January 13t thereafter the annual salary of a Councillor shall be increased at the same rate/percentage provided to those employees covered by the Collective Agreement for CUPE Local 129 on April 1st of the immediate preceding year;. c) a Councillor shall be paid a per diem rate of 1.0% of their annual salary for a total of ten days for attending a full day meeting, workshop, seminar or convention; and Policy Title: Council Compensation Policy Page 5 of 14 P2Iy Number: ADM 190 d) per diem payments payable to Councillors shall be paid monthly. Per diem payments shall cease on the last day that the Councillors remain in office and shall be pro -rated accordingly. 06.03 Remuneration payable to Members of Council shall be based on an annual rate and paid bi-weekly. Remuneration to Members of Council shall cease on the last day that the Member remains on the Council of the City of Pickering. 07 Benefits: 07.01 Health Plan a) An Extended Health Plan as is provided to the non-union employees shall be available to all Members of Council and their families, which includes a prescription and dental plan, vision care plan and semi -private hospital coverage. b) For a Member of Council who has completed sixteen years of continuous service and cease to be a Member for the reasons set out in Section 07.04 a), the Corporation shall pay 100% of the premium cost of the Extended Health, Dental and Vision Care Benefit Plans until the earlier of: 1) the date which is 10 years after the Member has left office; or ii) the date on which the Member attains the age of 75. c) Following a Council member's death while in service, the Corporation shall continue to pay 100% of the premium costs of the Extended Health, Dental and Vision Care Benefit Plans in respect of a Member's surviving spouse and dependents for up to twelve (24) calendar months. 07.02 Members of Council, up to age 70, shall be provided a Term Life Insurance Policy in the following amounts: a) Mayor - $200,000 b) Councillor - $100,000 c) Accidental death and dismemberment insurance coverage 07.03 A Member of Council may maintain a Registered Retirement Savings Plan (RRSP) or Tax Free Savings Account and no combination be permitted and that the guidelines for the RRSP contribution as outlined in subsection 07.03 be applied where applicable to the Tax Free Savings Account, either own or spousal, Policy Title: Council Compensation Policy Page 6 of 14 Policy Number: ADM 190 252 under Federal legislation to which the Corporation shall contribute a maximum of 13% of the Member's earned salary each year. a) To have the City make the contribution or reimburse for the contribution, the Member of Council must provide: i written confirmation that a member has sufficient contribution room, as provided by the Canada Revenue Agency on their notice of assessment, to accommodate the City's contribution, shall be provided to the Treasurer no later than December 31st in any given year and the City's contribution shall be made directly to the RRSP or Tax Free Saving Account no later than January 31St of the next calendar year; OR ii evidence of a contribution by a Member towards an RRSP or Tax Free Savings Account shall be provided to the Treasurer no later than December 31St in any given year. The member will then be reimbursed for the contribution, to a maximum of 13% of the Member's earned salary, no later than January 31st of the next calendar year. b) For the purpose of calculating the 13% RRSP or Tax Free Savings Account contribution amount, the word "salary" shall mean the annual base salary, pro -rated for a Member not holding office for an entire calendar year, of the Mayor and Councillors and it excludes all taxable benefits and allowances. c) The contribution to an RRSP or,Tax Free Savings Account is a taxable benefit regardless of whether it is paid to the Member of Council or the financial institution. d) The City shall make its contribution only in the month of January of the next calendar year regardless of when the Member of Council made a contribution, except when a Member of Council ceases to hold office during the year, in which case a whole or partial contribution will be made in that year. 07.04 a) A Member of Council, with service of more than four ' consecutive years, may, upon written application to the Treasurer by the Member, or by a representative appointed in writing by the Member, receive severance remuneration upon ceasing to be a Member by reason of: i) election defeat; ii) resignation; iii) election to another government body; or Policy Title: Council Compensation Policy Page 7 of 14 PZffol Number: ADM 190 iv) • dying while in office if the Member is 70 years of age or over and not eligible to receive benefits under the City's group life insurance program. b) . No Member of Council shall be entitled to receive severance remuneration if he or she ceases to be a Member by reason of resignation which is a result of or given in anticipation of: removal from office by judicial process; or ii) notwithstanding the above, disqualification under or by operation of any Act of the Parliament of Canada or the Legislature of the Province of Ontario, c) Severance remuneration shall be equal to one month of salary for a Member of Council, times the number of years of • consecutive, uninterrupted full service of the Member, to a maximum amount payable of 24 months remuneration. Severance remuneration shall be calculated from the day the Member took office to the last day that the Member ceases to hold office. d) A written application for severance remuneration must be received by the Treasurer within six calendar months of a Member of Council ceasing to be a Member; otherwise any entitlement to severance remuneration shall be forfeited. Upon approval of the application by the Treasurer, a payment arrangement shall be agreed to that does not extend beyond four years. Interest is not earned on the severance . remuneration if a payment arrangement is agreed on. 08 Vehicle Allowance 08.01 A vehicle allowance is provided for in the annual Current Budget on a monthly basis to each Member of Council. a) The vehicle allowance shall be deemed to provide for all travel and travel -related expenses less than 50 km one way from the Civic Complex and shall include but not be limited to fuel, parking, highway tolls, taxi fares, public transportation fares and valet services. b) Travel of more than 50 km one way from the Civic Complex shall be paid for the outgoing and return trip in excess of 100 kilometres at the per kilometre rate of reimbursement approved by Council or economy class return air fare between Toronto and the destination, whichever is the lesser. Policy Title: Council Compensation Policy Policy Number: ADM 190 Page 8 of 14 254 09 Professional and Business Development 09.01 A budget of $12,000 per term for each Member of Council shall be provided. This will be an allocation of $3,000 per Member of Council in each annual budget for professional and business development related to City Business, 09.02 Members of Council may attend the following programs that are relevant to a Member of Council's role/duties and relates to City Business: a) conferences and seminars; b) professional education and development programs; c) skills development programs; d) business development, trade missions, research/study trips; and e) other City business or other travel requested by City Council. 09.03 Expenses shall include actual accommodation costs, registration costs, travel if applicable, hotel interned telephone charges and meals if not provided by conference event and where such expenses are not otherwise claimed or paid for by another person or body. 09.04 Accommodation expenses shall be at the event headquarters and if not available, then at the nearest suitable hotel, motel, etc. and at a single occupancy room rate. All expenses over a single occupancy room rate will be the responsibility of the Member of Council. 09.05 Travel necessary for professional and business development in excess of 50 kilometres one way, 100 kilometres return from the Civic Complex, shall be paid at the per kilometre rate of reimbursement approved in the Current Budget or economy class return air fare between Toronto and the destination, whichever is the lesser. Other travel related expenses such as parking, vehicle rentals, taxi fares, public transportation fares and highway tolls incurred for travel beyond 50 kilometres one way, 100 Kilometres return shall also be reimbursed upon presentation of receipts. 09.06 Lost receipts will not be reimbursed. 09.07 Councillors must have Council approval in order for expenses to be reimbursed for any event outside of North America, unless the Mayor has delegated his authority under section 226.1 of the Municipal Act to represent the City in his place to the Deputy Mayor or a Councillor, if the Deputy Mayor cannot attend. Policy Title: Council Compensation Policy Page 9 of 14 F'dilift§ Number: ADM 190 10 Councillors Stationery and Office Supply Budget 10.01 'An annual budget of $750.00 is provided for each Councillor for office supplies used for City business such as; personalized letterhead, business cards, toner cartridges, Commissioner Stamps, publications/books relating to City business. 10.02 All letterhead and business cards must comply with the City's template guidelines. 11 Meals, Receptions, Promotions & Special/Community Events 11.01 An annual budget of $5,000.00 is provided for each Councillor for meals, individual ads, receptions,. promotions and special events where the Member of Council is required to attend in an official capacity and the event relates to City/Constituent business. 11.02 Where an invitation is extended to a Member of Council to attend a function in his or her capacity as an elected official, the Member may request reimbursement for one additional ticket for a spouse or guest, where appropriate and reasonable. 11.03 Individual ads (i.e. newspaper ads, business card ads) must be placed in news or advertising media circulated within the City of Pickering. Copies of print ads must be provided with the invoice. Meal Reimbursement 11.04 Reimbursement shall be provided to Members of Council for the cost of meals attended for the purpose of discussing matters of City business as follows: a) reimbursement shall only be provided for reasonable food and alcohol expenses upon submission of the original restaurant bill providing details of the purchase and the HST number. The attendees and the purpose of the meeting is to be noted on the reverse side of the bill; b) reimbursement for alcohol alone is not allowed; and c) Members of Council will not be reimbursed for any food, drink or alcohol for any social meal/event when taking City/Regional Staff or Advisory Committee/Board members out (i.e. lunches, retirement functions, Holiday Lunches). 12 Communications 12.01 A capital budget of $10,000 per term, per Member of Council, shall be provided for the acquisition of computer hardware/software and telecommunications equipment. Policy Title: Council Compensation Policy Policy Number: ADM 190• Page 10 of 14 256 a) Expenditures of this allocation shall only be made in the first three years of office following a general election. b) No replacement computer hardware/software, telecommunications equipment or smart phones shall be purchased or leased for Members of Council unless it is lost or stolen, or no longer operates and cannot be repaired to its initial operating specifications. The old equipment must be returned, and/or affidavit that the equipment has been lost or stolen must be submitted. Any replacement equipment purchased under this Section will be charged to the Councillor's Budget. c) Following a general municipal election, by-election or appointment, the new Member(s) of Council shall be contacted by staff to determine their needs. Members of Council may choose to be supplied with equipment recommended by City staff or they may choose to be supplied with equipment of their choice. The Manager, IT must be consulted to verify compatibility and to clarify IT support opportunities before purchase. At the point of delivery of the equipment, Members of Council shall be required to sign a Home Equipment Agreement which shall set out the equipment that has been supplied to the Member and the conditions under which it has been supplied. d) Warranties on electronics or telecommunication equipment will not be reimbursed by the City. 12.02 Returning of Equipment by Members of Council: a) the equipment issued to Members of Council remains the property of the City and shall be returned on completion of the term of office; b) every Member of Counci] who does not continue to hold municipal office shall return all computer hardware/software, telecommunications equipment and any other equipment purchased or leased on their behalf to the City by November 30th following a general municipal election or within 21 days of ceasing to hold office; c) notwithstanding section 12.02 b), an outgoing Member may request the purchase of such equipment. The Treasurer shall consider each request when submitted, taking into consideration the age of the equipment, its market value and any licensed software on equipment; d) a Member of Council will be provided with the opportunity to purchase City owned equipment if he or she: • - Has held office for at least one full term; - Is not standing for re-election; or - Has been unsuccessful in seeking re-election; Policy Title: Council Compensation Policy Page 11 of 14 P2Ac i Number: ADM 190 e) the opportunity to purchase will not be available to a Member of Council who is disqualified or dismissed from holding office; and f) in the event the above -noted items are not returned or purchased by the said date, the matter shall be referred to the Director, Corporate Services & City Solicitor to pursue recovery. 12.03 The City will reimburse each member of Council for cell phone/internet usage as follows: a) smart phone plans, iPad plans, home Internet usage costs for Pickering residence incurred in the course of City Business; and b) Members of Council who are planning to travel out -of -province or out -of -country must contact the City's ]T staff or the provider to determine the appropriate voice and data roaming plan. Roaming charges will not be reimbursed by the City for usage costs for electronic devices that are accidentally turned on or left on. 13 Constituent Communications It is recognized that there are many various methods of communications media in order for Members of Council to communicate with their constituents, including newsletters, neighbourhood letters, cooperative letters and websites. 13.01 An annual budget of $10,000 for the first, second and third calendar years and an annual budget of $4,000 for the fourth year for expenditures, will be provided to each Councillor for constituent communications. The City shall cover the cost of preparing, printing and mailing newsletters, neighbourhood letters and cooperative letters, as well as the cost of creating and maintaining a website as follows: a) a newsletter shall not be mailed or otherwise distributed beyond the • boundaries of the constituency of a Member of Council except where postal walks cross beyond the boundaries of his/her ward; b) in instances where Members of Council are assigned or appointed to additional duties, or where it is determined that the same information is being sent out by another Member, and combining information is fiscally responsible, cross -ward boundary communication exceptions may be permitted in the discretion of the City Clerk; c) a newsletter, neighbourhood letter, cooperative letter, City -funded website or other communications media shall not contain information that would promote any candidate in an election; Policy Title: Council Compensation Policy Policy Number: ADM 190 Page 12 of 14 258 d) a newsletter, neighbourhood letter, cooperative letter, City -funded website or other communications media shall not contain advertising that would promote a product or service of a company, organization or individual; e) a Member of Council shall only be reimbursed for communication expenses relating to City business incurred through media that have general circulation in the City of Pickering, such as a newspaper, radio or television station; and f) in the fourth year of a term of office, all communications must be delivered to the constituents mailing address by April 30th in order to be reimbursed by the City. 14 Websites The City will reimburse Members of Council for the cost associated with development, licensing and maintaining a website as follows: 14.01 a ]ink to the Councillor's City -funded constituent website will only be provided from the City of Pickering website under the Councillor's profile link; 14.02 Members of Council cannot convert an existing Councillor's City -funded constituent website to an election campaign website; 14.03 the City will reimburse for the purchase of one domain name registration, web hosting fees and website maintenance fees; 14.04 Members of Council's City -funded constituent websites will be hosted outside of the City's internet URL address and are entirely the responsibility of Members of Council; 14.05 City staff cannot provide any advice related to these external sites, including wording for disclaimers; 14.06 the City recommends that Members of Council choose a web -hosting company operating in Canada to reduce the risk of breaching the privacy of constituents under conditions of the United States Patriot Act; 14.07 use of the City logo and symbols must comply with all applicable City policies; 14.08 Members of Council's City -funded constituent websites cannot advocate for a political party, other levels of government, for-profit organizations or individuals not related to the business of the City, or for candidates in any municipal, provincial, federal election or by-election, or promote consent or rejection of a question on a ballot that has been submitted to electors; and PRI' Title: Council Compensation Policy P619 Number: . ADM 190 Page 13 of 14 14.09 Members of Council's City -funded constituent websites cannot contain advertising that would promote a product or service of any company, organization or individual. 15 In An Election Year 15.01 The Municipal Elections Act, 1996 states that the City cannot provide a subsidy to any candidate in a municipal election campaign. Therefore, special conditions for expense reimbursement for Members of Council apply during an election year. 15.02 In an election year the following conditions shall apply effective January 1st. due to the promotional opportunities for incumbents. a) no individual advertising shall occur where the costs are borne by the City (Le. newspaper ads/articles, business card ads); and b) no community events shall be organized by a Member of Council where the costs are borne by the City (Le. safety meetings, government info meetings). 15.03 In an election year the following conditions shall apply effective May lst: c) no mailing or distribution of constituent communications where the costs are borne by the City; d) no mailing or distribution of generic neighbourhood letters or cooperative letters shall occur where the costs are borne by the City; Policy Title: Council Compensation Policy Page 14 of 14 Policy Number: ADM 190 260 04 PICi!<ERl By-laws G December 10, 2018 7663/18 Being a by-law to establish Part Lot 20, Concession 2, Pickering, designated as Part 6, 40R-29446 as public highway. (By-law attached) 7664/18 Being a by-law to exempt Part of Lot 5, Plan 40M-1918, being Part 4, Pian 40R-19416 from part lot control. (By-law attached) 7665/18 Being a by-law to govern the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings. [Refer to New and Unfinished Business pages 206 — 236] 7666/18 Being a by-law to establish a honorarium for Members of the Committee of Adjustment. (By-law attached) 7667/17 Being a by-law to amend Schedule A of By-law 7362/14 appointing Inspectors. (By-law attached) 7668/18 Being a by-law for the collection of taxes and to establish the instalment due dates for the Interim Levy 2019 [Refer to New and Unfinished Business pages 44-46] 7669/18 Being a by-law to authorize the temporary borrowing of monies to meet the current and capital expenditures of the City of Pickering for the year 2019. [Refer to New and Unfinished Business pages 68 — 69] 7670/18 Being a by-law to appoint Susan Cassel as the Clerk of the Corporation of the City of Pickering (By-law attached) 7671/18 Being a by-law to delegate authority to staff for certain routine tax matters. [Refer to New and Unfinished Business pages 106 — 107] 261 Cit„ oh P1CKE RiNG Memo To: From: Debbie Shields City Clerk Paul Bigioni Director, Corporate Services & City Solicitor Copy: Director, Engineering Services Subject: Request for Road Establishing By-law Owner: The Corporation of the City of Pickering - Part Lot 20, Concession 2, being Part 6, 40R-29446 - (Valley Farm Road) File: Roadded.588/L4610.11-13 (Shaft 1) November 7, 2018 A land exchange was required in order to have land ownership accurately reflect the occupation and assets owned by the City of Pickering (Valley Farm Road allowance) and the Region of Durham (Central Duffin Collector Metering Facility) as a result of the Southeast Collector Trunk Sewer project. As Part Lot 20, Concession 2, being Part 6, 40R-29446 has now been transferred from the Region of Durham to the City of Pickering for road allowance purposes, it is appropriate to establish Part 6, 40R-29446 as public highway. Attached is a location map and a draft by-law for the consideration of City Council at its meeting scheduled for December 10, 2018. :bg Attachments Location Map Draft By-law 262 0 0 4- E 0 0 m Finch Avenue Part 6, 40R-29446 ' C44 Location Map File: ROADDED 588 • PICKERING City Development . 63 Department Applicant: City of Pickering ' Property Description: Part Lot 20, Con. 2, being Part 6, 40R-29446 Date: Nov. 06, 2018 15 The Corporation of the Cly of Mann Produced to pan)us>.IIGoans.tom: Cr Omens Ratter. Cerra R�f R* of ttetural Fie sous... Al aphis resc, .d C Her 7.lelesty the Goer h In Hight of Canada, ft epar nenl af!{ohu.l HenurcaAA1 ilphhreservea.: tlferenel ErderprieesDimond RevWars sleights reaerved.;['Municipal PropedyAs. ssnent Gerperxdon old its sop pPere a% aphis reserved.; SCALE: �:�rfl00 C m, Is NOTA PLAN OF suarnEf. The Corporation of the City of Pickering By-law No. /18 Being a by-law to establish Part Lot 20, Concession 2, Pickering, designated as Part 6, 40R-29446 as public highway. Whereas The Corporation of the City of Pickering is the owner of Part Lot 20, Concession 2, Pickering, designated as Part 6, 40R-29446 and wishes to establish it as public highway. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Part Lot 20, Concession 2, Pickering, designated as Part 6, 40R-29446 is hereby established as public highway (Valley Farm Road). By-law passed this 10th day of December, 2018. David Ryan, Mayor Debbie Shields, City Clerk 264 (4 d- PJCKE RiNG Memo To: Debbie Shields City Clerk From: Paul Bigioni Director, Corporate Services & City Solicitor Copy: Director, City Development & CBO Subject: Request for Part Lot Control By-law - Owner: , E. Raponi - Part Lot 5, Plan 40M-1918, being Part 4, Plan 40R-19416 File: PLC.40M-1918.8 November 14, 2018 Part 4, Plan 40R-19416 has been developed in accordance with the appropriate Subdivision Agreement and Zoning By-law to allow for the construction of a single detached dwelling unit on that Part. As the construction of the dwelling unit on Part 4, Plan 40R-19416 is nearing completion, a Part Lot Control By-law is required to ensure the legal conveyance of Part 4, Plan 40R-19416. Attached is a location map and a draft by-law, enactment of which will exempt Part 4, Pian 40R-19416 from the part lot control provisions of the Planning Act, thus permitting the transfer of that Part into separate ownership, This draft by-law is attached for the consideration of City Council at its meeting scheduled for December 10, 2018. :bg Attachments Location Map Draft By-law 265 OUG E W z W W ❑ O d FOREST CRESCE NE GROVE AVENUE WEST LANE t tle 1oo w PROHiLL STREET MIN PART 4, 40R49416 HOGARTH STREET Abr .111111.0 MINN =MI U) MOM M M __ WAN °6 :11111111 m a� w w zco a 0 0 w W U h W I*" 1 111111111 111111111 IMmig W WATERFORD GATE ❑ O 1 . 644 Location Map File: Part Lot Control PICKERING City Development Department Applicant:E. Raponi Property Description: Part Lot 5, Plan 40M-1918, being Part 4, Plan 40R-19416 Date: Nov. 05, 2018 0 The Oerpwasanolthe Cly of 1dlemlg P100oCod flrl lalrlulderfunsefrom,0Cameos Arrde r, Ortaro Ml n day of NshaalReabreu s. s re rca2.; Al,01,rlserve6.;.1-11r Mal e9y9elOveanLa}VjAof Ca rs2a, Oapaflowiof ffahoal Re se ants Al dgkry Inc. a rd Ns sumpkers ail Neils TEA mad_© Llan! vaT Ervphay As+t+Lllek 0,90,60.0,90,60. and As oupOels al 115NarexNcd.; SCALE: 1:5,000 T111315 NOTA PUH Oi 9VR1 FV, I RN-69Tefailf:Melpllaea 266 • The Corporation of the City of Pickering_ _ •t By-law No. /18 Being a by-law to exempt Part of Lot 5, Plan 40M-1918, being Part 4, Plan 40R-19416 from part lot control. Whereas pursuant to the provisions of section 50 of the Planning Act, R.S.O. 1990, chapter P.13, the Council of a municipality may by by --law provide that section 50(5) of the Act does not apply to certain lands within a plan of subdivision designated in the by-law; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, does not apply to the lands described as follows: O Part Lot 5, Plan 40M-1918, being Part 4, Plan 40R-19416 2. This by-law shall remain in force and effect for a period of one year from the date of the passing of this by-law and shall expire on December 10, 2019. By-law passed this 10th day of December, 2018. , 3 fr 7, Ar David Ryan, Mayor Debbie Shields, City Clerk 267 /;:C., oaf PICKE RiNG Memo To: Debbie Shields City Clerk From: Catherine Rose Chief Planner Copy: Principal Planner, Development Review Subject: Amending By-law for Committee of Adjustment Honorarium November 28, 2018 Amending By-law 7666/18 Purpose and Effect of By-law To establish revised compensation for Members of the Committee of Adjustment at $120.00 per meeting. Council Meeting Date December 10, 2018 Note The revised compensation will take effect as of January 1, 2019. DW:jc JABYLAWS1CofA By-law}Memo to D. Shields.tlorx Attachment 268 The Corporation of the City of Pickering By-law No. 7666118 Being a By-law to establish a honorarium for Members of the Committee of Adjustment. Whereas pursuant to Section 44(9) of the Planning Act, R.S.O. 1990, c. P.13, the Members of the Committee of Adjustment shall be paid such compensation as the Council may provide; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. The remuneration payable to a Member of the Committee of Adjustment shall be $120.00 per meeting. 2. .This By-law shall take effect as of January 1, 2019. 3. By-law 5242/98 is hereby repealed. By-law passed this 10th day of December, 2018. David Ryan, Mayor Debbie Shields, City Clerk 269 ed. PJCKE RiNG Memo To: Debbie Shields City Clerk From: Kyle Bentley Director, City Development & CBO Copy: Not Applicable Subject: Amend Schedule A of By-law 7362/14 appointing Inspectors File: L-2000-021 December 4, 2018 As a result of staff changes within the Building Services Section, and pursuant to the Building Code Act, please be advised that it will be necessary to amend Schedule A of By-law 7362/14 as attached hereto. The new schedule will reflect the following housekeeping changes: • Please find an attached schedule A updated noting all of the appointed Building inspectors If you have any questions, please contact me at extension 2070. c/e/14 KB:Id Attachment Schedule A — Appointments 270 The Corporation of the City of Pickering By-law No. 7667118 Being a By-law to amend Schedule A of By-law 7362/14 appointing Inspectors Whereas, pursuant to the provisions of subsection 3(1) of the Building Code Act, 1992, S.O. 1992, chapter 23, the Council of The Corporation of the City of Pickering is responsible for the enforcement of the Act within the City of Pickering; Whereas, pursuant to By-law 7362/14, Council appointed a Chief Building Official and such Inspectors as are necessary for the enforcement of the Act within the City of Pickering; Whereas, as a result of recent staff changes, the By-law to appoint these individuals must be amended to reflect the addition of new Inspectors; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: Schedule A of Bylaw 7362/14, as amended, is hereby deleted and replaced with Schedule A attached hereto. By-law passed this 10th day of December 2018. David Ryan, Mayor Debbie Shields, City Clerk 271 Schedule A Appointments Item Column Column 1.. Chief Building Official , Kyle Bentley 2, Deputy Chief Building Official/Inspector Carl Kolbe 3. Inspector Steven Amaral 4. Inspector Jeremy Bender 5. inspector Joseph Domanski 6. Inspector -David Escudero 7. Inspector - • Adam Fowler - 8. InspectorRachelle Gravel 9. Inspector- - Steven Heidebrecht 10. Inspector Anthony Nunes 11. inspector . Steven Smythe ,12. Inspector Ardalan Tanha 13. - Inspector . Robert Watson 14. . Inspector Andy Westcott 272 c44 F1CKER \G Memo To: Mayor Ryan and December 10, 2018 Members of Council From: Debbie Shields City Clerk Copy: Chief Administrative Officer Subject: Appointment By-law for New City Clerk Further to the retirement of Debbie Shields, City Clerk, please find attached a draft by-law appointing Susan Cassel as the new City Clerk for the City of Pickering effective December 14, 2018. DS 273 The Corporation of the City of Pickering By -Law No. 7670/18 Being a by-law to appoint Susan Cassel as the Clerk of the Corporation of the City of Pickering Whereas pursuant to Section 228(1) of the Municipal Act, 2001, as amended, a municipality shall appoint a clerk whose duty it is, a) to record, without note or comment, all resolutions, decisions and other proceedings of the council; b) if required by any member present at a vote, to record the name and vote of every member voting on any matter or question; c) to keep the originals or copies of all by-laws and of all minutes of the proceedings of the council; d) to perform the other duties required under this Act or under any other Act; and e) to perform such other duties as are assigned by the municipality; and Whereas pursuant to Section 228(2) of the said Act, a municipality may appoint deputy clerks who have all the powers and duties of the clerk under this and any other Act; Now Therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: 1. That Susan Cassel is hereby appointed Clerk of the Corporation of the City of Pickering effective December 14, 2018: 2. By-law Number 7010/09 is hereby repealed. By-law passed this 10th day of December, 2018. David Ryan, Mayor Debbie Shields City Clerk 274